Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 553: To ask the Minister for Agriculture and Food if a decision has been made on a [i]force majeure[/i] application by a person (details supplied) in County Roscommon; and if she will make a statement on the matter. [19701/05]

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 24 February 2005. The findings of the appeals committee were that the original decision taken by my Department should be upheld.

The force majeure application on behalf of the person named relates to under-declaration of land on his area aid applications during the reference period. Both the single payment unit and the single payment appeals committee are satisfied that the circumstances put forward do not fulfil the force majeure criteria under the single payment regulations.

Paul Kehoe (Wexford, Fine Gael)
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Question 554: To ask the Minister for Agriculture and Food if assistance will be offered to a person (details supplied) in County Wexford. [19814/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person concerned is an applicant under the installation aid scheme. By virtue of the terms of the scheme, applicants are required to submit their preliminary application — IAS 1 — within six months of the date of establishment. In this case, the period for lodgment of the IAS 1 form expired in August 2002 but the application was not received by my Department from the person concerned until 21 March 2005. The scheme provides that a penalty of 5% per month is applicable for each month by which this application form is received late. As the penalty involved exceeds 100%, I regret that no payment is due in this case.

Willie Penrose (Westmeath, Labour)
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Question 555: To ask the Minister for Agriculture and Food if an application for the consideration of [i]force majeure[/i]-exceptional circumstances in respect of entitlements of a person (details supplied) in County Westmeath under the single payment scheme has been received by her Department; if an additional application for review has also been received, setting out the very exceptional circumstances related to the health of the person; if so, if it will be considered; and if she will make a statement on the matter. [19815/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named has 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. Following this decision the person named submitted an appeal to the independent single payment appeals committee. A full review of the circumstances of the case will be carried out by the independent single payment appeals committee and the person named will be notified shortly of the outcome. To date, there is no record of the person named having submitted a review of provisional entitlements.

Willie Penrose (Westmeath, Labour)
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Question 556: To ask the Minister for Agriculture and Food if she has received an application for consideration of [i]force majeure[/i]-exceptional circumstances from a person (details supplied) in County Longford in respect of entitlements under the single payments scheme; if this person will be allowed an oral hearing in respect of the application; and if she will make a statement on the matter. [19816/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named has 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. Following this decision the person named submitted an appeal to the independent single payment appeals committee. The single payment appeals do not fall under the remit of the agriculture appeals office and consequently there is no provision in such cases for an oral hearing of an appeal. A full review of the circumstances of the case will be carried out by the independent single payment appeals committee and the person named will be notified shortly of the outcome.