27.2.2002 Official Journal of the European Communities L 56/27 COMMISSION COMMISSION DECISION of 2 October 2001 on German aid to the coal industry for the period from 1 January 2002 to 23 July 2002 (notified under document number C(2001) 3005) (Only the German text is authentic) (Text with EEA relevance) (2002/171/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 22 November 2000, Germany notified the Commission, in accordance with Article 9(1) of Decision No 3632/93/ECSC, of the financial measures it intended to take for the coal industry in 2002. Decision No 3632/93/ECSC expires on 23 July 2002. Accordingly, the Commission can, in accordance with the aforementioned Decision, only decide on aid to be granted to the coal industry up to 23 July 2002. Conse- quently, by letter of 30 January 2001 the Commission asked Germany to specify the amounts for each type of aid to be granted in the period from 1 January to 23 July 2002. The information requested by the Commission was transmitted by letter of 16 July 2001. Germany calcu- lated the amounts of aid for the period from 1 January to 23 July 2002 on the basis of a theoretical model in which the number of days of coal production in the aforementioned period was related to the number of days of coal production during the whole of 2002. Pursuant to Decision No 3632/93/ECSC, the Commis- sion is required to take a decision on the following financial measures: () O] L 329, 30.12.1993, p. 12. (a) operating aid within the meaning of Article 3 of the Decision totalling DEM 1 917 million; (b) aid for the reduction of activity within the meaning of Article 4 of the Decision totalling DEM 785 million; (c) aid within the meaning of Article 3 of the Decision totalling DEM 33 million to maintain an under- ground labour force (Bergmannsprimie); (d) aid to cover exceptional costs within the meaning of Article 5 of the Decision totalling DEM 1 320 million. In addition to the abovementioned amounts, the inten- tion is to grant a cross-subsidy of DEM 200 million from the non-coal sector of RAG AG. This commitment of the undertaking forms part of an agreement (coal agreement) concluded on 13 March 1997 between the German Government and the regional governments of North Rhine-Westphalia and Saarland and the coal industry after consultation with the coalminers' trade unions and the electricity sector. The German Govern- ment guarantees the amount required to reach the level of the planned cross-subsidy, with RAG AG paying the German Government an amount equal to 0,25 % of this guarantee per half-year. Any sums received under this guarantee scheme must be paid back from the future profits of RAG AG deriving from its non-coal activities. In its letter of 22 November 2000 Germany confirmed that RAG AG would for 2002 transfer DEM 200 million from its non-coal sector to the coal sector. The statements made by Germany in no way indicate that the amount specified has to be taken up from the German Government's guarantee. Accordingly, the