L 296/80 Official Journal of the European Communities 30.10.2002 COMMISSION DECISION of 2 July 2002 on the granting by Spain of aid to the undertaking Gonzilez y Diez SA in 1998, 2000 and 2001 (notified under document number C(2002) 2441) (Only the Spanish text is authentic) (Text with EEA relevance) (2002/827ECSC) 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 Decision 2002/241/ECSC of 11 December 2001 on the granting by Spain of aid to the coal industry in 2001 (2), the Commission authorised part of the pro- posed aid to Gonzilez y Diez SA and announced that it would decide on the balance once it received the additional information requested from Spain. By letter of 13 December 2001 the Commission invited Spain, pursuant to Article 88 of the Treaty, to submit its comments on the use of the aid granted to Gonzdlez y Diez SA in 1998, 2000 and 2001 to cover exceptional costs of restructuring in conformity with Article 5 of Decision No 3632/93/ECSC. Spain replied to the Commission by letters of 28 February 2002 and 24 April 2002. The Commission must analyse whether the aid of EUR 3918 049,35 (ESP 651 908560) and EUR 2 786 246,34 (ESP 463 592 384) granted by Spain to Gonzdlez y Diez SA in 1998 and 2000 respectively under Article 5 of Decision No 3632/93/ECSC was used by that undertaking for the purposes authorised by the () OJL 329,30.12.1993, p. 12. (9 OJL 82,26.3.2002, p. 11. Commission. Furthermore, in conformity with Decision No 3632/93/ECSC, the Commission must decide on the following aid granted to Gonzdlez y Diez SA in respect of 2001: (@) operating aid of EUR 670429570 (ESP 1 115 500 944) for 2001 under Article 3 of Decision No 3632/93/ECSC; (b) aid of EUR 2367 817,00 (ESP 393 971 600) for 2001 to cover exceptional costs under Article 3 of Decision No 3632/93/ECSC. The financial measures proposed by Spain for Gonzélez y Diez SA fall within the scope of Article 1 of Decision No 3632/93/ECSC. The Commission must therefore decide on these measures in accordance with Article 9(4) of the Decision. The Commission’s assessment will be based on the compliance of the measures with the general criteria and objectives laid down in Article 2 and with the specific criteria established by Articles 3, 4 and 5 of the Decision, and on their compatibility with the proper functioning of the common market. In addition, in accordance with Article 9(6) of the Decision, the Commission must check whether the measures notified conform with Spain’s modernisation, rationalisation, restructuring and activity-reduction plan which the Commission approved in Decision 98/637[ECSC (3). II On 11 June 1999, Minas la Camocha SA published its annual report for 1998. As reported in the press on 12 June 1999, the company board referred to ‘the purchase in 1998 of a 100 % stake in Gonzdlez y Diez SA for a total of ESP 784 million, financed by a bank (3 OJL 303,13.11.1998, p. 57.