Development of the exploitation of renewable energy sources in the North Sea

In Belgium, in principle, competence over renewable energy has been granted to the Regions. However, this principle is weakened by the fact that the Regions exercise their substantive jurisdiction only within the limits of their territorial jurisdiction and, consequently, not over the maritime space in which Belgium exercises jurisdiction. In accordance with international maritime law, maritime spaces are under the jurisdiction of the federal government.

The Minister of Energy of the federal government grants the following licences:

1. Site concession for renewable energy production

   Previously, site concessions for renewable energy production had been granted on the basis of the Royal Decree of 20 December 2000 (Belgian Official Gazette 30.12.2000), which defined the procedure and conditions for granting site concessions.

   When the government approved the reduced level of support for the last three wind farms, to be built by 2020, on the initiative of Ministers De Backer and Marghem, the decision was also taken to start tendering new renewable energy projects in the North Sea from 2020, as is done in neighbouring countries and in accordance with European state aid rules.

   To this end, a law was passed by the Belgian Parliament on 4 April 2019 (ratified by the King on 12 May 2019), establishing the general principles of the competitive bidding procedure.
    

2. Permit to lay cables in the sea

   The basis is the Royal Decree of 17 May 2004 (Belgian Official Gazette 29.06.2004). It details the rules for the installation of offshore cables (electricity cables, telecommunications cables, etc.) entering the territorial sea or the national territory or being placed or used in the context of the exploration of the continental shelf, the exploitation of its mineral resources and other non-living resources, or the activities of artificial islands, installations or facilities under Belgian jurisdiction.

   The electricity cables allow the wind farms to be connected to Elia's onshore transmission grid and bring electricity to consumers or connect Belgium to neighbouring countries (interconnections).
    

3. A site concession for hydroelectric energy storage

   The basis is the Royal Decree of 8 May 2014 on the conditions and procedure for granting site concessions for the construction and operation of hydroelectric energy storage facilities in marine areas in which Belgium can exercise jurisdiction in accordance with international maritime law.

The Royal Decree of 20 December 2000, which defines the procedure and conditions for granting a site concession, did not originally provide for a defined zone for the installation of energy parks.

Because of the high level of activity in the Belgian sea area and the necessary safety regulations, clear agreements are needed to enable the further development of wind farms. Therefore, with a view to the sustainable management of the North Sea, at the Council of Ministers of 19 December 2003, the ministers responsible for Energy and the North Sea were instructed to provide a delineation for the installation of energy parks offshore. The first zone was created in May 2004. In order to avoid visual nuisance, most of this zone was established outside the 12-mile zone and thus in international waters in the Belgian Economic Zone (BEZ).

The Royal Decree of 20 March 2014 establishes the current marine spatial plan that definitively delineates the zone created in May 2004 for wind farms.

The first offshore wind turbines

At present, applications are only being submitted for electricity production by wind turbines. Other offshore energy exploitation techniques are being studied but are still in experimental or demonstration stages.

Currently, the following federal permits are required:

• a site concession from the DG Energy,
• a permit from the FPS Environment resulting from the environmental impact study covering the installation of the wind farm, the laying of the marine cable and its operation,
• a permit for offshore cabling (electricity cables) from the DG Energy,
• a road permit for the installation of onshore electricity cables and connection to Elia's transmission system.

The table below shows the state of affairs for the different concessionaires and the details of their wind farms (situation on 31.12.2021).

In particular, these pioneering projects were characterised by:

• the high number of planned wind turbines,
• the great distance from the coast, and
• the considerable depth required to lay the foundations for the pylons.

In other words: these were very ambitious and innovative projects at the time they were designed and built.

Future

The nine wind farms became operational between 2009 and 2020. Together, those farms have 399 turbines and a total installed capacity of 2,262 MW. Gross production from those farms is estimated to average 8.2 TWh per year in the coming years. That allows us to meet nearly 10 % of Belgium's gross electricity consumption without any CO₂ emissions and thus reduce our greenhouse gas emissions. This is not insignificant in the context of our European renewable energy targets and the reduction of CO₂ emissions in the atmosphere.

The Royal Decree of 22 May 2019 establishing the marine spatial plan for the period from 2020 to 2026 in the Belgian sea areas updates and completes the first marine spatial plan of 2014. The zone created in May 2004 for wind farms will not be changed, and an important second zone for energy production will be created.