13.11.98 Official Journal of the European Communities L 303/57 COMMISSION DECISION of 3 June 1998 on the granting by Spain of aid to the coal industry in 1998 (notified under document number C(1998) 2045) (Only the Spanish text is authentic) (Text with EEA relevance) (98/637/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 ('), and in particular Article 2(1), and Articles 8 and 9 thereof, Whereas: By Decision 94/1072/ECSC (*) the Commission gave an opinion as to the conformity of the 1994-1997 phase of the modernisation, rationalisation, restructuring and activity-reduction plan for the coal industry notified by Spain with the general and specific objectives of Decision No 3632/93/ECSC. By letter of 15 October 1997, Spain notified the Commis- sion of the second phase (1998-2002) of the modernisa- tion, rationalisation, restructuring and activity-reduction plan for the coal industry. By letters of 17 December 1997, 20 February 1998 and 31 March 1998 Spain provided additional information, in response to the requests contained in the Commission’s letters of 14 November and 22 December 1997. By letter of 31 March 1998, pursuant to Article 9(1) of Decision No 3632/93/ECSC, Spain notified the Commis- sion of the financial measures it intended to take in respect of the coal industry in 1998. Under Decision No 3632/93/ECSC, the Commission must: (a) give an opinion as to the conformity of the 1998-2002 phase of the modernisation, rationalisation, restruc- turing and activity-reduction plan for the Spanish coal () OJ L 329, 30. 12. 1993, p. 12. OJ L 385, 31. 12. 1994, p. 31. industry with the general and specific objectives of the Decision; (b) rule on the following financial measures relating to 1998: — aid of ESP 126 855 million to cover operating losses by coal undertakings, — aid of ESP 54 967 million 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 ESP 11 995 million 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. The financial measures proposed by Spain for the coal industry fall within the provisions of Article 1 of Decision No 3632/93/ECSC and must be approved by the Commission, in accordance with Article 9, on the basis, in particular, of the general criteria and objectives laid down in Article 2 and the specific criteria established by Articles 3 and 4 of that Decision. In accordance with Article 9(6) of the Decision, the Commission must assess whether the measures are in conformity with the plans notified. II The measures taken to implement the 1994-1997 phase of Spain’s modernisation, rationalisation, restructuring and activity-reduction plan deviated from the plans noti- fied to and approved by the Commission. In its evaluation of this phase of the plan the Commis- sion found that the undertakings or production units granted operating aid under Article 3 had made limited progress towards improving their economic viability, rela- tive to coal prices on international markets. Broadly speaking, those undertakings had not made all the efforts