D/32294/2013-EN EUROPEAN COMMISSION Brussels, XXX […](2013) XXX draft COMMISSION IMPLEMENTING DECISION of XXX fixing a date for the deduction of certain expenditure incurred by Romania under the European Agricultural Rural Development Fund (EAFRD) which has been excluded from EU financing (only the Romanian text is authentic) EN EN COMMISSION IMPLEMENTING DECISION of XXX fixing a date for the deduction of certain expenditure incurred by Romania under the European Agricultural Rural Development Fund (EAFRD) which has been excluded from EU financing (only the Romanian text is authentic) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy1, Having regard to Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD2, and in particular Article 11(4), thereof, Having consulted the Committee on the Agricultural Funds, Whereas: (1) Following several enquiries with regard to agriculture and rural development expenditure in Romania, the Commission decided by Decision XXX of XX February 2013 in respect of Romania, to exclude a sum of EUR 15.460.410,22 from EU financing (EUR 12.500.817,98 with regard to the modernisation of the agricultural holdings and EUR 2.959.592,24 with regard to natural handicaps and agrienvironment measures). This sum is therefore charged to the Member State concerned. (2) Pursuant to Article 11(4) of Regulation (EC) No 885/2006, sums excluded from EU financing are deducted from the monthly payments relating to the expenditure effected in the second month following the Decision with respect to the EAGF and from the payment for which the declaration of expenditure is submitted by the Member State after the decision is adopted with respect to the EAFRD. However, the Article 11(4)(a) also stipulates that the Member State concerned may request the Commission to decide on a different date for the deductions or authorising the reimbursement in one or more instalments in view of the importance of the sum excluded. 1 OJ L 209, 11.8.2005, p. 1. OJ L 171, 23.6.2006, p. 90. 2 EN 2 EN (3) By letter of 19 December 2012, the Romanian authorities requested the Commission to decide that the sum excluded from EU financing would be charged to it in three equal yearly instalments. (4) The Commission has noted the relative magnitude of the sum to be charged to Romania notably when considered against its GDP and also takes into account the difficult financial situation with which that Member State is confronted. (5) Under these circumstances, the Commission accepts the request of Romania to charge EUR 15.460.410,22 to Romania in three equal yearly instalments beginning from the quaterly payment for the expenditures effected by Romania in the first quarter of 2013. HAS ADOPTED THIS DECISION: Article 1 1. The sum of EUR 15.460.410,22 charged to Romania by means of Commission Decision XXX shall be deducted in three equal yearly instalments from the quarterly payments in respect of the EAFRD. 2. The first instalment shall be deducted from the quarterly payment relating to the expenditure effected by Romania in the first quarter of 2013. Article 2 For the deductions provided for in Article 1 in respect of EAFRD expenditure, recovery orders will be issued on the budget line "6711 Clearance of accounts EAFRD – assigned revenue". Article 3 This Decision is addressed to Romania, Done at Brussels, For the Commission Dacian Cioloş Member of the Commission EN 3 EN