2002/826/ECSC: Commission decision of 2 July 2002 on financial measures by Spain in respect of the coal industry in 2001 and in the period 1 January 2002 to 23 July 2002 (Text with EEA relevance.) (notified under document number C(2002) 2438)
Date: 2002-07-02
Institutions: European Commission
Subjects: Spain, State aid, cessation of trading, coal industry, control of State aid, industrial restructuring, severance pay

30.10.2002

EN

Official Journal of the European Communities

L 296/73

COMMISSION DECISION

of 2 July 2002

on financial measures by Spain in respect of the coal industry in 2001 and in the period 1 January
2002 to 23 July 2002

(notified under document number C(2002) 2438)

(Only the Spanish text is authentic)

(Text with EEA relevance)

(2002/826/ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal
and Steel Community,

Having regard to Commission Decision No 3632/93/ECSC of
28 December 1993 establishing Community rules for State aid
to the coal industry (1), and in particular Article 9(4) thereof,

Whereas:

I

(1)

(2)

(3)

By letter of 7 November 2001, Spain notified the
Commission, pursuant
to Article 9(1) of Decision
No 3632/93/ECSC, of the financial measures which it
intended to take in respect of the coal industry in 2002.

Decision No 3632/93/ECSC expires on 23 July 2002;
the Commission may therefore authorise, under that
Decision, only aid to the coal
industry for a period
extending not beyond that date. By letter of 10 December
2001, the Commission therefore requested the Spanish
authorities to indicate the amounts of aid of each type
for the period 1 January 2002 to 23 July 2002.

By letters of 13 May 2002 and 10 June 2002, Spain sent
the Commission the information requested. The Spanish
authorities calculated the amounts of aid for the period
1 January 2002 to 23 July 2002 on the basis of a
theoretical model taking account of the number of days
of production during the abovementioned period in
relation to the number of days of production in the
whole of 2002.

(4)

(5)

(6)

(7)

By letter of 15 May 2002, the Commission requested
information from Spain on repayment by the undertak-
ing Minas de la Camocha SA of part of the aid not
authorised by the Commission by Decision 98/635/
ECSC (2). Spain replied to the Commission by two letters
of 28 May 2002.

Spain also notified the Commission, by letter of 25 Sep-
tember 2001, of the production costs per undertaking
for 2000.

In a further letter of 13 May 2002, Spain notified
the Commission, pursuant to Article 9(2) of Decision
No 3632/93/ECSC, of the amount of aid actually paid
during the 2001 coal production year.

the Com-
Pursuant to Decision No 3632/93/ECSC,
mission must take a decision on the following financial
measures relating to the period 1 January 2002 to
23 July 2002:

(a)

aid of EUR 374 631 976 to cover operating losses
by coal undertakings;

(b)

(c)

aid of EUR 268 196 000 to cover exceptional
welfare aid paid to workers who lose their jobs as
a result of the measures to modernise, rationalise,
restructure and reduce the activity of the coal
industry;

aid of EUR 8 950 000 to cover the technical costs
of closing down mining installations as a result of
the measures to modernise, rationalise, restructure
and reduce the activity of the coal industry.

( 1) OJ L 329, 30.12.1993, p. 12.

(2) OJ L 303, 13.11.1998, p. 47.

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(8)

(9)

The Commission must also take a decision on aid of
EUR 1 724 904,74 (ESP 287 million) which Spain plans
to grant to Minas de la Camocha SA for 2001 and which
was not authorised by the Commission in Decision
2002/241/ECSC (3).

measures notified for the period 1 January 2002 to
23 July 2002 and has found that, except for the analysis
which has to be made of the measure referred to in
recital 11,
they correspond to the plans which it
declared, by Decision 98/637/ECSC, to be in conformity
with Decision No 3632/93/ECSC.

The financial measures proposed by Spain for the coal
industry fall within the provisions of Article 1 of
Decision No 3632/93/ECSC. The Commission must
therefore take a decision on such measures in accordance
with Article 9(4) of the Decision. The Commission’s
assessment will depend on the compliance of
the
measures with the general criteria and objectives laid
down in Article 2 and the specific criteria established by
Articles 3 and 4 of the Decision, and on their compati-
bility with the proper functioning of the common
market. Additionally, in accordance with Article 9(6) of
the Decision,
the Commission when conducting its
assessment must check whether the measures conform
with the modernisation, rationalisation, restructuring
and activity-reduction plan which the Commission
approved in its Decision 98/637/ECSC (4).

(13) Coal

in

Spain

production

totalled
13 821 227 tonnes (8 720 603 tonnes coal equivalent
or tce), 20,60 % lower than in 1997. The production
forecast for 2002 is 12 955 508 tonnes (8 174 371 tce),
i.e. 6,62 % lower than in 2001.

2001

in

(14) The number of workers in the undertakings fell from
22 840 at the end of 1997 to 14 159 at the end of
2001. A net reduction of 1 000 workers is forecast for
2002.

II

(15)

(10) By Decision 98/637/ECSC, the Commission recognised
the conformity of the 1998 to 2002 phase of the plan
notified by Spain for modernisation, rationalisation,
restructuring and activity-reduction in the coal industry
with the general and specific objectives of Decision
No 3632/93/ECSC.

Installations with a total production capacity of 4 million
tonnes per year closed down or reduced their activity
during the 1998 to 2002 phase of Spain’s modernis-
ation,
activity-
reduction plan.

rationalisation,

restructuring

and

(11)

of

for

aid

EUR

authorised by

In Decision 2002/241/ECSC, the Commission withheld
authorisation
1 724 904,74
(ESP 287 million) for Minas de la Camocha SA for 2001,
due to the failure to repay a sum equivalent to the
amount not
the Commission in
Decision 98/635/ECSC plus interest at the market rate.
By letter of 28 May 2002, Spain notified the Commission
that Minas de la Camocha SA had not repaid the aid of
EUR 1 724 904,74 not authorised by Decision 98/635/
ECSC and that Spain had paid the undertaking an
advance equivalent to the amount not authorised by the
Commission for 2001.

(12) The Commission has analysed the measures taken to
modernise, rationalise, restructure and reduce activity in
other Spanish coal undertakings during 2001 and the

( 3) OJ L 82, 26.3.2002, p. 11.
( 4) OJ L 303, 13.11.1998, p. 57.

(16) These reductions, which are larger than those initially
envisaged, are due to the inclusion in activity-reduction
plans, in conformity with Article 4 of Decision No 3632/
93/ECSC, of undertakings which were unable to meet
the conditions which would entitle them to operating
aid under Article 3 of the Decision.

(17) By letter of 25 September 2001, Spain notified the
Commission of the undertakings’ production costs in
2000. The Commission’s analysis of the trend in the
production costs of the undertakings or production
units in receipt of operating aid in 2000 (Article 3 of
Decision No 3632/93/ECSC) revealed a mean reduction
from
in the cost of production, at 1992 prices,
ECU 92,62/tce in 1994 to EUR 72,30/tce in 2000. This
mean reduction of 21,94 % between 1994 and 2000
breaks down into a reduction of more than 30 % for
27,60 % of production, between 20 % and 30 % for
28,30 % of production, between 10 % and 20 % for
22,80 % of production and between 0 % and 10 % for
21,30 % of production.

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(18) The production units in the María Group of Minero
Siderúrgica de Ponferrada SA, the Escandal Group of
Coto Minero del Sil SA, the Tres Amigos and Samuño
pits and the opencast mines of Hunosa closed down in
2001. The undertakings Antracitas de Gillón SA, Coto
Minero Jove SA (Jovesa), Industrial y Comercial Minera
SA (Incomisa), Minas de la Camocha SA, González y
Díez SA, Hulleras del Norte SA, Minas de Escucha SA,
Promotora de Minas de Carbón SA, Mina Escobal SL,
Minas de Valdeloso SL and Virgilio Rieso SA plus the
underground production units of Endesa and Encasur
are included in closure/activity-reduction plans which
provide for the closure, by 2005 at
the latest, of
production capacity of 1 660 000 tonnes per year. The
Commission has checked that the conditions laid down
in Article 3(2) of Decision No 3632/93/ECSC cannot be
achieved by these undertakings or production units,
which do, however, qualify for activity-reduction aid in
accordance with Article 4 of the Decision. Following
expiry of the Treaty, Spain will meet the undertakings to
close production units, given when Decision No 3632/
93/ECSC was in force.

the period from 1 January 2002 to 23 July 2002 are
deemed to be in line with the general objectives of
the modernisation, rationalisation, restructuring and
activity-reduction plans approved by the Commission in
Decision 98/637/ECSC.

III

(22) The aid of EUR 374 631 976 which Spain plans to grant
the coal
industry for the period 1 January 2002 to
23 July 2002 is intended to compensate in full or in part
for operating losses sustained by coal undertakings.

(23)

It
is intended to cover the difference between the
production costs and the selling price freely agreed
between the contracting parties in the light of the
conditions prevailing on the world market.

(19) The aid notified by Spain to cover operating losses for
the period 1 January 2002 to 23 July 2002 provides for
a reduction in production aid, compared with the same
period in 2001, of 4 % at current currency values, in line
with the objective of degression of aid. The aid under
Articles 3 and 4 of Decision No 3632/93/ECSC is
intended to cover all or part of the difference between
the production costs and the selling price freely agreed
between the contracting parties in the light of the
conditions prevailing on the world market.

(20)

In accordance with Article 2(2) of Decision No 3632/
93/ECSC, all the aid which Spain plans to grant to the
coal industry for the period 1 January 2002 to 23 July
2002 has been entered in national, regional or local
public budgets. Part of this aid to Hunosa could be
channelled via SEPI (Sociedad Estatal de Participaciones
Industriales), a public group of which Hunosa is part.

(21)

In view of the above, the Commission must examine
whether the failure by Minas de la Camocha SA to
comply with the conditions laid down in Decisions 98/
635/ECSC and 2002/241/ECSC implies that the Com-
mission cannot authorise the aid not authorised in
Decision 2002/241/ECSC or the aid to this undertaking
notified by Spain for the period 1 January 2002 to
23 July 2002. The other measures notified by Spain for

(24) The

sum notified subdivides

into operating aid
of EUR 162 840 571 under Article 3 of Decision
No 3632/93/ECSC and activity-reduction aid of
EUR 211 791 406 under Article 4 of the same Decision.

(25) The operating aid of EUR 162 840 571 is intended to
cover the operating losses of 37 undertakings with a
combined forecast production of 6 004 365 tonnes in
the period 1 January 2002 to 23 July 2002.

(26) The Commission notes, after verifying the production
costs of the undertakings receiving operating aid, that
the downward trend of production costs at 1992 prices
observed in the period 1994 to 2000 will continue in
2002. A reduction of 3,40 % is forecast for 2002,
compared with 2001.

(27) The mean production cost in 2000, at 1992 prices, of the
undertakings receiving aid under Article 3 of Decision
to
No 3632/93/ECSC is EUR 72,30/tce, equivalent
EUR 102,50 at current prices. This production cost, at
1992 prices, breaks down as follows:

— 25,70 % of production at costs below EUR 60/tce,

— 29,60 % of production at costs between EUR 60

and 79/tce,

— 43,10 % of production at costs between EUR 80

and 99/tce,

— 1,60 % of production at costs between EUR 100

and 119/tce.

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(28) The mean selling price to thermal power stations of
the 6 004 365 tonnes (3 757 853 tce) of production
forecast in the period 1 January 2002 to 23 July 2002
by the undertakings receiving operating aid (Article 3 of
Decision No 3632/93/ECSC) is EUR 58/tce. Given that
the forecast mean production cost in 2002 is EUR 99,21/
tce, the Commission notes that the aid notified corre-
sponds to the difference between the cost of production
and the selling price freely agreed between the con-
tracting parties in the light of the conditions prevailing
on the world market.

(29) The aid of EUR 211 791 406 to reduce activity is
intended to cover the operating losses of the following
undertakings which have been included in closure and/
or activity-reduction plans in conformity with Article 4
of Decision No 3632/93/ECSC:

— Hunosa (EUR 186 609 403),

— Minas de la Camocha SA (EUR 9 561 097),

— the

underground

workings

of

Endesa

(EUR 2 397 850),

— the

underground

workings

of

Encasur

(EUR 1 175 001),

— Antracitas de Guillón (EUR 2 307 971),

— Coto Minero Jove SA (EUR 2 385 577),

— Industrial y Comercial Minera SA (Incomisa)

(EUR 516 506),

— Mina Escobal SL (EUR 177 154),

— Minas de Escucha SA (EUR 1 034 911),

— Minas de Valdeloso SL (EUR 339 383),

— Promotora

de Minas

de

Carbón

SA

(EUR 1 001 670), and

— Virgilio Riesco SA (EUR 658 577).

The total annual production capacity of these production
units is 1 553 015 tonnes.

(30)

(EUR

128 024 167)

of
Part
EUR 186 609 403 to Hunosa will be granted via SEPI.
However, following the consolidation of the balance

the

aid

of

sheets of the undertakings which form part of SEPI,
Hunosa could be compensated by that group through
any tax credit it might receive as a result of lower
company tax. In such a case, the aid authorised for
Hunosa for the period 1 January 2002 to 23 July 2002
under this Decision will be reduced by any compensation
Hunosa may receive as a tax credit on company tax
following the consolidation of the balance sheets of the
undertakings which are part of SEPI.

the

Commission

authorisation

(31) By letter of 14 August 2001, Spain informed the
Commission that Minas de la Camocha SA had not
repaid ESP 226 million out of
total of
ESP 665 million which had not been authorised by the
Commission for that undertaking in Decision 98/635/
ECSC but had been paid in anticipation of authorisation
from the Commission. In its letter dated 14 August
2001, Spain informed the Commission that it was still
taking action to obtain repayment of the aid. On the
basis of this information, in Decision 2002/241/ECSC
the
for
withheld
EUR 1 724 904,74 (ESP 287 million) of the aid notified
by Spain for 2001, equivalent
to the amount not
repaid by Minas de la Camocha SA. This sum of
EUR 1 724 904,74 (ESP 287 million) represents the
original amount to be repaid (ESP 226 million), plus
interest at the market rate from 1996 to 2001. By letter
of 15 May 2002, the Commission requested Spain for
sum of
information about
EUR 1 724 904,74. By letter of 28 May 2002, Spain
replied that Minas de la Camocha SA had not repaid it
and that Spain had decided to reduce the aid intended
for this undertaking in 2002, to bring the aid into
line with actual production. Spain also notified the
Commission that Minas de la Camocha SA had initiated
proceedings before the competent courts in Spain
against the decision by the Spanish authorities to reduce
the aid granted to it in 2002. By letter of 28 May 2002,
Spain notified the Commission that it had paid a cash
advance of EUR 1 724 904,74 (ESP 287 million) for
2001 which had not been authorised by the Commission
in Decision 2002/241/ECSC.

repayment of

this

(32) Minas de la Camocha SA has failed to comply with
Decision 98/635/ECSC. The Commission has repeatedly
asked Spain to submit its comments. The reason given
by Spain for its plans to reduce the aid for 2002 is the
need to bring the aid into line with actual production at
the mine. The Commission considers that this adjust-
ment by no means exempts Minas de la Camocha SA
from its obligation to repay the unauthorised aid. The
Commission
of
EUR 1 724 904,74 for Minas de la Camocha SA in

authorise

cannot

the

aid

30.10.2002

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L 296/77

the

for which

2002/241/ECSC,

it withheld
nor

authorisation in
2001,
Decision
of
EUR 9 561 097 which Spain plans to grant to the
undertaking for the period 1 January 2002 to 23 July
2002. Spain must adopt all the measures necessary in
order to recover from Minas de la Camocha SA the
EUR 1 724 904,74 (ESP 287 million) not authorised by
the Commission by Decision 98/635/ECSC.

aid

(33) The mean selling price to thermal power stations of the
1 553 015 tonnes (997 923 tce) of production forecast
in the period 1 January 2002 to 23 July 2002 by
undertakings in receipt of aid to reduce activity pursuant
to Article 4 of Decision No 3632/93/ECSC is EUR 54/
tce. Given that the forecast mean cost of this production
in 2002 is EUR 265,46/tce, the Commission notes that
the aid notified corresponds to the difference between
the cost of production and the selling price freely agreed
between the contracting parties in the light of
the
conditions prevailing on the world market.

(34) The aid to cover the operating losses sustained by coal
undertakings has been entered in the general State
budget for 2002. It is 4 % lower than the aid authorised
by the Commission for the equivalent period of 2001.
Spain notified the Commission of Resolution 9567 of
11 April 2002 containing the agreement by the Spanish
Council of Ministers on the company-by-company allo-
cation of this aid. This Resolution has been published in
Spain’s Boletín Oficial del Estado (5).

(35) The inclusion of this measure in the modernisation,
rationalisation, restructuring and activity-reduction plan
notified by Spain, and the reduction in the aid and
quantities envisaged for 2002, are in line with the
objectives of the first and second indents of Article 2(1)
of Decision No 3632/93/ECSC, and in particular the
objective of solving the social and regional problems
created by developments in the coal industry.

(36)

Except
for aid to Minas de la Camocha SA of
EUR 1 724 904,74 for 2001 and of EUR 9 561 097 for
the period 1 January 2002 to 23 July 2002, on the basis
of the information provided by Spain the aid proposed

( 5) BOE No 118, 17.5.2002, p. 17878.

for the period 1 January 2002 to 23 July 2002 is
compatible with Articles 3 and 4 of Decision No 3632/
93/ECSC and with the proper functioning of the com-
mon market.

IV

(37) The aid of EUR 268 196 000 which Spain proposes to
grant is intended to cover, with the exception of the
costs for the payment of social welfare benefits borne by
the State as a special contribution pursuant to Article 56
of the Treaty, compensation paid to workers in Spanish
coal undertakings who have lost their jobs or have
had or will have to take early retirement under the
modernisation,
and
rationalisation,
activity-reduction plan for the Spanish coal industry.

restructuring

(38)

Part of this aid, totalling EUR 190 666 000, will be
granted to Hunosa to cover the cost of the 475 workers
who will take early retirement in the period 1 January
2002 to 23 July 2002. This amount corresponds to
payment of an insurance premium to cover the cost of
early retirement until
the recipients reach statutory
retirement age. Part of the aid will be granted to Hunosa
via SEPI.

(39) The remaining EUR 77 530 000 is intended to cover
compensation for some 7 000 workers from other
undertakings in early retirement by 23 July 2002 as a
result of the modernisation, rationalisation, restructuring
and activity-reduction measures for the Spanish coal
industry.

(40) This aid, designed to cover exceptional costs arising
from modernisation, rationalisation, restructuring and
activity-reduction measures in the Spanish coal industry,
has been entered in the general State budgets for 2002.

(41) These financial measures relate to action made necessary
by the modernisation, rationalisation and restructuring
of the Spanish coal industry and cannot therefore be
considered to be related to current production (inherited
liabilities).

(42)

Pursuant to Article 5 of Decision No 3632/93/ECSC, the
aid mentioned explicitly in the Annex to the Decision,
namely the cost of paying social-welfare benefits
resulting from the pensioning-off of workers before they
reach statutory retirement age and other exceptional

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expenditure on workers who lose their jobs as a result
of restructuring and rationalisation, may be considered
compatible with the common market provided that the
amount paid does not exceed the costs.

VI

(43)

In view of the above and on the basis of the information
provided by Spain, the Commission considers that this
aid is compatible with Article 5 of Decision No 3632/93/
ECSC and with the proper functioning of the common
market.

(49) The aid granted by Spain to the coal industry is restricted
to coal production destined to be used for electricity
production. Spain undertakes to ensure that coal sold to
the industrial and domestic sectors is sold at prices
(without compensation) that cover the costs of pro-
duction.

V

(50)

Spain must ensure that the aid granted to current
production under this Decision does not give rise to
any discrimination between coal producers, between
purchasers or between users on the Community coal
market.

(44) The aid of EUR 8 950 000 which Spain proposes to
grant to Hunosa is intended to cover exceptional costs
that have arisen from the progressive closures connected
with the restructuring of the Spanish coal industry. This
aid is granted via SEPI.

(45) These financial measures relate to action made necessary
by the modernisation, rationalisation and restructuring
of the Spanish coal industry and cannot therefore be
considered to be related to current production (inherited
liabilities).

(46)

Pursuant to Article 5 of Decision No 3632/93/ECSC, the
aid mentioned explicitly in the Annex to the Decision,
namely exceptional intrinsic depreciation provided that
it results from the restructuring of the industry (without
taking account of any revaluation which has occurred
since 1 January 1986 and which exceeds the rate of
inflation) and other additional work and residual costs
arising from closures of installations, can be considered
compatible with the common market provided that the
amount paid does not exceed the costs.

(47)

Spain must ensure that the aid granted to Hunosa to
cover exceptional costs is in line with the categories of
costs specified in the Annex to Decision No 3632/93/
ECSC.

(48) On the basis of the information provided by Spain, this
aid is compatible with Article 5 of Decision No 3632/93/
ECSC and with the proper functioning of the common
market.

(51)

(52)

(53)

Spain must ensure that, in accordance with the third
indent of Article 3(1) of Decision No 3632/93/ECSC,
aid to cover the difference between the cost of pro-
duction and the selling price per tonne does not cause
selling prices for Community coal to be lower than those
for coal of a similar quality from non-member countries.

Spain must ensure that, within the framework of the
provisions of Article 86 of the Treaty, the aid is limited
to that which is strictly necessary in the light of the
social and regional considerations which characterise
the decline of the Community’s coal industry. The aid
may not give any economic advantage, whether directly
or indirectly, to production for which no aid is author-
ised or to other activities distinct from coal production.
In particular, Spain must ensure that aid granted to
undertakings under Article 5 of Decision No 3632/93/
ECSC to cover the technical costs of closure is not used
by the undertakings as aid for current production
(Articles 3 and 4 of the Decision) and that the closure of
capacity for which the aid is intended is definitive and
that it is carried out in optimum conditions of safety
and environmental protection.

In accordance with the second indent of Article 3(1) and
with Article 9(2) and (3) of Decision No 3632/93/ECSC
the Commission must verify that the aid authorised for
current production responds exclusively to the objectives
stated in Articles 3 and 4 of the Decision. Spain must
notify the Commission, no later than 30 September
2003, of the amount of aid actually paid for the period
1 January 2002 to 23 July 2002 and declare any
corrections made to the amounts originally notified.
When submitting this statement, Spain must also supply
all the information necessary for verification of com-
pliance with the criteria set out in the Articles in
question.

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(54)

(55)

In approving the aid, the Commission has recognised
the need to soften, as far as possible, the social and
regional impact of the restructuring of the coal industry,
given the economic and social situation in the regions
surrounding the mines affected.

In view of the above, and on the basis of the information
provided by Spain, the aid and the measures proposed
for the coal industry are compatible with the objectives
of Decision No 3632/93/ECSC and with the proper
functioning of the common market,

HAS ADOPTED THIS DECISION:

Article 1

Spain is hereby authorised to pay the following aid in respect
of the period from 1 January 2002 to 23 July 2002:

2001 and EUR 9 561 097 for the period 1 January 2002 to
23 July 2002, under Article 4 of Decision No 3632/93/ECSC.

Article 3

1.
Spain shall adopt all necessary measures to recover from
Minas de la Camocha SA the amount of EUR 1 364 267,11,
which was not authorised by the Commission in its
Decision 98/635/ECSC.

2.
Recovery shall take place without delay, in accordance
with the procedures laid down by national law, provided they
allow immediate, effective implementation of this Decision.
The aid to be recovered shall be liable to interest payable at
the market rates from the date on which it was placed at the
disposal of the recipient to the date of recovery thereof.

(a)

(b)

(c)

(d)

operating aid of EUR 162 840 571 under Article 3 of
Decision No 3632/93/ECSC;

Article 4

of

for

the

activity

reduction

EUR
aid
202 230 309 under Article 4 of Decision No 3632/93/
ECSC; this amount will be deducted from any compen-
sation that Hunosa may receive as tax credit on company
tax following the consolidation of the balance sheets of
the undertakings incorporated in SEPI;

of

aid of EUR 268 196 000 under Article 5 of Decision
No 3632/93/ECSC to cover exceptional welfare aid for
workers who lose their jobs as a result of the measures to
modernise, rationalise, restructure and reduce the activity
of the Spanish coal industry;

aid of EUR 8 950 000 under Article 5 of Decision
No 3632/93/ECSC to cover the technical costs of closing
down mining installations as a result of the measures to
modernise, rationalise, restructure and reduce the activity
of the Spanish coal industry.

Spain shall ensure that the aid authorised is used exclusively
for the purposes intended and that any unspent, overestimated
or incorrectly used aid for any item covered by this Decision
is repaid to it.

Article 5

Spain shall notify the Commission, by 30 September 2003 at
the latest, of the amount of aid actually paid in respect of the
period 1 January 2002 to 23 July 2002.

Article 6

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 2 July 2002.

Article 2

The Commission cannot authorise the State aid notified by
Spain for Minas de la Camocha SA of EUR 1 724 904,74 for

For the Commission

Loyola DE PALACIO

Vice-president