BE STATED THAT THE OBLIGATION PROVIDED FOR IN THE FIRST SENTENCE OF ARTICLE 93 ( 3 ) TO INFORM THE COMMISSION OF PLANS TO GRANT OR ALTER AID DOES NOT APPLY SOLELY TO THE INITIAL PLAN , BUT ALSO COVERS SUBSEQUENT ALTERATIONS TO THAT PLAN ; SUCH INFORMATION MAY BE SUPPLIED TO THE COMMISSION IN THE COURSE OF THE CONSULTATIONS WHICH TAKE PLACE FOLLOWING THE INITIAL NOTIFICATION .
THE FOURTH QUESTION
19 THE FOURTH QUESTION CONCERNS THE PROHIBITION , LAID DOWN BY THE LAST SENTENCE OF ARTICLE 93 ( 3 ), ON THE PUTTING INTO EFFECT OF THE PROPOSED MEASURES BEFORE THE PROCEDURES PRESCRIBED IN ARTICLE 93 ( 2 ) AND ( 3 ) HAVE RESULTED IN A FINAL DECISION . THE GERECHTSHOF ASKS WHETHER THAT PROHIBITION APPLIES TO A PLAN FOR AID WHICH HAS BEEN DULY NOTIFIED IN ITS INITIAL VERSION BUT SUBSEQUENTLY ALTERED WITHOUT THE COMMISSION BEING INFORMED OF THE ALTERATION AND WHETHER , IN SUCH A CASE , THE PROHIBITION APPLIES SOLELY TO THE PART OF THE AID WHICH HAS BEEN INTRODUCED BY THAT ALTERATION .
20 AS THE COURT HAS ALREADY EMPHASIZED , INTER ALIA IN ITS ORDER OF 20 SEPTEMBER 1983 ( CASE 171/83 R COMMISSION V FRANCE ( 1983 ) ECR 2621 ), THE FINAL SENTENCE OF ARTICLE 93 ( 3 ) IS THE MEANS OF SAFEGUARDING THE MACHINERY FOR REVIEW LAID DOWN BY THAT ARTICLE , WHICH , IN TURN , IS ESSENTIAL FOR ENSURING THE PROPER FUNCTIONING OF THE COMMON MARKET . THE PROHIBITION LAID DOWN BY THAT ARTICLE IS INTENDED TO ENSURE THAT THE AID MEASURES DO NOT COME INTO EFFECT BEFORE THE COMMISSION HAS HAD A REASONABLE PERIOD IN WHICH TO CONSIDER THE PLAN IN DETAIL AND , IF NECESSARY , TO INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ).
21 IT FOLLOWS THAT THE PROHIBITION APPLIES TO THE AID PROGRAMME IN ITS ENTIRETY AND IN THE FINAL VERSION ADOPTED BY THE NATIONAL AUTHORITIES . IF THE INITIAL PLAN HAS BEEN ALTERED , THE LAST SENTENCE OF ARTICLE 93 ( 3 ) THEREFORE APPLIES TO THE PLAN AS ALTERED . WHERE THE PLAN HAS BEEN NOTIFIED AND THE COMMISSION HAS NOT RAISED ANY OBJECTIONS TO IT , BUT THE MEMBER STATE CONCERNED HAS MADE ALTERATIONS OF WHICH THE COMMISSION HAS NOT BEEN INFORMED , THE PROVISION PRECLUDES THE PUTTING INTO EFFECT OF THE AID PROGRAMME IN ITS ENTIRETY . THE POSITION MAY BE DIFFERENT ONLY WHERE THE ALTERATION IN QUESTION IS IN ACTUAL FACT A SEPARATE AID MEASURE WHICH SHOULD BE ASSESSED SEPARATELY AND WHICH IS THEREFORE NOT SUCH AS TO INFLUENCE THE ASSESSMENT WHICH THE COMMISSION HAS ALREADY MADE OF THE INITIAL PLAN .
22 IN REPLY TO THE FOURTH QUESTION IT MUST THEREFORE BE STATED THAT THE PROHIBITION ON THE PUTTING INTO EFFECT OF AID MEASURES , WHICH IS LAID DOWN IN THE LAST SENTENCE OF ARTICLE 93 ( 3 ), APPLIES TO THE PROPOSED AID PROGRAMME IN ITS ENTIRETY AND IN THE FINAL VERSION