24. 11.83 Official Journal of the European Communities No C 318/3 
COMMISSION COMMUNICATION 
Article 93 (3) of the EEC Treaty provides that any 
plans to grant or alter aid are to be notified before 
implementation to the Commission in sufficient time 
to enable it to submit its comments and, if necessary, 
initiate in respect of the proposed measure the 
administrative procedure provided for in Article 93 
(2). Initiation of that procedure has suspensory effect 
and the national measure in question may not be 
implemented unless and until the Commission 
approves it. 
According to the interpretation of this provision 
given by the Court of Justice in its judgment of 
11 December 1973 (*), the purpose is to prevent aid 
that is contrary to the Treaty being brought into 
operation by giving the Commission a period of time 
for reflection and investigation, which the Court put 
at two months and the Commission itself reduced to 
30 working days where specific instances were 
involved (this period to be regarded as the pre­
liminary phase of the procedure), to enable it to form 
an initial opinion as to the full or partial conformity 
of plans notified to it with the Treaty. According to 
the Court this means that the prohibition contained in 
the last sentence of Article 93 (3) on putting proposed 
measures into effect until the procedure provided 
therein has resulted in a final decision is operative 
already throughout the preliminary phase of the 
procedure. 
As there is no provision for any exception concerning 
the obligation to inform the Commission 'in sufficient 
time', Member States cannot evade this obligation, 
even if they consider that the measures they plan do 
not have all the characteristics described in Article 92 
(1) or that they are compatible with the common 
market within the meaning of Article 93 (2). 
Consequently, if Member States do not inform the 
Commission of their plans to grant new aid or alter 
existing aid, or if the notification is late, i.e. outside 
the period regarded as adequate for an initial 
investigation, they infringe the rules of procedures 
laid down in Article 93 (3). They also fail to fulfil 
their obligation under the last sentence of Article 93 
(3), as interpreted by the Court if, without notifying 
the Commission, they put aid into effect or alter aid 
or if, where notification has been given, they put the 
proposed measure into effect before expiry of the 
(') Court of Justice of the European Communities, 11 
December 1973, Lorenz v. the Federal Republic of 
Germany, Case 120/73 (1973 Court Reports, p. 1471 et 
seq., but also Cases 121/73, 122/73 and 141/73). period allotted the Commission for reflection or if, 
where the Commission has initiated the procedure 
involving the two parties provided for in Article 93 
(2), they put the proposed measure into effect before 
the final decision. In such cases the aid is illegal in 
relation to Community law from the time that it 
comes into operation. The situation produced by such 
failure to fulfil obligations is particularly serious 
where, by reason of their substance, the aid measures 
in question are prohibited under Article 92 of the 
Treaty and the illegal aid has already been paid to 
recipients. Here the aid has given rise to effects that 
are regarded as being incompatible with the common 
market. 
The Commission has not failed to remind Member 
States repeatedly of their obligations under Article 
93 (3), most recently in the letter it sent them on 
31 July 1980, the gist of which was published in the 
Official Journal of the European Communities^). The 
communication published in the Official Journal 
states that 'the Commission has decided to use all 
measures at its disposal to ensure that Member States' 
obligations under Article 93 (3) are respected'. 
In spite of this formal reminder and the numerous 
other reminders it has had occasion to deliver in 
connection with aids under examination, the 
Commission is obliged to note that illegal aid grants 
are becoming increasingly common, i.e. aids 
incompatible with the common market granted 
without the obligations laid down in Article 93 (3) 
having been fulfilled. This is why the Commission has 
decided to use all measures at its disposal to ensure 
that Member States' obligations under Article 93 (3) 
are fulfilled; this includes requiring Member States (a 
possibility given it by the Court of Justice in its 
judgment of 12 July 1983 in Case 70/72) to recover 
aid granted illegally from recipients and, in the agri­
cultural sector, refusing to make EAGGF advance 
payments or to charge expenditure relating to 
national measures that directly affect Community 
measures to the EAGGF budget. 
The Commission therefore wishes to inform potential 
recipients of State aid of the risk attaching to any aid 
granted them illegally, in that any recipient of an aid 
granted illegally, i.e. without the Commission having 
reached a final decision, may have to refund the aid. 
(2) OJ No C 252, 30 9. 1980, p. 2. 
No C 318/4 Official Journal of the European Communities 24.11.83 
Whenever it becomes aware that aid. Whenever it The Commission also wishes to point out that the 
becomes aware that aid measures have been adopted Court stated in its judgment of 19 June 1973 in Case 
by a Member State without the obligations under 77/72 that 'in respect of plans to grant new aids or 
Article 93 (3) having been fulfilled, the Commission alter existing aids, the last sentence of Article 93 (3) 
will publish a specific notice in the Official Journal lays down procedural criteria amenable to assessment 
warning potential aid recipients of the risk involved. by the national courts'. 
STATE AIDS 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
Notice pursuant to the first subparagraph of Article 93 (2) of the EEC Treaty to 
interested parties, other than the Member States, regarding a proposal by the Kingdom of 
the Netherlands to assist the cotton, rayon, linen and jute industry, the wool industry, the 
ribbon, tape, belting and webbing industry, and the ready-made clothing and knitwear 
industry 
The Commission has initiated the procedure provided for in Article 93 (2) of the EEC 
Treaty in respect of the planned assistance. The Commission takes the view that such a 
measure, given the fact that it is a repetition of previous exercises, the non-compliance 
with certain elements of the Community framework for aids to this industry and with 
further principles for such aids, appears incompatible with the provisions of the Treaty 
regarding State aids. 
Under the procedure of Article 93 (2), the Commission gives interested parties, other 
than Member States, notice to submit their comments on the proposed assistance within 
four weeks from the date of this notice to: 
Commission of the European Communities, 
Rue de la Loi, 200, 
B-1049 Brussels. 
Commission communication pursuant to Article 115 of the EEC Treaty 
By Decision dated 22 November 1983 the Commission has authorized the French 
Republic not to apply Community treatment to woven fabrics of cotton, falling within 
heading No 55.09 of the Common Customs Tariff (category 2), originating in the 
People's Republic of China and Romania and in free circulation in the other Member 
States. 
The said Decision is applicable from 8 November to 31 December 1983.