L 203/52 Official Journal of the European Communities 1.8.2002 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 7 May 2002 on aid allegedly granted by Germany to RAG AG in connection with the privatisation of Saarbergwerke AG (notified under document number C(2002) 1810) (Only the German text is authentic) (Text with EEA relevance) (2002/631[ECSC) 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 Commission Decision 3632/93/ECSC of 28 December 1993 establishing Community rules for State aid to the coal industry (), Having given notice to the parties concerned to submit their comments in accordance with Article 88 of the ECSC Treaty (3 and having regard to those comments, Whereas: () ) I. PROCEDURE By letter of 13 November 1997, RAG AG (hereinafter referred to as ‘RAG) notified the Commission under Article 66(1) of the ECSC Treaty that it intended to acquire the entire share capital of Saarbergwerke AG and Preussag Anthrazit AG. By letter of 9 March 1998, Germany notified the Commission under Article 67 of the ECSC Treaty of the planned privatisation of Saarbergwerke AG through its sale to RAG for a token price. This letter indicated that the privatisation was an integral part of an agreement concluded on 13 March 1997 between the German Federal Government, the Governments of North Rhine Westphalia and Saarland, the coalmining industry and L 329, 30.12.1993, p. 12. C 101, 8.4.2000, p. 3. the trade unions of the coalmining and electricity sectors (hereinafter referred to as the ‘coal compromise)). Saarbergwerke AG (hereinafter referred to as ‘Saarberg- werke’) was a public sector company whose main activ- ities included coal extraction in Germany, production of coke, power generation, district heating, environmental protection, trade and services (in particular trading in coal, oil transport and oil distribution) and rubber manu- facturing. Coal extraction has traditionally been referred to as the company’s ‘black’ area of activity and the other activities constitute the ‘white’ area of activity. Saarberg- werke was jointly owned by the Federal Republic of Germany (74 %) and Saarland (26 %). It operated three coalmines, with a total production in 1997 of 7,3 million tce (). The coal compromise, in which new guidelines were laid down for coal policy for the period to 2005, provided for a steady reduction in annual production from 47 million tce in 1997 to 42 million tce in 2000 and 30 million tce in 2005 and a reduction in the number of production units from 17 to 12. These 1997 data should be corrected downwards. Coal production in 2000, for which Germany transmitted estimates when it notified the Commission of State aid, will total about 35 million tce and in 2005 production is unlikely to exceed 26 million tce. () tce: tonnes of coal equivalent.