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Document 11957E093
TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 3: AIDS GRANTED BY STATES, ARTICLE 93
TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 3: AIDS GRANTED BY STATES, ARTICLE 93
TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 3: AIDS GRANTED BY STATES, ARTICLE 93
In force
11957E093
TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 3: AIDS GRANTED BY STATES, ARTICLE 93
++++ 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 .