Renewable energy in Belgium

39.2% of the energy consumed in Belgium in 2022 came from renewable sources. Wind farms (half of which offshore) represented roughly 50% of the renewable energy production, hydroelectric power represented 30%, solar energy 5% and biomass 15%. 

With nine offshore wind farms operational, Belgium is already the world’s fourth largest offshore wind energy producer, behind the UK, Germany and China. A doubling of the capacity, to 5.8 GW, is planned by 2030 off Belgium’s North Sea Coast, inter alia to cover the partial closure of Belgian nuclear plants (of which the total capacity is 5.9 GW, representing roughly half of Belgium’s energy consumption). 

Since Belgian energy legislation is primarily regional, with separate enactments in Flanders, Wallonia, and Brussels, our analysis will concentrate on recent developments within each of these regions. 

In the Flemish renewables sector, there are two noteworthy developments. Firstly, a new regulation has been introduced concerning the Licence Disputes Council. Since 2014, there has been much ambiguity regarding the time limit imposed on the respondent for a new decision in the context of a full or partial revocation of a licence. Under the new regulation, a non-binding deadline is automatically attached to the new decision (but there is an obligation to take a decision within a reasonable time). Additionally, the Licensing Disputes Council now has the authority to order the defendant to make a new decision, a change from the previous discretionary practice. 

Secondly, the 'Mestdagh' ruling from the European Court of Justice has had a significant impact on wind turbine permits in Flanders. The court ruled that the standards outlined in the Flemish Environmental Decree (VLAREM II) should be considered a plan or program under the EIA Directive. As no environmental impact assessment had been conducted when these standards were established, they were deemed unlawful. To prevent a potential cascade of permit invalidations, a Validation Decree was enacted. This decree solidified the existing standards for three years, requiring the Flemish Government to establish new conditions through an environmental impact assessment within that timeframe. 

However, several individuals initiated legal proceedings before the Constitutional Court, resulting in a temporary halt to the issuance of licenses. On October 14, 2021, the Constitutional Court ruled that the Validation Decree was valid and should not be annulled.  In line with this ruling, the Council for Permit Disputes has on several occasions refused to submit new preliminary questions to the ECJ regarding the requirement for an environmental impact assessment of the Validation Decree itself. Since the Constitutional Court's decision, the temporary licensing deadlock has been resolved, leading to a significant increase in licensing activities. 

On September 30, 2020, the political parties forming the Belgian federal government concluded an agreement aimed at ensuring the transition to a sustainable and resilient economy. To achieve this, the focus would be placed on investments in the following areas: 

1) improving the energy efficiency of (private) buildings, 

2) developing significant infrastructure for electric flexibility and enhanced storage, 

3) investing in renewable energy sources. 

The Flemish government also recently adopted a new Energy and Climate plan. This plan aims to achieve energy savings of 91.845 TWh, and an increase in renewable energy capacity to 31,974 TWh.  

Pursuant thereto, a new wind energy plan – Wind Power 2025 – has also been adopted by the Flemish government. This plan aims to increase the installed capacity of onshore wind energy power to 2.5 GW by 2030.  It is a response to the failure of the previous Wind Power Plan to meet its targets. The new plan will focus on the following aspects: repowering (i.e. renewing wind turbines to maximise output), reviewing the licensing framework for wind turbines and the follow-up on the rentability of new projects after 2025.  

In Wallonia, a new regulation (No. 2022/2577) was issued to accelerate the deployment of renewable energy. The Regulation sets out several conditions and formal requirements on how an application for a permit for a new wind farm should be made:  

1. For wind farms with a production under 0.1 MW, the permit application is governed by the Spatial Development Code and the Heritage Code. 
2. For wind farms with a production between 0.1 and 0.5 MW, an application for planning permission must be submitted to the local authority. 
3. For wind farms with a production over 0.5 MW, there is a unique permit application. For wind farms generating over 3 MW, an additional, unique requirement comes into play. A preliminary information meeting will be conducted to assess project feasibility and identify potential issues. Following this meeting, an impact assessment will be conducted. 

With regard to the operation of an onshore wind farm, the Walloon Government issued a sectoral decree on 25 February 2021, which entered into force on 27 April 2021. This decree contains various conditions concerning maintenance, control, safety, lighting, etc. 

A new "Pax Eolienica" was adopted on 25 October 2022, following approval by the Walloon government. This updated version includes 17 measures, including revisions to the permit issuance framework for new wind farm installations, aligning it with European Commission recommendations. The industry's production target for 2030 has been increased to around 6,200 GWh per year, up from the previous 4.600 GWh target. Additionally, the 2013 reference framework will be revised to better reflect current and more efficient technologies. A notable aspect of the updated framework is the introduction of a mandatory opportunity for citizen and municipal participation in the projects, which each group having up to a to 25% stake. 

On October 28, 2021, the Brussels government issued a ministerial decree to partially implement Directive 2018/2001, which promotes the use of renewable energy sources. The most significant change introduced by this decree was the updated regulation concerning green certificates (GCs). Producers of green electricity receive GCs for their production. Suppliers of green electricity are obliged to purchase a certain number of GCs from these producers. Supply and demand for GCs meet on the market and result in a market price. The grid operator, Elia, is required to purchase GCs at a guaranteed minimum price of EUR 65. However, the market price of GCs in Brussels is currently higher than the guaranteed minimum price- around EUR 81 in 2023.  

Also as far as the Brussels Region is concerned, a new climate plan was adopted in 2019: the “Energy Climate Plan 2030” to align with European commitments under the Clean Energy Package for all Europeans. This plan succeeds the 2016 Air-Climate Energy Plan and builds upon its core elements. The new target for 2030 is to generate 470 GWh from renewable sources, a significant increase from the previous goal of 330 GWh by 2020. To achieve this goal, the Brussels government has launched several ambitious projects such as SolarClick and NRclick. These programmes were evaluated in 2021 and adjusted in consequence. Finally, the Brussels government has also committed to investing in renewable energy outside its territory, which would generate an additional capacity of 700 GWh. As part of the above objectives, the Brussels Region is considering legislative measures to better promote renewable energy. For example, the region will examine the modification of the regional operating rules of the electricity market to encourage the development of collective projects and better use of local renewable electricity production in an area (with the use -subject to fair remuneration- of the distribution grid).