No L 385/18 - Official Journal of the European Communities 31.12. %4 COMMISSION DECISION of 13 December 1994 on German aid to the coal industry for 1994 (Only the German text is authentic) {Text with EEA relevance) - (94/1070/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 Articles 8 and 9 thereof, I Whereas, by letter of 28 December 1993, Germany notified the Commission, in accordance with Article 9 (1) of Decision No 3632/93/ECSC, of the aid it intended to grant to the coal industry in 1994; Whereas, by letter of 29 April 1994, Germany submitted to the Commission a plan for the modernization, rationalization and restructuring of the coal industry, in accordance with Article 8 of the abovementioned Decision; Whereas, by letters of 6 September and 23 November 1994, the Member State provided additional information; Whereas, in accordance with Decision No 3632/ 93/ECSC, the Commission gives its opinion on the compatibility of the plan for modernization, rationalization and restructuring of the coal industry with the general and specific objectives set out in the Decision and establishes the following measures for 1994: - aid totalling DM 2 853 million for the sale of coal and coke to the Community steel industry, — aid totalling DM 110 million for maintaining the underground labour force (‘Bergmannspramie’), — aid totalling DM 127,8 million for compensation between coalfields and DM 57,9 million for compensation for coal with a low volatile matter content, (') O] No L 329, 30. 12. 1993, p. 12. — aid totalling DM 5 800 million under the Third Electricity-from-Coal Law of 13 December 1974 (?) (‘drittes Verstromungsgesetz’) in the form of revenue from the compensation fund for 1994. This corresponds to a levy rate (‘Kohlepfennig’) of 8,5 %, — the setting-up of a credit line of DM 6 000 million " under Article 3 of the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply (}) (‘Gesetz zur Sicherung des Einsatzes von Steinkoble in der Verstromung und zur Anderung des Atomgesetzes und des Stromeinspeisungsgesetz’) for the purpose of clearing debts from the compensation fund entered under the Third Electricity-from-Coal Law, which amounted to DM 5 350 million on 31 December 1993, and to ensure the future solvency of that fund; Whereas the financial measures proposed by the Federal Government for the coal industry comply with the provisions of Article 1 of Decison No 3632/93/ECSC and must be approved by the Commission in accordance with Article 9; whereas the Commission takes its decision above all with regard to the general objectives and criteria defined in Article 2 and the specific criteria defined in Articles 3 and 4 of the Decision; whereas, in accordance with Article 9 (6) of the Decision, the Commission is required to check whether the measures are in conformity with the plans submitted; 11 N Whereas the plan submitted by the Federal Government for the modernization, rationalization and restructuring of the coal industry has to be assessed in the light of the general objectives and criteria defined in Article 2 (1) of Decision No 3632/93/ECSC and the specific objectives and criteria defined in Articles 3 and 4 thereof; Whereas the production targets set out in this plan are based on the guidelines for the German coal industry agreed by the mining undertakings, the Federal Government , the Federal Land Governments of North (3) German Law Gazette, 17. 12, 1974, p. 3473. (®) German Law Gazette, 28. 7. 1994, p. 1618.