Article 5

Member States shall take appropriate measures to maintain a balance between the demand for electricity and the availability of generation capacity. In particular, Member States shall: without prejudice to the particular requirements of small isolated systems, encourage the establishment of a wholesale market framework that provides suitable price signals for generation and consumption; require transmission system operators to ensure that an appropriate level of generation reserve capacity is available for balancing purposes and/or to adopt equivalent market based measures. Without prejudice to Articles 87 and 88 of the Treaty, Member States may also take additional measures, including but not limited to the following: provisions facilitating new generation capacity and the entry of new generation companies to the market; removal of barriers that prevent the use of interruptible contracts; removal of barriers that prevent the conclusion of contracts of varying lengths for both producers and customers; encouragement of the adoption of real-time demand management technologies such as advanced metering systems; encouragement of energy conservation measures; tendering procedures or any procedure equivalent in terms of transparency and non-discrimination in accordance with Article 7(1) of Directive 2003/54/EC. Member States shall publish the measures to be taken pursuant to this Article and shall ensure the widest possible dissemination thereof.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-05 · Text as adopted (Official Journal); later amendments are not incorporated in this text.