The 2006-2012 National Strategic Plan for the Strategic Coal Reserve and the New Model for Integral and Sustainable Development of the Mining Comarcas develops the policy on the restructuring of the coal sector and the development of the (a) the regions concerned by such restructuring during that period. An important part of this plan is dedicated to the aid scheme for access to coal reserves. Moreover, Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry, which runs until 31 December 2010, constitutes Community legislation directly applicable to the aid scheme. to the operation of coal companies. Likewise, Law 38/2003, of 17 November, General of Grants and its Regulations, approved by Royal Decree 887/2006, of July 21, constitute the legal framework of any grant that is granted in Spain. Order ITC/1188/2006 of 21 April 2006 lays down the regulatory basis for operating aid to the coal industry for the period 2006-2007 and its validity therefore ends on 31 December 2007. It is therefore necessary to regulate the bases of operating aid to the Spanish coal producing companies for the period 2008-2010, which is the object of this order, which, as explained above, must be covered by the a framework formed by the 2006-2012 National Strategic Reserve Plan for Coal-2012 and the New Model for Integral and Sustainable Development of the Mining Comarcas, Council Regulation (EC) No 1407/2002 and the General Law on Subsidies and, taking into account the experience gained in the application of Order ITC/1188/2006 of 21 April 2006, and 2007 and the consequent need to incorporate the appropriate amendments to improve the functioning of this aid scheme. In order to lay down the principles which must be reflected in this order of bases, it should be noted first of all that there is a change in the nature of the aid, since the aid will disappear from 1 January 2008. covered by Article 4 of Regulation (EC) No 1407/2002, as provided for in Article 6 of the Community's own noma. It should also be recalled that the specific aid under this order is granted under Article 5 (3) of Regulation (EC) No 1407/2002 and therefore compliance with the same regulation requires the search for the best possible prospects. to ensure access to a strategic reserve. There is no doubt, moreover, that since the signing of the aforementioned plan and during the life of Order ITC/1188/2006 of 21 April, the technical, economic and human parameters that shape the reality of the sector have undergone an evolution that In many cases, the maintenance of the current productive structure makes it very difficult for companies to survive in the medium or long term, due to the great economic and human resources needed to guarantee access to the coal through underground exploitation, in an environment of aid and declining human resources, such as how the restructuring and concrete process itself imposes Regulation (EC) No 1407/2002. Therefore, in order to have a realistic scenario of certainty for the companies and workers affected, with the agreement of all the parties to the Plan, an amendment has been allowed in the business structures that allow access to the indigenous strategic coal reserve by strictly complying with the requirements of Regulation (EC) No 1407/2002 and, as far as possible, adjusting to the objectives set out in the repeated plan. Given that there has been an important readjustment in the production structures of some mining companies, the unit costs of 2008 will not be, in the companies concerned, comparable to those of previous years, an important aspect to be considered and which also advises to facilitate the planning of undertakings in this transitional year, the fixing of maximum aid per unit of production in an annex to this order. According to Law 38/2003 of 17 November, General of Grants, these aids will be dealt with under competitive competition; however, the fact that all the beneficiaries are granted that they meet the requirements demanded by the It makes it necessary to provide, in accordance with the provisions of the final paragraph of Article 22.1, that the competent body shall, among the beneficiaries of the grant, extend the maximum overall amount allocated to them. The rest of the modifications, which introduces this order regarding the Order ITC/1188/2006, of April 21, come from the experience in its application, which advise certain additional retouches in the present. They therefore constitute the regulatory framework for this order, Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry; Law 38/2003 of 17 November 2002, General for Subsidies, the Royal Decree of 17 November 2002 on State aid to the coal industry. Decree 887/2006 of 21 July, approving the Regulation of Law 38/2003 General of Grants, Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as, Law 47/2003 of 26 November, General Budget. In its virtue, I have:

First. Object and temporal scope. 1. The purpose of this order is the establishment of the regulatory bases 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 Regulation (EC) No 1407/2002 of the Council of 23 July 2002 on State aid to the coal industry.

2. This order provides for the granting of aid for the period from 1 January 2008 to 31 December 2010.

Second. Purpose of the aid.

1. The aid provided for in this order, in accordance with Article 5.3 of Council Regulation (EC) No 1407/2002, is intended to cover, in whole or in part, losses in the production of local coal, which is intended for the generation of electricity, from the production units of coal mining companies, to the tonnages which are related in the annexes to the relevant calls. Exceptionally, the tonnages for the financial year 2008 are listed in the Annex to this order.

2. For the purposes of this order and in accordance with the aforementioned Regulation (EC) No 1407/2002 and Commission Decision 2002/871/EC of 17 October 2002 establishing a common framework for the communication of the necessary information for the application of Council Regulation (EC) No 1407/2002 on State aid to the coal industry, it is understood:

(a) By unit of production, the set of the places of coal extraction and of the infrastructures that give them service, underground or open sky, that can produce raw coal independently of other units. The production costs and losses of the current production must be calculated for each production unit.

(b) By losses of current production, the positive difference between the cost of production of the coal covered by the aid provided for in this order and the selling price to the delivery agreed freely between the parties contracting, taking into account the conditions prevailing on the world market. (c) For production costs, those related to the current production of the coal covered by the aid provided for in this order, calculated in accordance with Article 9.3 of Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry. These costs are covered, in addition to the extraction operations, the coal conditioning and, in particular, the washing, calibration and selection, as well as the transport to the delivery point. In accordance with Article 9.3 of Regulation (EC) No 1407/2002 and Decision 2002/871/EC, undertakings shall include in the calculations of production costs normal depreciation as well as interest on capital. borrowed. For the purposes of calculating the aid, the remuneration of own funds as provided for in paragraph 5 of this order shall also be considered.

Third. Requirements of the beneficiaries.

1. Aid may be granted to coal mining companies which, having been beneficiaries in the previous year, maintain production units by underground mining, or by means of open pit mining, in the thermal coal is produced in the tonnages which are related in the annexes to the corresponding calls, and provided that the production costs of such coal exceed its revenue from the sales of that coal.

2. For the granting of the aid referred to in this order, the mining companies must prove to the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas:

(a) Compliance with the requirements laid down in Article 13 of Law 38/2003 of 17 November, General of Grants, as set out in Section Quart.3 of this order.

(b) Statement responsible for the supply of coal to electricity generating undertakings from the production units, which are listed in the Annexes to the relevant calls. (c) Certificate of the competent mining authority, dated 31 December 2007, of ownership or document of the rights of lease of the mining concessions in which the production units listed in the corresponding annexes. (d) to have a validly signed contract for the supply of coal with some or some thermal power plants installed on peninsular territory, or letters of commitments signed between the two parties, for the year in which the aid is requested by production for an amount equal to that in the annexes to the respective calls. (e) Disposal of duly audited annual accounts. It is understood that the accounts are duly audited when, in the event of uncertainties or caveats, they are duly quantified in such a way that they do not impede the determination of costs, in accordance with Regulation (EC) No 1407/2002 of the Council. In addition, the separation of coal mining profit and loss accounts, segregated by production units, will be required from accounts for any other activity carried out by the company. (f) Have sufficient economic viability. To this end, the accounts for the coal mining operation in respect of the other economic activities of the mining company shall be disaggregated in the balance sheet. Once the accounts have been disaggregated, it shall be verified, in relation to the account that collects the coal extraction activity, that the sum of the items corresponding to the foreign resources (excluding the provisions for SRE and restorations) represent a maximum of 70% of the value of the liability. For these purposes, the accounts will also be duly audited, it being understood that the existence of uncertainties or caveats will be duly quantified for the determination of the requirement for a percentage of the total value of the own funds and total liabilities.

Fourth. Procedure.

1. The procedure for the grant of the grant shall be initiated, for each financial year, by means of a call for a decision approved for the purpose by the President of the Institute for the Restructuring of Coal and Development Alternative of the Mining Comarcas.

2. The companies which, meeting the conditions required in this order, wish to avail themselves of these aids, will submit their application, with the documentation to accompany it, within the period indicated in the call, addressed to the President of the Institute, and in any of the forms provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. 3. Applications shall be made by groups of production units for each undertaking and shall contain the information required by Article 70.1 of that Law No 30/1992 of 26 November and shall be accompanied by:

(a) Statement responsible for not being incourses in the prohibitions to obtain the status of beneficiary as set out in paragraphs 2 and 3 of Article 13 of Law 38/2003 of 17 November.

(b) Certifications issued by the competent bodies of the payment of the tax obligations and the social security, in accordance with the provisions of the provisions in force in the field of grants. (c) the corporate, technical and proxy documentation that ensures compliance with the requirements set out in this order. (d) the information referred to in paragraph 6 of this order on the forecast of revenue and costs and on the quantification of the aid applied for, which shall be the negative difference between revenue from the sale of thermal coal and associated costs. (e) the documentation necessary for the verification of compliance with the requirements set out in the third subparagraph of this order. (f) a responsible declaration on other aid which, for the same purpose, has been applied for, is intended to be applied for or obtained.

4. If the application does not meet the required requirements, the person concerned shall be required to remedy the absence within the maximum period of 10 days, indicating that failure to do so shall be the result of the withdrawal of his application, in accordance with the provisions of the established in Article 23.5 of Law 38/2003 of 17 November.

The Institute may also require any additional information necessary for the assessment of applications. 5. The assessment committee referred to in paragraph 11 of this order shall consider the reports on applications to be drawn up by the Institute's operating area and shall reflect in the minutes its favourable or negative report, which shall include the amount of the aid that is proposed. 6. The Manager of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas will formulate the proposal for a provisional resolution, duly motivated, giving a period of ten working days, counted from the following at the time of receipt of the notification, in order to claim or accept it in full. The Secretary-General of the Institute shall notify the draft provisional resolution. If full acceptance is produced without allegations, the provisional proposal will be considered as final. In the event of allegations being received, the Valuation Commission shall decide on the claims. In the latter case, or in the event that no reply is received within the prescribed period, the Institute Manager shall make the final proposal for a final decision, duly substantiated, giving a period of 10 working days, counted to from the next to the receipt of its notification, in order to accept it in full, it being understood that it did not request acceptance within that period. The Secretary-General of the Institute shall notify the proposed final decision. 7. After acceptance within the prescribed time-limits, the economic processing of the undertaking shall be initiated, and the President of the Institute or the body to whom he delegates shall make a decision, stating that the administrative route is terminated. The Secretary-General of the Institute shall notify that decision. 8. The decision to grant aid shall show that the aid is granted for access to coal reserves, that is to say, that they are covered by Article 5 (3) of Council Regulation (EC) No 1407/2002. 9. Payments will be made in twelve parts, with the processing starting at the beginning of the month. Prior to the recovery of the aid, the beneficiaries will have to present the certificates issued by the competent bodies for the payment of the tax or social security obligations imposed by the Member States. provisions in force. 10. The Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas will not proceed to the payment of the pending aid, when the fulfillment of the information requirements cannot be verified, refers to the ninth paragraph of this order, or where the information provided is derived from the need to justify the supply.

Fifth. Concession scheme.-The aid covered by this order, which is dealt with under competitive competition, will be granted to beneficiaries who fulfil the conditions required.

According to Law 38/2003 of 17 November, General of Grants, these aids will be dealt with under competitive competition; however, the fact that all beneficiaries are granted requirements required by the rule makes it necessary to provide, in accordance with the provisions of the final paragraph of Article 22.1, that the competent body shall, among the beneficiaries of the grant, extend the maximum overall amount to the maximum intended for the same. Sixth. Amount of aid. Estimation for the concession.

1. The tonnages to be used for the financial year 2008 shall be those specified in the Annex to this order. The years 2009 and 2010 shall be specified in their respective calls.

2. The help that will be given to each private company will be the least of the following:

a.1) For the financial year 2008, the sum of the aid corresponding to the production units of each undertaking listed in the Annex.

a.2) For the financial years 2009 and 2010, it will be the sum of the aid corresponding to the production units of each company, calculated according to the reduction of 1,25% per year in underground mining and 3.25% per year in open-pit mining, increased by 2% (forecast consumption price index). If the actual Consumer Price Index were higher than the forecast by more than 50 percent, the aid will be revised to reflect 70 percent of that 2 percent percentage difference.

In addition, the aid will be reduced proportionally by the necessary production reductions until the annual global reduction authorised by the European Commission is achieved.

In the case of capacity reduction in some production unit, the new aid would be equal to the product of the new tonnage for the pre-reduction unit aid, increased by 20% of the aid corresponding to the the reduced tonnes, as a result of higher fixed unit costs. If in addition, in the company there was a modification of the template, in the ratio of 4 ups for 9 casualties, the increase of the aid indicated in the previous paragraph would be 25 percent. Such an increase shall be conditional on the new additions being maintained for at least four years or until the closure of the production unit concerned, with the exception that they shall not take into account the new additions. workers who can access pre-retirement in the four-year period.

b) The one requested by the company, obtained as the sum of the corresponding to each of its production units, according to its forecast of costs and revenues. 3. If the above calculation criteria were applied, the resulting total amounts exceed the amount of aid authorised in the call, the amount of aid to the various production units would be reduced proportionately, to achieve this limit by reducing production capacity.

4. The undertaking which has applied for the closure of one or, where appropriate, several units of production, shall declare it in its application and shall take account of it in the calculation of the aid which it requests, in order to ensure that the aid corresponds to the losses, within the financial year, up to the time of closure. The date of closure shall be the same as the date of the application for aid to offset the costs of the closure. 5. The calculation of the aid to be requested shall be carried out taking into account the following:

(a) Commission Decision 2002/871/EC of 17 October 2002 lays down in Articles 3, 4 and 5 the forms of forms in which the economic information is communicated to the European Commission. These forms, which appear as annexes to that decision, make it possible to determine the cost of production and must be provided, duly completed, with the aid application.

(b) The costs of production of thermal coal, duly differentiated from other costs incurred by the company through separate accounts, shall include:

1. The Cost of Labor.

2. The Cost of Supplies. 3. Direct Amorations. 4. Capital Service. 5. Transport costs to the delivery point. 6. General expenses of the company. 7. Other costs, specifying their nature.

The capital service item shall include interest on the capital provided in the Loss and Earnings account, as well as the remuneration for equity capital, calculated on the basis of the funds registered by the application of rates based on market interest rates. For the purposes of the calculation of aid, it is determined that only 65% of the actual non-materialised 'exhaustion factor' is included in the own funds. Own funds shall be remunerated, as a fixed income, with an annual percentage equal to the average of the previous year of the remuneration of the 10-year Treasury obligations plus 3.5 percentage points.

If other coals other than those delivered to the plant or thermal power plants, which are not supported, are produced, the corresponding costs shall be determined separately, once the indirect costs of extraction have been prorated. and transport to laundry. Only the part of the cost of thermal coal in accordance with the second subparagraph of this order shall be the subject of aid. (c) The determination of the aid to be requested shall be made by difference between the unit costs of coal production and the unit revenue provided for by the sales of that coal to thermal power stations, multiplied by the supply intended for aid, after having regard, where appropriate, to the voluntary reductions in respect of which aid has not been paid for exceptional costs, and taking into account the provisions of the last subparagraph of point (b) of this Article. paragraph. The assessment committee referred to in paragraph 11 of this order shall review the calculations enabling the aid requested to be determined.

Seventh. Competent bodies.

1. The competence for the planning and instruction of the procedure corresponds to the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas. The body responsible for issuing the resolution on the application of the aid is the President of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, without prejudice to the delegations granted in this field. That resolution shall put an end to the administrative route.

2. The time limit for resolving and reporting shall be six months from the closing of the call, in accordance with the additional provision of Law 38/2003, paragraph 2, paragraph 2 of 17 November. In any event, if there is no express resolution within that period, the granting of the aid may be deemed to be rejected in accordance with Article 25.5 of that law. 3. The notifications shall be made in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992.

Eighth. Justification for the grant and individual regularisation of aid: Criteria for the graduation of non-compliances.

1. Self-financing of the aid. -Before 15 July 2009, 2010 and 2011, the companies will submit to the Institute a self-financing for the previous year, which will take into account the actual revenue and costs of the aid. deliveries of thermal coal.

The liquidation of the aid shall be carried out on a global basis, for all the production units of the company in the formats provided for in Decision 2002/871/EC of the European Commission, and in accordance with the provisions of the Regulation. (EC) No 1407/2002. The method of calculation shall be the same as laid down in the sixth paragraph of this order, but the data used shall be those which have resulted in the actual costs and revenue of the thermal coal in the annexes to the calls. which will be broken down by other costs and revenues and which will be based on the information in the approved and duly audited annual account.

a.1) In the event that the company's supplies of global aid have been met, or if the default of such supplies is less than a tolerance for aid of 15%, the Commission will not be required to one hundred or that, being superior, due to causes of force majeure, there will be no liquidation for this reason. On the other hand, if the default failure of the supplies exceeds the said tolerance and cannot be attributed to force majeure or to other reasons accepted by the valuation commission, the aid to be liquidated will be the result of the following formula:

Help to liquidate = (Aid granted * actual supply)/(0.85 * object supply)

a.2) A 15% tolerance is also established for the production objectives of each unit of production, which may be obtained from another unit of the same company which has not received any aid. the reduction in previous years. In the case of exceeding that tolerance, the aid to be liquidated in each production unit exceeding the tolerance shall be calculated as follows:

Help to liquidate = (Unit Help * Actual Supply)/(0.85 * Supply Object)

The liquidations referred to in paragraph (1) and (2) shall not be cumulative. (b) Liquidation by difference in costs and revenue. -If the aid exceeds the difference between revenue and costs of an undertaking, the amount in excess of that difference shall be recovered.

c) Liquidation for other reasons. -For any other cause of drawback, the general rules shall apply, taking into account that the assessment of the existence of force majeure and the acceptability and the subhealing of other reasons the Valuation Commission referred to in paragraph 11 of this order. In any case, the causes of force majeure are those that are outside the scope of the business of the company; this excludes technical problems linked to the holdings or possible labor conflicts that arise in the non-compliance with supplies. The Institute shall compare the aid granted with the aid calculated and shall manage the corresponding refund if it proceeds. The management of the corresponding drawback shall be carried out, where the actual losses of the current production are lower than the aid granted. Such reimbursement shall be carried out in accordance with the provisions of Title II of Law 38/2003 of 17 November.

2. Regularisation during each financial year on the basis of supplies.-Individual aid shall be adjusted by applying the corresponding reductions within the same financial year:

(a) In the case of those undertakings which, within the financial year, reduce their supply by way of amendment of contracts, as a result of the closure of one or, where appropriate, several production units, the aid shall be reduced by the amount corresponding to that or those production units and shall be applied on a monthly basis as from the date of such amendment.

(b) In the case of total closure of the extractive activity of the undertaking, the aid shall be extinguished either from the date provided for in the application for aid to cover exceptional charges arising from the closure; or the date of termination of the withdrawal, in the event that such termination would have been earlier than that date or that no aid application would have been made to cover those exceptional charges. (c) If any production unit definitively reduced the capacity of coal to be delivered, its new aid would be equal to the product of the new tonnage for the pre-reduction unit aid, plus 20% of the aid corresponding to the reduced tonnes in terms of higher fixed unit costs. In the special case of modifying the template in the ratio of 4 ups per 9 casualties, the increase would be 25 percent. This increase shall be conditional on the new template being maintained for at least four years or until the corresponding production unit is closed. Should there be any subsequent voluntary reductions in capacity in the same production unit, within the same financial year, this type of improvement in unit aid would not be applied for the second time. However, if this type of improvement is to be applied to the production reductions of successive years, they will be used to adjust the production of the sector to those of the corresponding call resolutions.

3. Regularisation according to the authorisation of the European Commission. -In cases where the authorisation of the European Commission establishes a lower amount for the aid of the years 2008, 2009 and 2010, the Institute manage the corresponding refunds, which shall be processed in accordance with the provisions of Title II of Law 38/2003 of 17 November. Ninth. Control of the aid.-The beneficiary companies will be required to present to the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas:

(a) Monthly certificates of production, supplies, templates and stocks for each unit of production, as well as the invoices for supplies to thermal power stations and regularisations, if any, of the month following that corresponding to the data. If any production unit comprises two provinces, the data must be distributed between the two provinces.

(b) Specific information on the new employment generated, resulting from the possible modification of the template at a ratio of 4 high per 9 low, necessary to qualify for the increase of the aid provided for in paragraph 8, which shall be provided within one month from the date of the request. (c) Monthly information, where appropriate, on incidents related to production and supply, which shall be provided within the month following the month corresponding to the data. (d) All information relating to changes in the company within one month from the registration of such changes. e) Any other documentation required by the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, which must be submitted within one month from the date of the request.

10th. Compatibility. -In the event that other public authorities grant aid with the same purpose, the sum of the concurrent aid will not exceed the losses of current production eligible for such aid. If that limit is exceeded, the Institute in its role as the body responsible for granting the aid covered in this order will reduce the amount of the aid proposed until it places the sum of aid in the value of the losses of the aid. current production, in accordance with the provisions of Article 19.3 of Law 38/2003 of 17 November.

11th. Commission of Valuation. -The Commission of Valuation of the applications submitted under this order will be constituted by the Manager of the Institute who will preside it; three vowels representing the Unit of Restructuring, the Area of Exploitation and the Economic Management Service of Grants appointed by the Institute Manager; a vowel representing the Cabinet of the Minister; a vowel representing the Technical Cabinet of the General Secretariat of Energy; a vocal in representation of the Technical General Secretariat of the Ministry of Industry, Tourism and Trade; and the Secretary-General of the Institute who will act as a voice and vote secretary. The Commission shall have the status of a collegiate body and shall apply it to it in Chapter II of Title II of Law No 30/1992 of 26 November 1992. Twelfth. Advertising.-The aid granted under this order will be published in the "Official State Gazette", by means of a resolution of the President of the Institute for the Restructuring of Coal Mining and Alternative Development of the Comarcas Miners. Thirteenth. Failure to comply. -In the event of a total or partial failure to comply with the requirements set forth in this order, or the conditions to be set forth in the corresponding grant resolution, the provisions of Article 37 of Law 38/2003, of 17 November, without prejudice to the provisions of paragraph 8 concerning the graduation of the non-compliance with the conditions laid down in the grant decision.

Additional disposition first. Failure to comply with or breach of the social rights of workers in mining companies.

1. Coal mining companies which fail to comply with the rationalisation and restructuring plans agreed with the workers ' representation, under which the Institute approved the aid for labour costs, which is intended to finance (a) a reduction of the workforce by means of pre-retirement in accordance with Article 7 of Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry, or in breach of Article 7 of Regulation (EC) No 1407/2002; any form, the right to the pre-retirement of its employees in a particular exercise, they may not to receive the aid provided for in Article 5 of the said Community Regulation, for the duration of the non-compliance or infringement.

2. For these purposes, the plans for rationalisation and restructuring agreed with the representation of workers or in violation of the right to pre-retirement in a particular exercise shall be deemed to be non-compliant:

(a) The business refusal, upon request of the worker, to ask the Institute for aid for occupational costs for pre-retirement in the year in which it can prove all the required requirements or, Business refusal to submit to the Institute the necessary documentation to approve the aid.

(b) The business refusal to request and instruct, before the corresponding labour authority, the authorisation to terminate the employment relationship in the company's employment regulation file, after the aid has been approved by labour costs for pre-retirement, even if there may be technical, organisational or production causes to justify this non-compliance. (c) the business refusal to make use of the authorisation granted by the relevant labour authority in the company's employment regulation file, even if there may be technical, organisational or production causes which justify such non-compliance.

3. The worker affected by any of these business decisions, or the union headquarters that are signatories to the 2006-2012 National Strategic Plan for Coal Strategic Reserve and New Model for the Integral and Sustainable Development of the Mining Comarcas, may require the Institute to apply this measure within one month of the occurrence of a business refusal which prevents the effective exercise of the right to pre-retirement.

The Institute after verifying the fulfilment of the objective requirements that generate the worker's right, will inform the mining company that it has left this right of its workers without effect, that it will not proceed to the payment of the aid covered by Article 5 of Council Regulation (EC) No 1407/2002, for the duration of the non-compliance or infringement.

Additional provision second. Modification of Individual Plans.

If any of the companies that have not done so for the financial year 2008 decided to modify their production structure by varying the proportion of their coal's origin, they will have to apply to the Institute for Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, who will be able to attend to the request of the Monitoring Committee. In this case, for these companies in the financial year in which the restructuring takes place, the second subparagraph of paragraph 6 of this order shall not apply, but the amount to be fixed by the relevant decision.

Additional provision third. Production units.

If any mountain exploitation requires for its continuity, for reasons of safety or other duly justified reasons, the opening of the holding open, it must inform the Institute for the Restructuring of the Mining of Coal, which will request a report from the Monitoring Committee, before adopting the relevant resolution.

Additional provision fourth. Mining public companies.

The adjustments provided for in paragraphs 6 and 8 shall not apply to public undertakings, to which the scheme of their specific plan authorised by the European Commission shall apply.

Additional provision fifth. Authorisation of the European Commission.

The aid provided for in this order requires the authorisation of the European Commission. In this respect, Article 9.1 of Law 38/2003 of 17 November will be available.

Additional provision sixth. Sub-committee on Employment Adaptation.

The Subcommission of Labor Adaptation, foreseen in the National Plan of Strategic Reserve of Coal 2006-2012 and New Integral and Sustainable Development of the Mining Comarcas, will be able to propose to the Institute for the Restructuring of the Mining of Coal and Alternative Development of the Mining Comarcas, the review of aid granted if the degree of compliance with the objectives in the field of work, related to the increase of the staff, was considered negative and in breach of individual plans.

Final disposition first. Competence title.

This order is dictated by the exclusive powers that Article 149.1.13. of the Spanish Constitution attributes to the State.

Final disposition second. Entry into force.

This order shall enter into force on 1 January 2008, with the exception of paragraph 2 (f) which shall enter into force on 1 January 2009.

Madrid, 14 December 2007.-The Minister of Industry, Tourism and Trade, Joan Clos i Matheu.

High Bierzo, S.A.

High Bierzo, S.A.

7.739.58

Maximum production unit
	Production Unit	Supply Object	Maximum Help (k€)
Alto Bierzo, S.A.	High Bierzo (1) (Subterranea)	80,000	3.194.78
Bierzo, S.A.	Malaba (Subterranea)	32.100	949.17
23,400	23,400	691.87
Viloria (2) (Subterranea)	42,000	1.764.20
High Bierzo, S.A.	Charcon (1) (Open Sky)	45,400	839.93
	High Bierzo, S.A.	Rebollal and Pico (2) open)	55,000	1,097.34
Bierzo, S.A.		27,800	321.59
Brothers, S.A.	Subterranea (3)	10,800	524.07
, S.A.	Open Sky (3)	45,000	45,000	1,260.00
Unica (Subterranea		243,200	7.739.58
Arlanza, S.A.	Unica (Subterranea)	25,000	839.67
Carbones, S.L.	Maria Luisa (4) (Subterranea)	12,000	426.26
Linar Carbones, S.L.	Generalwings (4) (Subterranea)	8,000	284.17
Unica (Subterranea)		3,400	115.66
Carbones San Isidro and Maria, S.L.	Unica (Underground)	23.397	899.01
Teruel Mining General Company, S.A.	Single (Open Sky)	167,000	940.02
Carbonifera Enterprise (ENCASUR), S.A.	Puertollano (Open Sky)	635,700	5.665.17
Carbonifera Enterprise (ENCASUR), S.A.	532,200	532,200	532,200 Table_table_der" >6.337, 29
Endesa Generation S.A.	Unica (Open Sky)	860,000	3,612.61
and Diez, S.A.	Sorriba (5) (Subterranea)	43,000	944.17
Gonzalez and Diez, S.A.	Armayan (5) (Subterranea)	103,000	2.261.62
Children of Baldomero Garcia	Unica (Subterranea)	73,000		Hullas del Coto Cortes, S.A.	Hullas del Coto Cortes, S.A.
	352.840		13.177.11
Hullas del Coto Cortes, S.A.	Open Sky	86.160 (6)	526.75 (6)
S. A. Basque Coal Leonesa	Subterranea	800.100	39.950.79
S. A. Basque Coal Leonesa	Open Sky	275,200	3.993.47
	Unica (7) (Subterranea)	94,000	2.842.91
Segre, S.A.	Single (Underground)	43,000	1,194,14
Ponferrada Steel Mining, S.A.	Underground (8)	300,000	21.255.00
Mining Ponferrada, S.A.	Open Sky (9)	664.250	22.622.68
S. A. Catalan Aragonesa miner	Subterranea	642,500	16.798.06
S. A. Catalano Aragonesa Mining	Open Sky	1.184,800	3.767.87
	60,000	60,000	3.570.00
Mining Union, S.A.		670,000	39.865.00
	Union Mining North, S.A.	Northwest (11) (Open Sky)	1.441.136	34.078.71
	Palence (Sky open)	31,400	454.69
Hulleras, S.A.	217,000		14.772.00
Sueros (12) (Subterranea)	250,000	23.120.00
Hulleras, S.A.	Carrio (Subterranea)	111,000	111,000	8.321.00
Hulleras, S.A.	Modesa (13) (Underground)	214,000	21.875.00
Hulleras, S.A.	Candin (Subterranea)	109,000	10.527.06
				(1) This production unit comes from the High Bierzo segregation underground. (2) This unit of production is the concentration of work in Viloria underground. (3) This unit comes from the segregation of Campomanes Hermanos (unique). (4) This unit comes from the segregation of (single) Linar Carbones. (5) This unit comes from the segregation of Sons of González and Diez (only) (6) The increase in tonnage from 14,400 t, as well as from aid corresponding to that increase, is conditional on the firm recovery of the reduction aid of the activity provided by the Secretariat of State for Industry and Energy, dated 1 December 1998. (7) This unit of production comes from the work of the Virgen del Pilar, Sant Jordi and Tres Amigos units. (8) This unit of production comes from the concentration of the work of the underground units of Ibias and Villablino. (9) This unit of production comes from the concentration of work of the units to the open Cielo de de Ibias and Villablino (10). This unit of production comes from the concentration of the underground units of Bierzo Alto, Fabero-Sil, Villablino, Narcea and Tineo. (11) This unit of production comes from the concentration of work of the unit to the open sky of Leon. (12) This unit of production comes from the concentration of the work of the underground units of Montsacro and S. Nicolas. (13) This unit of production comes from the concentration of the work of the underground units of Soton and M. Luisa