The "Plan national strategic reserve of coal 2006-2012 and new model of Integral Development and sustainable of the mining districts", approved by agreement of the Council of Ministers of 31 March 2006, which develops policy concerning aid to the mining of the coal industry regulated as provided for in Regulation (EC) No. 1407 / 2002 of the Council , of 23 of July, on aid State to the industry of the coal, existing until the 31 of December of 2010, recognizes that starting from that date such aid is linked to the standard community that replace to the cited «regulation of the Carbon».
In the period between the completion of this framework and the adoption of the new Community arrangements, in order to facilitate the continuity of the mining activity of the companies in the sector and the maintenance of employment, is promulgated the order ITC/3298/2010, of 15 December, that enforcement of the order ITC/3666/2007 is extended for 2011 , 14 December, which establishes the regulatory bases of the aid for mining the coal industry for the years from 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. This rule expressly states that the granting of aid for 2011 will be subject to the observance and enforcement of Community legislation which applies as of December 31, 2010 and to the requirements that are imposed, including, if applicable, the reinstatement of aid.
It application, starting from the 1 of January of 2011, of the Decision 2010 / 787 / EU of the Council, of 10 of December of 2010, relative to them aid State intended to facilitate the closing of mines of coal not competitive, adopted in replacement of the cited regulation community, requires the approval of a base regulatory that enables it award of them aid intended to cover them losses of it production current of them units of production , corresponding to them exercises 2011 and 2012, according to the new conditions and criteria that will have tax to them aid State of the sector.
This standard includes these guidelines by linking the grant of this line of aid for the permanent cessation of the operation of the affected coal production units, which should form part of a closure plan that reaches its term to take December 31, 2018. Incorporated estimates relating to the overall volume of aid for the closure, as they now pass its name, and its declining trend, as well as the rest of derived requirements of the irrevocable nature of the closure of the coal production unit object support in the form of management of such aid.
It has sought, in addition, structured standard to facilitate its implementation and adapt it to the new circumstances prevailing in the sector, adopting for this purpose considered measures. Among them include those that favor the financial situation of the beneficiary enterprises, such as the possibility of payment in advance in the terms is foreseen, or which contribute to potentiate the use of electronic media and to reduce administrative burdens.
These grants, processed on a competitive basis, will be given, however, to all recipients that meet the requirements of the standard; What makes it necessary to provide for the possibility of apportionment of the total amount of the subsidy among beneficiaries, in accordance with the provisions in the law 38/2003, of 17 November, General subsidies.
Article 17 of law 38/2003 of 17 November, establishes that at the level of the General Administration of the State, as well as government agencies and other entities of public law with its own legal personality linked or dependent on that one, the relevant Ministers will establish the appropriate regulatory bases of the granting of subsidies.
This order, in accordance with it established in the second paragraph of the article 17.1 of the referred law 38 / 2003, of 17 of November, has been object of the report prescriptive of the advocacy of the State and of the intervention associate of the intervention General of the administration of the State in the Department.
By virtue, I have: CHAPTER I provisions General first. Object and time.
1 is the subject of this order the establishment of the regulatory bases of the aid to the mining of the coal industry for the years 2011 and 2012, corresponding to those provided for in article 3 of the Decision 787/2010/EU Council of December 10, 2010, on State aid to facilitate the closure of uncompetitive coal mines.
2. the present order regulates the award of these supports for the period comprised between the 1 of January of 2011 and the 31 of December of 2012.
Second. Characteristics of subsidies and support regime.
1. This assistance, processed on a competitive basis, will be granted to all beneficiaries who meet the requirements. By this, when the amount global maximum intended to the same is lower to the sum of the set of them aid that is had estimated according to them criteria of this order, the organ competent will proceed to the apportionment of said amount global between all them beneficiaries of the grant, of conformity with it prevented in the article 22.1 of law 38 / 2003 , 17 November, General grant.
2. them supports object of this order will be incompatible with others aid granted to them companies beneficiary with the same object or purpose by any administration public or entities public or private, national or international, if your overlay gives place to an amount of helps top to it authorized by the normative community.
Third party. Purpose.
1. the aid regulated by this order, in accordance with article 3(1) of Decision 2010/787/EEC of the Council, are intended to cover, totally or partially, the losses from the current production of indigenous coal for the generation of electricity, production units of the coal mining companies that form part of a closure plan from up to the amounts of carbon expressed as metric tons that are related in the annexes of the corresponding calls.
2. the units of production affected must close is definitely of conformity with a plan of closing that reaches to his term to more take the 31 of December of 2018.
3 a the effects of this order and according to the provisions of the abovementioned Community legislation, is understood: to) by closing, the permanent cessation of the production and sale of coal;
(b) by closure plan, the plan established by the Kingdom of Spain where he is laying down measures that lead to the definitive closure of coal production units;
(c) per unit of coal production, the set of local coal mining and infrastructures that serve them, underground or open pit, which can produce raw coal independently of other units.
(d) for production costs, those related to current coal production subject to these supports, including mining operations, the conditioning of coal, and especially washing, sizing and selection, as well as transportation to the point of use, normal depreciation and on borrowed capital costs based on market interest rates. For the purposes of the calculation of the aid shall be regarded also as production costs the remuneration of own funds, as provided for in section septimo.5 of this order.
(e) for current production losses, the difference positive between production costs of coal subsidies object that establishes this order and revenues earned by selling the carbon, as well as any other income from exploitation, excluded the extraordinary, whose origin is mining.
Previous costs and current production losses will be calculated independently for each affected coal production units.
May be beneficiaries of these grants mining companies carbon that, having received aid to cover losses from current production in the previous year, keep on holding production by means of underground mining units, or by open pit mining, in which there is thermal coal in quantities which are related in the annexes of the corresponding calls (, and whenever there is a loss of current production in the terms set out in the section tercero.3 and) of this order.
Affected production units, which must have been in activity of December 31, 2009, will be established by the Kingdom of Spain closure plan.
Them aid referred in this order is financed with charge to them credits budget of the Institute for the restructuring of the mining of the coal and development alternative of them regions mining, current in each exercise.
CHAPTER II requirements and quantification of the aid sixth. Beneficiaries and form of accreditation requirements.
1. the requirements to be a beneficiary of the aid referred to in this order are those listed in its fourth paragraph according to the provisions of article 3 of the Decision 787/2010/EU of the Council.
2 for granting mining companies must prove to the Institute for alternative development of the mining regions and the restructuring of the coal mining: to) the fulfilment of the requirements laid down in article 13 of law 38/2003 of 17 November, General grants, as referred to in paragraph octavo.5 of this order.
(b) statement responsible for that coal supplies delivered to generating companies of electricity derived from production units, which are listed in the annexes of the corresponding calls.
(c) certificate of mining authority of ownership or reliable document for the rights of lease of mining concessions are located where the production units listed in the relevant annexes, which is in force.
(d) have duly audited annual accounts. Means that accounts are properly audited when, in the case of uncertainties or caveats, these are quantified properly, in such a way that they do not prevent the determination of the production costs. In addition, the segregation of the accounts of income corresponding to the coal mining activity, broken down by production units of accounts referred to any other economic activity that puts the company shall be required.
Seventh. Amount of aid. Estimation for the award.
1. the quantities of coal in order to aid in the period 2011 and 2012, for each of the affected units of production, will be specified in the respective convening.
2. the overall volume of aid regulated by this order for each financial year, shall not exceed the amount of aid granted by that concept and authorized by the European Commission for 2010.
This global volume shall follow a downward trend with regard to the aid granted in 2011, in the terms laid down in article 3.1. f) of that Decision 787/2010/EU of the Council.
3. to determine the amount of the individual aid the company will contribute along with the request and duly filled out, the form contained as an annex to this order, appear where disaggregated costs and revenue to be taken into account for the calculation of the aid and its subsequent liquidation.
4. the amount of the aid applied for by the company shall not exceed the difference between the production costs of thermal coal and the income obtained from the sale the coal, as well as any other income from exploitation, excluded the extraordinary, whose origin is mining.
If the applicant company other than the thermal coals, their costs are determined separately by means of apportionment and will only be object of aid corresponding to the thermal coal costs.
5. for the purposes of the calculation of it helps is considered the remuneration of those funds own. However, as "depletion factor" not materialized, only be computed 70 percent. The rate of remuneration of such funds will be the equivalent to the average of the previous year, of the obligations of the ten-year Treasury, increased by 350 basis points.
6. the company having provided the closing of one or, if necessary, several production units in the financial year for which requested such aid, shall declare it in your request, by adjusting the calculation of the subsidy, so to ensure that assistance asked corresponds to losses, within the financial year, up to the time of the closing.
CHAPTER III procedure eighth. Applications and documentation.
1. the procedure for the granting of the aid will begin, for each financial year, through resolution of announcement approved for that purpose by the President of the Institute for alternative development of the mining regions and the restructuring of the coal mining.
2. companies that wish to benefit from this aid, meeting the requirements of this order, shall submit its request, with documentation that must accompany it, in any of the legal regime of public administrations and common administrative procedure provided for in article 38.4 of law 30/1992, of November 26. The presentation will be which set the corresponding call, that in no case shall be less than 15 calendar days.
3. the application and the rest of the documentation that integrates the procedure, including the justification for the award, may be submitted via telematics to electronic processing in the terms that set the resolution's call for help, in accordance with the regulated in the order ITC/904/2008, of 28 March, that creates an electronic record at the Institute for the restructuring of the coal mining and alternative development of the regions Mining.
4. requests will be carried out by units of production for each company and shall contain the information required by article 70.1 of the Act 30/1992, of 26 November.
The filing of the application shall imply the authorization to the managing body to obtain certificates to be issued by the State tax administration agency and the General Treasury of the Social Security, according to the stipulated in article 23.3 of the law 38/2003 of 17 November.
5 the application must be accompanied by the following documentation: a) the necessary documentation for the verification of compliance with the requirements to the beneficiary in the sixth paragraph of this order.
(b) responsible statement of not being in the prohibitions for status of beneficiary indicated in paragraphs 2 and 3 of article 13 of law 38/2003 of 17 November.
(c) the corporate, technical, and powers of Attorney documentation that ensures compliance with the requirements set out in this order.
(d) the form is referred to the section septimo.3 of this order on forecast of revenue and costs as well as quantification of the aid claimed, duly completed.
(e) responsible statement about other aid which, in the same order, are claimed, is intended to apply for or obtained.
(f) annual information about the development of measures that affect established by the Kingdom of Spain closure plan.
6. If the application does not meet the requirements, shall be required to the interested party so that, in the maximum and non-extendable term of 10 days, you remedy the lack, indicating that not to do so, shall be you withdrawn your application, in accordance with the provisions of article 71 of the law 30/1992, of 26 November.
It may be required, in addition, any additional information that is necessary for the evaluation of applications. However, shall not be enforceable data that already held by the Administration, according to the stipulated in article 35. (f) of the aforementioned law 30/1992, of 26 November.
7. the contribution of certificates, when production of office by electronic means of interconnection registry is not possible may be replaced by responsible for statements in the terms established in article 23.4 of the law 38/2003 of 17 November.
Ninth. Aid instruction.
1 management and instruction of the procedure corresponds to the Institute for the restructuring of mining coal and alternative development of mining regions, being its Chairman responsible for the decision of granting, without prejudice to the delegations granted in this matter.
2. such body must examine applications and documents and will carry out actions that it considers necessary for the verification of the data that determine the motion for a resolution, preparing a report to the effect that will be forwarded to the Commission's assessment.
3. the appraisal Committee shall be constituted by the Manager of the Institute who will chair it; three members representing the restructuring unit, in the Area of exploitation and the economic management of grants service, designated by the Manager of the Institute; a vowel on representation of the Cabinet of the Minister; a vowel on representation of the Cabinet of the State Secretary of energy; a member on behalf of the Secretary General technique of the Ministry of industry, tourism and trade; and the General Secretary of the Institute who will act as Secretary with voice and vote.
The Commission will have the character of College and you shall apply the provisions of chapter II of title II of law 30/1992, of 26 November.
4. the Commission's assessment shall consider the reports that on requests made and will reflect in the minutes the concrete result of the evaluation, including the amount of aid proposed.
5. the Director of the Institute for alternative development of the mining regions and the restructuring of the coal mining will formulate provisional resolution that appropriate, duly motivated, by granting a period of 10 working day period from the following the receipt of the notification, to claim or accept it fully. The General Secretary of the Institute shall notify the draft interim resolution. If full acceptance without allegations, the interim proposal will be considered as final. Where is receive allegations, the Commission's assessment is will deliver on them same. In the latter case, or in the case that is received no response by the deadline, the Manager of the Institute formulate definitive resolution corresponding, duly motivated, by granting a period of 10 working day period from the following receipt of your notice, to accept it fully, meaning that it desist from the request not to produce acceptance within that period. The General Secretary of the Institute shall notify the draft final resolution.
Tenth. Resolution and notification.
1. the President of the Institute or body delegated, once substantiated the earlier procedure and prior processing and approval of the record of commitment to expenditure, shall adopt the corresponding reasoned ruling which will put an end to the administrative procedure.
2. the resolution of the concession will reflect that helps protect in article 3 of Decision 787/2010/EU of the Council.
3. the deadline for resolving and reporting will be six months from the closing date of the call, according to the ninth additional provision, paragraph 2, of law 38/2003 of 17 November. If within that period had not relapsed express resolution, can understand is rejected the application for grant of the aid in accordance with article 25.5 of the aforementioned law.
4. the notifications is made in them terms expected in them articles 58 and 59 of the law 30 / 1992, of 26 of November. The practice of notification by electronic means shall follow provisions of article 28 of law 11/2007, of 22 June, electronic access of citizens to public services.
Aid granted on the basis of this order, shall be published in the «Official Gazette», by decision of the President of the Institute for alternative development of the mining regions and the restructuring of the coal mining.
12th. Payment of the aid.
1. it helps is paid in twelve payments fractionated that respond to the exercise coal and whose processing is instructed to the home of each month. Prior to the payment of the aid, shall be verified by the beneficiary of their tax obligations and compliance against Social Security and will be checked is not indebted by resolution of origin of reinstatement in accordance with the provisions in force.
2. However, advance payment of up to 70 per cent of the amount of the aid, may be carried out without having the creation of security, when so it provides for a financial year in the corresponding call for aid.
3 Institute for alternative development of the mining regions and the restructuring of the coal mining would not proceed to the payment of outstanding aid, in the following cases: to) when not is to verify compliance with the requirements referred to in the fourteenth paragraph of this order.
b) if the information provided is derived the need to justify the low supply.
(c) for non-payment of wages to staff in accordance with provisions in the sixteenth paragraph.
(d) for violation of social rights in the terms established in the seventeenth paragraph.
(e) for attendance of any of the causes specified in article 37 of law 38/2003 of 17 November.
CHAPTER IV monitoring and control of the aid thirteenth. Justification and supports individual adjustment: criteria of graduation of breaches.
1 rationale and individual adjustment of the aid granted.
Effectively paid subsidies will be an annual regularization based on the performed supply and according to costs and real incomes, before the end of the financial year following that for which they were granted.
Supply, to the thermal coal produced and sold in carbonero exercise which are liquid shall be deemed for the purposes of this section.
To carry to out such regularization annual, them companies mining will present before the Institute for the restructuring of the mining of the coal and development alternative of them regions mining, before the 15 of July of 2012 and 2013, an autoliquidación relative to the exercise prior that will have in has them income and costs real corresponding to them deliveries of coal thermal.
The liquidation of aid for each of the affected units of production, will be reflected in the form attached as an annex to this order. This format is the same as that expected in the seventh paragraph of this standard for the calculation of the aid, even though the data now used will be those that have resulted in costs and real income of thermal coals in the annexes of the corresponding calls. These costs and income must be disclosed by production units, providing, to that effect, a separate for each form.
In the date previously designated them companies beneficiary must present, also, the accounts annual, duly audited and of form segregated for each an of them activities economic not related with the exploitation of coal that could have it company.
(a) clearance according to the provision.
1 in the case of that global supplies have reached the company help, or object on the assumption that the deviation by default of such supplies is lower than the established tolerance, or that being superior, it is due to force majeure, there is no clearance for this reason.
For the settlement of 2011 supports is supported, exceptionally, a maximum tolerance of 35 per cent for the carbon quantities listed in the resolution of granting. The tolerance applicable to the exercise of 2012 will come given in the corresponding resolution's call.
The Committee on assessment referred to in paragraph noveno.3 of this standard, corresponds the assessment of the existence of force majeure and the appreciation and rectify other reasons. Shall be regarded as force majeure reasons for deviating those which are outside the scope of the activity of the company; What excludes technical problems linked with the holdings or possible disputes arising in a smaller volume of supplies.
The Evaluation Committee may modify the set tolerance percentage when there are circumstances that so do so.
2nd if the deviation by default of supplies exceeds the designated tolerance and can not be attributed to force majeure or other reasons accepted by the Committee on valuation, such deviation shall be deemed a breach of the conditions of granting and aid to liquidate will be the result of the following formula: to THE AO by 0.85 per OS SR = being : To THE: help settle (€).
AO: aid granted (granted) in the financial year (€).
SR: quantity of coal heat produced and sold in the financial year (t).
SO: quantity of coal thermal that figure in the resolution of granting (t).
3rd if is appreciated a deviation of the supply in any of them units of production affected by these supports, upper to the tolerance permitted, the supply corresponding may be offset with the of them others units of the same company, whenever form part of the plan of closing and that not had perceived aid to it reduction in exercises earlier.
For overcome is such tolerance, it helps to settle for each unit of production is calculated of the following form: ALi = AOi by SRi 0.85 by SOi being: ALi: helps to settle in the unit of production «i» (€).
AOi: aid granted (granted) in the exercise to the unit of production «i» (€).
SRi: Amount of thermal coal produced and sold in the exercise by the production unit 'i' (t).
SOi quantity of coal thermal that figure in the resolution of concession for the unit of production «i» (t).
The liquidations that is refer them paragraphs earlier not will be cumulative.
(b) liquidation by difference of costs and income.-will proceed the returned of the excess retrieved when the amount of it helps exceeds the difference between them costs e income real of it company corresponding to them deliveries of coal thermal object of aid.
(c) liquidation by others causes.-If to the make is the liquidation of it helps is appreciated that the beneficiary not has met with them commitments assumed on the occasion of the grant or that concurs any of them causes of returned established in the article 37 law 38 / 2003, of 17 of November, will proceed the management of the corresponding returned total or partial of it helps granted.
2. adjustment during the year depending on those supplies.
The amount of the individual aid may be adjusted during a year coal as a result of the reduction in supply object support, when if any of the following cases: to) when within the year the beneficiary company reduce the supply of any unit of production of coal by means of modification of contracts, support shall be adjusted in accordance with the reduction effected from the date of such modification.
(b) in cases of total closure of the extractive activity of a unit of production, support shall terminate well from the date set out in the request for aid to cover exceptional costs of the closure; or, from the date of cessation of the extraction, in the so-called of that such cessation had been previous to that date or not is had produced request of aid to cover those costs exceptional.
(c) if it detects a reduction in unjustified the supply made by the recipient undertaking to the central or thermal power stations corresponding, exceeding the tolerance allowed for the payment of subsidies, and that decline is maintained for three months, may apply provisions of section duodecimo.3 of this order or proceed to adjust the support provided, to adapt to the supplies that are occurring , as appropriate.
3. adjustment according to the authorisation of the European Commission.
Where the amount of aid authorized by the Commission in the years from 2011 and 2012 is less than the actually awarded to the beneficiary enterprises, shall be managed in the corresponding credits which will be processed in accordance with the provisions of title II of law 38/2003 of 17 November.
Fourteenth. Control of the aid.
(The companies beneficiary will be forced to present to the Institute for the restructuring of the mining of the coal and development alternative of them counties mining: to) certifications monthly for each unit of production on productions; supplies relating to the production of the exercise; supplies derived from stocks of coal from prior years; template own and outsourced, as well as stocks, within the month following the one corresponding to the data. If any production unit understand two provinces, these data must be submitted distributed between the two.
(b) certifications monthly for each unit of production on invoices for supplies to power plants and adjustments, if any, within the month following the one corresponding to the data. If any unit of production understand two provinces, these data must be present is distributed between both.
(c) information monthly, in its case, incidents related to the production and supply, which will be presented within the month following the one corresponding to the data.
(d) all information that refers to changes in society in the period of one month from the registration of such changes.
(e) any other documentation requested by the Institute for the restructuring of the coal mining and alternative development in the mining regions, which must be filed within the period determined by the notice of requirement.
Fifteenth. Modification and reinstatement.
1. any alteration of the conditions taken into account for the granting of the aid and, in any case, concurrent obtaining subsidies or AIDS granted by other public authorities or public or private, national or international bodies that are inconsistent, will result in the modification of resolution of granting.
2. in case of breach total or partial of them requirements expected in this order, or of them conditions that is established in the corresponding resolution of concession, is will be to it willing in the article 37 of the law 38 / 2003, of 17 of November, without prejudice of them forecasts contained in the paragraph 13th about the graduation of them breaches of them conditions imposed in it resolution of granting of it helps.
3 shall the revocation of aid, as well as the reinstatement of perceived quantities and the demand for the interest of corresponding delay from the moment of payment of the aid, in case of breaking the date fixed in the closure plan approved by the European Commission, for the cessation of production units has been granted that aid regulated by this order.
16th. Failure to pay rights in the template.
Breach, in any form, by the beneficiary enterprises, of the right of workers of its workforce own monthly wage perception, will result in loss of the right to the payment of the grant while that situation. You will be considered a case of non-compliance which entails the revocation and reinstatement of aid if held for two months.
The staff affected by this business decision, through the signatory trade unions of the national strategic reserve of coal 2006-2012 Plan and new model of Integral Development and sustainable of the mining regions, may require the application of this measure to the Institute for alternative development of the mining regions, contributing to the effect the supporting information that is accurate and the restructuring of the coal mining.
Said body, after a period of prior information in order to meet the specific circumstances and reviewing the information provided, may dismiss the request or initiate proceedings to declare the loss of the right to partial payment of aid or to agree its repeal and reinstatement, as appropriate.
Seventeenth. Violation of the social rights of the workers of the mining companies.
1. mining companies of coal that violate, in any way, the right to early retirement of their workers in a particular year, can not receive aid regulated by this order during the time in maintaining this violation.
2 a these effects, shall be considered violations of the right to early retirement at a particular exercise: to) business refusal, prior request of the worker, to apply before the Institute supports for labour costs for early retirement in the exercise that can be demonstrated all the requirements or the corporate refusal to present to that body the essential documentation to approve this aid.
(b) the corporate refusal to request and teaching, before the competent labour authority, authorization to extinguish the employment relationship in the record regulation of employment of the company, once approved subsidies by labour costs for early retirement, even though there may be causes technical, organizational or production which would justify this breach.
(c) the corporate refusal to make use of the authorisation granted by the labour authority in the regulation of the employment of the company record, even though there may be technical, organizational or production reasons which would justify this breach.
3. the worker affected by any of these business decisions, either the signatory trade unions of the national strategic reserve of coal 2006-2012 Plan and new model of Integral Development and sustainable of the mining regions, may require the Institute implementation of this measure in the period of one month since there is the corporate refusal that would prevent the effective exercise of the right to early retirement.
He Institute after verify the compliance of them requirements objectives that generate the right of the worker, shall communicate to the company mining that has left without effect this right of their workers, that not will proceed to the payment of them supports regulated in this order, while last that infringement.
First additional provision. Authorization from the Commission European.
The supports provided for in this order require the authorization of the Commission European. To this respect, is will be to it provisions article 9.1 of the law 38 / 2003, of 17 of November.
Second additional provision. Businesses public mining companies.
The adjustments set out in the seventh and thirteenth paragraphs of this order shall not affect public enterprises, which will apply the regime of its specific plan approved by the European Commission.
Provision additional third. Applicable regulations.
In it not intended by this order them aid is governed by it established in the Decision 2010 / 787 / EU of the Council, of 10 of December of 2010, relative to them aid State intended to facilitate the closing of mines of coal not competitive; the law 38 / 2003, de 17 of November, General of grants; the Law 47 / 2003, of 26 of November, General budget; the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common; the law 11 / 2007, of 22 of June, of access electronic of the citizens to the services public; the Royal Decree 887 / 2006, of 21 of July, by which is approves the regulation of the law 38 / 2003, of 17 of November, General of grants, and other legislation that is of application.
Sole transitional provision. Transitional regime of subsidies from 2011.
1 subsidies granted under the aegis of the order ITC/3298/2010, of 15 December, that extending to 2011 the implementation of the order ITC/3666/2007, of December 14, which lays down the regulatory bases of the aid to the mining of the coal for the exercises in 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, they will have to adapt to the provisions of this order, adopting to effect timely complementary resolution of final award.
2. them amounts perceived by them companies beneficiary of them aid granted to the amparo of the referred order ITC / 3298 / 2010, of 15 of December, is understand paid as payment anticipated of it helps that with character definitive is adopt according to it planned in the paragraph previous.
3. the payment corresponding to them months of October, November and December of 2011 is made a time adopted the resolution of award final to is concerns the first paragraph of this provision.
Available end first. Skill-related title.
This order is issued under cover of exclusive competences that article 149.1.13. ª of the Spanish Constitution the State given.
Second final provision. Entry in force.
This order which shall enter into force the day following its publication in the «Official Gazette» will produce its effects from the January 1, 2011.
Madrid, 3 November 2011.-the Minister of industry, tourism and trade, Miguel Sebastián Gascón.
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