Damien English
Question:29 Mr. English asked the Minister for Agriculture and Food her plans to review the force majeure procedure for the single farm payment; and if she will make a statement on the matter. [1806/05]
View answerThursday, 27 January 2005
Questions (34, 35)
Gay Mitchell
Question:69 Mr. G. Mitchell asked the Minister for Agriculture and Food if she is satisfied with the force majeure procedure for the single farm payment; and if she will make a statement on the matter. [1802/05]
View answerWritten answers
I propose to take Questions Nos. 29 and 69 together.
The force majeure procedure for the single farm payment scheme is implemented by my Department in accordance with the provisions of Article 40 of Council Regulation (EC) No. 1782/2003. Eligible applicants under this measure can have their entitlements based on an average of one or two years during the reference period — 2000, 2001 and 2002 — or the alternative reference period — 1997, 1998 and 1999. If the revised average for applicants is less than the average for the three years of the reference period, as happens in some cases, the applicant in question retains the higher average.
In order to give farmers ample opportunity to avail of this measure my Department introduced a scheme in December 2003 for the submission of applications in relation to force majeure-exceptional circumstances.
The scheme was extensively advertised in the national and local press with an initial closing date of 23 January 2004. Due to the high level of interest in the measure and difficulties being experienced by certain applicants in obtaining documentary evidence, my Department extended the closing date to 6 February 2004. In excess of 15,000 applications were received of which 92% have been processed to finality.
Provision was made whereby any farmers who were dissatisfied with the decision of my Department in respect of their application under force majeure-exceptional circumstances had the right to appeal. In this regard, the single payment appeals committee comprising of an independent chairman, Mr. John Duggan, and four appeals officers from the agriculture appeals office, was established. I am satisfied that this appeals mechanism provides farmers with an effective means to have their applications reviewed with in an independent, fair, comprehensive and efficient manner if they are not satisfied with my Department’s decision in their case.
Following the issue of statements of provisional entitlements, my Department has been granting farmers, who had not already done so, a further opportunity to submit applications in relation to force majeure-exceptional circumstances. In excess of 2,500 such applications have already been received. All of these applicants who are unsuccessful will continue to have a right of appeal to the independent Single Payment Appeals Committee.
I am satisfied that the procedures introduced for the processing of applications under force majeure-exceptional circumstances in relation to the establishment of entitlements under the single payment scheme are comprehensive, effective and fair.