Dáil Éireann Debate, Wednesday - 26 January 2005
641 Mr. McGuinness asked the Minister for Agriculture and Food if a force majeure application in the name of a person (details supplied) in County Kilkenny will be reviewed; and if she will make a statement on the matter. [1274/05]
View answerThe 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 6 November 2004. The appeals committee found that the original decision taken by my Department should be upheld.
My Department has re-examined the additional medical evidence submitted on appeal and is now satisfied that force majeure can be applied in respect of the serious degeneration of the medical condition of the person named in 2000. Consequently, the year 2000 will be excluded and only the years 2001 and 2002 will be used in the calculation of the single payment entitlement. An amended statement of provisional entitlements reflecting this position will issue shortly to the person named.
