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Article 34 Transfer of payment entitlementsF1

United Kingdom

Original text. Later amendments are not shown.

1.

Payment entitlements may be transferred only to a farmer F2entitled to be granted direct payments in accordance with Article 9 established in the same F3constituent nation, except in the case of transfer by actual or anticipated inheritance.

Payment entitlements, including in the case of actual or anticipated inheritance, may be activated only in the constituent nation where they were allocated.

(F41A.)

Transfer of payment entitlements, by any method, can only take place if it includes the transfer of an eligible hectare in the same transaction from the same transferor.

2.

Where F5the relevant authority exercises the option in Article 23(1), payment entitlements may be transferred or activated only within the same region, except in the case of actual or anticipated inheritance.

Payment entitlements, including in the case of actual or anticipated inheritance, may be activated only in the region where they were allocated.

3.

F6A relevant authority not exercising the option in Article 23(1) may decide that payment entitlements may be transferred or activated only within the same region, except in the case of actual or anticipated inheritance.

Such regions shall be defined at the appropriate territorial level in accordance with objective criteria and in a way that ensures the equal treatment of farmers and avoids distortions of the market and of competition.

F74.

Where payment entitlements are transferred without land, F8the relevant authority may, acting in compliance with F9F10assimilated law relating to the common agricultural policy and the objectives of the common agricultural policy set out in Article 39 of the Treaty on the Functioning of the European Union, decide that a part of the payment entitlements transferred are to revert to the national reserve or regional reserves or that their unit value is to be reduced in favour of the national reserve or regional reserves. Such reduction may be applied to one or more types of transfer.

5.

The F11appropriate authority may make regulations laying down detailed rules governing the notification by farmers of transfer of payment entitlements to the F12relevant authority and the deadlines within which such notification is to take place. F13...

Annotations

Textual amendments

F1

Regulation revoked (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 3 para. 1 Table 1 (with Sch. 3 Pt. 2)

F2

Words in Art. 34(1) omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(16); and words in Art. 34(1) omitted (N.I.) (23.2.2021) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 2(15)

F3

Words in Art. 34(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(a)

F4

Art. 34(1A) inserted (W.) (1.1.2026) by The Basic Payment Scheme (Tapering, Payment Entitlements and Closure) (Wales) Regulations 2025 (S.I. 2025/1282), regs. 1(2), 5(2)

F5

Words in Art. 34(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(b)

F6

Words in Art. 34(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(c)

F7

Art. 34(4) omitted (W.) (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 7(15)

F8

Words in Art. 34(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(d)(i)

F9

Words in Art. 34(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(d)(ii)

F10

Word in Art. 34(4) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 105

F11

Words in Art. 34(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(e)(i)

F12

Words in Art. 34(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(e)(ii)

F13

Words in Art. 34(5) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(10)(e)(iii)

Notes on Title III

Textual amendments

F2

Words in Title 3 heading substituted (N.I.) (1.1.2026 in relation to the 2026 scheme year and subsequent years) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), Sch. 2 para. 2(5)

Notes on Chapter 1

Textual amendments

F2

Words in Title 3 Ch. 1 heading substituted (N.I.) (1.1.2026 in relation to the 2026 scheme year and subsequent years) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), Sch. 2 para. 2(5)

Notes on Section 3

Textual amendments

F2

Words in Title 3 Section 3 heading substituted (N.I.) (1.1.2026 in relation to the 2026 scheme year and subsequent years) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), Sch. 2 para. 2(5)