Applications under the 2009 and 2010 Disadvantaged Areas Scheme were received from the person named on 15 May 2009 and 20 May 2010, respectively. The Terms and Conditions governing the Scheme require, inter alia, that applicants maintain a minimum stocking density on their holding of 0.15 livestock units per forage hectare declared, for at least three consecutive months, during the calendar year of application. However, where the holding of an applicant is identified as not meeting this minimum requirement, the person in question is invited to submit evidence of satisfactory stocking i.e. Flock Register, Horse Passports or details of a REPS or Commonage Framework Plan, which provides for a lower stocking level. The person named was notified of this condition and replied stating that he could not meet the required stocking levels due to ongoing health issues. However, as allowance had been made in respect of this condition in respect of the 2008 application year, on an exceptional basis, it cannot be granted again. The EU rules governing the application of the principle of Force Majeure/exceptional circumstances clearly state that any such circumstances should be unforeseen; unfortunately, therefore, ongoing illness can not be deemed as meeting this definition and, accordingly, it is not appropriate to waive the minimum stocking density requirement of the Scheme in this case for the years in question.