Art. 8 - Tendering for new capacity - Directive 2009-72

Article 8

Tendering for new capacity

1. Member States shall ensure the possibility, in the interests of security of supply, of providing for new capacity or energy

efficiency/demand-side management measures through a tender­ ing procedure or any procedure equivalent in terms of transpar­ ency and non-discrimination, on the basis of published criteria. Those procedures may, however, be launched only where, on the basis of the authorisation procedure, the generating capacity to be built or the energy efficiency/demand-side management measures to be taken are insufficient to ensure security of supply.

2. 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.

3. Details of the tendering procedure for means of generating capacity and energy efficiency/demand-side management mea­ sures shall be published in the Official Journal of the European Union at least six months prior to the closing date for tenders.

The tender specifications shall be made available to any interested undertaking established in the territory of a Member State so that it has sufficient time in which to submit a tender.

With a view to ensuring transparency and non-discrimination, the tender specifications shall contain a detailed description of the contract specifications and of the procedure to be followed by all tenderers and an exhaustive list of criteria governing the selection of tenderers and the award of the contract, including incentives, such as subsidies, which are covered by the tender. Those speci­ fications may also relate to the fields referred to in Article 7(2).

4. In invitations to tender for the requisite generating capac­ ity, consideration must also be given to electricity supply offers with long-term guarantees from existing generating units, pro­ vided that additional requirements can be met in this way.

5. Member States shall designate an authority or a public or private body independent from electricity generation, transmis­ sion, distribution and supply activities, which may be a regula­ tory authority referred to in Article 35(1), to be responsible for the organisation, monitoring and control of the tendering proce­ dure referred to in paragraphs 1 to 4 of this Article. Where a transmission system operator is fully independent from other activities not relating to the transmission system in ownership terms, the transmission system operator may be designated as the body responsible for organising, monitoring and controlling the tendering procedure. That authority or body shall take all neces­ sary steps to ensure confidentiality of the information contained in the tenders.

• Art. 8 para.1 Dir 2009-72
• Art. 8 para.2 Dir 2009-72
• Art. 8 para.3 Dir 2009-72
• Art. 8 para.4 Dir 2009-72
• Art. 8 para.5 Dir 2009-72