No L 267/42 Official Journal of the European Communities 9. 11. 95 COMMISSION COMMISSION DECISION of 4 April 1995 on German aid to the coal industry for 1995 (Only the German text is authentic) (Text with EEA relevance) (95/464/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 2 (1) and 9 thereof, Whereas : By letter of 25 January 1995, 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 1995, In accordance with that Decision, the Commission esta- blishes the following measures for 1995: — aid totalling DM 95 million for maintaining the underground labour force (‘Bergmannsprimie’), — aid totalling DM 5 900 million under the Third Elec- tricity-from-Coal Law of 13 December 1974 (3) (‘drittes Verstromungsgesetz’) in the form of revenue from the compensation fund (‘Ausgleichsfonds’) for 1995. This corresponds to a levy rate (‘Kohlepfennig’) of 8,5 %, (') OJ No L 329, 30. 12. 1993, p. 12. () German Law Gazette, 17 December 1974, p. 3473. — aid totalling DM 200 million to cover exceptional costs for the undertakings Ruhrkohle AG, Saarberg- werke AG, Gewerkschaft Auguste Victoria, Sophia Jacoba GmbH and Preussag. The financial measures proposed by the Federal Govern- ment for the coal industry comply with the provisions of Article 1 of Decision No 3632/93/ECSC and are to be approved by the Commission in accordance with Article 9. The Commission is to take 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. In accordance with Article 9 (6) of the Decision, the Commission is required to check whether the measures are in conformity with the modernization, rationalization and restructuring plans on which it expressed a favourable opinion on 13 December 1994 in accordance with Article 8 (2) and (3). I The aid of DM 92,8 million for compensation between coalfields and the aid of DM 50,8 million for compensa- tion for coal with a low volatile-matter content are intended to provide partial compensation for the fact that some coal producers receive revenue which is lower than production costs because of sales to electricity producers. According to the information provided by the Federal Government, the compensation between coalfields relates . to 7,4 million tonnes and the compensation for coal with a low volatile-matter content to 2,3 million tonnes. Since 1990 this amount has been reduced by 10 % per annum.