Overview of the regional policy framework for energy communities

According to the Energy Communities Repository's research, the decree of the region of Flanders containing general provisions regarding energy policy (hereinafter 'the Energy Decree'), introduced provisions for Renewable Energy Communities (RECs) and Citizen Energy Communities (CECs). The Flemish Government has also set up a green energy call, which constitutes an investment support program for medium-sized PV installations and small and medium-sized wind turbines, including measures forenergy communities. Moreover, it should be highlighted that in Belgium there are several energy cooperatives established following the legislation on cooperatives pre-dating the Clean Energy Package.

With regard to the allocation of responsibilities on energy matters between the Federal level and the regions, it should be clarified that the responsibility for Belgium's energy and climate policy is divided between the federal government and the regional governments of Flanders,Wallonia and the Brussels-Capital Region. The federal government is responsible for electricity transmission and large-scale generation; transport of natural gas and oil; nuclear energy; securityof energy supply; price policy; consumer protection; the national rail system; transportation fuels; offshore energy; and energy research, development and demonstration (RD&D) related to its competences. Regional governments are responsible for renewable energy (except offshore energy), energy efficiency and greenhouse gas (GHG) emissions (except for federal buildings and vehicles), distribution of electricity and natural gas, regulationof retail energy markets, vehicle registration, public transportation, urban and rural planning, and energy RD&D related to their competences. Therefore, thereis different legislation on energy communities in the different regions, thus 3 different fiches will be created for Belgium, one for the region of Wallonia, one for Flanders and one for the Brussels-Capital Region.

At the Federal level, the law of 23 October 2022 amending the Act of 29 April 1999 on the organisation of the electricity market and transposing Directive(EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 concerning commonrules for the internal market in electricity and amending Directive 2012/27/EU introduced provisions for RECs and CECs. More specifically, the law defines a CEC as a legal entity that:

1. is based on voluntary and open participation and is effectively controlled by members or shareholders, who are natural persons, local authorities, including municipalities, educational institutions, associations, other energy communities or small and medium-sized enterprises (SMEs),
2. the main purpose of which is to provide environmental, economic or social community benefits to its members or shareholders or to the local areas in which it operates, rather than to make a profit, and
3. engages in production, including from renewable sources, offer distribution, supply, consumption, aggregation, energy storage, energy efficiency services, electric vehicle charging services or other energy services to its members or shareholders.

The law also states that CECs shall be subject to transparent and non-discriminatory cost-reflective network tariffs, white ensuring that they contribute in a sufficient and balanced manner to the sharing of the total costs of the transmission system.

In addition, the federal legislation introduces the definition of RECs, stating that the latter is a citizens' energy community:

1. which is based on open and voluntary participation, is autonomous and carries out its activities within Belgium,
2. whose shareholders or members are natural persons, local authorities, including municipalities, educational establishments, associations, other CECs or SMEs, provided that their participation does not constitute their main commercial or professional activity,
3. the principal purpose of which is to provide environmental, economic or social benefits to its shareholders or members, and not to make profit,
4. whereby the CEC holds shares in a legal entity that owns renewable energy projects developed for that legal entity,
5. where, in terms of energy production, self-consumption, storage, sale and sharing of energy, they relate only to energy from renewable energy sources,
6. which carries out its activities exclusively in the territorial sea and the exclusive economic zone.

Moreover, the Federal legislation states that without prejudice to the technical requirementsimposed by the competent authorities,and without prejudice to the competence of the Regions, a CEC that owns energy storage facilities directly connected to the transmission network shall have the right to:

• Not be charged double tariffs, including transmission network tariffs, for electricity stored on its own premises or if it provides flexibility services to the system operator, in respect to these storage facilities, and
• Not be subject to disproportionate licensing requirements, as referred to in the law, or disproportionate fees falling within the competence of the federal government.

Each CEC is financially responsible for the imbalance it causes on the transmission grid. Responsibility is ensured for the balance of its activities directly or by delegating this responsibility to a person responsible for the balancing. The law adds that the King may lay down detailed rules with regard to the implementation of this provision. lt is also mentioned that any contractual clause in a supply contract or other contract between a CEC and an electricity utility, or any unlawful paymentor sanction under such a contract that affects the right of citizens to buy or sell non-supply flexibility services or electricity services and to enter into a contract with a flexibility provider, or which infringe the rights of the CEC as referred to above shall be null and void.

Furthermore, the legislation states that without prejudice to the technical requirements imposed by the competent authorities, each REC shall be granted the right to carry out one or more of the following activities:

1. production of energy from an installation where the energy community is one of the owners of the production installation or has the rights of use;
2. self-consumption of the energy referred to in point l;
3. store energy by means of a storage facility;
4. provide or participate in energy services;
5. act as a provider of flexibility or aggregation services or participant in flexibility or aggregation;
6. sell the energy referred to in point 1, including under a power purchase agreement, on the transmission system.

At the Federal level, a support scheme to promote offshore renewable energy development has been designed to allow investment and ownership from energy communities, as part of the tendering process.

Finally, the law clarifies that the King may lay down detailed rules on the conditions for recognition and participation in RECs and that the latter shall have the right to carry out the activities referred to above without being subject to disproportionate or discriminatory technical requirements, or to administrative requirements, procedures and charges that do not reflect costs.

Last updated: May 2025