TITLE II

PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY
CHAPTER 4

Investment
Article 40
In order to stimulate action by persons and undertakings and to facilitate coordinated development of their investment in the nuclear field, the Commission shall periodically publish illustrative programmes indicating in particular nuclear energy production targets and all the types of investment required for their attainment.
The Commission shall obtain the opinion of the Economic and Social Committee on such programmes before their publication.
Article 41
Persons and undertakings engaged in the industrial activities listed in Annex II to this Treaty shall communicate to the Commission investment projects relating to new installations and also to replacements or conversions which fulfil the criteria as to type and size laid down by the Council on a proposal from the Commission.
The list of industrial activities referred to above may be altered by the Council, acting by a qualified majority on a proposal from the Commission, which shall first obtain the opinion of the Economic and Social Committee.
Article 42
The projects referred to in Article 41 shall be communicated to the Commission and, for information purposes, to the Member State concerned not later than three months before the first contracts are concluded with the suppliers or, if the work is to be carried out by the undertaking with its own resources, three months before the work begins.
The Council may, acting on a proposal from the Commission, alter this time limit.
Article 43
The Commission shall discuss with the persons or undertakings all aspects of investment projects which relate to the objectives of this Treaty.
It shall communicate its views to the Member State concerned.
Article 44
The Commission may, with the consent of the Member States, persons and undertakings concerned, publish any investment projects communicated to it.