2004/340/EC: Commission Decision of 5 November 2003 concerning aid to the company González y Díez S.A. to cover exceptional costs (aid for 2001 and incorrect use of the aid for 1998 and 2000), amending Decision No 2002/827/ECSC (notified under document number C(2003) 3910) (Text with EEA relevance)

• Articles: 8

Article 1

The State aid totalling EUR 3131726.47 granted by Spain to the company González y Díez S.A. to cover exceptional restructuring costs for the years 1998 and 2000 pursuant to Article 5 of Decision 3632/93/ECSC constitutes an incorrect application of Decisions 98/637/ECSC and 2001/162/ECSC and is incompatible with the common market.

Article 2

The State aid totalling EUR 2249759.37 (374328463 pesetas) granted by Spain to the company González y Díez S.A.to cover, for the year 2001, exceptional costs of closure incurred during the period 1998 to 2001 is compatible with Article 7 of Regulation (EC) 1407/2002.

Article 3

The following State aid that Spain intends to grant the company González y Díez S.A. is incompatible with Article 7 of Regulation (EC) 1407/2002:

(a) an amount of EUR 602146.29 (100188713 pesetas) for the year 2001, intended for investments in mining infrastructure for the working of the "Tres Hermanas" group of the Sorriba group;

(b) an amount of EUR 601012.10 (100000000 pesetas), for the year 2001, intended to constitute a provision for covering future costs incurred by the closure of the "La Prohida" subsector and the partial closure of the Buseiro sector, which took place during the period 1998 to 2001.

The aid mentioned in indents (a) and (b) of the first paragraph cannot therefore be granted.

Article 4

1. Spain shall adopt all the necessary measures to recover from the company González y Díez S.A.:

(a) the aid mentioned in Article 1;

(b) an amount of EUR 54057.63 (8994433 pesetas), paid illegally before authorisation by the Commission for the financial year 2001, and constituting an unauthorised excess over the aid authorised pursuant to Article 2 and, where appropriate, any other amount paid illegally under the same circumstances.

2. The recoveries mentioned in indents (a) and (b) of paragraph 1 shall be effected without delay and in accordance with the procedures laid down by national law, provided that they allow immediate, effective implementation of this Decision. The aid to be recovered shall be liable to interest charges payable from the date on which it was placed at the disposal of the recipient to the date of recovery thereof. The interest shall be calculated on the basis of the reference rate used to calculate the grant equivalent in the context of regional aid.

Article 5

Spain shall inform the Commission, within two months from the notification of this Decision, of the measures it has adopted to comply with this Decision.

Article 6

Articles 1, 2 and 5 of Decision 2002/827/ECSC are repealed.

Article 7

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 5 November 2003.

For the Commission

Loyola de Palacio

Vice-President

(1) OJ C 87, 10.4.2003, p. 17.

(2) OJ L 296, 30.10.2002, p. 80.

(3) See footnote 1.

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

(5) OJ L 58, 28.2.2001, p. 24.

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

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

(8) See footnote 6.

(9) OJ L 83, 27.3.1999, p. 1.

(10) See footnote 1.

(11) OJ C 152, 26.6.2002, p. 5.

(12) OJ L 205, 2.8.2002, p. 1.

(13) OJ L 300, 5.11.2002, p. 42.

Schedules & Appendices

ANNEX

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