Commission Regulation (Euratom) No 1352/2003 of 23 July 2003 amending Regulation (EC) No 1209/2000 determining procedures for effecting the communications prescribed under Article 41 of the Treaty establishing the European Atomic Energy Community
Date: 2003-07-23
Institutions: European Commission
Subjects: EAEC Treaty, European Commission, disclosure of information, investment project

31.7.2003

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Official Journal of the European Union

L 192/15

COMMISSION REGULATION (EURATOM) No 1352/2003

of 23 July 2003

amending Regulation (EC) No 1209/2000 determining procedures for effecting the communications
prescribed under Article 41 of the Treaty establishing the European Atomic Energy Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Articles 41 to 44 thereof,

Having regard to 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 (1),

Whereas:

(1)

(2)

(3)

(4)

In order to increase transparency and legal certainty, it is
necessary to strengthen existing rules and formalise prac-
tices applied by the Commission to conduct the discus-
sions and examine the investment projects which relate
to the objectives of the Euratom Treaty.

The communication to the Commission of investment
projects relating to new installations and also to replace-
ments or conversions which fulfil the criteria laid down
by the Council in Regulation (Euratom) No 2587/1999
should be made by means of a form, which can be sent
in a paper version or an electronic version. In the inter-
ests of legal certainty, it is necessary to confirm to the
persons or undertakings having submitted a communica-
tion that the Commission has received it.

The period within which the Commission is required to
examine, discuss and adopt its views pursuant to Article
43 of the Euratom Treaty should be set at two months
from receipt of a complete communication. The remarks
made by third parties should be transmitted by the
Commission to the persons or undertakings concerned
for possible reaction from them. In the interests of legal
certainty,
the examination and discussion should be
brought to an end by a recommendation as provided for
under Article 124 of the Euratom Treaty.

In all cases where, as a result of a preliminary examina-
tion, the Commission finds that doubts exist as to the
objectives of the Euratom Treaty in the light of Regula-
tion (Euratom) No 2587/1999, a detailed examination
and discussion procedure should be opened in order to
enable the Commission to gather all the information it
needs to comply with its tasks under the Euratom Treaty
and to allow the persons and undertakings concerned to
submit their comments.

(5)

(6)

(7)

(8)

(9)

After having considered the comments submitted by the
persons or undertakings concerned,
the Commission
should conclude its examination by adopting a recom-
mendation as soon as doubts have been removed.

In the interest of achieving a coordinated development
of investment in the nuclear field, it is appropriate to
monitor effectively the measures finally taken by persons
or undertakings concerned pursuant to the recommenda-
tion adopted by the Commission.

In order to ensure that the provisions of the Euratom
Treaty are applied correctly and effectively, the Commis-
sion should be able to revoke its recommendation if it
was based on incorrect information.

It is appropriate to inform the public about investment
projects whilst, at the same time, observing the principle
laid down in Article 44 of the Euratom Treaty that the
consent of Member States, persons and undertakings
concerned is necessary. In the interests of transparency
and of legal certainty,
it is appropriate to publish all
investment projects and recommendations adopted. The
Commission should also publish an annual
report
recording implementation of the recommendations made
as well as specific measures taken by the persons or
undertakings concerned in response to the views of the
Commission.

Should the investments not be necessary for or go
beyond the objectives of the Euratom Treaty or should
their public financing distort or
threaten to distort
competition in the internal market, this Regulation is
without prejudice to the application of the EC Treaty.

(10)

Commission Regulation (EC) No 1209/2000 (2) should
therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1209/2000 is amended as follows:

1. The title is replaced by the following:

‘Commission Regulation (Euratom) No 1209/2000 of 8 June
2000 determining the procedures for the examination of
the communications prescribed under Article 41 of
the
Euratom Treaty’.

(1) OJ L 315, 9.12.1999, p. 1.

(2) OJ L 138, 9.6.2000, p. 12.

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Official Journal of the European Union

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2. Article 1 is replaced by the following:

‘Article 1

1.
Investment projects relating to new installations and
also to replacement or conversions which fulfil the criteria
as to type and size laid down by Regulation (Euratom) No
2587/1999 shall be communicated to the Commission by
means of the form in the Annex to this Regulation.

The form may be submitted on paper or electronically.

2.
The Commission shall inform the persons or undertak-
ings concerned without delay of receipt of the communica-
tion.’

3. The following Articles 3a to 3f are inserted:

‘Article 3a

1.
The Commission shall examine the communication as
soon as it is received. It shall take express its views in a
recommendation.

2. Where the Commission, after an examination, finds
that the communicated investment project raises no doubts
regarding the objectives of and compliance with the
Euratom Treaty, it shall record that finding and express its
views by way of a recommendation communicated to the
persons, the undertakings and the Member State concerned.

3. Where the Commission, after an examination finds
the communicated investment project raises doubts
that
regarding the objectives of and compliance with the
Euratom Treaty,
initiate a detailed examination
procedure to further discuss in detail all aspects of the
investment project which relate to the objectives of that
Treaty.

it shall

4.
A recommendation in accordance with paragraph 2
and the opening of the detailed examination procedure,
referred to in paragraph 3, shall be made within 2 months.
That period shall begin on the day following receipt of a
complete communication complying with the provisions of
this Regulation and of Regulation (Euratom) No 2587/1999.
The communication shall be considered complete if within
two months of its receipt, or of receipt of any additional
information requested, the Commission does not request
any further information.

5. Where the Commission has not issued a recommenda-
tion in accordance with paragraph 2 nor acted within the
period laid down in paragraph 4, the investment project
shall be deemed to be in compliance with the objectives and
provisions of the Euratom Treaty.

Article 3b

2. Where the person or undertaking concerned does not
provide the information requested within a prescribed
period provided by the Commission or provides incomplete
information,
reminder,
allowing an appropriate additional period within which the
information shall be provided.

the Commission shall

send a

Article 3c

1. When opening the detailed examination procedure,
the Commission shall summarise the relevant issues of fact
and law and include a preliminary assessment of the invest-
ment project in relation to the provisions and objectives of
the Euratom Treaty and Regulation (Euratom) No 2587/
1999. The Commission shall call upon the persons or
undertakings concerned to submit comments and to further
discuss with the Commission within a prescribed period that
shall normally not exceed two months.

2.
The persons or undertakings concerned are recom-
mended not to put the investment project into effect before
the Commission has issued its recommendation on that
project or it is deemed to be in compliance with the objec-
tives and provisions of the Euratom Treaty as provided for
in Article 3a(5).

Article 3d

following discussion
1. Where the Commission finds,
and/or modification by
the person or undertaking
concerned, that the investment project is in compliance with
the objectives and provisions of the Euratom Treaty, it shall
record its views by way of a recommendation communi-
cated to the persons, undertakings and Member State
concerned.

following discussion
2. Where the Commission finds,
and/or modification by
the person or undertaking
concerned, that the communicated investment project is not
in compliance with the objectives and provisions of the
Euratom Treaty, it shall express its views by way of a recom-
mendation communicated to the persons, undertakings and
Member State concerned.

3.
The views taken pursuant to paragraphs 1 and 2 shall
be taken as soon as the doubts referred to in Article 3a(3)
have been removed. The Commission shall as far as possible
endeavour to adopt a recommendation within a period of
six months from the opening of the detailed examination
procedure.

4.
Once the period referred to in paragraph 3 has
expired, and should the person or undertaking concerned so
request, the Commission shall, within two months, issue its
recommendation on the basis of the information available
to it.

information
1. Where the Commission considers that
provided by the person or undertaking concerned with
regard to an investment project communicated to it,
is
incomplete, it shall request all necessary information. Where
the person or undertaking concerned responds to such a
request, the Commission shall inform that person or under-
taking of receipt of the response.

Article 3e

in question,

After having issued its recommendation on the investment
project
the Commission shall monitor, and
where appropriate, discuss with the persons or undertakings
concerned, the specific measures taken or intended to be
taken pursuant to the Commission's recommendation.

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Article 3f

Article 4b

The Commission may revoke a recommendation pursuant
to Articles 3a and 3d where information which was a deter-
mining factor for that recommendation was incorrect, after
giving the persons or undertakings concerned the opportu-
nity to submit observations.

Before revoking its recommendation and adopting a new
recommendation, the Commission shall open the detailed
examination procedure pursuant to Article 3a(3).’

4. The following Articles 4a and 4b are inserted:

‘Article 4a

The Commission shall, with the consent of

the
1.
Member States, persons
concerned,
publish any investment projects communicated to it as well
as the recommendations issued pursuant to this Regulation.

and undertakings

2.
report
The Commission shall publish an annual
recording implementation of the recommendations made as
well as specific measures taken by the persons or undertak-
ings concerned in response to the views of the Commission.

This report shall respect, where necessary,
the rules on
professional secrecy if the consent referred to in Article 44
of the Euratom Treaty is finally not given.’

The Commission shall transmit to the persons or undertak-
ings having communicated an investment project possible
comments or views from third parties on the project which
will influence the Commission's recommendation.

Article 2

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Union.

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

Done at Brussels, 23 July 2003.

For the Commission

Loyola DE PALACIO

Vice-President