The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure or exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee.
Following a full examination of the circumstances outlined in the appeal, the independent single payment appeals committee made a recommendation and a letter issued to the person named on 25 November 2004. The appeals committee found that as the illness suffered by the person considerably pre-dated the reference period, the original decision taken by my Department should be upheld.
In his application and subsequent appeal the person named had requested my Department to grant him entitlements in respect of stock that he would have kept in the reference period, but was unable to do so because of the circumstances outlined. However, there are no provisions in the force majeure regulations whereby additional entitlements can be granted in such circumstances.