5Article 40 of Regulation No 1782/2003, entitled ‘Hardship cases’ provided:1. By way of derogation from Article 37, a farmer whose production was adversely affected during the reference period by a case of force majeure or exceptional circumstances occurring before or during that reference period shall be entitled to request that the reference amount be calculated on the basis of the calendar year or years in the reference period not affected by the case of force majeure or exceptional circumstances.2. If the whole reference period was affected by the case of force majeure or exceptional circumstances, the Member State shall calculate the reference amount on the basis of the 1997 to 1999 period.…3. A case of force majeure or exceptional circumstances, with relevant evidence to the satisfaction of the competent authority, shall be notified by the farmer concerned in writing to the authority within a deadline to be fixed by each Member State.4.Force majeure or exceptional circumstances shall be recognised by the competent authority in cases such as, for example:(a) the death of the farmer;(b) a long-term professional incapacity of the farmer;(c) a severe natural disaster gravely affecting the holding’s agricultural land;(d) the accidental destruction of livestock buildings on the holding;(e) an epizootic affecting part or all of the farmer’s livestock.5. Paragraphs 1, 2 and 3 of this Article shall apply, mutatis mutandis, to farmers who, during the reference period, were under agri-environmental commitments according to Regulations (EEC) No 2078/92 [of the Council of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (OJ 1992 L 215, p. 85)] and (EC) No 1257/1999 [of the Council of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ 1999 L 160, p. 80), as amended by Council Regulation (EC) No 2223/2004 of 22 December 2004 (OJ 2004 L 379, p. 1, ‘Regulation No 1257/1999’)] to hop farmers who, during the same period, were under a grubbing-up commitment in accordance with [Council] Regulation (EC) No 1098/98 [of 25 May 1998 introducing special temporary measures for hops (OJ 1998 L 157, p.7)], as well as to tobacco farmers who have participated in the quota buy-back programme in accordance with [Council] Regulation (EEC) No 2075/92 [of 30 June 1992 on the common organisation of the market in raw tobacco (OJ 1992 L 215, p.70)].In the case where the measures referred to in the first subparagraph covered both the reference period and the period referred to in paragraph 2, Member States shall establish, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, a reference amount in accordance with the detailed rules to be laid down by the Commission in accordance with the procedure referred to in Article 144(2).’
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