Jimmy Deenihan (Kerry North, Fine Gael)
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Question 77: To ask the Minister for Agriculture and Food if farmers who joined the REP scheme between 1997 and 1998 in NHA and SAC areas, and had to destock on the advice of their REP scheme planner due to overgrazing, will be regarded as [i]force majeure[/i] cases (details supplied); and if she will make a statement on the matter. [1772/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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Under Article 40 of European Council Regulation 1782/2003, farmers who were under agri-environmental commitments during the reference years 2000 to 2002 are entitled to have a year or years not affected by their agri-environmental commitments used to calculate their entitlements.

However, under European Commission Regulation 795/2004 setting out the detailed rules governing the single payment scheme, farmers who choose to maximise their single payment entitlements in this way may not also receive compensation under REPS or the national scheme operated by the Department of the Environment, Heritage and Local Government for the loss of direct payments arising out of destocking.