Mary Coughlan (Donegal South West, Fianna Fail)

I propose to take Questions Nos. 73 and 83 together.

My Department implemented The force majeure procedure for the single farm payment scheme 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 eligible on the grounds of force majeure or exceptional circumstances 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 three-year average. In such cases, it would be detrimental to the applicant to benefit from the provisions of Article 40.

To give farmers ample opportunity to avail themselves of this measure, my Department introduced a scheme in December 2003 for the submission of applications regarding force majeure or exceptional circumstances. The scheme was extensively advertised in the national and local press, with an initial closing date of 23 January 2004. Owing 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 to give farmers every opportunity to submit an application. We received in excess of 15,000 applications, of which 98% have been processed to finality.

Provision was made whereby any farmers dissatisfied with the decision of my Department in respect of their application under force majeure or exceptional circumstances had the right to appeal. In that regard, the single payment appeals committee, comprising 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 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 in September 2004, my Department granted farmers who had not already done so a further opportunity to submit applications regarding force majeure or exceptional circumstances. We have received in excess of 3,000 such applications. The deadline for submission of applications under this phase of the scheme was 29 October 2004. All unsuccessful applicants will continue to have a right of appeal to the independent single payment appeals committee.

I am satisfied that the timescale provided for submission of applications and the procedures introduced for processing applications under force majeure or exceptional circumstances regarding the establishment of entitlements under the single payment scheme are comprehensive, effective and fair.

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