S.I. No. 639/2017 - European Union (Basic Payment Scheme Inheritance) Regulations 2017

1. These Regulations may be cited as the European Union (Basic Payment Scheme Inheritance) Regulations 2017.

2. These Regulations apply to payment entitlements granted in accordance with Regulation 1307/2013.

3. (1) In these Regulations—

“Regulation 1307/2013” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 (as amended by Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013, Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014, Commission Delegated Regulation (EU) No 994/2014 of 13 May 2014, Commission Delegated Regulation (EU) No 1001/2014 of 18 July 2014, Commission Delegated Regulation (EU) No 1378/2014 of 17 October 2014, Commission Delegated Regulation (EU) 2015/851 of 27 March 2015, Commission Delegated Regulation (EU) 2016/142 of 2 December 2015, Commission Implementing Regulation (EU) 2016/1616 of 8 September 2016 and Commission Delegated Regulation (EU) 2017/1155 of 15 February 2017) and Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014;

“will” has the same meaning as in the

Succession Act 1965

(No. 27 of 1965).

(2) A word or expression that is used in these Regulations and is also used in Regulation 1307/2013 has, unless the context otherwise requires, the same meaning in these Regulations as it has in Regulation 1307/2013.

4. Where a deceased person bequeaths land in a will and—

(

a

) at the time of his or her death held an allocation of payment entitlements under Regulation 1307/2013, and

(

b

) made no provision for those payment entitlements in his or her will

such payment entitlements (or share thereof) shall transfer with the eligible land unless there is a legal impediment preventing the transfer.

Given under my Official Seal,

21 November 2017.

MICHAEL CREED,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

This Statutory Instrument provides legal basis to the Department of Agriculture, Food and the Marine for the inheritance of Basic Payment Scheme entitlements where the will of a deceased farmer is silent in relation to these entitlements. The SI provides for the entitlements to transfer with the land in such circumstances.

1 OJ L 347, 20.12.2013, p. 608

2 OJ L 347, 20.12.2013, p. 865

3 OJ L181, 20.6.2014, p. 1

4 OJ L 280, 24.9.2014, p. 1

5 OJ L281, 25.9.2014, p.1

6 OJ L367, 23.12.2014, p. 16

7 OJ L 135, 2.6.2015, p. 8

8 OJ L 28, 4.2.2016, p. 8

9 OJ L 242, 9.9.2016, p. 19

10 OJ L 167, 30.6.2017, p. 1

11 OJ L 181, 20.6.2014, p. 74

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th January

, 2018.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), for the purpose of giving full effect to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013

1

, (as amended by Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013

2

, Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014

3

, Commission Delegated Regulation (EU) No 994/2014 of 13 May 2014

4

, Commission Delegated Regulation (EU) No 1001/2014 of 18 July 2014

5

, Commission Delegated Regulation (EU) No 1378/2014 of 17 October 2014

6

, Commission Delegated Regulation (EU) 2015/851 of 27 March 2015

7

, Commission Delegated Regulation (EU) 2016/142 of 2 December 2015

8

, Commission Implementing Regulation (EU) 2016/1616 of 8 September 2016

9

and Commission Delegated Regulation (EU) 2017/1155 of 15 February 2017

10

) and Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014

11

, hereby make the following regulations