Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 20
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5. GRID AND
GRID CONNECTION
5.1 Legal framework for the connection
to the onshore grid and the establishment of the grid connection
The legal framework for the connection to
the onshore grid and the establishment of
the grid connection itself consists mainly of
the maritime spatial plan29 and the federal
Electricity Act.
5.2 Planning and construction of the grid
connection system
According to the abovementioned legal
framework, (only) a holder of a domain concession for the construction and operation
of the OWF is entitled to connect with the
so-called MOG.30 The Belgian transmission
system is extended to Belgian territorial
waters.
Under the current market structure, the TSO
(Elia System Operator or Elia) is responsible for the financing, construction, and
operation of all onshore and offshore grid
connections.31 The cost for the submarine
cable between the OWF and the transmission grid is shared between Elia and the
operators of the OWF. The cable subsidy is
Belgium
determined by a Royal Decree and differs
per OWF.32 It is uncertain whether under the
new legal framework a cable subsidy will still
apply (see supra section 2.3 Incentives for
investments).
5.3 Responsibility for the cost of
the grid connection system
Under the Federal Electricity Act, the TSO,
not the OWFs, is obliged to finance and
construct the GCS. The TSO is entitled to
the reimbursement of these costs, which are
ultimately included in an offshore grid levy
to be paid by the end consumers.33
5.4 Consequences of delays
and disruptions of the grid
connection system
The Connection Agreement34 and the
Access Agreement35 govern the liability of
the TSO. In the Connection Agreement, the
OWF operator is protected against delays in
completion of the GCS and against unavailability of the GCS due to technical failure or
poor maintenance. Elia’s liability is, however,
limited to damages caused by its own grave
error, misconduct, or intent. Moreover, its
liability is capped to EUR 5,000,000 per
claim.36
29 "Maritime Spatial Plan for the Belgian Part of the North Sea 2020-2026", signed on 22 May 2019, entry into force on 20 March 2020, to be consulted
via Belgium | The European Maritime Spatial Planning Platform (europa.eu).
30 Art. 6/5 of the Electricity Act.
31 Art. 7, §3 of the Electricity Act; D. Verhoeven, "Recente ontwikkelingen in het federale energierecht: tussen pionierswerk en avatisme" in Jaarboek
energierecht 2017, K. Deketelaere en B. Delvaux (ed.), Intersentia, May 2018, 26 and 30.
32 Art. 7, §2 of the Federal Act of 29 April 1990.
33 D. Verhoeven, "Recente ontwikkelingen in het federale energierecht: tussen pionierswerk en avatisme" in Jaarboek energierecht 2017, K. Deketelaere
en B. Delvaux (ed.), Intersentia, May 2018, 30.
34 "Connection Contract", published by Elia on 6 September 2021 (20210905_Aansluitingscontract_CRM_ENG (4).pdf).
35 "Access Contract", published by Elia on 22 June 2016 (20191231_CONTRAT_ACCES_Master_EN (1).pdf).
36 Article 22.1 (Limitation on Liability) (p. 41-42) of the Connection Contract and Article 18.1 (Limitation on Liability) (p. 27) of the Access Contract.
