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 28 January 2005. The findings of the appeals committee were that the original decision taken by my Department should be upheld.
Both my Department and the independent single payment appeals committee took full cognisance of the medical evidence put forward in this case. However, while accepting the serious nature of the medical difficulties outlined, there is no evidence that production in any of the reference years was affected as a result. Production, both throughout the reference period 2000-02, and during the earlier reference period 1997-99, remained relatively constant.