No L 58/60 Official Journal of the European Communities 11. 3. 93 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 December: 1992 concerning the authorization of financial measures by the Federal Rei)ublic of ' Germany in respect of the coal industry in 1993 ‘ (only the German text is authentic) (93/147/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to Commission Decision No 2064/86/ ECSC of 30 June 1986 establishing Community rules for State aid to the coal industry ('), and in particular Articles 2 (1) and 10 thereof, Whereas : I In a letter dated 9 December 1992 the German Govern- ment informed the Commission, pursuant to Article 9 (2) of Decision No 2064/86/ECSC, of a compensatory amount it proposes to grant under the third Electricity- from-coal Law for 1993, and also of proposed compensa- tion between mining areas (Revierausgleich)and compen- sation for coal with a low volatile-matter content (Ausgleich fiir niederfliichtige Koble) for 1993. According to information provided by the German Government, the aid amounts to: — compensation-fund revenue totalling DM 5100 million for 1993, corresponding to a 7,5 % Kobhlep- fennig levy, of which DM 5000 million are for current expenditure in 1993, — DM 271,5 million for 1993, consisting of DM 197,6 million as compensation between mining areas and () OJ No L 177, 1. 7..1986, p. 1. DM 73,9 million as compensation for coal with a low volatile-matter content. - I The aim of the compensation fund (Ausgleichsfonds) under the third Electricity-from-coal Law is partially to offset the price differential, in respect of 11,5 million tonnes of coal equivalent (tce), between Community coal and imported coal and, as to 23 million tce, the differen- tial between Community coal and fuel oil. This scheme therefore covers an annual volume of around 34,5 million tce of Community coal. It is a measure relating to the marketing of coal which, even .if it is not a direct burden on public budgets, is nevertheless financed by charges rendered compulsory by the fact of State intervention. In addition this scheme confers an economic advantage on coal undertakings. It therefore constitutes indirect aid to the coal industry within the meaning of Article 1 (1) of Decision No 2064/86/ECSC. The Commission must therefore deliver an opinion on the scheme pursuant to Article 10 (2) of that Decision. - The financial measures relating to compensation between mining areas and for coal with a low volatile-matter content are intended to partially cover the reduced revenue realized by several coal undertakings in the Federal Republic of Germany in certain sales of coal to thermal power stations. According to information provided by the German Government the compensation