Council Regulation (Euratom) No 2587/1999 of 2 December 1999 defining the investment projects to be communicated to the Commission in accordance with Article 41 of the Treaty establishing the European Atomic Energy Community
Date: 1999-12-02
Institutions: Council of the European Union
Subjects: EAEC, European Commission, exchange of information, investment, investment project

9. 12. 1999

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Official Journal of the European Communities

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EURATOM) No 2587/1999

of 2 December 1999

defining the investment projects to be communicated to the Commission in accordance with
Article 41 of the Treaty establishing the European Atomic Energy Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the provisions of the Treaty establishing the
European Atomic Energy Community, and in particular Article
41(1) thereof,

Having regard to the proposal from the Commission,

Commission, within the time limits laid down in Article 42 of
the Treaty, their investment projects aimed at:

(a) creating a production capacity;

(b) maintaining
capacity;

quantitative

and

qualitative

production

Whereas:

(1)

(2)

(3)

(4)

(5)

In order to attain the objectives laid down in the Treaty,
the Commission must be notified of investment projects
concerning new installations and of replacements or
conversions involved in the industrial activities listed in
Annex II to the Treaty when such projects are suffi-
ciently extensive and are likely to have a direct influence
on production or productivity while respecting nuclear
safety;

It is the responsibility of the Commission to publish
periodically, in accordance with Article 40 of the Treaty,
illustrative programmes and to facilitate a coordinated
development of these investments and to make its point
of view known about them;

The investments made in the entire fuel cycle, including
waste management and decomissioning are basically
necessary for a correct and responsible operation of the
nuclear industry;

The threshold values in Regulation No 4 (1) should be
updated and replaced by new threshold values;

Regulation No 4 should be repealed and replaced by this
Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Persons or undertakings engaged in the industrial activi-
1.
ties listed in Annex II to the Treaty shall communicate to the

(1) Regulation No 4 defining the investment projects to be communi-
cated to the Commission in accordance with Article 41 of
the
Treaty establishing the European Atomic Energy Community (OJ 17,
6.10.1958, p. 417/58).

(c) directly increasing production capacity;

(d) directly increasing productivity;

(e) improving the quality of production;

(f) creating facilities for the management of spent fuel or
interim or final

including treatment,

radioactive waste,
storage and/or disposal;

when, in the industrial activities listed in column I of the table
in the Annex, the cost exceeds the corresponding amount in
column II of the table in the Annex for new installations and
that in column III of the table in the Annex for replacements
and conversions.

2.
Investment projects aiming at decommissioning installa-
tions shall be notified, when the cost exceeds the corre-
sponding amount in column III of the table in the Annex
through a declaration which may be limited to essential charac-
teristics; the procedure laid down in Article 43 of the Treaty
need not be applied.

3.
Investment projects aiming at decommissioning installa-
tions, where the costs are lower than the threshold values in
column III of the table in the Annex, may be notified on a
voluntary basis; the procedure laid down in Article 43 of the
Treaty need not be applied.

4.
Projects for new installations for nuclear reactors of any
type and for any purpose and projects concerning the replace-
ment, transformation, modernisation or power increase of such
installations, where the costs are lower than the threshold
values of the table in the Annex, may be notified on a volun-
tary basis through a simple declaration giving only their essen-
tial characteristics; the procedure laid down in Article 43 of the
Treaty need not be applied.

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Article 2

(c) the length of time likely to be required for carrying out the

For the purpose of calculating the costs referred to in Article 1
all expenditure arising directly from the carrying out of the
investment projects shall be taken into account, irrespective of
the time at which such expenditure is incurred.

Article 3

Communication of projects pursuant to Article 1(1) of this
Regulation shall include and be limited to the details required
for the discussion provided for in Article 43 of the Treaty and
in particular all the information relating to:

(a) the type of products or activity and the production or

storage capacity;

(b) the total amount of expenditure directly chargeable to the

project;

(d) the prospects as regards supplies for and operation of the

installation.

Article 4

Regulation No 4 of
the European Atomic
the Council of
Energy Community of 15 September 1958 shall be repealed.

Article 5

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

project under consideration;

It shall apply three months after the date of its entry into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 December 1999.

For the Council

The President

E. TUOMIOJA

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ANNEX

TABLE

(EUR million)

II
New installations

III
Replacements and
conversions

I
Sectors

1. Mining of uranium and thorium ore

2. Concentration of such ores

3. Chemical processing and refining of uranium and thorium concentrates

4. Preparation of nuclear fuels,

in any form

5. Fabrication of nuclear fuel elements

6. Production of uranium hexafluoride

7. Production of enriched uranium

8. Processing of irradiated fuels for the purpose of separating some or all of

the elements contained therein

9. Production of reactor moderators

10. Production of hafnium-free zirconium or components thereof

11. Nuclear ractors of all types and for all purposes

12. Facilities for the industrial processing of radioactive waste, set up in
conjunction with one or more of the facilities specified in this list

13. Semi-industrial installations intended to prepare the way for the construc-

tion of plants involved in any of activities in sectors 3 to 10

40

40

40

20

20

20

140

140

40

20

100

50

20

20

20

20

10

10

10

70

70

20

10

40

20

10

Notes on the Table

Preparation of nuclear fuels, in any form (sector No 4), includes chemical processing and conversion of source materials
or special fissile materials.

Defluorination processes for effluents/wastes after enrichment pertain to sectors No 4, 6, 8 and 12.

Facilities for treatment, storage or disposal of radioactive waste or used fuels pertain to sector No 12, even if these
facilities are not located on the site of any other nuclear industrial facility mentioned in Annex II to the Euratom Treaty.