L 5226 22.2.2001 Official Journal of the European Communities II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 31 October 2000 amending Decision 97/21/ECSC, EC on State aid 1mp1emented in favour of Compaiifa Espaiiola de Tubos por Extrusién SA, located in Llodio, Alava (notified under document number C(2000) 3268) (Only the Spanish text is authentic) (Text with EEA relevance) (2001/142/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and, in particular Article 4(c) thereof, Having regard to the Treaty establishing the European Communities and, in particular, the first paragraph of Article 88(2) thereof, Having regard to Commission Decision 2496/96/ECSC of 18 December 1996 establishing Community rules for State aid to the steel industry and, in particular Article 6(5) thereof (%), Having called on interested parties to submit their comments pursuant to the provisions cited above (%), between these companies and the Social Security Fund, among other measures, constituted compatible State aid within the meaning of the former Article 92(1) of the EC Treaty and Article 1 of Decision 3855/91/ECSC. By its Decision 97/21/ECSC, EC the Commission came to the conclusion that the these measures, itemised below, were not consistent with prevailing market conditions in so far as the rate of interest were below market rates. Accordingly, the Decision stated that these measures were incompatible with the common market: (@) the 10 July 1992 loan agreement between the Whereas: wage guarantee fund (Fogasa), Tubacex and Acerfa de Alava covering ESP 444 327 300 in principal, as amended by agreements of 8 February I. Background 1993 and 16 February 1994 (covering in principal ESP 376 194 872 and ESP 372 000 000 respectively); A. Commission Decision 97/21/ECSC, EC (3) (1) By its decision to open the procedure provided for (b) the 10° March 1994 loan agreement between pursuant to the former Article 93(2) of the EC Treaty and Article 6(4) of Commission Decision 3855/91/ ECSC (% regarding certain measures granted in favour of Compaiifa Espafiola de Tubos por Extrusién SA (herein- after ‘Tubacex’) and its steel-making subsidiary, Aceria de Alava (), the Commission expressed its doubts whether the repayment agreements between these companies and the wages fund Fogasa and the rescheduling agreement 338, 28.12.1996, p. 42. 110, 15.4.2000, p. 12. 8, 11.1.1997, p. 14. 362, 31.12.1991, p. 57. 282, 26.10.1995, p. 3. L[LrLee A EAT Fogasa, Tubacex and Acerfa de Alava covering ESP 465727 750 in principal, as amended by the agreement of 3 October 1994 covering ESP 469 491 521 in principal; (c) the agreement of 25 March 1994 between the Social Security Treasury and Acerfa de Alava to reschedule debts amounting to ESP 274 409 604; (d) the agreement of 12 April 1994 between the Social Security Treasury and Tubacex to reschedule debts amounting to ESP 1409 957 329.