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Order Eit/2095/2013, 12 November, Establishing The Regulatory Bases Of Subsidies For The Years 2013 To 2018, Specifically Designed To Cover The Losses Of Current Production Including Production Units And...

Original Language Title: Orden IET/2095/2013, de 12 de noviembre, por la que se establecen las bases reguladoras de las ayudas para los ejercicios 2013 a 2018 destinadas específicamente a cubrir las pérdidas de la producción corriente de unidades de producción incluidas e...

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TEXT

Council Decision 2010 /787/EU of 10 December 2010 on State aid to facilitate the closure of non-competitive coal mines (hereinafter the Decision) provides for a new framework for aid to be provided for in the specifically intended to cover the losses of current production of production units included in the Kingdom of Spain Closure Plan for non-competitive coal mining (hereinafter the Closing Plan).

This Decision extends until 2018 the possibility for Member States to grant aid to cover costs related to coal for the production of electricity, but requires a number of conditions for this.

The new regulatory guidance specifies the need for a closure plan of the Member State subject to authorisation by the European Commission in which all non-competitive production units are included. are scheduled to leave the activity before 31 December 2018.

The Decision limits the granting of current production aid to coal production units whose closure is irrevocably planned and is carried out by the deadline set in the Closing Plan (31 December). December 2018).

If the production units to which the aid is granted are not closed on the date set out in the closure plan approved by the Commission, the Kingdom of Spain shall recover all aid granted to undertakings. for the entire period of the Closing Plan.

Consequently with this new regulatory framework of the European Union, the Ministry of Industry, Energy and Tourism has agreed with Trade Unions and Employers a Framework for Action for Coal Mining and Mining Comarcas for the period 2013-2018 (hereinafter the Framework).

This framework aims to achieve a reordering of the coal mining sector through the orderly cessation of non-competitive coal production units. For these purposes, and in order to comply with the Decision, a progressive reduction of aid to cover losses of current production has been agreed.

These are essential aspects of the regulation of the aid permitted by the Decision, on the one hand, that aid for closure must be decreasing until its disappearance, on the other, that the cessation of the aid as a whole is not required. the holdings of the mining company, it is sufficient for any of its production units to be closed; furthermore, that the closure forecast may take place in the year in which the aid is granted or in a subsequent year; and that the aid must be prevented from aid may be transferred to units which are not part of the Plan and to prevent it from being unduly benefited companies with other economic activities.

On the other hand, from the economic perspective, it cannot be obvious that any aid is a subsidy which must comply with the guidelines of budgetary policy and which depends on effective availability. the budget as well as the compliance of each and every one of the requirements established by the current regulations. This policy is currently aimed at deepening the reduction of public expenditure in a context of fiscal consolidation, in line with the guidelines and recommendations set out by the European Union.

With the approval of this rule it is given to this field of activity of a legal regime for the period 2013 to 2018 that it must observe the new conditions and criteria imposed on the state aids of the field by the Decision, also taking into account the objectives of budgetary stability and public debt fixed by the government for each financial year.

This order, in accordance with the provisions of the second paragraph of Article 17.1 of Law 38/2003, of 17 November, General of Grants, has been the subject of the mandatory report of the State Advocate and of the Intervention Delegated to the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas.

The cited article 17 of the Law 38/2003 of 17 November, prevents that in the field of the General Administration of the State, as well as of the public bodies and other entities of public law with personality (a) the legal basis for the granting of the grants shall be laid down by the Ministers concerned or dependent on it.

In addition, due to the urgency to meet the commitments made with the signing of the Framework for Coal Mining and the Mining Comarcas in the period 2013-2018, the basis for the call for the year 2013, with the the purpose of the potential beneficiaries to access the aid within the time limits agreed in the Framework and, therefore, the first call should be made before the end of 2013.

In its virtue, with the prior approval of the Ministry of Finance and Public Administrations, I have:

CHAPTER I

General provisions

Article 1. Object and purpose.

1. The purpose of this order is to establish the regulatory basis for the granting of subsidies to undertakings engaged in the extraction of thermal coal for electricity generation which close production units as intended in Article 3 of Council Decision 2010 /787/EU of 10 December 2010 on State aid to facilitate the closure of non-competitive mines, and the call for aid for the financial year 2013 is made. The aid is related to units of activity prior to 31 December 2009 and specifically intended to cover losses of current production.

2. The aid shall be aimed at covering, in whole or in part, the losses of the current production of mining companies with production units registered in the Closing Plan, as provided for in Article 3.1 of Decision 2010 /787/EU of the Council of 10 December and without being able to exceed the difference between the foreseeable cost of production and the foreseeable revenue for a coal year.

Article 2. Temporary scope.

The provisions of this order shall apply to aid which is called between 1 January 2013 and 31 December 2018.

Article 3. Definitions.

For the purposes of this order and as provided for in Council Decision 2010 /787/EU of 10 December,

following definitions shall apply:

(a) By closure, the permanent cessation of the production and sale of coal.

(b) By Plan of Closure, the so-called Closing Plan of the Kingdom of Spain for the mining of non-competitive coal within the framework of that Decision.

c) Per unit of coal production, the set of coal extraction sites and infrastructure that provide them with service, underground or open-pit, which can produce raw coal independently of others units.

(d) For production costs, those related to the current production of the coal covered by these aids, including the extraction operations, the coal conditioning, the washing, the calibration and the selection, as well as the transport to the point of use, the normal depreciation and the interest of the loans received calculated according to market rates.

(e) For losses of current production, the positive difference between the costs of production of the coal covered by the subsidies provided for in this order and the revenue from the sale of that coal, as well as any other operating income, excluding extraordinary income, the origin of which is the mining activity.

Article 4. Beneficiaries.

1. Coal mining companies with production units included in the closure plan and listed in the Annex may be eligible for this aid provided that they have lost current production under the terms of Article 3 (e). of this order and provided that they comply with each and every condition of Article 3 of the Decision.

2. The production units must have been in operation at 31 December 2009.

CHAPTER II

Aid management procedure

Article 5. Call and requests.

1. The call shall be made on the basis of competitive competition, in accordance with Articles 22.1 and 23.2 of Law 38/2003 of 17 November, General of Grants, by resolutions of the President of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas (hereinafter the Institute) according to the principles of advertising, transparency, equality and non-discrimination.

Exceptionally for the financial year 2013, the call for aid is made in Chapter III of this order.

2. The call shall be annual, in accordance with the budget allocations to be drawn up by the General State Budget Law for each financial year.

3. Undertakings which fulfil the conditions laid down in this order, who wish to benefit from such aid, shall submit their application for production units in accordance with the terms of Article 70.1 of Law No 30/1992 of 26 November 1992. of the Public Administrations and the Common Administrative Procedure, and with the documentation to be accompanied by it in accordance with Article 7.2 of this Order, and in any of the forms provided for in Article 38.4 of that Law 30/1992, dated November 26.

The application will contain the express consent of the companies to the managing body to obtain the positive certificates of being aware of the compliance of their tax obligations and the Social Security, issue by the State Agency of the Tax Administration and by the General Treasury of Social Security, as provided for in Article 95.1.k) of Law 58/2003, of December 17, General Tax.

4. The application and the other documentation integrating the procedure, including the justification for the grant, may be submitted by telematic for electronic processing in the terms of the call for aid, compliance with the provisions of Order ITC/904/2008 of 28 March, establishing an electronic register in the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas.

5. If the application does not meet the required requirements, the person concerned shall be required to remedy the fault within the maximum period of 10 days, indicating that failure to do so shall give him the right to withdraw from his application. which must be given in accordance with Article 71 of Law No 30/1992 of 26 November 1992.

Any additional information that is necessary for the assessment of applications may also be required. However, the persons concerned shall not be obliged to provide those documents and information already held by the General Administration of the State, provided that they record the date and the body or agency in which they were presented or, in their case, issued, and which have not elapsed more than five years since the end of the procedure to which they correspond.

6. The contribution of certificates, where it is not possible to obtain them ex officio by electronic means of interconnection, may be replaced by responsible statements in the terms laid down in Article 23.4 of Law 38/2003, November 17.

Article 6. Funding.

The aid referred to in this order will be financed from the Institute's budget appropriations in force for each financial year.

Article 7. Requirements of the beneficiaries and form of accreditation.

1. The requirements to be eligible for the aid referred to in this order are those referred to in Article 4, taking into account the provisions of Article 3 of Council Decision 2010 /787/EU of 10 December 2010.

2. The following documents must be submitted to the Institute for concession by the mining companies:

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

(b) The responsible declaration that the supply of coal delivered to the electricity generating undertakings comes from the production units, which shall be related to the annexes of the corresponding calls.

(c) Certificate of the competent mining authority of ownership or feisty document of the lease rights of the mining concessions where the production units listed in the relevant annexes are located, which are in force. Such a certificate must also prove the existence of the Labors ' Plan and the activity of the mining operation.

d) Statement responsible for having duly audited annual accounts. The accounts shall be deemed to be duly audited when, in the event of uncertainties or caveats, they are duly quantified in such a way as not to prevent the determination of production costs. In addition, the segregation of the profit and loss accounts corresponding to the activity of coal mining, broken down by production units, of the accounts referred to in any other economic activity carried out by the undertaking shall be required. company.

e) The corporate, technical and proxy documentation that ensures compliance with the requirements set out in this order.

f) Statement responsible for not having requested or obtained another grant or aid with the same object.

(g) Documents certifying the representation, in the case of acting by means of a representative, in accordance with the general provisions of Article 32 of Law No 30/1992 of 26 November.

Article 8. Amount of aid.

1. The amount of aid for the financial years 2013 to 2018 shall be as specified in the respective calls, following in each financial year the decreasing path set out in the Closing Plan.

2. The maximum tonnage of coal covered by aid for 2013 and 2014 will be those actually invoiced to the thermal power plants, with the limit of those set out in the relevant resolutions of the Secretary of State for Energy. set the quantities of coal, the maximum volume of production and the price of the energy to be applied in the process of the resolution of supply guarantees in accordance with Royal Decree 134/2010 of 12 February 2010, The procedure for the resolution of restrictions on security of supply and the amend the Royal Decree 2019/1997 of 26 December on the organisation and regulation of the market for the production of electrical energy.

From 2015 will be the ones effectively billed to the thermal power plants with the limit of the volume invoiced by supplies of 2014.

3. The average amount of aid for each of the years will be conditioned by the typology of each production unit, distinguishing between underground and open-pit production units.

(a) For coal from underground production units, the average aid shall be EUR 30 per tonne for the year 2013, decreasing at the rate of EUR 5 per tonne for each of the following financial years, up to EUR 5 per tonne in 2018.

(b) Coal from open-pit production units will receive an average aid of 1 euro per tonne in 2013, 50 cent of euro in 2014, with subsidies being extinguished from 31 December 2014.

(c) The amount of final aid for each production unit shall be based on the relative higher calorific value of the coals supplied, using the calorific power data included in the last resolution. published by the Secretary of State of Energy to apply in the process of resolution of restrictions for security of supply.

4. The actual amount to be paid will be determined by the tonnes actually invoiced to the electricity companies for electricity generation and duly accredited and the aid per tonne according to the origin of the coal and its Higher calorific value. The amounts of invoices for coal that may have received aid in the past are excluded from the calculation of aid.

5. The amount of aid requested by the undertaking may in no case exceed the difference between the production costs and the revenue obtained from the sale of the coal under aid, as well as any other operating income from the aid. mining activity, excluding extraordinary ones. For these purposes, the remuneration of own funds which is fixed in the average return on the 10-year Treasury Obligations in the previous year increased by 250 basis points shall be considered as cost.

6. If any of the units were not closed by 31 December 2018 at the deadline provided for in Article 3.3 of that Council Decision 2010 /787/EU of 10 December 2010, all the units shall be reimbursed. amounts received in accordance with the provisions of the same, increased with legal interest.

Article 9. Compatibility.

The aid covered by this order will be incompatible with other aid granted to the recipient undertakings for the same purpose or purpose by any public or public authorities or private, national or international authorities, provided that their perception of the aid is higher than the amount authorised by the Community legislation.

Article 10. Concession procedure.

1. The competent body to order and instruct the procedure will be the Institute, and to resolve the President of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas.

2. The instructor may, on its own initiative, carry out as many actions as it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution, and more specifically the request for a resolution, must be made. how many reports it deems necessary to resolve or are required by the rules governing the grant, as provided for in Article 24 (2) and (3) of Law 38/2003 of 17 November.

3. The instructor shall draw up a report to be sent to the assessment committee. This Commission will be constituted by the Manager of the Institute, who will chair it; three vowels representing the Restructuring Unit, the Operating Area and the Economic Grant Management Service, appointed by the Institute Manager. Institute; a vowel appointed by the Chief of Staff of the Minister of Industry, Energy and Tourism; a vowel appointed by the Director of the Cabinet of the Secretary of State for Energy; a vowel appointed by the Undersecretary of the Ministry of Energy Industry, Energy and Tourism; and the Secretary-General of the Institute, who will act as secretary with voice and no vote. All members will perform a job position of at least level 26.

This Commission shall have a status as a collegiate body, having regard to it as laid down in Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and Procedure Common, and will count for its functioning with the personal and material resources existing in the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, a body in which it is integrated.

4. The Commission shall consider the reports on applications that have been made and shall reflect in the minutes the concrete outcome of the assessment, including the amount of the proposed aid.

5. The proposal for a concession shall be made to the body responsible for the aforementioned body through the instructor. It shall be communicated to all applicants so that within 10 working days from the date of their notification they submit claims or communicate their acceptance, on the understanding that they are not in their request for failure to take place. reply within that period. This motion for a provisional resolution does not create any right to the administration in favour of the proposed beneficiaries. If no claims are made, the provisional proposal shall be considered as final.

6. In the light of the arguments put forward, where appropriate, the proposal for a final decision shall be made, which shall be notified to the persons concerned who have been proposed as beneficiaries. If it is appropriate, the beneficiaries shall be given a period of five working days from the date of their notification to communicate their acceptance, on the understanding that they are not required to reply in that case. period.

After that deadline, the proposed final resolution shall be submitted to the competent body for approval.

Article 11. Resolution and notification.

1. The President of the Institute shall, in the light of the proposal for a final decision, and after processing and approval of the expenditure commitment file, give the decision granting the aid.

Such a decision, which shall be reasoned, in addition to containing the applicants to whom the aid is granted and the express rejection of the applications to which aid is not granted, shall include the list of applications for decaying and desisted. The amount of the grant awarded shall also be stated in the decision.

2. The granting decision shall also determine that the aid is covered by Article 3 of Council Decision 2010 /787/EU.

3. The maximum period for resolving and reporting shall be six months from the date of closure of the call, in accordance with the additional provision of Law 38/2003, paragraph 2, of 17 November. If no express decision has been taken within that period, the application for the grant of the aid in accordance with Article 25.5 of that law may be deemed to be rejected.

4. The decision, which ends the administrative procedure, may be appealed for in replacement, within one month, in accordance with Articles 116 and 117 of Law No 30/1992 of 26 November 1992. Without prejudice to the foregoing, in respect of the decision of the procedure for granting the aid referred to above, within two months of the date of notification of that decision, an appeal may be brought before the Chamber of Administrative-administrative litigation of the National Court.

5. Notifications shall be made in accordance with the terms of Articles 58 and 59 of Law No 30/1992 of 26 November 1992. The practice of notification by electronic means shall be in accordance with the provisions of Article 28 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to Public Services.

Article 12. Advertising.

Aid granted under this order shall be published in the "Official State Gazette", by means of a resolution of the President of the Institute.

Article 13. Payment of the aid.

1. Payment of the aid shall be made on a monthly basis and in accordance with the tonnage invoiced to the electricity company in the previous month, duly accredited.

Aid for the months of November and December of each financial year shall be estimated as a mean of the tonnage actually invoiced in the previous 12 months, with this aid being the subject of regularisation in February. of the following year.

Exceptionally for the financial year 2013, a single payment of the annual aid shall be made, calculated taking into account the tonnages invoiced and credited at the time of the application, to which an estimate of the supply of non-accredited months, calculated as a mean of the tonnages of the months accredited. The regularisation resulting from the non-accredited months will be carried out in February 2014.

2. Prior to the payment of the aid, compliance by the beneficiary of his tax obligations, including the payment of the Economic Activities Tax, and his obligations towards Social Security shall be verified. It shall also be verified that it is not a debtor by resolution of origin of drawback in accordance with the provisions in force.

3. Without prejudice to Articles 34.5 and 35 of Law 38/2003 of 17 November, the Institute shall not pay the outstanding aid in the following cases:

(a) Where compliance with the information requirements referred to in Article 15 of this order cannot be verified.

(b) If the information provided derives the need to justify any circumstances related to the supplies made.

c) For non-payment of salaries to the template as provided for in Article seventeenth.

d) For the concurrence of any of the reasons for the reimbursement referred to in Article 37 of Law 38/2003 of 17 November.

Article 14. Justification and regularisation of aid.

1. The justification for the aid shall be made by means of the accreditation of the invoice issued by the mining company and formed by the electrical undertaking.

The aid paid shall be the subject of an annual adjustment based on the supply made and in accordance with the audited costs and receipts, before the end of the year following that for which they were granted.

For the purposes of this paragraph, it shall be deemed to supply the thermal coal invoiced in the coal exercise that is liquid.

To carry out such annual regularisation, mining companies shall submit to the Institute, before 15 July of each annuity, a self-settlement for the previous financial year which shall take into account the revenue and costs. audited for the sales of thermal coal.

These costs and revenues must be broken down by production units, with an independent form for each of them.

On the date mentioned above, the beneficiary companies must also submit the annual accounts, duly audited by an auditor included in the Official Register of Auditors (ROAC), as provided for in the Article 74,1 (a) of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, segregated for each of the economic activities not related to the exploitation of coal that the company might have.

The recovery of the excess obtained shall be carried out where the amount of the aid exceeds the difference between the actual costs and the actual revenue of the undertaking corresponding to the thermal coal invoiced.

If the aid is to be wound up, it is assessed that the beneficiary has not complied with the commitments made on the basis of the subsidy or that any of the reasons for recovery laid down in Article 37 are met. Law 38/2003, of 17 November, will proceed with the management of the corresponding total or partial reimbursement of the aid granted.

2. Where the amount of aid authorised by the European Commission for each of the financial years 2013 to 2018 is less than the amount actually granted to the recipient undertakings, the corresponding refunds to be processed shall be managed in accordance with the provisions of Title II of Law 38/2003 of 17 November.

Article 15. Control of aid.

1. The beneficiary companies shall be required to submit to the Institute, for each of the production units and on a monthly basis, the following data:

a) Mining production.

(b) Supplies relating to the production of the financial year.

c) Supplies derived from previous exercise coal stocks.

(d) Existences at mine, separated by own, invoiced but located in mine park and, where applicable, Temporary Strategic Coal Storage (AETC), as well as the mermas applied.

e) Own and subcontracted template.

If any production unit comprises two provinces, the data must be distributed between the two provinces.

2. All information relating to changes in the company within one month from the registration of such changes.

3. Any other documentation required by the Institute, which shall be submitted within a time limit to be determined by the letter of formal notice.

Article 16. Modification 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. In the event of a total or partial non-compliance with the requirements laid down in this order, or the conditions laid down in the relevant concession resolution, the provisions of Article 37 of Law 38/2003 of 17 May November.

Article 17. Non-compliance with the salary rights of the template.

Non-compliance, in any form, by the beneficiary companies, from the right of the employees of the own staff to the monthly payment of the salary, will result in the loss of the right to the collection of the subsidy as long as that situation is maintained. It shall be considered as a case of non-compliance that has led to the revocation and recovery of the aid if it is maintained for two months.

The template affected by this business decision, through the union central signers of the Framework for the Mining of Coal and Mining Comarcas in the period 2013-2018, may require the application of this measure to the Institute.

This body, after opening a period of prior information for the purpose of knowing the specific circumstances and reviewing the information provided, may reject the request or initiate the procedure for declaring the loss of the the right to partial recovery of the aid or to agree on its revocation and recovery, as appropriate.

CHAPTER III

Call for help

Article 18. Call.

1. Aid to the coal mining industry for the financial year 2013 is called for, corresponding to those provided for in Article 3 of Council Decision 2010 /787/EU of 10 December 2010 on State aid for the purpose of facilitating the closure of non-competitive coal mines.

2. This call shall be governed by the regulatory bases contained in Chapters I and II of this order, without prejudice to what is in particular set out in this Chapter.

Article 19. Deadline for submitting applications.

The deadline for submitting applications will be one month from the date of publication of this order in the "Official State Gazette".

Article 20. Beneficiaries.

In this call, all those detailed in Article 4 of this order may be beneficiaries.

Article 21. Eligible expenditure.

The eligible expenditure shall be those provided for in Council Decision 2010 /787/EU of 10 December 2010 on State aid to facilitate the closure of non-competitive coal mines.

Article 22. Funding and maximum amount of aid.

1. The financing of the aid under this call will be attributed to the budget applications 20.101.423N.441 in the case of public enterprises and 20.101.423N.471 in the case of private companies in the budget of the Institute for the restructuring of the Coal Mining and Alternative Development of the Mining Comarcas for the year 2013.

2. The maximum amount to be paid for this call shall be EUR 10,244,520 in respect of the concept 20.101.423N.441 and EUR 57,513,425 in respect of the concept 20.101.423N.471.

Article 23. Payment of the aid.

The payment of the aid shall be in accordance with the conditions laid down in Chapter II of this order.

Exceptionally for the financial year 2013, a single payment of the annual aid shall be made, calculated taking into account the tonnages invoiced and credited at the time of the application, to which an estimate of the supply of non-accredited months, calculated as a mean of the tonnages of the months accredited. The regularisation resulting from the non-accredited months will be carried out in February 2014.

Article 24. Justification of the expenditure.

The justification for the expenditure shall be in accordance with the terms and conditions set out in Chapter II of this order, for which the mining companies shall submit to the Institute before 15 July 2014, a self-financing for the previous financial year taking into account the revenue and the audited costs relating to the sales of thermal coal.

Article 25. Resources.

Against the call contained in the present, which is final on the administrative route, a replacement for the same organ that has been issued may be brought before the same organ that has been issued within one month of the day following the publication in the "Official State Gazette" or directly administrative-administrative appeal before the Court of the Administrative-Administrative of the National Court, within two months, to count from the same day, all of (a) the provisions of Articles 116 and 117 of Law No 30/1992 of 26 November 1992 on the Legal of the Public Administrations and of the Common Administrative Procedure, as well as in Articles 11, 46 and concordant of Law 29/1998, of July 13, regulatory of the Jurisdiction-Administrative Jurisdiction.

Additional disposition first. 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, General of Grants, will be available.

Additional provision second. Mining companies that have the character of state-owned commercial companies.

The adjustments provided for in Article 14 of this order will not affect the State-owned commercial companies which may receive such aid, to which the scheme of their specific plan approved by the Commission will apply. European.

Additional provision third. Applicable rules.

In the absence of this order, the aid will be governed by the provisions of Council Decision 2010 /787/EU of 10 December 2010 on State aid to facilitate the closure of coal mines. The 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 the Procedure Common Administrative Law; Law 11/2007 of 22 June, of electronic access of citizens to the Services Public; Royal Decree 887/2006, of July 21, approving the Regulation of Law 38/2003 of 17 November, General of Grants, and other legislation that is applicable.

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 the day following that of its publication in the "Official State Gazette" and shall produce its effects as from 1 January 2013.

Madrid, November 12, 2013. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

ANNEX

Production Units declared in the Kingdom of Spain Closure Plan

Carbones Arlanza, S.L.

Carbones San Isidro and Maria, S.L.

Subterran.

Enterprise

Production Unit

Exploitation

Alto Bierzo, S.A.

High Bierzo.

Subterranea.

Tower of the Bierzo.

Subterran.

SubMediterranean.

Bierzo.

Open Sky.

Open Sky.

Charcon.

Open Sky.

Rebollal and Pico.

Unica.

Subterran.

Unica.

Subterranea.

Carbonar, S.A.

Unica.

Carbones of the Port, S.A.

Unica.

Subterran.

Cia. General. Teruel de Teruel, S.A.

Unica.

Open Sky

Coto Minero Cantabrian, S.A.

Coto.

Subterranea.

Cantabrian.

Subterranea.

Unica.

Sky

Carbonifera Enterprise, Encasur, S.A.

Puertollano.

Open Sky.

Endesa Generation, S.A.

Andorra.

Open Sky.

Children of Baldomero Garcia, S.A.

Subterran.

Underground.

The Ebro Carbonifera, S.A.

Unica.

S. A. Vasco-Leonesa Coal.

Subterranea.

Subterranea.

Sky.

Sky Open.

S. A. Catalan Aragonese miner.

Subterranea.

Subterranea.

Sky.

Open Sky.

Mining Union, S.A.

Subterranea.

Sky

North Hullages, S.A.

Flow Pool.

Subterrane.

Subterrane.