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Requirement · DES-01

Where such a scheme is applied, keep it within what is necessary to meet the objective cost-effectively and limit it to NEW investment in non-fossil flexibility resources such as demand side response and energy storage.

Member States applying a non-fossil flexibility support scheme must comply, and this is law in force.

Why it matters

This is law in force, not a proposal.

  • It is Art. 19h(a) and (b), in the Electricity market design — non-fossil flexibility. as of 2026-09-06
  • The act gives its timing as: In force; applies where a Member State chooses to apply such a scheme. as of 2026-09-06
  • It names one industry by name: Power. as of 2026-09-06
  • Compliance is checked by State aid control, per scheme. as of 2026-09-06
Addressee Member States applying a non-fossil flexibility support schemeAct Regulation (EU) 2019/943, Arts. 19e–19h, consolidated 16.07.2024Article Art. 19h(a) and (b)Class Governments

The rule

New — no predecessor
Trigger

applying a scheme under Art. 19g(1)

Obligation

Where such a scheme is applied, keep it within what is necessary to meet the objective cost-effectively and limit it to NEW investment in non-fossil flexibility resources such as demand side response and energy storage.

Who is affected

Addressee
Member States applying a non-fossil flexibility support scheme
Class
Governments
Sectors
Names Power and heat · Reaches Batteries and solar
Applies
In force; applies where a Member State chooses to apply such a scheme

Burden drivers

No burden drivers recorded on this provision.

Source text

Verbatim

Non-fossil flexibility support schemes applied by Member States in accordance with Article 19g(1) shall: (a) not go beyond what is necessary to achieve the indicative national objective, or where relevant the provisional indicative national objective, defined pursuant to Article 19f in a cost-effective manner; (b) be limited to new investment in non-fossil flexibility resources such as demand side response and energy storage;

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