ON THE SANCTION SYSTEM OF SOCIAL CONDITIONALITY IN THE COMMON AGRICULTURAL POLICY (GAP)

In accordance with Article 89 of the horizontal Regulation, administrative penalties shall take the form of a reduction or exclusion of the total amount of payments. [...] The calculation of such reductions and exclusions shall take into account the severity, extent, duration or recurrence and intention of the non- compliance found.... [...] it is true that the same Article 89 states that the provisions of Article 85 (2), (5), (6), which refer to percentages of 3 or 10%, apply mutatis mutandis to sanctions, but it is also true that the same provisions refer to percentages applicable to breaches of environmental and animal protection. [...] Take the realities into account For example, it seems obvious that the intentional violation of Articles 3 - 4 or 5 of the Transparent and Foreseeable Working Conditions Directive (here) cannot be compared to the violation of Article 7 of the Work Equipment Directive (article that talks about ergonomics). [...] Fatality at work lead to total exclusion of payments irrespectively of the number of employees affected.