Commission Decision of 9 April 2002 concerning the use of State aid to the French coal industry for 1994 to 1997 (Text with EEA relevance) (notified under document number C(2002) 1329)

• Articles: 6

Article 1

The State aid granted by France to the coal industry which has been allocated or is to be allocated as compensation for the guaranteed concession price and advances for investment paid by the industrial and commercial public undertaking Charbonnages de France (l'EPIC CdF) to the economic interest grouping CdF Energie (CdF Energie), and as permanent advances from the members of CdF Energie, totalling EUR 19942292, is incompatible with the common market.

Article 2

1. France shall take all necessary measures to recover the aid for the years 1994, 1995 and 1996 referred to in Article 1 above, totalling EUR 18416018, from the Charbonnages de France group.

2. Recovery shall be immediate and in accordance with the procedures laid down in French law, provided that these permit the immediate and effective implementation of this Decision. The amounts to be repaid must include interest from the date the aid was made available to the beneficiary to its actual recovery.

Article 3

1. France is authorised to grant to the French coal industry, for 1997, aid for the reduction of activity, in addition to that authorised by Decision 2001/85/ECSC, totalling EUR 3809442. The balance of the amount of aid on which the Commission had to take a decision in accordance with Article 1(a) of that Decision, namely EUR 1526274, therefore cannot be used.

2. If France has already paid the sum of EUR 1526274 referred to in paragraph 1 above to the Charbonnages de France group before a Commission decision has been taken, it shall be recovered as specified in Article 2(2).

Article 4

The grant of aid declared to be incompatible by virtue of this Decision shall stop upon notification of the Decision to France.

Article 5

1. The French Government shall inform the Commission within two months of the date of notification of this Decision of the measures taken to comply.

2. With regard to the aid to the coal industry for 1998, 1999, 2000 and 2001, France shall notify to the Commission, within 15 working days of notification of this Decision, the amounts of compensation for the guaranteed concession price paid by EPIC CdF to CdF Energie for those years.

Article 6

This Decision is addressed to the French Republic.

Done at Brussels, 9 April 2002.

For the Commission

Loyola De Palacio

Vice-President

(1) OJ L 329, 30.12.1993, p. 12.

(2) OJ C 99, 10.4.1999, p. 9.

(3) OJ C 99, 10.4.1999, p. 9.

(4) OJ L 267, 9.11.1995, p. 46.

(5) OJ L 299, 12.12.1995, p. 18.

(6) OJ L 191, 1.8.1996, p. 45.

(7) OJ L 29, 31.1.2001, p. 45.

(8) EPIC CdF: Balance sheet and profit and loss account for 1995, notes on the profit and loss account, p. 19.

(9) CdF Energie: Balance sheet; profit and loss account and annex of 31 December 1995, pp. 28 and 29.

(10) Commissions were charged, in 1995, to HBL, HBCM, Cokes de Drocourt, Agglonord, Agglocentre and CTBR (CdF Energie: Accounts, profit and loss account and annex as of 31 December 1995, p. 43).

(11) See also recital 16.

(12) CdF Energie: Accounts, profit and loss account and annex as of 31 December 1995, pp. 37 to 42.

(13) Price of steam coal imported from third countries. EU average calculated on the basis of free-at-border cif prices notified to the Commission under Decisions 77/707/ECSC (OJ L 292, 16.11.1977, p. 11) and 85/161/ECSC (OJ L 63, 2.3.1985, p. 20).

(14) CdF Energie: Accounts, profit and loss account and annex as of 31 December 1993, p. 3.

(15) See recital 6.

(16) OJ L 29, 31.1.2001, p. 45.

(17) OJ L 21, 23.1.2001, p. 12.

(18) OJ L 239, 7.9.2001, p. 35.