Art. 8 para.2 Dir 2009-72

Member States may ensure the possibility, in the interests of environmental protection and the promotion of infant new tech­ nologies, of tendering for new capacity on the basis of published criteria. Such tendering may relate to new capacity or to energy efficiency/demand-side management measures. A tendering pro­ cedure may, however, be launched only where, on the basis of the authorisation procedure the generating capacity to be built or the measures to be taken, are insufficient to achieve those objectives.