2002/871/EC: Commission Decision of 17 October 2002 establishing a joint framework for the communication of information needed for the application of Council Regulation (EC) No 1407/2002 on State aid to the coal industry (notified under document number C(2002) 3783)
Date: 2002-10-17
Institutions: European Commission
Subjects: State aid, coal industry, exchange of information, form, industrial restructuring, investment, production

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COMMISSION

COMMISSION DECISION

of 17 October 2002

establishing a joint framework for the communication of information needed for the application
of Council Regulation (EC) No 1407/2002 on State aid to the coal industry

(notified under document number C(2002) 3783)

(2002/871/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1407/2002 of 23
July 2002 on State aid to the coal industry (1), and in particular
Article 12 thereof,

Whereas:

Article 1

This Decision applies to the submission by the Member States
of closure plans and/or plans for accessing coal reserves and
any changes to those plans, and to the notification of the finan-
cial measures which the Member States intend to take for the
benefit of the coal industry in a coal production year.

(1)

(2)

(3)

(4)

In accordance with Regulation (EC) No 1407/2002, the
Commission appraises the measures notified by the
Member States relating to aid to the coal industry and
decides on their conformity.

to the coal

To this end, Member States are required to notify the
the financial support which they
Commission of all
intend to grant
industry during a coal
production year. They must specify the nature of the
support with reference to the forms of aid provided for
in Regulation (EC) No 1407/2002. They must submit to
the Commission all details relevant to the calculation of
the production costs and their relationship to the plans
notified to the Commission, particularly closure plans
and/or plans for accessing coal reserves.

In order to be able to evaluate compliance with the
conditions and criteria laid down for the granting of aid,
the Commission needs to have at its disposal detailed,
comparable and verifiable information. Accordingly, a
joint
framework for the notification by the Member
States of closure plans and/or plans for accessing coal
reserves and for the notification of aid to the coal
industry needs to be established.

reference should be made,

For the provision of information for the reference year
2001,
to
Commission Decision No 3632/93/ECSC (2) of 28
December 1993,

that year,

for

Article 2

For the purposes of this Decision,
‘production unit’ means
underground or opencast coal workings and related infrastruc-
independently of other
tures capable of producing raw coal
production units while complying the legislation of
the
Member State on safety and health in the extractive industries.

The ‘production cost’ and the ‘current production losses’, as
defined in Article 2(e) and (f) of Regulation (EC) No 1407/
2002, shall be calculable for each production unit.

Article 3

To enable the Commission to evaluate compliance with the
conditions and criteria laid down in Article 4 and Article 5(3)
of Regulation (EC) No 1407/2002, Member States
shall
communicate the information referred to in Article 9(4) and
Article 9(6)(b),
(e) and (f) of that Regulation, using the
following forms:

(c),

(a) forms A.1 and B.1 in Annex I to this Decision for under-

ground production units;

(1) OJ L 205, 2.8.2002, p. 1.
(2) OJ L 329, 31.12.1993, p. 12.

(b) forms A.2 and B.2 in Annex II to this Decision for opencast

production units.

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Article 4

Article 6

To enable the Commission to evaluate compliance with the
conditions and criteria laid down in Article 5(2) of Regulation
(EC) No 1407/2002, Member States shall communicate the
information referred to in Article 9(5) of that Regulation, using
the following forms:

(a) form A.1 in Annex I and form D in Annex III to this Deci-

sion for underground production units;

(b) form A.2 in Annex II and form D in Annex III to this Deci-

sion for opencast production units.

Article 5

To enable the Commission to appraise the financial measures
for the benefit of the coal industry during the following coal
production year, Member States shall communicate the infor-
mation referred to in Article 9(10) of Regulation (EC) No
1407/2002, using the following forms:

(a) forms B.1 and C.1 in Annex I to this Decision for under-

ground production units;

(b) forms B.2 and C.2 in Annex II to this Decision for opencast

production units.

The following shall be notified in free format:

(a) information relating to costs intended to be covered by aid
referred to in Article 7 of Regulation (EC) No 1407/2002,
in accordance with the categories of costs defined in the
Annex to that Regulation;

(b) the information referred to in Article 9(2), Article 9(6)(a),

(d) and (g) and Article 9(7) of that Regulation.

Article 7

The documents obtained or compiled by the national authori-
ties in implementing this Decision shall be centralised in the
national departments and kept at the disposal of the Commis-
sion.

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 17 October 2002.

For the Commission

Loyola DE PALACIO

Vice-President

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ANNEX I

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ANNEX II

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ANNEX III

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