No L 226/28 Official Journal of the European Communities i4. 8. 91 COMMISSION DECISION of 6 February 1991 on financial aid by the Federal Republic of Germany to the coal industry in 1990 and supplementary aid to the coal industry for 1989 (only the German text is authentic) (91/406/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 ('), Whereas : In its letters of 3 January and 8 October 1990, the Government of the Federal Republic of Germany informed the Commission, pursuant to Article 9 (2) of Decision No 2064/86/ECSC, of the financial measures it intends to take in order to support the coal industry in 1990. In its letter of 8 October 1990, the German Government also informed the Commission, pursuant to Article 9 (3), of a supplementary measure it intends to take in support of the coal industry with regard to 1989. Pursuant to the above Decision, the Commission must give a ruling on the following financial measures submitted to it for approval : — aid totalling DM 3 550 million to sales of coal and coke to the Community iron and steel industry in 1990, — aid totalling DM 152 million under a scheme for maintaining the underground labour force in deep mines (Bergmannsprdmie) for 1990, — aid totalling DM 20 million for special depreciation in 1990, — aid totalling DM 306 million to finance social benefit schemes in the coal industry in 1990, corresponding () OJ No L 177, 1. 7. 1986, p. 1. to the difference between actual and standard social charges, — supplementary aid totalling DM 982 million to sales of coal and coke to the Community iron and steel industry in 1989. The measures which the German Government intends to take to support the coal industry comply with the provi- sions of Article 1 (1) of Decision No 2064/86/ECSC. The Commission must therefore give a ruling under Article 10 of the Decision as to whether they comply with the objectives and criteria set out in that Decision and whether they are compatible with the proper functioning of the common market. 11 In accordance with Articles 4 and 12 of the Decision, coal undertakings are authorized, where necessary, to grant rebates on their list prices or production costs for delive- ries to the Community iron and steel industry under long-term contract of coking coal, blast furnace coke and coal for injection into blast furnaces. These rebates must not cause the delivered prices of Community coal and coke to work out lower than those which would be charged for coal from non-member countries and coke made from non-member country coking coal. Since 1 January 1989, the German Government’s policy on aid to sales of coal and coke to the Community steel industry has been based on the principle of placing a ceiling on the amount of such aid for the years 1989, 1990 and 1991. The overall amount of aid planned for the period from 1 January 1989 to 31 December 1991 amounts to DM 10 960 million, while the total quantities eligible for this aid are expected to be 69,8 million tonnes. On 28 February 1990, the Commission adopted Decision No 90/199/ECSC (3 on aid from the Federal Republic of Germany to the coal industry in 1989. This Decision authorized the German Government to grant aid of DM 2 865 million under the new system to sales of coal and coke to the Community iron and steel industry. The () OJ No L 105, 25. 4. 1990, p. 21.