26.3.2002 Official Journal of the European Communities L 82/11 COMMISSION COMMISSION DECISION of 11 December 2001 on the granting by Spain of aid to the coal industry in 2001 (notified under document number C(2001) 3975) (Only the Spanish text is authentic) (Text with EEA relevance) (2002/241[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 Article 9 thereof, Whereas: 4) By letters of 21 November 2000 and 19 March 2001, a further letter of 21 March 2001 and a fax dated 20 September 2001, Spain notified the Commission, pursuant to Article 9(1) of Decision No 3632/93/ECSC, of the financial support it intended to grant to the coal industry in 2001. Following Commission requests in letters dated 23 November 2000, 24 April and 17 July 2001, Spain sent additional information in letters dated 29 June and 14 August 2001. On 30 March 2001, the Commission sent Spain a letter before a letter of formal notice requesting information about the situation as regards the installations of the former undertaking Minas de Lieres SA and its operating results from 1994 to 2000. Spain replied by letters of 14 May and 14 August 2001. The Commission requested further information on 13 September 2001. Spain also notified the Commission, by letter of 6 October 2000, of the production costs per undertaking for 1999. In a second letter dated 19 March 2001, Spain notified the Commission, pursuant to Article 9(2) of Decision No () O] L 329, 30.12.1993, p. 12. () 3632/93/ECSC, of the amount of aid actually paid during the 2000 coal production year. Pursuant to Decision No 3632/93/ECSC, the Commis- sion must rule on the following financial measures relating to 2001: (a) aid of ESP 111 310 million (EUR 668 986 573,39) to cover operating losses by coal undertakings; (b) aid of ESP 59 507 million (EUR 357 644 272,96) 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; (c) aid of ESP 19 664 million (EUR 118 183 020,21) to cover the technical costs of closing down mining installations as a result of the measures to moder- nise, 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. The Commission must therefore take a decision on such measures in accord- ance with Article 9(4) of the Decision. The Commis- sion'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.