In the framework of the "National Plan of Strategic Reserve of Coal 2006-2012 and New Model of Integral and Sustainable Development of the Mining Comarcas", approved by the Agreement of the Council of Ministers of March 31, 2006, the Royal Decree 808/2006 of 30 June 2006 approved the system of aid for labour costs by means of pre-retirement schemes designed to cover exceptional costs linked to plans for the rationalization and restructuring of the activity of mining companies. coal, under the provisions of Council Regulation (EC) No 1407/2002 of 23 July 2002, on State aid to the coal industry, in force until 31 December 2010.

The application, as of 1 January 2011, of Council Decision 2010 /787/EU of 10 December 2010 on State aid to facilitate the closure of non-competitive coal mines, adopted at replacement of the said Community regulation, requires the revision and timely amendment of this regulatory basis in order to bring about the granting of aid for labour costs through pre-retirements, for the years 2011 and 2012; new conditions and criteria which have been imposed on State aid in the sector.

This regulatory amendment incorporates these guidelines by linking the granting of this aid line with the closure of coal production units. In fact, the financing of exceptional costs, which includes benefits arising from the retirement of workers who do not have the statutory retirement age, traditionally linked to plans for restructuring the sector, may be subsidised only if the costs are incurred in the context of an irrevocable closure plan. This fundamentally alters the grant of the subsidy, since only the undertaking in the sector which has closed or is closing coal production units which are part of a state or individual closure plan may benefit from the grant. In addition, in the case of undertakings with production units which are not part of that closure plan, this aid is limited to cover the pre-retirement costs of the workers attached to the production unit whose operation is to be ceases.

However, neither the conditions required of the recipient of the pre-retirement provision for access to the pre-retirement system, other than that of his or her membership of the job in the case identified, nor the conditions of the same has been affected by the new Community regime and the rest of the regulatory text remains unchanged.

However, taking into account that the necessary adoption by the majority of the companies in the sector of measures aimed at the definitive closure of production units under the State closure plan, will be delayed in this respect. exercise of the decision to grant such aid, a transitional provision is incorporated which permits the termination of the employment relationships of workers who fulfil the conditions required for access to pre-retirement in the financial year 2011, making it conditional on the effective accreditation of the grant of the grant and the readmission of the worker, in the intended terms, otherwise.

Finally, the current economic context and the need to contribute to the reduction of public expenditure make it necessary to suspend the annual review of the guaranteed gross quantity, which is the subject of this aid, on the basis of the consumer prices (CPI), and adjust it to the policy of moderate wage increase planned for the financial years 2011 and 2012.

The standard that is approved has the favorable report of the Ministry of Labor and Immigration.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, prior to the report of the Ministry of Economy and Finance, in agreement with the State Council and after deliberation of the Council of Ministers at its meeting on 28 of October 2011,

DISPONGO:

Single Article. Amendment of Royal Decree 808/2006 of 30 June establishing the system of aid for labour costs by means of pre-retirements, intended to cover exceptional burdens linked to plans to rationalise and restructure the activity of coal mining companies.

The following amendments are made to Royal Decree 808/2006 of 30 June 2006 laying down the system of aid for labour costs by means of pre-retirement pensions, intended to cover exceptional burdens linked to plans to rationalise and restructure the activity of coal mining companies:

One. The title of the royal decree is worded as follows:

' Royal Decree 808/2006 of 30 June 2006 establishing the system of aid for labour costs by means of pre-retirement schemes designed to cover exceptional costs linked to the closure of production units of the coal mining companies. "

Two. A sixth paragraph is inserted in the preamble drawn up in the following terms

" In this royal decree the necessary provisions are also established in order to ensure the application, as of 1 January 2011, of Council Decision 2010 /787/EU of 10 December 2010 on the State aid to facilitate the closure of non-competitive coal mines, which has been adopted in place of Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid, which expired on 31 December 2002. December 2010, and calls for an orderly cessation of non-competitive coal mining activities in the the context of a closure plan, and thus to bring about the granting of aid for labour costs through pre-retirements, for the years 2011 and 2012, to the new conditions and criteria which have been imposed on State aid sector. "

Three. New wording is given to Article 1 in the following terms:

" The object of this royal decree is the regulation of the direct granting of aid for labour costs by means of pre-retirement, intended to cover exceptional costs linked to the closure of production units of coal mining companies, in the framework of the "National Plan of Strategic Reserve of Coal 2006-2012 and New Model of Integral and Sustainable Development of the Mining Comarcas".

For the purposes of this rule, plan or closure plans, the state closure plan as defined in Article 1 (c) of Council Decision 2010 /787/EU of 10 December 2010 on aid, shall be understood as meaning: (a) State aid to facilitate the closure of non-competitive coal mines, as well as the individual closure plans adopted by the mining companies prior to the entry into force of that Community standard. '

Four. Article 2 (1) is worded as follows:

" The plans for the closure of production units of the coal mining companies listed in the Annex to this royal decree may be associated with the granting of aid for labour costs, which are intended to finance (a) a reduction in the number of staff by pre-retirement, in accordance with the provisions of Article 4 of Council Decision 2010 /787/EU of 10 December 2010 on State aid to facilitate the closure of mines of non-competitive coal. "

Five. Article 3 is amended as follows:

" Subject to the provisions of the first provision of this royal decree, the aid for labour costs through pre-retirement pensions will be granted, from the budgets of each financial year, from 1 January onwards. January 2006 until 31 December 2012, without prejudice to the fact that the aid granted during that period can be maintained for each worker, in the necessary budgetary years, until the same reaches the retirement age In accordance with the provisions of Article 80 of Law 66/1997 of 30 December 1997, the fiscal, administrative and social order measures. "

Six. New wording is given to Article 4, which is worded as follows:

" 1. They may be eligible for aid for labour costs through pre-retirement:

(a) Companies which have had aid to cover losses of current production in the terms referred to in Articles 4 and 5 of Council Regulation (EC) No 1407/2002 of 23 July 2002 on aid State aid to the coal industry, whether they are closing or have closed coal production units.

b) The brown lignite mining companies of A Coruña, located in the municipalities of As Pontes and Cerceda, as a result of the closure of their production units. In order to be able to have access to such aid, workers must be included in the field of application of the Special Scheme of Coal Mining or have been awarded a reduction coefficient by the Directorate-General for Safety Management. Social, to categories that may have access to preretirements.

(c) Companies that benefit from or have benefited from the closure aid provided for in Article 3 of Decision 2010 /787/EU of 10 December and which have closed or are closing coal production units forming part of the part of the state closure plan.

2. Such aid shall not apply to public coal mining undertakings.

3. In accordance with the nature and purpose of the aid provided for in this royal decree, which relates to the payment of compensation to workers for the termination of their contracts, the undertakings benefiting from the aid are expressly provided for in Article 92 (1) of the Treaty. except for the requirements laid down in points (b), (e) and (g) of Article 13.2 of Law 38/2003 of 17 November. '

Seven. The text of Article 6, concerning the applicable legal regime, is replaced by the words of the previous Community regulation with the Community decision:

" The aid referred to in this royal decree, in addition to its provisions, will be governed by the provisions of Council Decision 2010 /787/EU of 10 December 2010 on State aid for the purposes of the facilitate the closure of non-competitive coal mines, as well as in Law 38/2003 of 17 November, General of Grants, Law 47/2003, of 26 November, General Budget, Law 30/1992 of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure and other legislation resulting from the application. "

Eight. Article 7 (2), which is worded as follows, is amended as follows:

" 2. Mining companies applying for labour cost aids through pre-retirement schemes, in accordance with the procedure laid down in this legal text, must submit a plan which provides for the measures envisaged in relation to the the closure plan referred to in Article 1 of this Standard. Such a plan, agreed with the representation of workers, must attach a nominal relationship of the workers to whom the aid is linked. "

Nine. A new point (h) is added to Article 7 (3), with the following wording:

" (h) In relation to workers in companies who only close some of their production sites, they must be accredited to the production units which form part of the closure plan for a minimum period of one year from the date of termination of the employment relationship which entitles them to such aid. "

Ten. Article 9 (1) is amended as follows:

" 1. In the case of aid for labour costs, the compensation granted to workers who are able to terminate their employment contract as a result of a plan for the closure of coal production units and to meet the requirements for incorporation into the pre-retirement system, up to the age of sixty-five years of age equivalent (the age of access to ordinary retirement). "

Once. The second and third paragraphs of Article 10 are replaced by the following:

" Applications must be accompanied by a plan containing the measures envisaged by the companies in respect of the closure plan, which will include the actions planned annually by the company, during the period of validity of the This royal decree, in terms of production and employment. This plan shall be agreed between the company and the workers ' representatives. "

Twelve. The wording of the first additional provision, which is worded as follows, is amended:

" Additional disposition first. Notification to the European Commission.

The aid covered by this royal decree will be notified to the European Commission in accordance with the provisions of Article 7 of Council Decision 2010 /787/EU of 10 December 2010, subject to the decision of that. In this respect, the provisions of Article 9.1 of Law 38/2003 of 17 November, General of Grants, will be in place. "

Thirteen. A new fifth additional disposition is added:

" Additional disposal fifth. Requests from companies closing some of their coal production units.

In the event that a company does not include in a closure plan for all its production units, the aid for labour costs through pre-retirements could only be requested to cover the exceptional costs arising from the the termination of the employment contracts of the workers assigned to the production units which are part of the closure plan. The period of membership may not be less than one year from the date of termination of the employment relationship which entitles them to such aid. '

Fourteen. A fifth transitional provision is added, with the following wording:

" Transient Disposition fifth. Employment Regulation files in 2011.

1. In 2011, if, on the date on which the resolution of the employment regulation file was adopted, the decision granting aid had not been incorporated into it, the employment authority would point out in its resolution that the recognition of the labour measures referred to in the second additional provision shall be subject to the accreditation of the granting of aid to plans for the closure of coal production units. Where such accreditation occurs, the labour authority shall, by means of a supplementary resolution to that of the employment regulation file, give recognition to the corresponding labour measures with effect from the date of termination of the the employment regulation file carried out in the year 2011.

On the assumption that the above mentioned resolution of aid for labour costs through pre-retirement would exclude a worker from the employment regulation file, and therefore the condition identified in the The company shall immediately readmit the worker with the same legal effects of the declared redundancies as null and void.

2. The refusal to grant the aid requested, in the case of applications relating to the staff of production units which are not part of a closure plan, will, in any event, entail the immediate readmission of the workers covered by the employment regulation file, with the same legal effects of declared redundancies as null and void. "

Fifteen. The Annex on which the mining companies are listed is replaced by the following.

First transient disposition. Temporary application.

1. The amendments made by this royal decree will apply to applications for aid for labour costs through pre-retirement pensions for the year 2011 submitted by the coal mining companies before the end of 2011. to the entry into force of this rule.

2. Aid for labour costs by means of pre-retirement for the financial year 2011 of workers included in such applications may be granted, until the end of the respective plan, in favour of the spouse or, failing that, of the minor children of Twenty-six years of age, when, at the date of entry into force of this rule, the worker having met the set of objective requirements which generate the right to pre-retirement, the latter could not become effective as a result of his death. Such aid shall be limited to the amounts provided for in addition to the unemployment benefits which the worker would have received if he had not died.

Second transient disposition. Suspension of the annual review based on the Consumer Price Index (CPI).

The annual review on the basis of the Consumer Price Index (CPI) of the guaranteed gross quantity covered by the labour cost assistance by pre-retirement is suspended for the financial years 2011 and 2012. This measure will affect the whole of the workers covered by the pre-retirement scheme under the Order of 18 February 1998, Order ECO/2771/2003 of 24 September 2003 and Royal Decree 808/2006 of 30 June 2006.

Such workers will be subject to a maximum increase of the guaranteed gross quantity of 1.5% by 2011. In 2012, an increase in the guaranteed gross quantity which may not exceed the lower threshold of the criteria for the determination of wage increases may be applied by the Government Delegated Commission for Economic Affairs. the agreements at national level of the most representative employers ' and trade unions aimed at guiding the negotiation of the collective agreements applicable to that year. For these purposes, compensation for the waiver of the coal voucher shall not be considered as a guaranteed gross quantity.

Single end disposition. Entry into effect.

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

Given in Madrid, on October 31, 2011.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON

ANNEX

Mining companies:

High Bierzo, S.A.

Carbonar, S.A.

Carbones Arlanza, S.A.

Carbones de Linares, S.L.

Carbones del Puerto, S.A. (CARPUSA).

Carbones San Isidro and Maria, S.L.

Cia. General Minera de Teruel, S.A.

Coto Minero Cantabrico, S.A.

E. N. Carbonifera del Sur, S.A. (ENCASUR).

Endesa Generación, S.A., Andorra (Teruel).

Endesa Generación, S.A., As Pontes García Rodríguez (A Coruña).

Sons of Baldomero García, S.A.

S. A. Hullera Vasco-Leonesa.

La Carbonifera del Ebro, S.A.

Lligitos de Meirama, S.A. (LIMEISA).

Minera del Bajo Segre, S.A.

S. A. Minera Catalano Aragonesa (SAMCA).

Union Minera del Norte, S.A. (UMINSA).