Commission Decision of 22 May 2002 on the granting by Spain of aid to the undertaking Hunosa in 1998, 1999, 2000 and 2001 (Text with EEA relevance) (notified under document number C(2002) 1895)

• Articles: 7

Article 1

The State aid granted by Spain to Hulleras del Norte SA (Hunosa) to cover operating losses at the installations of the former undertaking Minas de Lieres SA (Pozo Siero) in 1998, 1999, 2000 and 2001, totalling EUR 6899618,96 (ESP 1148 million), EU 7079922,59 (ESP 1178 million), EUR 5529311,36 (ESP 920 million) and EUR 528890,65 (ESP 88 million) respectively, and the aid to cover the exceptional costs resulting from closure of these installations in 2001, totalling EUR 3696224,44 (ESP 615 million), is incompatible with the common market.

Article 2

1. Spain shall adopt all necessary measures to recover from Hunosa the aid for 1998, 1999 and 2000 mentioned in Article 1, totalling EUR 19508852,91 (ESP 3246 million), which was placed at Hunosa's disposal unlawfully.

2. Recovery shall take place without delay, in accordance with the procedures laid down by national law, provided they allow immediate, effective implementation of this Decision. The aid to be recovered shall be liable to interest payable from the date on which it was placed at the disposal of the recipient to the date of recovery thereof.

Article 3

Spain is hereby authorised to pay the following aid to Hunosa in respect of 2001:

(a) aid for the reduction of activity of EUR 35531835,61 (ESP 5912 million) under Article 4 of Decision No 3632/93/ECSC;

(b) aid of EUR 25122305,96 (ESP 4180 million) to cover the exceptional technical costs of closing down mining installations as a result of the measures to reduce the activity of the Spanish coal industry.

Article 4

In accordance with Article 86 of the ECSC Treaty, Spain shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations resulting from this Decision. It shall ensure that the aid authorised is used for the purposes intended and that any unspent, overestimated or incorrectly used aid for any item covered by this Decision is repaid to it.

Article 5

In accordance with Article 9(5) of Decision No 3632/93/ECSC, any payment made by Spain to Hunosa in anticipation of authorisation from the Commission in excess of the aid authorised for this undertaking in 2001 shall be repaid in full, by the undertaking which received it, within one month of notification of this Decision to Spain. This amount shall be liable to charges at the market rate payable by Hunosa.

Article 6

Spain shall notify the Commission, by 30 June 2002 at the latest, of the amount of aid actually paid to Hunosa in respect of 2001.

Article 7

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 22 May 2002.

For the Commission

Loyola De Palacio

Vice-President

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

(2) OJ L 82, 26.3.2002, p. 11.

(3) OJ L 303, 13.11.1998, p. 57.

(4) OJ L 385, 31.12.1994, p. 31.