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4.—(1) An eligible producer for the purposes of Article 3 is a person who in August 2008 was engaged in the production of potato, vegetable or cereal crops and who—
(a)had an area of his crop damaged beyond economic recovery by the flooding which occurred in that month and as a direct result suffered an economic loss of at least £500 in aggregate for all those crops;
(b)reported this loss to the Department; and
(c)had his loss verified by an inspection and report by an officer of the Department.
(2) For the purposes of paragraph (1) (a) a person’s economic loss in relation to each eligible crop shall be X where—
(a)X = A x B;
(b)A is the area in hectares of that crop that was damaged as described in paragraph(1); and
(c)B is the crop establishment cost per hectare for that area.
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