Offshore Wind Worldwide 2022 edition - Flipbook - Page 16
16
HoganBelgium
Lovells
This federal act has been amended in 2019
on two levels: (i) to introduce a capacity
remuneration mechanism; and (ii) to create
the legal basis for the set-up of a competitive
tender procedure for the second offshore
wind phase and for the related support
scheme. The details of the new tender
procedures (i.e. the conditions and the
criteria as regards the admissibility and the
awarding of the domain concessions) are still
to be established by royal decree by the new
government. The location, the size and the
number of plots which will be subject to a
competitive bidding procedure will be
determined by a Ministerial Decree.9
The new locations for new offshore
concessions for the second offshore wind
phase have, however, already been
established by the new maritime spatial plan
for the period 2020-2026, which has entered
into force on 20 March 2020. 10
9
B.Scheme in relation to exclusivity to
construct, own and operate a
project, as well as to receive feed in
revenues
The new tender procedure, that is yet to be
established by Royal Decree, will be based on
the principle that the new concession will be
awarded – for a maximum term of 30 years
(including construction, maintenance and
decommissioning phase) – to the winning
bidder together with the required permits
and authorisations. All required
environmental and other studies, including
in relation to the Modular Offshore Grid
(MOG) will be carried out by the government
and the network operator in consultation
with the Commission for Electricity and Gas
Regulation (CREG; i.e. the Federal
Electricity and Gas Agency). 11
C.Incentives for investments
Currently the support schemes consist of: (i)
a system of green certificates and guarantees
of origin that are issued in exchange for
quantities of produced offshore renewable
energy that can either be sold to the network
operator at a minimum guaranteed price or
on the market at a higher price; and (ii) a
cable subsidy.12
“Belgian offshore wind energy – 5.4-5.8 GW”, published by FPS Economy on 13 January 2022 (Belgian offshore wind energy -5.4-5.8 GW by
2030 | FPS Economy (fgov.be)); W. Vandorpe, D. Haverbeke en L. Pellens, “Belgische offshore windproductie – Tendering the way forward,
maar hoe exact? Enkele aandachtspunten” in Jaarboek energierecht 2020, K. Deketelaere en B. Delvaux (ed.), Intersentia, October 2021,
92.
10 W. Vandorpe, D. Haverbeke en L. Pellens, “Belgische offshore windproductie – Tendering the way forward, maar hoe exact? Enkele
aandachtspunten” in Jaarboek energierecht 2020, K. Deketelaere en B. Delvaux (ed.), Intersentia, October 2021, 97.
11 Art. 5 of the Federal Act of 12 May 2019 amending the Electricity Act to establish a competitive bidding procedure for the construction
and operation of production facilities in sea areas under Belgian Jurisdiction and ratifying the Royal Decree of 11 February amending the
Royal Decree of 16 July 2002 on the establishment of mechanisms to promote electricity generated from renewable energy sources (the
Federal Act of 12 May 2019); W. Vandorpe, D. Haverbeke en L. Pellens, “Belgische offshore windproductie – Tendering the way forward,
maar hoe exact? Enkele aandachtspunten” in Jaarboek energierecht 2020, K. Deketelaere en B. Delvaux (ed.), Intersentia, October 2021,
95 and 101.
12 T. Schoors en F. Goossens, “Steunmechanismen voor offshore hernieuwbare energie in België” in Jaarboek energierecht 2019, K.
Deketelaere en B. Delvaux (ed.), Intersentia, May 2018, 70 and 73.