Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry, taking into account the important social and regional repercussions arising from the rationalization and restructuring of the coal industry justifies the existence of aid to cover the costs incurred or incurred as a result of the rationalization and restructuring of the coal industry not related to the coal industry. current production ("inherited burdens from the past"). These aid for the coverage of exceptional charges, as provided for in Article 7 thereof, enable mining companies to cover the costs which, in connection with these restructuring processes, are expressly defined in the Annex to the rule.

Among these exceptional costs, the costs arising from free supplies of coal to workers deprived of their jobs as a result of the provision of free coal to workers are provided for in paragraph 1 (e) of the Annex to the said Community text. restructuring and rationalisation measures, as well as those who were entitled to it before restructuring.

The adoption of the strategic plan "Plan Nacional de Reserva Strategic de Carbon 2006-2012 and Nuevo Modelo de Desarrollo Integral and Sustainable de las Comarcas Mineras" in which the commitment to guarantee, through agreements with undertakings or through aid for the management and rationalisation, the collection of the "coal voucher" to the staff in active employment and the passive staff, and the necessary adequacy of such aid to Law 38/2003 of 17 November, Grant General, make it necessary to approve a rule that regulates your direct grant.

On the other hand, the Decision of the European Commission of 24 February 2010, C (2010) 986 final, " State aid N 684 /2009-Spain. Aid to replace the free supply of coal ', declares the compatibility of this aid with the internal market in accordance with Article 7 of Council Regulation (EC) No 1407/2002 of 23 July 2002 on aid state to the coal industry.

Today, Royal Decree 808/2006 of 30 June 2006 establishing the system of aid for labour costs by means of pre-retirement pensions, intended to cover exceptional costs linked to rationalization and restructuring of the activity of coal mining companies, is serving as a concession vehicle, on a monthly basis, of the said aid, while remaining in that pre-retirement situation and until they reach the age of ordinary retirement.

It is therefore necessary to set up a regulatory framework which allows, on the same terms, the direct and flat-rate grant of the aid to replace the free supply of coal, from the date of (i) compliance with the age of ordinary retirement and up to 75 years of age, not being established, a duplication of aid, but a double regulation of the same type of aid as for different periods and forms of payment different, require specific, but complementary, regulation.

These aid will be granted to mining companies which are beneficiaries, depending on the fulfilment of a set of objective requirements which, once accredited, enable the worker concerned to put an end to their relationship. (a) to replace the free supply of coal which it had received for an amount of compensation, which determines that it may be procedures initiated at the request of the interested.

However, in respect of the pre-retired workers of the coal mining companies whose extractive activity has ceased, it will be the Agency itself which will, after verification of the requirements laid down in the standard (a) to grant such aid to the coverage of exceptional costs, in order not to frustrate the public purpose and the social interest pursued with the grant.

In fact, there are reasons of public interest, economic and social, arising from the need to continue the process of restructuring the coal industry and the important social impact that the reduction of the activity of the mining companies carry, they justify the special regulation of these aids and their regime of direct concession. For this reason, aid for the coverage of exceptional costs in place of the free supply of coal is provided for in Article 22.2.c of Law 38/2003 of 17 November, General of Grants, relating to: aid under the direct concession scheme, a royal decree being required which, in accordance with Article 28 (2) of that law, approves the special rules of the subsidies referred to in Article 22 (2) (c)

The validity of this royal decree is linked to the aforementioned Plan of Coal 2006-2012, which will regulate the aid to the coverage of exceptional costs until December 31, 2012. However, when it is issued under Council Regulation (EC) No 1407/2002 of 23 July 2002, the scope of which is limited until 31 December 2010, the aid for the financial years 2011-2012 is subject to the following conditions: compliance with the new Community legislation which, where appropriate, is adopted and the conditions and criteria to be established are complied with.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, prior to the report of the Ministry of Economy and Finance, in agreement with the State Council and after deliberation by the Council of Ministers at its meeting on of March 2010,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

the purpose of this royal decree is to regulate the direct grant of aid for the coverage of exceptional costs in place of the free supply of coal from the date of compliance with the age of the Ordinary retirement and up to 75 years of age, within the framework of the "National Plan of Strategic Reserve of Coal 2006-2012 and New Model of Integral and Sustainable Development of the Mining Comarcas".

CHAPTER II

Aid scheme

Article 2. Purpose and singular character of the aid.

1. This aid for the coverage of exceptional costs is achieved by replacing the free supply of coal ('coal voucher ') to pre-retired workers or their widowed spouses, by an amount to be paid at one time in accordance with the provisions of the as provided for in Article 7.1 and paragraph 1 (e) of the Annex to Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry.

2. This amount shall be the subject of specific assistance by the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas (Institute), in accordance with the procedure and subject to the requirements and limits established in this royal decree.

3. They will be granted directly on the basis of their unique character, in the light of their public, economic and eminently social interest, resulting from the need to continue the process of restructuring the coal industry and its obvious social impact, and under the provisions of Articles 22.2.c) and 28 of Law 38/2003, of 17 November, General of Grants.

4. They shall not be compatible with other aid granted to beneficiaries for the same purpose or purpose by any public or private, national or international public administration.

Article 3. Time limits.

Subject to the provisions of the first provision, in respect of the adequacy of the aid scheme to the Community rules, aid for exceptional burdens resulting from restructuring and rationalisation schemes regulated in this royal decree shall be granted to workers who have agreed to pre-retirement from 1 January 2006 until 31 December 2012.

Article 4. Beneficiaries.

1. Such aid may be granted to private mining undertakings which have or have had aid to cover losses of current production in accordance with Articles 4 and 5 of Regulation (EC) No 1407/2002. Council of 23 July 2002, meeting the requirements laid down in Article 7 and provided that they replace the coal voucher with a single payment as provided for in this royal decree.

2. According to the nature and purpose of the aid provided for in this royal decree, which relate to the coverage of exceptional charges in favour of workers, the undertakings benefiting from the aid are expressly exempted from the aid. the requirements laid down in points (b), (e) and (g) of Article 13.2 of Law 38/2003 of 17 November.

Article 5. Funding.

The aid for exceptional burdens covered by this royal decree will be financed from the budget appropriations of the Institute for the Restructuring of Coal Mining and Alternative Development of the Comarcas. Miners, in force in each financial year.

Article 6. Applicable legal regime.

The aid referred to in this royal decree, in addition to its provisions, will be governed by the provisions of Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the industry of the In the case of the coal industry, as well as in Law 38/2003, of 17 November, General of Grants, Law 47/2003 of 26 November, General Budget, Law 30/1992 of 26 November, of Legal Regime of Public Administrations and of Procedure Administrative Common, Royal Decree 887/2006, by which the Regulation of Law 38/2003, of 17 of the November, General of Grants, and other legislation that is applicable.

CHAPTER III

Requirements and quantification of aids

Article 7. Requirements.

1. Companies will be able to apply for exceptional cost coverage to replace the free coal supply in favour of:

(a) Pre-retired workers under Royal Decree 808/2006 of 30 June establishing the scheme of aid for labour costs by means of pre-retirement pensions, which they were receiving while they were in asset the so-called "coal voucher".

(b) The spouses or, in their absence, children under the age of twenty-six, of the pre-retired persons referred to in point (a) if they have passed away prior to the application for this grant.

2. Companies applying for such aid for exceptional burdens inherited from the past for pre-retired workers or their widowed spouses (children under the age of twenty-six) must certify the circumstances required by the Previous section.

Article 8. Criteria for the quantification of aid.

1. The replacement of the "carbon voucher" by a single amount to be collected for one time will be performed according to the following criteria:

(a) Pre-retired workers who meet the requirements of Article 7.1.a) shall be paid, upon entry into the pension system, in addition to the figure of € 216,36 per year during the pre-retirement period provided for in Royal Decree 808/2006 of 30 June 2006, an amount for one time, equivalent to EUR 216,36 /year for the number of annuities which it has reduced from its physical age of ordinary retirement, up to the age of 75 physical years.

The number of annuities will be obtained by estimating the fraction of the year as a unit. To calculate this current value, a 2 percent annual revaluation will be applied from the physical age of the ordinary retirement and a discount rate of 6 percent per year will be applied to the date of incorporation into the pre-retirement plan. The amounts corresponding to the application of these parameters are those contained in the annex to this royal decree.

(b) To the spouses who are beneficiaries or, failing that, children under the age of twenty-six, of deceased pre-retired workers who fulfil the conditions laid down in Article 7.1 (b), they shall be paid at one time equivalent to EUR 216,36 /year for the number of annuities subtracting them from the date of application for the aid, until the right holder has reached 75 years, with a limit of 10 annuities.

CHAPTER IV

Procedure

Article 9. Request.

1. Applications from beneficiaries wishing to benefit from such aid must be submitted before 15 February of each annual financial year, before the President of the Institute, in any of the forms provided for in Article 38.4 of the Law. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Together with the application, the documentation described in Article 10 shall be provided.

2. The application must be referred to the staff of the undertaking which has acceded to the pension system at 31 December of the year preceding the year in which the aid provided for in this royal decree is applied for.

Article 10. Documents to accompany the request.

1. The applications, in addition to containing the information required by Article 70.1 of Law 30/1992, of November 26, will be accompanied by the following documentation:

a) Responsible statement in which it is manifest that they have not been requested, are intended to request or have been obtained other aids with the same object.

b) Nominal ratio and Fiscal Identification Number of "coal voucher" recipients identified as provided for in Article 7.1.

(c) Certificate of the company in which it is established that each of the pre-retired persons or spouses of deceased pre-retired persons appearing in the nominal relationship accompanying the application is in receipt of the "coal voucher" of the asset, and complies with the rest of the requirements required by Article 7 of this royal decree. The certificate shall contain the acceptance of the pre-retiree, or where appropriate, of the beneficiary spouse.

d) Death certificate, where applicable.

e) Opening, identification and communication to the Institute, of a current account of a finalist character, specifically for the payment of these aids. The aforementioned account identified as "the company's account for the payment of the aid for the" coal voucher " will be opened in the financial institution in which the company usually pays the payroll. The costs incurred in the maintenance of this current account shall be borne by the undertakings receiving the aid.

2. If the application or the documentation provided does not meet the required requirements, the person concerned shall be required to submit, within 10 working days from the date of receipt of the request, the absence or accompanying of the documents. (a) with a warning that if it does not do so, it shall be given the withdrawal of the application on the basis of a judgment given in accordance with Article 71 of Law No 30/1992 of 26 November.

3. In accordance with the provisions of Article 23.3 of Law 38/2003 of 17 November, the persons concerned may not provide the documents held by the Institute under the provisions of Article 335f of Law No 30/1992 of 26 May 1992. November.

Article 11. Instruction of the aid.

The competent authority for the instruction of the concession procedure will be the Manager of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, which will examine the applications and documents annexed to it and shall make the request for any clarification it deems necessary, requiring the person concerned to remedy the absence or present of the required documents within the time limit referred to in Article 10.2.

Article 12. Proposal and Resolution.

1. The Institute Manager will raise the draft resolution to the President of the Institute. Such a proposal shall be notified to the applicants for the aid, so that within 10 working days from the day following that of the receipt of the notification, they shall express their acceptance or make the arguments they deem appropriate. In the event of full acceptance without allegations, the proposal will be considered final. It shall be understood that the aid is waived if the period granted for this purpose has not been accepted or the appropriate claims have been made.

2. The President of the Institute shall decide within the maximum period of six months from the submission by the applicants of the documentation necessary for the approval of the aid, by means of a decision to be notified to the interested parties. to the provisions of Articles 58 and 59 of Law 38/2003 of 17 November.

3. If no express resolution has been passed within that period, the grant of the aid may be deemed to be dismissed as provided for in Article 25.5 of Law 38/2003 of 17 November.

4. The decision, duly substantiated, shall terminate the administrative procedure and shall include the nominal ratio of the pre-retired or the widowed spouses of the aid and the individual amount of the aid.

Article 13. Justification and payment of the aid.

The payment of the aid for the coverage of exceptional costs in place of the free supply of coal, except as provided for in the second provision of this royal decree, will be carried out in the light of the next:

(a) The amount of the aid shall be entered into the final account of a finalist opened by the beneficiary mining company, which shall have a period of 30 working days from the date of notification of the aid. appropriate transfer, to make the payment to those concerned.

(b) Once the amount individualized by pre-retired persons and spouses or beneficiaries affected is withdrawn, the company shall transmit to the Institute the documents supporting the collection, in original or photocopy photocopy, signed individually for each of the recipients, within the meaning of Article 30 of Law 38/2003 of 17 November. In the event that the pre-retiree dies after the application for the aid, the individual amount may be withdrawn by his or her spouse, or failing that, by his or her legal heirs.

(c) If the individual amount is not withdrawn within the period specified above, the beneficiary undertaking must inform the Institute to proceed to its subsequent reimbursement.

(d) The maximum period for the submission of the justification shall be one month from the end of the time limit set for the payment to the concerned, except in the case referred to in the final subparagraph of paragraph (b) of this Article. precept, in which case it shall be three months.

CHAPTER V

Tracking and Control of Aids

Article 14. Information.

The Institute may ask the petitioners for the aid as much technical, employment and accounting information as necessary to exercise the appropriate control over the grant.

Article 15. Non-compliance and drawback.

1. Any alteration of the conditions taken into account for the granting of the aid, and, in any event, the concurrent collection of grants or aid granted by other public or private, national or public authorities, or International, which are incompatible, will result in the modification of the grant resolution.

2. The recovery of the amounts received and the requirement of interest for late payment from the time of payment of the subsidy up to the date on which the refund is agreed, in the cases provided for in Article 37, shall be recovered. of Law 38/2003, of 17 November, General of Grants.

3. In any event, the graduation of the non-compliance with the conditions laid down in the decision granting the aid and, where appropriate, the corresponding drawback, shall be carried out in accordance with the principle of proportionality.

Article 16. Collaborating Entities.

The Institute may contract for the management and payment of such aid, through a transparent and non-discriminatory objective procedure, to one or more collaborating entities, which shall be subject to the provisions of Law 38/2003, of 17 November, General of Grants. The scope of action of such collaborating entities may be provincial, regional or national.

Additional disposition first. Authorisation of the European Commission.

The aid for the financial years 2011-2012 is conditional on its compliance with the Community rules which, where appropriate, is given on State aid to the coal industry as from 31 December 2010. In the event that State aid is authorised for that period, but the conditions and criteria laid down by Community legislation are incompatible with those laid down in this regulatory rule, the effect of the amendment will be to preserve, at the same time, the granting of aid and the observance of Community rules.

Additional provision second. Granting of aid to pre-retired coal mining companies whose extractive activity would have ceased.

1. The Institute within one year from the entry into force of this royal decree will resolve the granting of these aids to the coverage of exceptional costs in favor of the pre-retired workers of the coal mining companies, to which refers to Article 4.1, the extractive activity of which has ceased; provided that the requirements for access to the grant are met and subject to the provisions of Articles 7.1 and 8 of this regulatory standard.

2. This provision shall apply only to workers who have acceded to the Pre-Retirement Plan under Royal Decree 808/2006 of 30 June 2006.

First transient disposition. Transitional arrangements for aid under the Order ECO/239/2004 of 5 February.

The granting procedures initiated pursuant to Order ECO/239/2004 of 5 February on aid to the coal industry, corresponding to those provided for in Article 7 (1) of the Treaty, and the (1.e) of the Annex to Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry, which are pending for a decision on the entry into force of this royal decree, shall apply to them the provisions referred to in this Order ECO/239/2004 of 5 February, as a rule in force at the time of its commencement.

Second transient disposition. Application for aid for the years 2006, 2007, 2008 and 2009.

The time limit for the submission of applications for aid to cover exceptional costs in place of the free supply of coal for workers who had agreed to pre-retirement under the terms of the Granted in the years 2006, 2007, 2008 and 2009 will be one month, from the day following the day of the entry into force of this royal decree.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of Article 149.1.13ª of the Constitution, which attributes to the State the competence on the basis and coordination of the general planning of economic activity.

Final disposition second. Regulatory development.

The Minister of Industry, Tourism and Trade, within the scope of his powers, may dictate the necessary provisions for the development of what is established in this royal decree.

Final disposition third. Application and execution of the royal decree.

The competent bodies of the Ministry of Industry, Tourism and Trade and the public bodies which are dependent and competent in this field shall take the necessary measures to implement and implement the provisions of this Directive. decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 15, 2010.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON

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