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Document 11992E093

    TREATY ESTABLISHING THE EUROPEAN COMMUNITY
    TITLE V : COMMON RULES ON COMPETITION TAXATION AND APPROXIMATION OF LAWS
    CHAPITRE 1 : RULES OF COMPETITION
    SECTION 3 : AIDES GRANTED BY STATES
    ARTICLE 93

    /* CODIFIED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY */

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/tec_1992/art_93/oj

    11992E093

    TREATY ESTABLISHING THE EUROPEAN COMMUNITY - TITLE V : COMMON RULES ON COMPETITION TAXATION AND APPROXIMATION OF LAWS - CHAPITRE 1 : RULES OF COMPETITION - SECTION 3 : AIDES GRANTED BY STATES - ARTICLE 93 /* CODIFIED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY */

    Official Journal C 224 , 31/08/1992 P. 0030


    Article 93

    1. The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States. It shall propose to the latter any appropriate measures required by the progressive development or by the functioning of the common market.

    2. If, after giving notice to the parties concerned to submit their comments, the Commission finds that aid granted by a State or through State resources is not compatible with the common market having regard to Article 92, or that such aid is being misused, it shall decide that the State concerned shall abolish or alter such aid within a period of time to be determined by the Commission.

    If the State concerned does not comply with this decision within the prescribed time, the Commission or any other interested State may, in derogation from the provisions of Articles 169 and 170, refer the matter to the Court of Justice direct.

    On application by a Member State, the Council, may, acting unanimously, decide that aid which that State is granting or intends to grant shall be considered to be compatible with the common market, in derogation from the provisions of Article 92 or from the regulations provided for in Article 94, if such a decision is justified by exceptional circumstances. If, as regards the aid in question, the Commission has already initiated the procedure provided for in the first subparagraph of this paragraph, the fact that the State concerned has made its application to the Council shall have the effect of suspending that procedure until the Council has made its attitude known.

    If, however, the Council has not made its attitude known within three months of the said application being made, the Commission shall give its decision on the case.

    3. The Commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. If it considers that any such plan is not compatible with the common market having regard to Article 92, it shall without delay initiate the procedure provided for in paragraph 2. The Member State concerned shall not put its proposed measures into effect until this procedure has resulted in a final decision.

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