9.12.1999 Official Journal of the European Communities L 315/1 (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, Whereas: (1)  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; (2) 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; (3)  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a correct and responsible operation of the nuclear industry; (4)  The threshold values in Regulation No 4 (') should be updated and replaced by new threshold values; (5)  Regulation No 4 should be repealed and replaced by this Regulation, HAS ADOPTED THIS REGULATION: Article 1 1. Persons or undertakings engaged in the industrial activi- ties listed in Annex II to the Treaty shall communicate to the (') 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 (O 17, 6.10.1958, p. 417/58). 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 quantitative and qualitative production capacity; (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 radioactive waste, including treatment, interim or final storage andfor disposal; when, in the industrial activities listed in column I of the table in the Annex, the cost exceeds the corresponding amount in column 1I 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.