L 282/70 Official Journal of the European Communities 19.10.2002 COMMISSION DECISION of 23 July 2002 concerning State aid to the French coal industry for 1998 to 2001 (notified under document number C(2002) 2792) (Only the French text is authentic) (Text with EEA relevance) (2002/787[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), Having regard to Commission Decision 2002/541/ECSC of 9 April 2002 concerning the use of State aid to the French coal industry for 1994 to 1997 (2), Whereas: (1) By letter of 18 June 2001, France notified the Commission, in accordance with Article 5(2) of Decision 2002/541/ECSC, of the amounts of compensation for the guaranteed concession price paid by the public industrial and commercial undertaking Charbonnages de France (EPIC CdF) to the economic interest grouping CdF Energie (CdF Energie) for 1998 to 2001. In the letter, France also stated that it would comply with Decision 2002/541/ECSC. (2)  The Commission has already authorised, for 1998 to 2001, the aid notified by France to the coal industry, except as regards a provisional sum of FRF 45 million (EUR 6 860 206) for each of the years from 1998 to 2000 in accordance with Decisions 2001/85/ECSC (%) and 2001/58/ECSC (), and FRF 10 million (EUR 1 524 490) for 2001 in accordance with Decision 2001/678/ECSC (°). In accordance with these decisions, the Commission must take a decision on the amounts which it has not authorised for 1998 to 2001 in the light of the outcome of the examination of the complaint submitted on 26 August 1997 by Thion & Cie, Maison Balland Brugneaux, Société Nouvelle Vinot Postry, Etablissements Lekieffre and Charbogard about Charbonnages de France. The complaint concerned the alleged misuse of State aid which France grants on an annual basis to Charbonnages de France, after authorisation by the Commission, in the framework of Decision No 3632/93/ECSC. (3)  The Commission has adopted Decision 2002/541/ECSC which is concerned with the various facts of the abovementioned complaint. It took the view that the State aid which France granted to the coal industry which was allocated or was likely to have been allocated as compensation for the guaranteed concession price paid by EPIC CdF to CdF Energie was incompatible with the common market. It also took the view that all or part of the amounts which it had not authorised for 1998 to 2001 was intended to be allocated, or was allocated before a Commission Decision was taken, as compensation for the guaranteed concession price paid by EPIC CdF to CdF Energie. It therefore requested France, in accordance with Article 5(2) of Decision 2002/541/ECSC, to notify it of the 1) OJL329,30.12.1993, p. 12. () () OJL176, 5.7.2002, p 26. () OJL29, 31.1.2001, p. 45. (*) OJL21, 23.1.2001, p. 12. () OJL239,7.9.2001, p. 35.