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Update
14.10.2025
In a recent webinar on “Flexible grid connections”, Stef Feyen, partner in Energy law, together with Jens Mosselmans and Mathijs Van Haver, respectively head and associate in the Public & Regulatory practice explored the latest measures being developed to tackle the challenge of grid congestions, a challenge that is on the rise with growing electrification.

Though the regulatory environment is complex and still evolving, here are 3 key takeaways from the discussion for business and project developers:

  • 1. Flexible connections may help avoid downright refusals to connect new projects or business to the grid, but no longer grant ‘firm’ access

    Belgium’s electricity grids are facing ever-increasing structural congestion, especially in some bottleneck areas. Amongst a range of potential (short-term) solutions, flexible connection arrangements may help minimize the occurrence of downright connection request refusals.

    The downside of such arrangements is that “flexibility” must be accepted, meaning that – on certain occasions – firm access may be unavailable as the possible to offtake/inject is curtailed to address structural congestion issues on (nearby) critical grid elements. Especially for offtake projects, such curtailment may have a significant impact on a business case.

  • 2. The search for certainty: fine-tuning and granularity are required to fully understand the impact of these ongoing regulatory developments

    To be able to fully assess the impact of flexible connections on projects and business operations, information is missing.

    Though, on the one hand, a basic regulatory framework (for flexible connections to the (federal) Elia grid) has been adopted by the CREG in April 2025, the framework requires further implementation to fully assess its impact. For instance, no decisions have been taken yet regarding how the use of flexibility beyond the (legal/contractual) parameters will precisely be compensated. Moreover, a shared concern by stakeholders is that the currently available information shared on the (scope of) flexibility lacks sufficient granularity to precisely assess its (business) impact.

    On the other hand, in Flanders, a new flexibility bill is going through the legislative pipeline. Though this framework seems – in some respects – slightly more ‘grid-user’-friendly, the bill has not yet been adopted, will require further implementation and may facilitate far-reaching measures changes, such as a prioritization framework (replacing the first-come, first-served logic currently underpinning the connection process). Whilst awaiting its implementation, two temporary products (i.e. Fluvius and Elia ‘Fall-back-flex’) have just been approved by the Flemish Regulator, which may offer short-term solutions to (otherwise blocked or stalled) connection requests.

  • 3. New projects and businesses requiring a reliable power supply should (anticipate to) make the grid connection a primary consideration in their business case

    A key factor for future project and business development is ensuring a reliable power supply. This requires careful consideration not only of alternative power sources, but also of whether the envisaged connection is firm or flexible. Early monitoring and detection of potential issues throughout the project or business development cycles is therefore essential.

    By identifying risks early, companies can explore alternative arrangements within the scope allowed by the evolving legal framework. For instance, the CREG has left room for ‘regulatory sandboxing’ in terms of transmission grid connections that may not be able to meet the (strict) requirements of (real-time) flexibility associated with (federal) flexible grid connections.

Flexible grid connections offer both a lifeline and a challenge. Companies that understand the legal, operational, and strategic implications can better position themselves to leverage opportuni-ties while mitigating risks in an increasingly electrified and capacity-constrained market.
Stef Feyen, partner in Energy law

More information
Our expert team is ready to provide tailored advice and support for navigating flexible connection arrangements and maximizing opportunities in Belgium’s evolving electricity grid. Contact us to learn more.

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