25. 4..90 Official Journal of the European Communities - No L 105/21 COMMISSION DECISION of 28 February 1990 on aid from the Federal Republic of Germany to the coal industry in 1989 (Only the German text is authentic) (90/199/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 (Y), Whereas : In its communications of 11 October and 1 December - 1988, 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 1989 in order to support the coal industry. In its communications of 24 April, 8 September and 16 November 1989, the Government of the Federal Republic of Germany provided further information as requested by the Commission on 3 March and 21 June 1989. Under the above Decision, the Commission hereby expresses—its opinion on the following aid measures : — DM 2 865 million of aid for supplying coal and coke to the Community’s iron and steel industry, pursuant to Article 4 of the Decision, — DM 160 million of aid granted under a scheme to maintain the underground labour force in deep mines (Bergmannsprimie), pursuant to Article 6 of the Deci- sion; —~ DM 20 million. of aid for special depreciation, — DM 216 million of aid to finance social grant schemes specific to the coal industry, intended to cever the difference ‘between actual and standard social charges. The aid which the Government of the Federal Republic of Germany intends to grant to its coal industry conforms to the provisions of Article 1 (1) of Decision No 2064/ () OJ No L 177, 1. 7. 1986, p. 1. 86/ECSC. The Commission must therefore decide, pursuant to -Article 10 of the Decision, whether the aid conforms to the objectives and criteria set out in -the Deccision and whether it is compatible with the proper functioning of ‘the common market. II 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 of coking coal, blast furnace coke and coal for injec- tion into blast furnaces for the iron and steel industry of the Community under long-term contract. These rebates must not cause the delivered prices of Community coal and coke to work out lower than those which would be charges for coal from non-member countries and coke made from non-member country coking coal. The Government of the Federal Republic of Germany has informed the Commission of the principles underlying a new system of aid for supplying coal and-coke to the Community’s iron- and -steel - industry, the purpose of which is to set a ceiling on the amount of aid granted.in respect of 1989, 1990 and 1991. The total amount of aid which .it is intended to grant for the period from 1 January. 1989 to 31 December 1991 is DM 10960 million. The total quantities covered by this aid should amount to 69,8 million tonnes. Under this system, the Government. proposes to - pay approximately DM 2 865 million of aid to coal producers for 15989. This amount, provided for-in‘the 1989 budget, will not be sufficient to cover all the aid required for 1989 in-respect of an estimated quantity of 24,5 million tonnes of coal and coke ‘supplied to the Community’s iron and steel industry. Ainy plan subsequently to modify the sum specified in this Decision will have to be notified at a later stage, in accordance with Article 9 (3) of Decision No 2064/86/ ECSC so-that the Commission can express an opinion in accordance with the procedures defined in Article 10 of the said Decision.