Access to Electricity Production Activities Pursuant to the Internal Electricity Market Directive

Abstract

The article analyses the procedural requirements that authorities must fulfil when granting authorisation for new electricity generating capacity according to Article 7 of the electricity directive 2009/72/EB. Pursuant to the provisions of Article 7 Member States must publish the authorisation procedure and the criteria for granting authorisations. The criteria must be objective, transparent and nondiscriminatory. The article asks what these requirements entail and whether they meet the intended purpose to ensure access to generating activities and free competition. It argues that the rules are too general and do not take into account the differing and complex procedures in the Member States and the diverse nature of electricity generation plants.