Paul Connaughton Snr (Galway East, Fine Gael)
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Question 840: To ask the Minister for Agriculture and Food the reason a person (details supplied) in County Galway has not been given an opportunity to claim the single farm payment under [i]force majeure[/i] for the years 1997, 1998 and 1999; and if she will make a statement on the matter. [24260/05]

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 single payment appeals committee.

Following a full examination of the circumstances outlined in the appeal, the single payment appeals committee made a recommendation and a letter issued to the person named on 8 February 2005. The findings of the appeals committee were that the original decision taken by my Department should be upheld. Force majeure provides for circumstances on the holding of a nature that can best be described as sudden, unforeseen and beyond the control of the applicant. Where such circumstances are accepted as affecting all of the reference period 2000-02 then the alternate reference period 1997-99 may be used.

Having reviewed the additional information and clarifications now submitted by the named person, my Department has decided to establish his entitlements on the alternative 1997 to 1999 reference period.