Belgian view on private networks after citiworks

Contrary to our neighbouring countries, the different competent authorities have not yet been able to formulate a vision on the consequences of the citiworks/Flughafen Leipzig-Halle judgement of the Court of Justice.

In response to a parliamentary question, the Belgian (federal) minister of energy, Paul Magnette, declared
- The federal state and the regions will meet to decide who will be competent;
- The minister will ask the CREG and the regional regulators to give their advice on the issue of private networks;
- The implementation of article 27bis of the Third Package Electricity and Natural Gas Directives on small distribution systems must also be discussed between the federal state and the regions.

Belgian view on private networks after citiworks

Levy On Unused Electricity Production Sites

In 2006, the Belgian federal legislator imposed a levy on unused sites for electricity generation. In 2008 the amount of this levy was approximately EUR 50M. The Constitutional Court declared that the imposition was in line with the Belgian Constitution.

The aim of the levy was to force the incumbent electricity producer, Electrabel, to sell some or all of this sites to competing energy undertakings.

In 2008, the federal legislator amended the amount of the levy. As from the entry into force, this amount would be increased with EUR 20M.

In response to a question of Katrien Partyka (CD&V), the minister of energy acknowledged that imposing the levy did not reached the goals of releasing or selling these sites to other energy undertakings. All sites are still property of Electrabel and remain unused.

Levy On Unused Electricity Production Sites

New legislation in the Flemish Region

Last Thursday the Flemish Parliament adopted four new energy related Decrees.

- A decree modifying the existing Energy Performance of Buildings Decree of 22 December 2006 (EPB Decree);
- A decree modify the system of renewable energy certificates (green electricity certificates);
- A decree coordinating all the existing decrees on energy (the “Energy Decree”), comprising a new chapter on the application of the EU Emission Trading System/ETS on aviation; and
- A decree on the deep subsoil, aiming at regulating the exploration and extraction of hydrocarbons (including Coal Bed Methane, CBM) and possible new initiatives on Carbon Capture and Storage, CCS.

New legislation in the Flemish Region