Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 14
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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.10
The 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 2020.11
2.2 Scheme in relation to exclusivity to
construct, own and operate a project, as
well as to receive feed in revenues
The new tender procedure will be based on
the principle that the new concession will be
awarded – for a maximum term of 30 years
(including construction, maintenance, and
Belgium
decommissioning phase) – to the winning
bidder together with the required permits
and authorisations. As stated above, the
bidding procedure and criteria of the tender
will be defined by Royal Decree by 2024 at
the latest.
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).12
Currently various preliminary studies have
been conducted and can be consulted in an
online database.13
2.3 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.14
Due to the amendments to the Electricity
Act, the support schemes for the new con-
10 "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.
11 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.
12 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.
13 PEZ digital database (fgov.be)
14 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.
