Offshore Wind Worldwide 2022 edition - Flipbook - Page 22
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V. Grid and grid connection
A.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 plan25 and the federal
Electricity Act.
B.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 MOG26. The Belgian
transmission system is extended to Belgian
territorial waters.
HoganBelgium
Lovells
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.27
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 determined by a Royal
Decree and differs per OWF28. It is uncertain
whether under the new legal framework a
cable subsidy will still apply (see supra Point
C. Incentives for investments).
C.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. 29
25 “Maritime spatial plan”, published by federal public service Health, Food Chain Safety and Environment on 6 May 2020 (Maritime spatial
plan | FPS Public Health (belgium.be)).
26 Art. 6/5 of the Electricity Act.
27 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.
28 Art. 7, §2 of the Federal Act of 29 April 1990.
29 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.