Jimmy Deenihan (Kerry North, Fine Gael)
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Question 449: 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 against the decision rejecting their application as a force majeure case; and if she will make a statement on the matter. [30995/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named has been previously 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. He appealed this decision to the Independent Single Payment Appeals Committee and the Appeals Committee upheld the decision of my Department. The person named was however invited to make an application under the 2005 National Reserve measure of the Single Payment Scheme.

The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Categories A, C and D. Category A caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May 2005 and who had leased out his/her holding to a third party during the reference period 2000 – 2002. The person named was unsuccessful under this category as he inherited the land prior to the reference period 2000 – 2002.

Category C caters for farmers who, between 1 January 2000 and 19 October 2003, sold their milk quota into the Milk Quota Restructuring Scheme and converted their enterprise to a farming sector for which a direct payment under Livestock Premia/or Arable Aid Schemes would have been payable during the reference period 2000 to 2002. The person named was unsuccessful as his existing Single Payment already reflects his conversion to or expansion in another eligible farming sector.

Category D caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 on purchased or inherited land but who received no direct payments in respect of that scheme year. The person named was unsuccessful as he commenced farming and received direct payments prior to 31 December 2002.

If the person named is dissatisfied with my Department's decision in relation to the National Reserve, he now has the opportunity to appeal this decision to the Independent Single Payment Appeals Committee. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.