6.2.2002 Official Journal of the European Communities L 35/19 COMMISSION DECISION of 17 October 2001 authorising the United Kingdom to grant aid to two coal production units for 2000 and 2001 (notified under document number C(2001) 3081) (Only the English text is authentic) (Text with EEA relevance) (2002/82/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: By letter of 8 August 2001, the United Kingdom notified the Commission, in accordance with Article 9(1) of Decision No 3632/93/ECSC, of financial aid which it intends to grant to the ‘Longannet Mine’ production unit of Mining (Scotland) Ltd for the period from 17 April 2000 to 31 December 2000 and for 2001. Moreover, by letter of 3 September 2001, the United Kingdom notified the Commission, in accordance with Article 9(1) of Decision No 3632/93/ECSC, of the finan- cial aid which it intends to grant to the ‘Aberpergwm Colliery’ production unit of Anthracite Mining Ltd for the year 2001. In the light of the information submitted by the United Kingdom, the Commission is required to take a decision on operating aid amounting to GBP 5 397 000 to cover special operating losses of Longannet Mine, namely GBP 2190 000 for the period from 17 April 2000 to 31 December 2000 and GBP 3 207 000 for 2001. The Commission is also required to take a decision on oper- ating aid amounting to GBP 1031 066 to cover oper- ating losses of the Aberpergwm Colliery for 2001. The financial measures are covered by Article 1 of Decision No 3632/93/ECSC. The Commission must therefore take a decision on these measures pursuant to () O] L 329, 30.12.1993, p. 12. TT3IEE 0000 LLLEL il alaia B0 00N B Article 9(4) of that Decision. The Commission's approval is subject to the general objectives and criteria laid down in Article 2 and the specific criteria set out in Article 3 of Decision No 3632/93/ECSC and, more generally, to the aid being compatible with the proper functioning of the common market. In addition, in its assessment the Commission is required to check, in accordance with Article 9(6) of that Decision, whether the measures notified are in conformity with the plan for modernisation, rationalisation and restructuring of the United Kingdom coal industry approved by the Commission by Decision 2001/114/ECSC (3, and Decision 2001/597/ECSC (*) (hereinafter referred to as ‘the restructuring plan’). I The sum of GBP 5 397 000 which the United Kingdom is proposing to grant to the Longannet Mine under Article 3 of Decision No 3632/93/ECSC is intended to cover part of the difference between the production cost and the selling price of coal freely agreed between the contracting parties in the light of the conditions prevailing on the world market for coal of similar quality from third countries. By Decisions 2001/217/ECSC () and 2001/683 ECSC (°), the Commission has already authorised the United Kingdom to grant operating aid to the Longannet Mine pursuant to Article 3 of Decision No 3632/93] ECSC amounting to GBP 17 462 000 for the period from 17 April 2000 to 31 December 2000 and GBP 18 318 000 for 2001. In accordance with Article 3(2) of Decision No 3632/93/ECSC, the Commission was of the opinion that the aid which the United Kingdom proposed to grant was intended to improve the economic viability of the production unit concerned by reducing its production costs. In accordance with the restructuring plan, the aid should help to make Long- annet Mine viable, enabling it to continue its activities beyond 2002 without the need for public subsidy. However, the aid which the Commission authorised for Longannet Mine covered only a part of the operating losses relating to the abovementioned periods. Direct depreciation as provided for in point 2(c) of Form A in Annex [ to Decision No 341/94/ECSC () is not covered by State aid. By excluding this eligible expenditure, the 3, 14.2.2001, p. 27. 10, 3.8.2001, p. 32. 1, 21.3.2001, p. 31. 41, 11.9.2001, p. 10. 9, 19.2.1994, p. 1.