Electricity regulation—Belgium—Q&A guide
Electricity regulation—Belgium—Q&A guide

The following Energy practice note provides comprehensive and up to date legal information covering:

  • Electricity regulation—Belgium—Q&A guide
  • 1. What is the government policy and legislative framework for the electricity sector?
  • 2. What is the organisational structure for the generation, transmission, distribution and sale of power?
  • 3. What authorisations are required to construct and operate generation facilities?
  • 4. What are the policies with respect to connection of generation to the transmission grid?
  • 5. Does government policy or legislation encourage power generation based on alternative energy sources such as renewable energies or combined heat and power?
  • 6. What impact will government policy on climate change have on the types of resources that are used to meet electricity demand and on the cost and amount of power that is consumed?
  • 7. Does the regulatory framework support electricity storage including research and development of storage solutions?
  • 8. Does government policy encourage or discourage development of new nuclear power plants? How?
  • 9. What authorisations are required to construct and operate transmission networks?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to electricity regulation in Belgium published as part of the Lexology Getting the Deal Through series by Law Business Research (published: July 2020).

Authors: Linklaters LLP—Arnaud Coibion; Lothar Van Driessche; Philippe Jonckheere

1. What is the government policy and legislative framework for the electricity sector?

Belgium is a federal state with several levels of government. The federal responsibilities regarding electricity supply include security of supply, the nuclear fuel cycle, production and federal supply licences, consumer protection and transmission (including local transmission) tariffs, as well as the North Sea. The three regions (Flanders, Wallonia and Brussels) are principally responsible for energy efficiency, (onshore) renewables, regional supply licences and distribution tariffs.

A large part of Belgian energy law, both at the federal and regional level, is based on the European Union’s internal market regulation (the Third Energy Package, which is supplemented by the Clean Energy Package, including new legislation on the electricity market design, renewables and energy efficiency, which have yet to be transposed into Belgian law). These rules, often directly applicable or transposed into Belgian law, include rules on infrastructure investment and state aid, the regulation of network operators (eg, regulated tariffs, unbundling requirements and third-party access), network operation and safety, trading (eg, market coupling) and market monitoring and supervision by independent regulators.

Belgium has been heavily dependent on imported energy since

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