(1)

In accordance with Articles 14(1) and 15(2) of Regulation (EC) No 1290/2005, the Commission decides on the monthly payments to reimburse to the Member States the expenditure effected by accredited paying agencies during a reference period under the European Agricultural Guarantee Fund (EAGF), and makes the necessary financial resources available to them. That decision is taken on the basis of information supplied to the Commission by the Member States pursuant to Article 8(1) of Regulation (EC) No 1290/2005 and Article 4 of Regulation (EC) No 883/2006.

(2)

Pursuant to Article 17(1) and (2) of Regulation (EC) No 1290/2005 the Commission may, without prejudice to the decisions referred to in Articles 30 and 31 of that Regulation in connection with the clearance of accounts, reduce or temporarily suspend monthly payments to the Member States where, on the basis of the declarations of expenditure or the information supplied by them, it is unable to establish that the commitment of funds is in conformity with the applicable Community rules. Before doing so, the Commission must have given the Member States concerned an opportunity to submit their comments.

(3)

The Commission must ensure compliance by the Member States with the conditions and time limits laid down in Community legislation for the payment of aid or premiums to beneficiaries as an element in the correctness of such expenditure. It is required, pursuant to Article 16 of Regulation (EC) No 1290/2005, to consider ineligible any payments made outside the deadlines laid down by Community legislation. In doing so, the Commission must reduce the amount of the monthly payments granted to the Member States and adjust the financial impact of the reduction in proportion to the delay in payment by applying the different rates provided for in Article 9(1) and (2) of Regulation (EC) No 883/2006. It nevertheless applies, pursuant to Article 9(3) of that Regulation, lower reductions or none at all if exceptional management conditions are encountered for certain measures or if justified reasons are advanced by the concerned Member States.

(4)

The Commission has noted that some of the expenditure effected up to 31 March 2011 by Belgium, Germany, Ireland, Greece, Spain, France, Italy, the Netherlands, Portugal, Romania, Slovakia, and the United Kingdom occurred after the statutory time limits.

(5)

The Commission considers that particular management problems have occurred in the case of certain measures or that valid explanations have been provided by Belgium, Germany, France, the Netherlands, and the United Kingdom and that it is therefore appropriate to apply in those cases lower or zero reductions as specified below.

(6)

The following payments made outside of the statutory time limits should be deducted from the monthly payments to be made to the Member States concerned: EUR 13 215,75 for Ireland, EUR 1 599 146,78 for Greece, EUR 1 678 840,21 for Spain, EUR 6 820 961,97 for France, EUR 1 238 597,55 for Italy, EUR 1 840 302,79 for Portugal, EUR 82 816,73 for Romania, EUR 346 334,22 for Slovakia and EUR 156 316,53 for the United Kingdom.

(7)

The Member States concerned have been informed of the proposed reductions. They have been asked to provide information and present their own viewpoint. The reductions were calculated in the light of the information received by the Commission,