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 19 November 2004. The appeals committee found that the original decision taken by my Department should be upheld.
However, following further representations and additional information received, my Department has re-examined the circumstances of this case and is satisfied that force majeure should be applied. As a result the single farm payment entitlements will be based on the earlier reference period, 1997, 1998 and 1999 and the reference period 2000 to 2002 will be excluded. An updated statement of provisional single payment entitlements, reflecting this position, will issue shortly to the person named.