Bernard Durkan (Kildare North, Fine Gael)
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Question 144: To ask the Minister for Agriculture, Fisheries and Food the number of applications received for assistance under the [i]force majeure[/i] heading; the number that have been granted, refused or pending in 2007; and if she will make a statement on the matter. [7339/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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The concept of Force Majeure / exceptional circumstances is a long established principle and is defined in EU regulations as including, for example: the death of the farmer; long-term incapacity of the farmer; a severe natural disaster gravely affecting the holding's agricultural land; the accidental destruction of livestock buildings on the holding; an epizootic affecting part or all of the farmer's livestock.

It is open to individuals to seek relief on the grounds of Force Majeure / exceptional circumstances in respect of each of the schemes operated by my Department. In practical terms, however, it is under the Single Payment Scheme that the largest numbers of such cases have arisen. The Regulations governing the introduction and management of the SPS specifically provided for such cases, particularly where farmers' production had been adversely affected during one or more of the three years of the Reference Period. Mindful of this provision, in 2004 my Department invited farmers, who considered that they qualified under this provision, to submit details for consideration. While these submissions largely concerned general SPS, submissions specific to both the Dairy Premium and Sugar sub-sectors of the SPS were also received and considered. While 13,735 of the total of 18,767 applications were submitted under the Force Majeure / exceptional circumstances measure of the Single Payment Scheme were refused, 5,032 were deemed successful and the farmers concerned received increased single payment entitlements as a result.

In 2007, my Department received eight applications under the Scheme of Early Retirement from Farming from farmers who were unable to meet all eligibility criteria, of which five were allowed. In the case of aquaculture licensing, under the relevant legislation, a licence ceases to have effect or is revoked if it is not used for a period of two years. However, a licence holder may make an application not to have the licence revoked, outlining exceptional circumstances. Five such applications have been made; 3 are pending and 2 were refused in 2007.