Having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure, exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, the person named submitted an appeal to the independent single payment appeals committee. Following a full examination of the circumstances outlined in the appeal, the appeals committee made a recommendation and a letter issued to the person on 28 January 2005. The appeals committee found that the original decision taken by my Department should be upheld.
My Department and the independent single payment appeals committee took full cognisance of the medical evidence put forward in this case. While they accepted the serious nature of the medical difficulties outlined, there was no evidence that production in any of the reference years was affected. Throughout the reference period 2000-02 and during the earlier reference period 1997-99, production remained relatively constant. If the person named wishes to submit additional information or medical evidence, my Department will re-examine the circumstances of the case in the light of it. Arrangements have been made to furnish an additional appeals form to the person named.