L 109/14 Official Journal of the European Communities 27.4.1999 COMMISSION DECISION of 2 December 1998 on German aid to the coal industry for 1998 (notified under document number C(1998) 4026) (Only the German text is authentic) (Text with EEA relevance) (1999/270/EC) THE COMMISSION OF THE COMMUNITIES, EUROPEAN 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), and in particular Article 2(1) and Article 9 thereof, Whereas: By letter of 28 October 1997, 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 1998. By letters of 26 March 1998, 28 April 1998, 27 August 1998, 23 October 1998 and 4 November 1998, Germany submitted the additional information requested by the Commission. By letter of 26 March 1998, Germany submitted, in accordance with Article 8(4) of Decision No 3632/93/ECSC, the new guidelines for its coal policy up to the year 2002, which modify the plan approved by the Commission by Decision 94/1070/ECSC (%) on aid to the coal industry in1994 (hereinafter referred to as ‘the 1994 restructuring plan’). In accordance with Decision No 3632/93/ECSC, the Commission first gives an opinion on the compatibility of the plan for the modernisation, rationalisation and restructuring of and reduction of activity in the coal industry with the general and particular objectives of the Decision. Yy OJ L 329, 30.12.1993, p. 12. (3) OJ L 385, 31.12.1994, p. 18. Secondly, it gives its opinion, in accordance with the Decision, on the following financial measures for 1998: (a) operating aid within the meaning of Article 3 of the Decision totalling DEM 5 171 million; (b) aid for the reduction of activity within the meaning of Article 4 of the Decision totalling DEM 3 164 million; (c) aid within the meaning of Article 3 of the Decision totalling DEM 81 million to maintain an underground labour force (‘Bergmannsprimie’); e aid within the meaning of Article 5 of the Decision totalling DEM 1011 million to assist the undertakings RAG Aktiengesellschaft, Saarbergwerke AG, Preussag Anthrazit GmbH and Sophia Jacoba GmbH to cover exceptional costs. This aid includes: — aid to cover additional drainage costs, as part of restructuring, to assist the undertakings RAG Aktiengesellschaft, Saarbergwerke AG and Preussag Anthrazit GmbH totalling DEM 161 million, — aid totalling DEM 850 million to assist the undertakings RAG Aktiengesellschaft, Saarbergwerke AG and Sophia Jacoba GmbH to cover the costs arising from or having arisen from the restructuring of the coal industry which are not related to current production (inherited liabilities). The financial measures proposed by Germany for the coal industry comply with the provisions of Article 1(1) of Decision No 3632/93/ECSC. In accordance with Article 9(4), the Commission is therefore