Order ITC/3666/2007 of 14 December 2007 lays down the regulatory basis for State aid to the coal industry. In that order, the payment of operating aid to the mining companies in twelve parts is envisaged as appropriate to the rate at which the operating deficit occurs. However, in view of the current state of the electricity market, in which the interruption of purchases by electricity companies has deprived coal producers of the revenue from thermal invoicing, it seems appropriate to some cases change the timing of payments, since the operating deficit will be concentrated in the period in which no purchases are made by the power plants, so since the purpose of the aid is to cover the (i) the Commission is not in favour of the Commission's proposals to the Member States in the revenue by thermal billing. Once the coal purchases are activated by the electricity companies, the coal producers will be able to recover the part of the turnover not obtained in the first half.

Therefore, by means of a new additional provision, seventh, paragraph .9 of Order ITC/3666/2007 of 14 December 2007 is amended in such a way as to make the payment of all aid outstanding for the financial year a single payment 2010 to private companies. This, of course, without prejudice to the fulfilment of the other provisions and obligations imposed by that order and the Resolution of 13 October 2009, of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, for which aid to the coal mining industry is called for the financial year 2010, corresponding to those provided for in Article 5.3 of Council Regulation (EC) No 1407/2002 of 23 July 2002 on the State aid to the coal industry.

Moreover, an additional new provision is added, eighth, by which, for the aid resulting from the call made by that Resolution of 13 October 2009, it is exempted from the obligation to submit the contracts and letters referred to in paragraph 3 (2) (d) of Order ITC/3666/2007 of 14 December 2007 until the decision of the Secretary of State for Energy referred to in paragraph 2 of Annex II to the Royal Decree has been published 134/2010 of 12 February 2010 laying down the procedure for the resolution of restrictions by security of supply and the amendment of the Royal Decree 2019/1997 of 26 December on the organisation and regulation of the market for the production of electrical energy.

In its virtue, I have:

First. Amendment of Order ITC/3666/2007 of 14 December 2007 laying down the regulatory basis for aid to the coal mining industry for the financial years 2008, 2009 and 2010, corresponding to those provided for in Article 5.3 of the Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry.-Order of 14 December 2007 amending Order ITC/3666/2007 laying down the regulatory basis for aid to the industry Coal mining for the financial years 2008, 2009 and 2010, corresponding to those provided for in Article 5.3 of Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry as follows:

One. A new additional provision is added seventh, with the following wording:

Additional provision seventh. Payment scheme for the financial year 2010.

By way of derogation from paragraph .9 of this order, in the case of aid resulting from the Resolution of 13 October 2009, of the Institute for the Restructuring of Coal Mining and Alternative Development of The Mining Committee, for which aid to the coal mining industry is called for the financial year 2010, corresponding to those provided for in Article 5.3 of Council Regulation (EC) No 1407/2002 of 23 July 2002 on aid (a) State aid to the coal industry, the payment of aid to private undertakings will be paid cash in a single payment, provided that there is a right to recovery and without prejudice to the self-settlement and regularisation provided for in the order. This will proceed from the entry into force of the order in which this additional seventh provision is introduced.

For those companies that apply for closure aid under the Resolution of 10 May 2010, of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, for which call for aid for labour costs by means of low incentives and aid to compensate for the costs incurred in the closure of production units of coal mining companies, for the financial year 2010, the single payment will be pending aid only up to the month for which the closure is requested.

Two. A new eighth additional provision is added, the wording of which will be as follows:

Additional disposition octave. Presentation of the contracts or letters provided for in paragraph 2 (d) (d)

Subject to the provisions of paragraph 3 (2) (d) of this order, for aid arising from the call made by Resolution of 13 October 2009, of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas and until the decision of the Secretary of State for Energy referred to in paragraph 2 of Annex II to Royal Decree 134/2010 has been published, of 12 February, the presentation will not be required of contracts or letters referred to in that paragraph.

Second. Entry into force. -This order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, May 28, 2010. -Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.