96/269/ECSC: Commission Decision of 29 November 1995 on aid to be granted by Austria to Voest-Alpine Erzberg Gesellschaft mbH (Only the German text is authentic) (Text with EEA relevance)

• Articles: 7

Article 1

The following maximum amounts of aid which Austria plans to grant to Voest-Alpine Erzberg GmbH (VAEG) are compatible with the orderly functioning of the common market, subject to the condition that the production figures given below are not exceeded:

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Article 2

The operating aid granted annually by Austria shall not exceed the upper limits specified in Article 1. It shall under no circumstances exceed the difference between income from the sale of iron ore and production costs. The price agreed with the customers of VAEG shall be in line with the average market price and shall not be lower than the price such customers pay for iron ore imported from third countries.

Article 3

1. Austria shall cooperate fully in the implementation of the following arrangements for monitoring this Decision.

2. Austria shall supply the Commission twice a year, and not later than 15 March and 15 September respectively, with monitoring reports. The first report shall be presented to the Commission by 15 March 1996 and the last report by 15 March 2003.

3. The reports shall contain full information on the recipient company, the aid amounts paid to it for the different purposes as approved by the Commission, its closure activities, its production, the redundancies made and the switching of staff from production to closure activities.

The reports shall also contain all the information which the Commission requires for monitoring the closure of the iron ore mine and shall show sufficient financial data to allow the Commission to assess whether the aid is being used in accordance with the plan notified and whether the conditions specified in Articles 1 and 2 are being complied with.

4. Austria shall require the recipient company to disclose all relevant data, including those which are otherwise considered confidential.

Article 4

The Commission shall, on the basis of the reports referred to in Article 3, draw up half-yearly reports which will be submitted to the Council not later than 1 May and 1 November of each year.

Article 5

The Commission may have any necessary checks made on the recipient company in accordance with Article 47 of the ECSC Treaty in order to verify the accuracy of the information given in the monitoring reports and in particular compliance with the conditions laid down in this Decision.

Article 6

Should Austria fail to fulfil its obligations under this Decision, Article 88 of the ECSC Treaty shall apply, without prejudice to any penalties the Commission may impose by virtue of the ECSC Treaty.

Article 7

This Decision is addressed to the Republic of Austria.

Done at Brussels, 29 November 1995.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 362, 31. 12. 1991, p. 57.

(2) OJ No L 329, 30. 12. 1993, p. 12.