Article 5

1. Where they opt for the authorization procedure, Member States shall lay down the criteria for the grant of authorizations for the construction of generating capacity in their territory. These criteria may relate to: the safety and security of the electricity system, installations and associated equipment; protection of the environment; land use and siting; use of public ground; energy efficiency; the nature of the primary sources; characteristics particular to the applicant, such as technical, economic and financial capabilities; the provisions of Article 3. 2. The detailed criteria and procedures shall be made public. 3. Applicants shall be informed of the reasons, which must be objective and non-discriminatory, for any refusal to grant an authorization; the reasons must be well founded and duly substantiated; they shall be forwarded to the Commission for information. Appeal procedures must be made available to the applicant.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-31 · Text as adopted (Official Journal); later amendments are not incorporated in this text.