Brussels, 20/02/2003 (Agence Europe) - The European Commission decided on Wednesday to re-open the procedure against Spanish coal mining company González y Diéz, with a view to overturning a decision from 2 July 2002, replacing it with a decision taken on the basis of procedural rules applicable after the expiry of the Treaty establishing the European Coal and Steel Community (ECSC) on 23 July 2002.
The Commission decision of July 2002 was adopted on the basis of the ECSC Treaty. It directs Spain to take all necessary measures to recover the total aid relative to 1998 and 2000, and to authorise no aid for 2001. This decision has been challenged before the Court of First Instance. In the light of this appeal, the Commission considers that a reopening of the procedure is the best way to overcome possible transitional problems and will therefore respect the procedural rules that apply after the expiry of the ECSC Treaty, offering the best possible guarantees for the rights of member states, the company in question and third parties. Therefore, the Commission has reopened the investigation of possible abuse of the aid regarding the years 1998 and 2000 and has requested Spain to submit its comments on the aid, which the Commission considers possibly unlawful, and to supply all such information as may help to evaluate it. The Commission has to assess whether the conditions laid down in the decisions approving this aid have been respected. The aid for the year 2001 was put into effect without prior Commission approval and will therefore be assessed on the basis of the specific provisions of a new Council regulation which entered into force after the expiry of the ECSC Treaty on 23 July 2002.