EU Regulations governing the Single Payment Scheme introduced in 2005 provided that payment was to be based on the three-year average payments received under the EU Livestock and Arable aid scheme for the reference years 2000, 2001 and 2002.
Under the Force Majeure provision a farmer whose production was adversely affected during the reference period by a case of force majeure or exceptional circumstance occurring before or during the reference period was entitled to request that the reference amount be calculated on the basis of the calendar year or years within the reference period not affected by force majeure or exceptional circumstance.
The person named applied and qualified for the exclusion of scheme years 2000 and 2002 in the calculation of his entitlements.
There is no provision under the regulations to calculate entitlements using payment made under the 2003 and/or 2004 scheme year.