General principles of administrative penalties
Article 8
1. The administrative penalty provided for in Article 84(1) of Regulation (EU) 2021/2116 shall only be imposed if a non-compliance is found within 3 consecutive calendar years calculated from and including the year where the non-compliance occurred. 2. Where the same non-compliance is occurring continuously throughout several calendar years, an administrative penalty shall be applied for each calendar year in which the non-compliance occurred. The administrative penalties shall be calculated on the basis of the payments granted or to be granted to the beneficiary concerned in respect of aid applications or payments claims that have been submitted or will be submitted in the course of the calendar years in which the non-compliance occurred. 3. Where in the calendar year of the finding the beneficiary does not submit an aid application or the administrative penalty exceeds the total amount of the payments granted or to be granted to the beneficiary in respect of aid applications that the beneficiary has submitted or will submit in the course of the calendar year of the finding, the administrative penalty shall be recovered in accordance with Article 30 of Commission Implementing Regulation (EU) 2022/128 ( 10 ) .