The original closing date for receipt of area aid applications was 30 March 2001. This was extended to 27 April 2001. My Department received an application from the person named on 29 May 2001. EU regulations provide that when an application is received late a penalty deduction of 1% of any aid payable for each working day that the application is late is incurred. Where an application is received more than 25 calendar days late, a 100% penalty is applied. Applications received from 23 May 2001 inclusive have, therefore, incurred a 100% late penalty.
The regulations provide for appeal on the grounds of force majeure which is defined as circumstances which could not have been foreseen by a prudent producer and could not be circumvented or prevented by him or her, or, if so, could only be done at unreasonably excessive cost. An appeal on the grounds of force majeure must be lodged in writing with my Department, along with relevant supporting documentation.
The person named has written to my Department giving health problems as the reason for the delay. My Department has now written to the person named outlining the evidence required by EU regulations to enable a case of force majeure to be considered.