Jimmy Deenihan (Kerry North, Fine Gael)
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Question 664: To ask the Minister for Agriculture and Food when a decision will be made on the appeal by a person (details supplied) in County Kerry to be accepted as a [i]force majeure[/i] case; and if she will make a statement on the matter. [1580/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named, having been notified that the circumstances outlined by her did not satisfy the criteria for force majeure— 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 29 November 2004. The findings of the appeals committee were that the original decision taken by my Department should be upheld. However, following further representations and additional information received, my Department has re-examined the circumstances of this case and is satisfied that force majeure should be applied. As a result the single farm payment entitlements will be based on 2000 only and the years 2001 and 2002 will be excluded. An updated statement of provisional entitlements, reflecting this position, will issue shortly to the person named.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 665: To ask the Minister for Agriculture and Food when a decision will be made on an application by a person (details supplied) in County Roscommon under [i]force majeure[/i]; and if she will make a statement on the matter. [1581/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named, 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, 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 21 January 2005. The findings of the appeals committee were that the original decision taken by my Department should be upheld.

The person named had been under the care of his local GP since 1995 and in 1999 applied to participate in the early retirement scheme. Prior to his commencement in the early retirement scheme in 2000, the person named established a number of entitlements during that year. These entitlements may be activated and leased to the transferee in 2005. After the expiration of the lease the entitlements will return to the person named and may then be either leased out or transferred to a family member.