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 the restructuring of the coal industry justifies the existence of aid which would mitigate the social and regional consequences of the closures. 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 standard. The application of this Regulation meant the approval of Order ECO/2771/2003 of 24 September 2003 on aid to cover exceptional charges linked to plans for restructuring and rationalisation of coal mining companies, whose Temporary scope was associated with the 1998-2005 Plan of the Mining of Coal and Alternative Development of the Mining Comarcas, in force until December 31, 2005. The adoption of the new 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 offset the costs of the closures of the production units and the low incentives to be used, as well as the necessary adequacy of such aid to Law 38/2003 of 17 November, General of Grants, which specifically regulates the granting of subsidies by of the State, make it necessary to approve a new ministerial order that establishes the regulatory bases of its concession. The purpose of this order is to ensure that exceptional cost aid is limited to the closure costs laid down in the Annex to Council Regulation (EC) No 1407/2002 of 23 July 2002. On the other hand, the peculiarities described above, namely the need to mitigate, as far as possible, the negative effects which the closures of the production units cause in the affected areas, and the unique nature of the (a) to compensate for this type of aid, which is intended to compensate workers for the termination of their contracts and to cover the costs incurred in the closure of production units, among which the aid is particularly relevant; related to the sealing of the facilities and the derivatives of environmental rehabilitation, Furthermore, it advises against the proviso laid down in Article 13 (2) of that Law 38/2003 of 17 November, General of Subsidies, and to exempt undertakings benefiting from that order from the condition laid down in point (e) of that Law. the obligation to comply with the tax obligations and the social security obligations. This derogation, which is not provided for in general, in the case of aid to compensate for the closure costs, will lead to an important limitation since the subsidy may only cover the costs which are considered to be This is the case, the social costs and the implications of the adoption of safety measures and the need to ensure environmental rehabilitation. The validity of this order is linked to the 2006-2012 plan, so it will regulate aid for labour costs by means of incentives and aid to compensate for the costs of closing production units until 31 December. of 2012. However, it is issued under Council Regulation (EC) No 1407/2002 of 23 July 2002, which limits its scope to 31 December 2010. Therefore, the aid for the financial years 2011-2012 must be conditional on compliance with the new Community legislation, which, where appropriate, is adopted and the conditions and criteria to be laid down. 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 Law of the European Coal and steel 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and Law 47/2003, of 26 November, General Budget, in addition to the general legislation that is applicable. In its virtue, I have:

CHAPTER I

General provisions

First. The purpose of this order is the establishment of the regulatory bases for the financial years 2006 to 2012 of the aid for labour costs by means of incentives and aid to compensate for the costs incurred by the the closure of production units of the coal mining companies which are reflected in the Annex to this order. Second. Characteristics of the aid and compatibility scheme.

1. Aid for labour costs by means of low incentives and those intended to offset the costs arising from the closure of production units may be granted on the basis of the budgets for each financial year until 31 December of the year. year 2012.

2. These aids, which are dealt with under competitive competition, will be granted to all beneficiaries who meet the required requirements. Therefore, where the maximum overall amount intended for each type of aid is less than the sum of all aid of the same type which would have been estimated on the basis of the criteria of this order, the competent authority shall carry out the pro-rata overall maximum amount, among all beneficiaries of the same type of subsidy, in accordance with the provisions of Article 22.1 of Law 38/2002 of 17 November, General of Subventions. 3. Aid for labour costs by means of low incentives is incompatible with other aid granted to recipient undertakings for the same purpose or purpose by any national public or private government or public authorities or international. 4. Aid to compensate for the costs resulting from the closure of production units shall be compatible with other aid granted for the same purpose or purpose by any national public or private public authority or (i) international agreements, provided that the cost of the subsidised activity is not exceeded. If it is exceeded, the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas (hereinafter the Institute) in its function as a competent organ for its granting, will decrease the amount of aid proposal to put the sum of aid at that cost, in accordance with the provisions of Article 19.3 of Law 38/2003 of 17 November.

Third. Beneficiaries.

1. They may be beneficiaries of the types of aid whose regulatory bases are approved by that order, undertakings which have or have had aid to cover losses of current production in the terms referred to in Articles 3 and 4 of the Treaty. Commission Decision No 3632 /93/ECSC of 28 December 1993 on the Community scheme for the intervention of the Member States in favour of the coal industry or Articles 4 and 5 of Council Regulation (EC) No 1407/2002, of 23 July 2002. Such aid will not apply to public undertakings.

2. In order for a coal mining company to be able to obtain the status of a beneficiary, in addition to meeting the conditions required in the regulatory bases, it must demonstrate compliance with the subjective conditions laid down in Article 13 of the Law. 38/2003, dated November 17. 3. Where an undertaking is unable to prove the requirement to be subject to compliance with the tax and social security obligations referred to in Article 13.2.e) of that law, it may acquire the status of Article 13 (2) of the Treaty provides that, in the light of the exceptional nature and purpose of the aid, it is possible to derogate from the rules governing compliance with a requirement. In this case, the condition of the beneficiary will only be able to obtain the aid for labour costs by means of low incentives, as well as the aid to compensate for the costs resulting from the closure limited to the coverage of the social costs and the costs associated with environmental and safety rehabilitation.

Fourth. Purpose and types of aid.-The plans for restructuring and rationalisation of the activities of the coal mining undertakings referred to in paragraph 1 may be associated with the following aid, as provided for in Article 7 of the Council Regulation (EC) No 1407/2002 of 23 July 2002:

(a) Aid for labour costs, aimed at financing the reduction of the workforce of coal mining companies by means of low incentives.

This aid will be made by subrogation by the Institute, in the indemnification obligations acquired by the coal mining company with its employees, as a result of the extinction of the work, in accordance with the procedure and subject to the requirements and limits laid down in Chapter II of the order. (b) Aid to compensate for the costs arising from the closure of production units of coal mining companies. The closure of production units referred to in this type of aid must be carried out by the submission of a restructuring and rationalisation plan covering the total closure of the production unit under aid. They shall be granted in accordance with the provisions of Chapter III of this Order.

CHAPTER II

Aid for labor costs by incentivizing low costs

Fifth. Requirements for companies and workers.

1. Mining companies applying for labour cost aid by means of low incentives must comply with the following requirements: (a) Contar with aid to compensate for the costs resulting from the closure of production units, in the the terms set out in Chapter III of this order, in the same annual financial year.

(b) Submit a restructuring and rationalisation plan, agreed with the representation of workers, including a nominal ratio of the workers to whom the aid is linked.

2. Workers for whom the aid is requested for low-level incentives shall meet and demonstrate the following requirements:

a) Haber listed in the Special Regime of Coal Mining of Social Security for a minimum of three years.

(b) To be an old company in the company in which they are causing a loss of at least one year prior to the termination of the contract of employment.

They shall not be entitled to obtain such aid workers who qualify for pre-retirement, ordinary retirement or who have been eligible for assistance in the form of labour costs. incentives or pre-retirement schemes provided for in the previous legislation or in this order, without prejudice to the rights which workers have in the company. Sixth. Recolocation.

1. Workers affected by restructurings of firms which do not have the right to pre-retirement may choose to relocate to other undertakings benefiting from the aid provided for in this order. In this case, they will receive the statutory compensation from your company and will be entitled to the unemployment benefit that comes on the basis of the time listed, not being the aid.

2. If, before the end of a year from the end of the contract of employment, the worker who has opted for the relocation has not been relocated to another undertaking benefiting from the aid for current production, the undertaking of origin or the If the worker is not active, he/she may apply to the Institute for the aid described for the low incentives if, at the time of the end of the period of his or her employment relationship, he fulfilled the conditions laid down in paragraph 2 (2) and the company's request, as a reclining worker in the motion for a resolution referred to in paragraph 1 ninth. 3. The employment authority shall, by means of a supplementary resolution of the employment regulation file, recognise the incentive effect measures referred to in the first provision, with effect from the date of termination of the employment adjustment file, after deduction of the period of unemployment benefits, the date of the supplementary decision. 4. The amount of the aid for low incentives provided for in this paragraph shall be 55% of the amount applicable as referred to in paragraph 7.

Seventh. Criteria for the quantification of aid. The Institute will assume the compensation obligations of the companies for the purposes of payment of the aid for labour costs by means of low incentives, as a result of the extinction of the contracts In accordance with the following limits and criteria for quantification:

(a) Compensation may be the subject of labour cost aid for workers whose contracts are terminated as a result of the closure of their production unit, and which are not integrated into the specific relocations in other companies in the sector benefiting from the aid provided for in this order, nor do they meet the requirements for access to pre-retirement plans.

(b) The amount of the aid shall be that of the compensation paid to the employees, provided that their average per worker and beneficiary does not exceed an amount of € 60,000.00. From 1 January 2007 and annually, this limit will be revised according to the Consumer Price Index (CPI) for the previous year. (c) The gross amount to be collected by each worker must be met with a target allocation criterion, with the responsibility of the undertaking and the employees being the responsibility of reaching an agreement on the same. (d) The amount of the compensation for low incentives shall be increased by € 24,000.00, in the case of first-degree silicotic workers, provided they prove this circumstance by means of certification issued by the official body within two years of the date on which they are due to leave the company.

Eighth. Formalisation and submission of applications.

1. The procedure for granting the grant shall be initiated, provided that it is considered appropriate, and in any event, in 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 Mining and Alternative Development 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 one month, addressed to the President of the Institute, and in any of the forms provided for in Article 38.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. 3. The application must be previously agreed with the workers ' representatives and the corresponding application for aid to compensate for the closure of the production unit will be submitted once it has been submitted. 4. Applications, in addition to containing the information required by Article 70.1 of Law 30/1992, of 26 November, shall be accompanied by the following documentation:

(a) A restructuring and rationalisation plan which must include the actions envisaged in the field of industrial relations. The plan must expressly set out the criteria for the allocation of compensation, with the limit laid down in paragraph 7, all duly signed by the workers ' representatives.

(b) The applicant's responsible declaration of not being in breach of 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. In this regard, the derogation provided for in paragraph 3 of this order must be taken into account. (c) a responsible declaration in which it is stated that they have not been requested, that other aid is sought or obtained with the same object.

Ninth. Instruction of the procedure.

1. The competent authority for the instruction of the concession procedure shall be the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, which shall examine the applications and documents annexed to it. submitted and shall make the request for any reports it deems necessary, requiring the person concerned to remedy the absence or to accompany the required documents within 10 working days from the day following that of the the receipt of the notification, indicating that if it does not do so, the notification shall be withdrawn from its request.

2. The Institute shall forward the applications, together with the rest of the dossier and its own report, to the Inter-Ministerial Commission for the Re-ordination of the Mining Sector set up by the Agreement of the Government's Delegation for Economic Affairs, 22 February 1990, as amended by Agreements of 6 July 2000 and 2 December 2004, which will analyse and assess them, raising the proposed provisional resolution. 3. The proposal for a provisional decision, duly substantiated, shall be notified to the parties concerned, with a period of 10 working days, to be submitted. In the event that full acceptance of the provisional proposal is not made, the proposal will be considered as final. 4. Where no reply is received within the time limit given to the effect or, where appropriate, the arguments put forward by the interested parties are analysed, a proposal for a final decision shall be made. 5. The proposal for a final decision, duly substantiated, shall contain the nominal ratio of the workers for whom the aid is proposed and the gross amount to be reflected individually. The undertaking benefiting from the subsidy shall be notified, so that within 10 working days, it shall accept the conditions imposed. In the absence of acceptance or in the absence of a reply, the time limit shall be deemed to have been removed from the application.

10th. Resolution.

1. The President of the Institute, once the previous procedure has been substantial, and after processing the expenditure commitment file, shall approve the corresponding reasoned resolution which shall end the administrative route.

2. The grant decision shall contain the nominal ratio of the workers to whom the aid is linked and the individual gross amount of the allowance. 3. The maximum period for resolving and notifying the decision shall be six months after the closing of the corresponding notice, in accordance with the additional provision of the General Law on Subventions, paragraph 2, paragraph 2. The grant decision shall be notified to the beneficiary in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992. 5. After the maximum period of six months to resolve and notify, as set out in this paragraph, the application may be deemed to be rejected. 6. Applications submitted which include both the request for aid for low incentives and aid to compensate for the costs resulting from the closure of production units shall be independently resolved.

11th. Justification and payment of the aid.-Once the aid has been approved by the President of the Institute, payment of the aid shall be carried out taking into account the following:

(a) Aid for low-incentive labour costs shall be collected once the undertaking has established proof to the Institute that it has complied with the requirements for the termination of employment relations in accordance with the provisions of the Articles 51, 52.c) and 53 of the recast of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, of March 24, as applicable to each case.

(b) Prior to payment, companies must submit to the Institute the necessary documentation to include the calculation of the exempt allowance, as well as the tax withholding calculations to which they will give rise. these allowances. The supporting documentation shall be provided within one month from the date of the termination of the employment relationship. (c) The payment of the aid for labour costs by means of low incentives shall be made by the Institute from the time the necessary calculations and supporting documents are available, paid at one time.

CHAPTER III

Aid to compensate for costs resulting from the closure of production units

12th. Formalisation and submission of applications.

1. The procedure for granting the grant shall be initiated, provided that it is considered appropriate, and in any event, in 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 Mining and Alternative Development of the Mining Comarcas.

2. Applications from undertakings wishing to benefit from aid to compensate for the costs resulting from the closure, with an express indication of the date on which the production unit is closed, must be addressed to the President of the Institute and present, together with their documentation, within one month, in any of the forms provided for in article 38.4 of Law 30/1992, of 26 November. 3. Applications must be accompanied by a restructuring and rationalisation plan which provides for the actions envisaged by the undertaking, in terms of production and employment, as well as a budget which is broken down by concepts and amounts. the costs incurred by the closure of the production unit, in accordance with those laid down in the Annex to Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry. The plan must include the actions planned by the company to ensure the closure of the production unit under the best conditions of safety and respect for the environment. 4. The application, in addition to containing the information required by Article 70.1 of Law 30/1992, of November 26, shall include:

(a) The agreement between company and employee representatives regarding the closure plan.

(b) The quantification of the tonnes concerned to that unit of production and its proportion to the supply contract of the mining company, in the event that the company has several production units. (c) the applicant's responsible declaration of not being in breach of the prohibitions to obtain the status of beneficiary as set out in Article 13 (2) and (3) of Law 38/2003 of 17 November. The derogation provided for in paragraph 3 of this order shall be taken into account in this respect. (d) the responsible declaration in which it is expressed if it has been requested, is intended to be requested or obtained, other aid with the same object.

5. The reduction in production by the company for the purpose of the cost aid incurred in the closure shall be deemed to be carried out on the day following the entry into force of the amended supply contract with the energy producers. power, in which the reduction materializes. In the case of a total reduction in the business of the undertaking in which there is no modified contract, the closure shall be deemed to be carried out on the date specified in the application and in the Plan provided for in paragraph 2 of this paragraph. Thirteenth. Study and evaluation of applications.

1. The Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, by means of an Evaluation Committee to this effect, will study and evaluate the origin of the concepts foreseen in the budget. the costs proposed by the undertaking as a result of the closure of the production unit, and shall verify that they comply with the costs referred to in the Annex to Council Regulation (EC) No 1407/2002 of 23 July 2002.

2. The Evaluation Committee shall be composed of the Manager of the Institute who will chair him; the Secretary General of the Institute, who will act as Secretary; three vowels representing the Restructuring Unit, the Operating Area and the Service of Economic Management of Grants appointed by the Institute Manager; a vocal on behalf of the Cabinet of the Minister; a vocal on behalf of the Technical Cabinet of the General Secretariat of Energy; a vowel representing the Deputy Technical General of the Ministry of Industry, Tourism and Trade; and two vowels of free designation of the Manager of the Institute who will act as advisors in the decision making on the origin of the costs proposed by the companies. The Committee shall have the status of a collegiate body and shall apply it to the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992. 3. The Evaluation Committee shall issue a report, which shall be required for the proposal for a decision to grant or refuse the aid requested by the mining company, with the quantification of the maximum amount that can be approved. This report will be referred to the aforementioned inter-ministerial committee for the reordering of the mining sector.

14th. Ceiling of the maximum aid.

1. The aid intended to offset the costs resulting from the closure of production units may not exceed a ceiling which will be calculated on the basis of the reduced tonnes in respect of the previous supply contract in force, operating as a basis the reduction, the tonnages set out in the Annex to Order ITC/1188/2006 of 21 April 2006 laying down the regulatory basis for aid to the coal mining industry for the financial years 2006 and 2007, corresponding to those provided for in Articles 4 and 5.3 of Regulation (EC) No 1407/2002 of 23 July 2002 2002, on State aid to the coal industry. Reductions in tonnes carried out in that year or in successive years shall be deducted, where appropriate.

In subsequent years, as a maximum basis, the tonnages provided for in the regulations that are applicable at the time of application for the closure of the production unit shall operate. 2. The weighted average value of the higher calorific value of the coal supplied in the three years preceding the corresponding reduction or closure shall be taken into account for the calculation of this ceiling. 3. The value to be applied to the total of reduced coal thermine, according to the procedure described, is fixed at 18 € for each thousand reduced termine. 4. Once the maximum amount of the aid that can be provided to each company has been obtained and if there are low incentives, 45% of the cost of the low incentives with the limits and requirements will be deducted from this amount. provided for in Chapter II of this order.

15th. Motion for a resolution and hearing.

1. The applications submitted and the reports of the Evaluation Committee shall be analysed by the inter-ministerial committee referred to in the thirteenth paragraph, which shall submit a proposal for a provisional, duly substantiated, resolution.

2. The Manager of the Institute shall notify the proposal for a provisional decision to the undertakings which have applied for the aid, within a period of 10 working days from the day following that of the receipt of the notification, present claims. In the event of full acceptance without allegations, the provisional proposal will be considered as final. Where no reply is received within the time limit given to the effect or, if appropriate, previously informed by the indicated inter-ministerial Commission for the rearrangement of the mining sector, the arguments put forward by the parties concerned shall be made final resolution. 3. The proposal for a final decision, duly substantiated, shall indicate the unit of production for which the grant of the subsidy is proposed and the amount of the subsidy, specifying its assessment and the valuation criteria used for carry out. It shall be notified to the parties concerned, so that within 10 working days, they shall accept the conditions imposed. In the absence of acceptance or in the absence of a reply, the time limit shall be deemed to have been removed from the application.

sixteenth. Resolution.

1. The President of the Institute, once the previous procedure has been substantial, and after processing and approval of the expenditure commitment file, shall adopt the appropriate reasoned resolution which shall end the administrative route.

2. The maximum time limit for resolving and notifying the decision shall be six months from the date of closure of the call, in accordance with the additional provision of paragraph 2 of the General Law on Subsidies. 3. The decision granting the grant shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992. 4. After the maximum period of six months to resolve and notify, as set out in this paragraph, the application may be deemed to be rejected. 5. Applications submitted which include both the request for aid for low incentives and aid to compensate for the costs resulting from the closure of production units shall be independently resolved.

seventeenth. Requirements for the recovery of aid. -For the recovery of aid to compensate for the costs arising from the closure of a production unit, undertakings must submit to the Institute:

(a) A duly sealed copy of the notification submitted by the company to the autonomic authorities regarding the closure of mining holdings, in which the closure of the production unit is communicated and its date. This notification, as long as the compliance with the legal requirements required for closure is not satisfied, will only allow the company to obtain 50% of the aid granted in the terms set out in the eighteenth.

(b) Written waiver of the mining concession with the competent authority, where the closed production unit is in full agreement with a mining concession and the undertaking receiving the aid is the holder of the aid. If the recipient undertaking is a mere tenant, it must expressly waive the holding of the mining rights arising out of the lease agreement with the competent authority. (c) Accreditation of the modified supply contract or of its waiver, in the event of a total reduction, in which the reduction or cancellation of the supply is reflected.

The documentation referred to must be submitted to the Institute within the time limit determined in the resolution approving the aid.

Eighteenth. Justification and payment of the aid.-Once the aid has been approved by the President of the Institute, payment of the aid shall be carried out in accordance with the following provisions:

(a) It must be credited to the Institute, the new modified supply contract, or its waiver in the event of a complete closure of the mining company, as well as the fulfilment of the other requirements required in the previous paragraph.

(b) The payment of such aid shall be made by the Institute and shall be paid directly to the mining undertaking, to its option and upon express request, in accordance with the following payment procedure:

1. The mining company shall receive up to the maximum aid approved, on the basis of the costs incurred in closing the production unit, in accordance with the Annex to Council Regulation (EC) No 1407/2002 of 23 December 2002. July 2002, without prejudice to the limit laid down in point (a) of the 17th paragraph, payments may be made at the latest, at the latest, once a year.

2. º The mining company may receive, without prior justification of expenses, up to a maximum of 70 percent of the maximum approved aid, if it opts for the presentation of a bank guarantee deposited in the General Deposit Box. Such security shall be lodged in favour of the Institute and shall cover the amount of the aid to be received and the interest which may be from the date of receipt of the notification of the decision which agrees to the advance payment, up to three months after the final date for the justification of the aid, which shall be two years from the date of the closure of the production unit. The Evaluation Committee, the composition of which is determined in paragraph 15, shall consider the request for payment in advance and issue its report. In the event of a favourable report, the Institute shall process the advance payment.

(c) Once the mining company has established the amount of the costs incurred in closing the production unit, the amount of the outstanding balance shall be adjusted, if necessary, to the outstanding balance payable or paid to the company. the mining undertaking by the Institute, depending on the actual amount of the said costs, with the limit of the maximum amount laid down in the resolution. Such regularisation shall also take place where compliance with the legal requirements relating to the closure is verified.

The supporting documents for the costs incurred in closing the production unit must be sufficient to allow for the determination of the cost and their identification with those laid down in the Annex to Regulation (EC) No Council Regulation (EC) No 1407/2002 of 23 July 2002. The maximum period for carrying out such a justification shall be two years from the date of the closure of the production unit. The costs incurred by the undertaking, which are accredited after the period referred to in the preceding paragraph, shall not be counted nor shall be motivated by the modification of the regularised aid. (d) In the event of non-compliance by the undertaking with the obligation to provide documentary evidence of the costs incurred in closing, in accordance with the list of costs contained in the Annex to Council Regulation (EC) No 1407/2002 of 23 July 2002, In 2002, or failure to comply with the legal requirements relating to the closure, the undertaking must be reimbursed for the sums received and the interest on late payment due to them from the time of payment of the subsidy.

CHAPTER IV

Monitoring and monitoring of aid

Nineteenth. Inspection, information and collaborating entities.

1. Without prejudice to the powers of the autonomous communities, the Institute shall carry out, in the performance of its duties, any inspections which are necessary to verify and verify compliance with the conditions and requirements to which they are subject. the aid covered by this order.

2. The Institute may ask the requesting undertakings for aid in respect of any technical, employment and accounting information necessary to exercise the appropriate control over the grant. 3. For the purposes of the management and payment of such aid, the Institute may count, by means of the subscription of an agreement, with one or more collaborating entities, which shall be subject to the provisions of Law 38/2003 of 17 November. The scope of action of these collaborating entities may be provincial, regional or national.

Twenty. Default.

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 agreements, which are incompatible, will lead to the modification of the granting resolution.

2. The aid shall be revoked, as well as the reimbursement of the sums received and the requirement of interest for late payment from the time of payment of the aid, in the cases and in the terms laid down in Article 37 of Law 38/2003, of 17 November, General of Grants. 3. They will have the consideration of violations and the conduct that is included in Title IV of the Law 38/2003 of 17 November will be punishable. 4. Under the provisions of Article 17.3.n) of the General Law on Subsidies, the graduation of the non-compliance with the conditions imposed in the grant decision shall be made on the basis of the principle of proportionality.

Additional disposition first. Unemployment benefits.

The workers who are causing a loss in the company and who, in order to meet the conditions laid down in this order, receive compensation for termination of the employment link, financed by the aid collected here, as well as the employees of the the public undertakings of coal mining, even if their undertakings are not beneficiaries of the aid provided for in the order, will also be entitled to the recognition, for one time, of the unemployment benefit of the contributory level for the period legal maximum, in accordance with the provisions of the additional decision of the Law 4/1990, of 29 June, of the General Budget of the State for 1990.

The legal status of unemployment of such workers must be produced by virtue of a resolution in the file of employment regulation or by reason provided for in Article 52 (c) of the recast of the Law of the Statute of the Workers, in which case it is necessary, in addition to the written communication of the employer to the worker, provided for in Article 53.1 of the same legal standard, a decision of the labour authority determining the application of that provision Additional decision of the Law 4/1990 of 29 June, subject to accreditation of the termination of the contract and the granting of the aid. Workers who cause low employment in the sector not covered by the preceding paragraphs shall be entitled to the unemployment benefits corresponding to them, on the basis of their periods of employment. In both cases, workers must meet the rest of the requirements that are required for the perception of unemployment benefits at the contributory level or in care. Where, after the termination of employment contracts in coal mining undertakings, irrespective of whether or not there is any provision of aid for low-level incentives, the application to the workers concerned of the provisions of the Directive has been determined. In the case of the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice and the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice Subsequent contributory benefit.

Additional provision second. Extinction of the labour relations by low incentive after the closure of the production unit.

The workers of the mining company for which the Institute has approved, in a given year, an aid for labour costs by means of a low incentive, will be able to see their employment relationship extinguished after the effective closure of the production unit, within the maximum period of 31 December of the calendar year following that of the said closure.

If the circumstances advise, the Subcommission of Labor Adaptation provided for in the National Plan of Strategic Reserve of Coal 2006-2012 and New Model of Integral and Sustainable Development of the Mining Comarcas, will be able to agree an extension of the maximum period, provided that it does not exceed six months. The mining undertaking must justify, in the application for aid, the causes, of a technical or organizational nature, which motivate the permanence of one or more of these workers, beyond the date on which the closure of the unit of production. This will be noted both in the restructuring and rationalisation plan to be submitted by the applicant mining companies and, where appropriate, in the proposal and resolution of incentives to be provided by the Institute. The termination of the employment relations of these workers, after the date of the closure of the production unit, shall not affect the amount of aid approved in a given financial year, in accordance with the limits laid down in the (a) the first subparagraph of Article 3 (7) of that order, or the discount to be made on the maximum amount of the aid to compensate for the costs resulting from the closure of production units, referred to in paragraph 15 (3) of that order, which shall be In addition to the issue of the proposal for a resolution of the Inter-ministerial Committee on the reordering of the mining sector.

Additional provision third. Authorisation of the European Commission.

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

2. 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 that order, it shall be amended for the purposes of preserving, at the same time, the granting of aid and the observance of Community rules.

Single transient arrangement. Transitional arrangements for aid under the Order ECO/2771/2003 of 24 September 2003.

1. Aid granted under Order ECO/2771/2003 of 24 September 2003 on aid to cover exceptional charges linked to plans for restructuring and rationalisation of the activities of coal mining companies, continue to be governed by the provisions of that order.

2. Aid for labour costs by means of low incentives for workers who would have opted for repositioning under Order ECO/2771/2003 of 24 September 2003 will apply the provisions of that order.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are opposed to what is established in this order.

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 will take effect the day following your publication in the "Official State Bulletin".

Madrid, June 15, 2006. -Minister of Industry, Tourism and Trade, José Montilla Aguilera.

ANNEX

Mining Companies

High Bierzo, S. A.

Campomanes Brothers, S. A. Carbonar, S. A. Carbones Arlanza, S. A. Carbones de Linares, S. L. Carbones del Puerto, S. A. (Carpusa). Carbones Pedraforca, S. A. Carbones San Isidro and Maria, S. L. Cia. General Minera de Teruel, S. A. Coto Minero Jove, S. A. E. Carbonifera del Sur, (Encasur) S. A. (Puertollano). E. Carbonifera del Sur, (Encasur) S. A. (Penarroya). Endesa Generation, S. A. (coal mining of Andorra). González y Diez, S. A. Sons of Baldomero García, S. A. Hullas del Coto Cortes, S. A. La Carbonifera del Ebro, S. A. Mina La Camocha, S. A. Mina La Sierra, S. L. Minas de Valdeloso, S. L. Minas del Principality, S. A. Minera del Bajo Segre, S. A. Minero Siderúrgica de Ponferrada, S. A. S. A. Hullera Vasco-Leonesa. S. A. Minera Catalano Aragonesa. Union Minera del Norte, S. A. (UMINSA). Union Minera Ebro Segre, S. A. (UMESA). Virgilio Riesco, S. A.