Gerard Murphy (Cork North West, Fine Gael)
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Question 156: To ask the Minister for Agriculture and Food if area aid will be awarded to a person (details supplied); the status of this application. [21697/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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Neither of the persons named have entitlements established under the single payment scheme because they did not receive any direct payments during the reference period 2000 to 2002.

The late son of the second person named, submitted an application for an allocation of entitlements from the single payment scheme national reserve under categories A and D. Category A caters for farmers who inherit, lease or otherwise receive free of charge or for a nominal consideration a holding from a farmer who retired or died, as the case maybe, before the closing date for receipt of the single payment application in 2005 and that holding was leased by the previous owner to a third party during the reference period. Category D caters for farmers who are new entrants to farming since the reference period. They must have commenced their farming activity after 31 December 2002 or during 2002 without having received direct payments in respect of that year.

In view of the tragic circumstances of this case, my Department will now accept an application to the national reserve from the second person named to replace that of his late son. If he has not retired from farming and has not been farming during the past five years, he may be eligible to apply to the reserve under category D. I have arranged for an application form to be sent to him for completion. I should point out that he would not be eligible to apply under category A as it was he who decided to lease out his land during the reference years.

In the event that he does submit an application, the second person named will be notified of his eligibility or otherwise as soon as all applications are processed.

Gerard Murphy (Cork North West, Fine Gael)
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Question 157: To ask the Minister for Agriculture and Food if she will consider the single payment application for a person (details supplied) in County Cork. [21698/05]

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.