( * ) Point ( d ) as inserted by Article G( 18 ) TEU.

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. It, 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. It, 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.

Article 94 ( * )

( * ) As amended by Article 6( 19 ) TEU.

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