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Article 6

Authorisation procedure for new capacity 1. For the construction of new generating capacity, Member States shall adopt an authorisation procedure, which shall be conducted in accordance with objective, transparent and non discriminatory criteria. 2. Member States shall lay down the criteria for the grant of authorisations 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 public health and safety; 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; compliance with measures adopted pursuant to Article 3. 3. Member States shall ensure that authorisation procedures for small and/or distributed generation take into account their limited size and potential impact. 4. The authorisation procedures and criteria shall be made public. Applicants shall be informed of the reasons for any refusal to grant an authorisation. The reasons must be objective, non discriminatory, well founded and duly substantiated. Appeal procedures shall be made available to the applicant.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.