IN PARAGRAPH 2, TO REQUIRE THE MEMBER STATE CONCERNED TO ABOLISH IT OR ALTER IT WITHIN A PERIOD OF TIME TO BE DETERMINED BY THE COMMISSION .
PARAGRAPH 3 INSTITUTES PRIOR CONTROL OF PLANS TO GRANT NEW OR ALTER EXISTING AID AND PROVIDES THAT " 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 ".
3 IN STATING THAT THE COMMISSION SHALL BE INFORMED OF PLANS TO GRANT NEW OR ALTER EXISTING AID " IN SUFFICIENT TIME TO ENABLE IT TO SUBMIT ITS COMMENTS ", THE DRAFTSMEN OF THE TREATY HAVE SOUGHT TO PROVIDE THIS INSTITUTION WITH SUFFICIENT TIME FOR CONSIDERATION AND INVESTIGATION TO FORM A PRIMA FACIE OPINION ON THE PARTIAL OR COMPLETE CONFORMITY WITH THE TREATY OF THE PLANS WHICH HAVE BEEN NOTIFIED TO IT .
IT IS ONLY AFTER BEING PUT IN A POSITION TO FORM THIS OPINION THAT THE COMMISSION IS BOUND, IF IT CONSIDERS THE PLAN INCOMPATIBLE WITH THE COMMON MARKET, TO INITIATE WITHOUT DELAY THE CONTENTIOUS PROCEDURE, PROVIDED FOR IN ARTICLE 93 ( 2 ), BY GIVING NOTICE TO THE MEMBER STATE TO SUBMIT ITS COMMENTS .
4 ACCORDING TO THE LAST SENTENCE OF ARTICLE 93 THE MEMBER STATE SHALL NOT PUT ITS PROPOSED MEASURES INTO EFFECT UNTIL THIS PROCEDURE HAS RESULTED IN A FINAL DECISION .
THE OBJECTIVE PURSUED BY ARTICLE 93 ( 3 ), WHICH IS TO PREVENT THE IMPLEMENTATION OF AID CONTRARY TO THE TREATY, IMPLIES THAT THIS PROHIBITION IS EFFECTIVE DURING THE WHOLE OF THE PRELIMINARY PERIOD .
WHILE THIS PERIOD MUST ALLOW THE COMMISSION SUFFICIENT TIME, THIS LATTER MUST, HOWEVER, ACT DILIGENTLY AND TAKE ACCOUNT OF THE INTEREST OF MEMBER STATES OF BEING INFORMED OF THE POSITION QUICKLY IN SPHERES WHERE THE NECESSITY TO INTERVENE CAN BE OF AN URGENT NATURE BY REASON OF THE EFFECT THAT THESE MEMBER STATES EXPECT FROM THE PROPOSED MEASURES OF ENCOURAGEMENT .
IN THE ABSENCE OF ANY REGULATION SPECIFYING THIS PERIOD, THE MEMBER STATES CANNOT UNILATERALLY TERMINATE THIS PRELIMINARY PERIOD WHICH IS NECESSARY FOR THE COMMISSION TO FULFIL ITS ROLE .
THE LATTER, HOWEVER, COULD NOT BE REGARDED AS ACTING WITH PROPER DILIGENCE IF IT OMITTED TO DEFINE ITS ATTITUDE WITHIN A REASONABLE PERIOD .
IT IS APPROPRIATE IN THIS RESPECT TO BE GUIDED BY ARTICLES 173 AND 175 OF THE TREATY WHICH, IN DEALING WITH COMPARABLE SITUATIONS, PROVIDE FOR A PERIOD OF TWO MONTHS .
WHEN THIS PERIOD HAS EXPIRED, THE MEMBER STATE CONCERNED MAY IMPLEMENT THE PLAN, BUT THE REQUIREMENTS OF LEGAL CERTAINTY INVOLVE THAT PRIOR NOTICE SHOULD BE GIVEN TO THE COMMISSION .
5 ON THE OTHER HAND ALTHOUGH IT IS IN