The political system of Belgium is based on a federal parliamentary democracy under a constitutional monarchy, with King Philippe as head of state since 21 July 2013.

Six constitutional revisions between 1970 and 2013 dissolved administrative and legal powers between the federal, regional and linguistic levels. Each of the three Belgian regions (Flanders, Wallonia and Brussels Capital Region) and each of the three linguistic communities (Dutch, French and German) has its own executive and legislative bodies, with no hierarchical relationship with the federal parliament and government whatsoever. The Brussels Capital Region is bilingual (Dutch and French).

The competencies for economic and energy policy are distributed between the federal state and the regions. The communities are primarily responsible for cultural and linguistic affairs and education, which includes R&D.

However, policy related to the nuclear sector, the nuclear fuel cycle and R&D in both nuclear fusion and fission remains the exclusive competency of the federal government.

Belgium is situated in north-western Europe between 49°30' and 51°30'N latitudes and 2°30' and 6°23'E longitudes. Roughly triangular in shape, its land area is 30.528 km˛, its extreme length is about 280 km (NW-SE) and its greatest breadth is about 181 km (NE-SW). Its altitudinal range is from about -5 m to 694 m (Signal de Botrange), but its mean elevation does not exceed 175 m.

To the northwest, the country is bounded by the North Sea for 65,5 km, to the north and northeast by the Netherlands for 450 km, in the east by the Federal Republic of Germany for 162 km, to the southeast by Luxembourg for 148 km, in the west and southwest by France for 620 km.

Its landscape varies widely, from the flat coastal plains along the North Sea, over a central plateau and the gently rolling hills throughout the country's central portion towards the almost mountainous forest area of the Ardennes region in the southeast.

The total length of Belgium's rivers including canals is about 26.600 km, of which only 2.043 km is navigable (and 1.528 km in regular commercial use); their total area is about 24.000 ha (to which can be added 1.900 ha of artificial reservoirs). The approximate annual run-off in Belgium is 360 mm or 11.000 million m³. In receipt of an annual discharge of 5.000 million m³ from upstream countries, the annual river discharge leaving Belgium is 16.000 million m³. Most of the country drains to the northeast into the Netherlands through the Escaut/Schelde and the Meuse/Maas. A few streams such as the Sűre/Sauer in the eastern Ardennes are in the Rhine drainage. A small area (Oise) drains to the Seine in France. A few minor streams flow directly into the North Sea.

Belgium has a temperate maritime climate with very mild winters and cool summers. The influence of the Gulf Stream and the Atlantic Ocean result in the climate being rainy, humid and cloudy. On average, there are 200 rainy days each year. The maritime influence on the climate decreases further inland and becomes almost continental in the Ardennes.

With a population of just over 11 million people living on 30.528 km˛ of land surface, Belgium is among the most densely populated countries in the OECD.

TABLE 1. POPULATION INFORMATION

* Latest available official data

Source: FPS Economy – Statistics Belgium (Statbel)

Belgium has a very open economy, situated at the heart of a zone of intense economic activity. Exports of goods and services accounted for 84,8% of GDP in 2012 and imports 83,6%. The Belgian economy is currently dominated by the services sector. GDP at current prices in 2012 amounted to USD 483 billion. Like neighbouring countries, Belgium felt the impact of the euro crisis in 2012.

TABLE 2. GROSS DOMESTIC PRODUCT (GDP)

* PPP: Purchasing Power Parity

** Latest available official data

Source: World Bank: World Development Indicators

TABLE 3. ESTIMATED AVAILABLE ENERGY SOURCES

* Solid, Liquid: Million tons; Gas: Billion m3; Uranium: Metric tons; Hydro, Renewable: TW

Note: Solid and gas reserves are not economically exploitable.

Source: FPS Economy – Energy Observatory

TABLE 4. ENERGY STATISTICS

* Latest available official data

** Energy consumption = Primary energy consumption + Net import (Import - Export) of secondary energy.

*** Solid fuels include coal, lignite

Source: FPS Economy – Energy Observatory

With no domestic oil or natural gas production, Belgium is fully dependent on imports for its energy supply, particularly since the end of the coal mining era (the last mine was shut down in 1992). Belgian energy policy is therefore guided by the concern to diversify both its sources of supply and its suppliers. Yet, due to its geographical location and infrastructure, Belgium plays an important role in Europe’s oil and gas supply chain. In the case of natural gas, Belgium is a major hub of gas flows in the region, with some 80 billion cubic metres (bcm) transiting the country each year, compared to domestic consumption of 16,7 bcm per year (2011).

Concerning electricity, the transmission system operators (TSOs) of the Pentalateral Energy Forum are conducting at the request of Belgium a comprehensive investigation into capacity planning and additional 'regional' investments (to be completed by the end of 2014). The Pentalateral Energy Forum is the leading forum for discussion and cooperation between the Benelux, France and Germany which aims at the creation of a regional Northwest-European electricity market as an intermediate step towards one common European electricity market. Its main objectives are market integration and security of supply.

The development of offshore capacities, particularly in the North Sea, is just as vital to the success of Europe's energy policy. The Belgian Government has played a major role in launching and coordinating The North Seas Countries’ Offshore Grid Initiative (NSCOGI). It was established by a Memorandum of Understanding on 3 December 2010 in order to form a regional platform for facilitating coordinated development of a possible offshore grid. The initiative was set up by the 10 North Seas Countries governments⁽¹⁾ and supported by ACER⁽²⁾ , ENTSO-E⁽³⁾ and national regulatory authorities as well as the European Commission. The NSCOGI countries worked together with regulators and TSOs on regulatory, technical and legal barriers and produced a grid study.

At national level, energy policy making is a competence shared by the federal and three regional governments (Flemish Region, Walloon Region and Brussels Capital Region), while the Communities (Flemish-, French- and German-speaking) are principally responsible for non-nuclear R&D.

This situation requires the establishment of several coordinating bodies. In 1992, the federal government and the three regional governments created a formal body for discussions on all energy matters, a co-operation group called Energy Consultations between the State and Regions, or CONCERE/ENOVER⁽⁴⁾. Its role is primarily advisory. It holds plenary monthly sessions and has several thematic working groups. The National Climate Commission (established in 2003), and the Federal Interdepartmental Commission for Sustainable Development are two other policy making forums bringing together different stakeholders from the regions and the federal level.

The Federal Government is competent in:

• Security of supply

• National prospective studies

• Nuclear fuel cycle and nuclear R&D programmes

• Large stockholding installations

• Production and transmission / transport of energy (electricity grid >70 kV), including large storage infrastructure

• Distribution and transport tariffs (Federal Regulator – CREG)

• Energy statistics and balances

• Offshore wind energy

The Federal Government has the exclusive competence in nuclear energy and is responsible for ensuring the country's security of energy supply.

The regional competencies are:

• Promotion of the efficient use of energy

• New and renewable sources of energy (except nuclear)

• Non-nuclear energy R&D

• Market regulation for the distribution

• Distribution and transmission of electricity (electricity grid <70 kV)

• Public distribution of natural gas

• District heating equipment and networks

• Recovery of waste energy from industry or other uses

• Regional energy statistics and balances

Though renewable energy sources are in principle the exclusive competency of the Regions, the Federal Government administers the territorial waters and is therefore also competent in regulating the development of offshore wind farms.

At the federal level, energy matters are handled by the Federal Public Service (FPS) Economy, SMEs, Self-employed and Energy while environmental issues are handled by the FPS Health, Food Chain Safety and Environment and the FPS Mobility and Transport is responsible for the transportation sector⁽⁵⁾.

The Sustainable Development Federal Public Service (PPS)⁽⁶⁾ develops and implements policy on sustainable development. The Science Policy PPS (BELSPO) is responsible for research programmes, as well as for Belgium’s participation in European and international R&D organisations and networks. The Federal Planning Bureau conducts modelling and analytical studies on economic, energy, social and environmental issues, and develops different scenarios and outlooks.

The Directorate-General for Energy, part of the Federal Public Service for Economy, SMEs, Self-employed and Energy is the key administration that develops and implements energy policy. It created an Energy Observatory which became operational in April 2009. The main objectives of the Energy Observatory are the monitoring of the energy markets and enhancing energy security through the following measures:

• collecting and disseminating data on demand and supply;

• processing information on consumer protection, market access and unfair commercial practices;

• establishing a permanent consultation forum for relevant stakeholders.

The federal energy policy is based on the Triple-S approach: Security of supply, Sustainability and Safety:

1. The Security of Supply Policy is based on an adequate assessment and monitoring of generation adequacy:

• Developing interconnections to contribute to base and peak load at short and medium term

• Integrating all possibilities of demand side management in order to deal with peak load at the short term

• Supporting new investments through capacity mechanisms

• Exempting of federal levy for gas fired power plants

• Providing a framework for existing capacities in order to manage peak demand at the short term

• Determining the timetable for the nuclear phase-out

• Emergency Response Management (ERM)

2. Sustainable energy

• Promotion of renewable energy: Offshore wind

• Promotion of electro-mobility: Electric Vehicles

• Promotion of biofuels

• Promotion of energy efficiency

• Promotion of a consumer friendly energy policy: Focus on Vulnerable consumers

3. Safety

• Ensure safe management of radioactive waste

• Ensure reliable and qualitative energy products (electric and gas appliances, monitoring of the control, certification and accreditation of the control of petroleum products)

• Ensure reliable & safe energy infrastructure through the implementation of national, European and International legislation (gas & electricity networks, EPCIP, FIPOL)

Belgium signed (1992) and ratified (1996) the United Nations Framework Convention on Climate Change and ratified the Kyoto Protocol in 2002.

The implementation of climate change policies and measures is based on joint plans drawn up by the federal and regional governments, which set their own priorities and are free to determine their own goals within the scope of their competencies. The regional governments have major responsibilities in areas such as rational use of energy, promoting renewable energy sources, town and country planning, agriculture and waste management.

It should always be kept in mind that Belgium is a federal state and that the responsibilities for energy and hence electricity policy are distributed between the federal state and the regions. As a result, there is no single Belgian electricity market, but rather a Flemish, Walloon and Brussels market, each of these markets partly depending on the legal framework at the federal level.

Belgium being a federal country, the regulatory framework for the electricity market is elaborate. The national regulator for the electricity and gas markets is the Commission for the Regulation of Electricity and Gas⁽⁷⁾ (CREG). This Commission is allocated with the responsibility to advise public authorities regarding the functioning of the electricity market and with the responsibility to monitor in general the application of related laws and regulations. It regulates and licenses electricity transmission above 70 kV, approves both transmission and distribution tariffs and monitors the market. The working costs of the CREG are covered by licensing fees and levies on electricity and natural gas.

Each region has its own regulatory institution for the electricity and gas markets: the Flemish Regulation Entity for Electricity and Gas⁽⁸⁾ (VREG) in Flanders, Walloon Commission for Energy⁽⁹⁾ (CWaPE) in Wallonia and the Commission for Energy Regulation in the Brussels-Capital Region⁽¹⁰⁾ (Brugel) in Brussels-Capital. The three regional regulators are responsible for the licensing and the regulation of distribution of natural gas and electricity (below 70 kV); technical regulations for the management and extension of natural gas networks; monitoring the regional electricity and gas markets and the green certificate schemes; arbitrating grid access disputes; and advising the regional government.

The four Belgian regulators for electricity and gas have launched a structural consultative process in the framework of the Belgian Forum for the Regulatory Bodies (FORBEG). It is a voluntary platform for discussion with a plenary session and several working groups focusing on the following issues: technical questions; information; complaints; green power; tariffs; and strategy.

However, the management of the Belgian electricity transmission system is observed by a single transmission system operator (TSO)⁽¹¹⁾, ELIA System Operator SA⁽¹²⁾. ELIA is sole responsible for operating, maintaining and developing the high-voltage transmission system, including interconnections to other grids, in order to ensure continuity of supply according to the model of “full ownership unbundling”⁽¹³⁾. Since it has a legal monopoly, it is subject to a special legal framework and to the authority of regulators responsible for checking and approving the way in which it operates (for instance, with respect to tariffs)⁽¹⁴⁾.

ELIA employs more than 1.100 professionals and owns and operates over 8.000 km of high voltage lines and underground cables throughout Belgium. ELIA also supplies power directly to major companies connected to the grid.

ELIA is investing in the future of the Belgian high-voltage grid, to safeguard security of supply, to integrate renewable energy and to enhance market development.

Investment projects are submitted for the approval of the federal or regional authorities via various investment plans. As a system operator, ELIA has to draw up four different investment plans for the development of its power grids:

• the transmission system development plan, which covers the whole of Belgium for all voltage levels from 150 kV to 380 kV at federal level;

• the investment and adaptation plans in the Flemish, Brussels Capital and Walloon regions, which cover the other voltage levels where ELIA operates.

The capital expenditure for 2013 set out in these plans forms part of the 2012-2015 tariff proposal approved by the regulator and then reflected in the ELIA grid access tariffs applying during that period.

ELIA launched the “Stevin project” to integrate the meshed offshore grid (also under development) into its onshore grid. The Stevin project⁽¹⁵⁾ addresses four major needs:

• It enables offshore wind power to be brought on land and transmitted to the domestic market.

• It is necessary in order to create a further interconnection with the Belgian grid via a subsea connection to the United Kingdom (Nemo project link).

• This expansion of the 380 kV grid will significantly improve the electricity supply for the West Flanders region and make further economic development possible in the strategically important growth area in and around the port of Zeebrugge.

• It enables the connection of additional decentralised electricity generation (wind, solar and other forms of sustainable energy) in the coastal region.

The Brabo project, upgrading the existing 150-kV line between Zandvliet and Doel to a 380-kV line and installing an additional phase-shifting transformer in Zandvliet on the border with the Netherlands, will shore up the high-voltage grid and will consolidate security of supply for both the port of Antwerp and Belgium as a whole⁽¹⁶⁾.

The high-voltage electricity systems around the German city of Aachen in Germany and Ličge in Belgium are relatively well developed and close to each other but they are not directly connected. Therefore, ELIA and Amprion (the TSO in this area in Germany) have decided to establish the first direct electricity interconnection between Belgium and Germany. The whole route for this link, which will be known as ALEGrO (standing for the Aachen-Ličge Electric Grid Overlay)⁽¹⁷⁾ and will use direct-current technology, will be laid underground. The works are expected to start in mid-2016 and the commissioning of the interconnection is anticipated in the beginning of 2019.

ELIA has an emergency plan setting out the roles and responsibilities of the various players in the event of a major problem in the electricity transmission system. Despite all the preventive measures taken, extreme situations resulting from a substantial shortage of power generation remain a possibility. In such cases, Access Responsible Parties (suppliers) are no longer able to supply a large number of their customers, to such an extent that the system operator cannot offset the imbalance in its control area. Since the winter of 2012-13, coordination with FPS Economy and the government crisis centre (CGCCR) continued and made it possible to finalise the procedures to implement with the parties in question in the event of a power shortage.

There are seven reactor units in commercial operation in Belgium, four at Doel and three at Tihange⁽¹⁸⁾. Together, they can generate about 55 per cent of the country’s electricity needs. In the summer of 2012, inspections of the reactor vessels of Doel 3 and Tihange 2 nuclear power stations revealed the presence of hydrogen flakes that required in-depth analyses. In a context of uncertainty regarding the future availability of the Doel 3 and/or Tihange 2 nuclear plants, ELIA performed calculations and simulations regarding security of supply for winter 2012-2013 and subsequent winters, based on various new assumptions concerning the availability of generating facilities. These figures and simulations were passed on to the Minister for Energy, who is responsible for Belgium’s security of supply. Although the ELIA grid allows up to 3.500 MW of power to be imported, ELIA nonetheless stresses the role of Belgian market players whose responsibility it is to find the counterparties needed to supply their customers with electricity – outside Belgium, if necessary.

In 2003 the federal government decided the progressive phase out of the production of electricity using nuclear fission energy by limiting the operating lives of existing ones to 40 years and prohibited the construction of new nuclear power plants and. In July 2012, the government confirmed this intention but modified by law ⁽¹⁹⁾ in 2013 the initial timetable for the nuclear power phase-out.⁽²⁰⁾. Doel 1 and 2 are to close in 2015 after 40 years of operation. However, Tihange 1⁽²¹⁾, which will also celebrate its 40th anniversary in 2015, is to be permitted to operate till 2025 to avoid the risk of blackouts. It also eliminated the possibility to invoke force majeure and change the timetable by Royal Decree if Belgium's security of supply is threatened. The other four Belgian reactors will reach 40 years of operation in 2022 and 2025. The nuclear phase out will be completed in 2025. The share of nuclear energy in the total domestic electricity production will consequently decline from 52,1 % in 2010 to 43,9% in 2015 and 33,5% in 2020. The short term future of Doel 3 and Tihange 2, however, remains unsure because of the aforementioned technical reasons.

In July 2013 the government approved a holistic energy adequacy plan, aimed at guaranteeing security of supply and at the same time ensuring competitiveness of industry in the context of the nuclear phase-out.

It will subsidise gas-fired generation and offshore wind capacity with taxes from nuclear power. The legislative framework has been put in place to launch a limited call for tender (800MW) in line with Article 8 of the EU Directive 2009/72/EC, to ensure the construction of a portion of the generation capacity needed to cope with the phasing out of nuclear capacity (6.000MW). The decommissioned nuclear plants should mostly be replaced by new CCGT-power plants. The support scheme for the offshore wind parks was adapted to make it more flexible, by taking the real revenues and costs into account, and minimising the cost for consumers. Finally, the Belgian Marine Spatial Plan foresees a new hydroelectric pumping storage capacity, to be built in the sea as two artificial ring islands or atolls with a generation capacity of 300 to 650 MW each. Both the energy atolls and the future offshore wind parks will be connected to the “plug socket at sea”⁽²²⁾.

Regional support schemes in favour of renewable energy have also recently been adapted to take into account the increasing share of renewables in the energy mix and their decreasing costs.

The liberalisation of the Belgian energy market began in April 1999 with the transposition of the first EU Directive on Electricity and Gas Markets. The law of 1 June 2005 fully implemented the EU Directive 2003/54/EC on the common rules for the internal electricity market. Liberalisation has been carried out in gradual steps. The electricity market was legally fully opened on 1 June 2003 in Flanders. Wallonia and Brussels Capital Region followed in 2004 and 2007. From 1 January 2007, supplier choice has been granted to all consumers in all regions.

The Third Energy Package⁽²³⁾ was transposed into Belgian law by the law of 8 January 2012 amending the law of 29 April 1999 on the organization of the electricity market (and the law of 12 April 1965 on the transport of gaseous and other products by pipeline).

The opening up of the European electricity markets has led to the introduction of a power exchange in Belgium: BELPEX⁽²⁴⁾ , the short term, physical power exchange for the delivery and off-take of electricity on the Belgian hub was established in Brussels in 2006. BELPEX facilitates anonymous, cleared trading in two different market segments, namely a day-ahead market segment (DAM) and a continuous intraday market segment (CIM). BELPEX’ day-ahead market segment is coupled with APX in the Netherlands and UK, EPEX Spot in France and Germany and Nord Pool Spot in the Nordic region. The intraday market segment is coupled with APX in the Netherlands and Nord Pool Spot in the Nordic region. As of 13 October 2010, APX became the 100% owner of the shares of BELPEX.

By the end of 2012, some 20.769 MW of electricity generating capacity was installed in Belgium, including 2.581 MW of photovoltaic, 1.365 MW of wind (986 MW onshore and 379 MW offshore) and 5.927 MW nuclear.⁽²⁵⁾

GDF SUEZ S.A., formed on 22 July 2008 by the merger of Gaz de France and SUEZ, has the dominant position on the Belgian market through its 100% subsidiary ELECTRABEL⁽²⁶⁾, the former incumbent electricity supplier. Despite the sale of GDF’s share in SPE⁽²⁷⁾, Belgium’s second largest electricity operator, most of the segments of the market remain highly concentrated in the hands of the merged company GDF SUEZ. Out of a total of some 110 generation plants connected to the ELIA grid⁽²⁸⁾ at the end of 2013, ELECTRABEL owns 75, thus controlling over 74% of electricity generating capacity (11449,5 MW)⁽²⁹⁾, coming down from 89% in 2002. EDF LUMINUS follows with 17 plants or almost 9% of generating capacity (1338,7 MW). The Tihange and Doel nuclear power plants are all operated by ELECTRABEL, though EDF owns 50% of Tihange 1 and EDF LUMINUS has a stake of 10,2% in four nuclear units (Tihange 2 and 3 and Doel 3 and 4).

Meanwhile, many power plants are no longer economically viable. In 2012, ELECTRABEL closed three plants (two biomass- and one natural gas-fired), while EDF LUMINUS closed one diesel power plant. Altogether 368,7 MW of generation capacity was lost. In 2013, ELECTRABEL closed three natural gas-fired plants (631 MW) and one biomass-fired plant (290 MW), while EDF LUMINUS put off a hydroelectric power plant (2.305 MW). Smaller producers closed three more gas-fired plans (162,5 MW).

On the other in 2012 hand Duferco Diversification⁽³⁰⁾ completed the construction of a new 420 MW CCGT power plant. C-Power brought 30 offshore wind turbines into service in 2012, and another 18 in 2013, each with a capacity of 6,15 MW, totalling 295 MW, while Northwind’s 72 offshore turbines became operational at the end 2013, adding another 216 MW. As a result, the total installed capacity in offshore wind turbines accounted for 571 MW at the end of 2013.

The legal separation between companies involved in production, transmission and distribution of electricity was completed in 2007 and both the Transmission System Operator (TSO) ELIA and the regional Distribution System Operators (DSOs) are fully legally unbundled from supply/production companies.

The Distribution system operators (DSOs) in Belgium are:

• ORES, TECTEO (RESA), Régie de Wavre, AIESH and AIEG in Wallonia,

• SIBELGA in the Brussels-Capital Region and

• EANDIS and INFRAX in Flanders.

The different DSOs have a monopoly over the territory in which they operate. They have municipal shareholders and have a legal requirement to be 100% local government-owned by 2018. With regard to the Brussels-Capital Region, ELECTRABEL has already withdrawn from the capital of SIBELGA. As a result, the municipalities have had 100% ownership of SIBELGA’s capital since 31 December 2012.

INTER-RÉGIES⁽³¹⁾ is the umbrella association of the pure public sector-owned electricity, natural gas and cable distribution system operators who have only municipal and provincial shareholders⁽³²⁾, while INTERMIXT⁽³³⁾ represents the municipal shareholders of the mixed inter-municipal distribution system operators.

FEBEG is the 25-member-association of Belgian electricity and gas companies, i.e. electricity generators, traders and shippers of electricity and gas, electricity and gas suppliers and suppliers of energy services.

FEBELIEC, the “Federation of Belgian Industrial Energy Consumers” represents the industrial energy consumers in Belgium in issues about energy and climate politics on Belgian and European level⁽³⁴⁾.

CREG, the federal regulator of the electricity and gas market in Belgium⁽³⁵⁾, estimates the total electricity generation⁽³⁶⁾ in 2013 at 70,6 TWh, compared to 71,7 TWh in 2012 and 80,1 TWh in 2011. This is a decrease of 1.5% compared to 2012 and of 11.9% compared to 2011. ELECTRABEL's market share of energy produced decreased from 86,1% in 2007 to 69,6% in 2012 and 69,3% in 2013.

Despite the decrease, the generation market is still very highly concentrated. ELECTRABEL delivered 66,4% of electricity consumed in 2011, EDF LUMINUS 17,5%, NUON 5,1%, E.ON 3,6% and ESSENT 2,1%⁽³⁷⁾. The remaining 5,3% was delivered by smaller players (<2%).

Since 13 September 2012, every citizen in Belgium can switch energy supplier for free with a notice period of one month and in September 2012 the FPS Economy has run a campaign “Dare to compare” to convince consumers switching electricity retailers is easy, aiming to encourage stronger competition between suppliers. This campaign will be repeated in November 2014.

TABLE 5. ELECTRICITY PRODUCTION, CONSUMPTION AND CAPACITY

(1) Net Maximum Electrical Capacity

(2) Gross Production

(3) Electricity transmission losses are not deducted.

(4) Final consumption (observed)

* Latest available official data

Source: FPS Economy – Statistics Belgium (Statbel)

Nuclear plants produced 40,9 TWh in 2013, an increase of 2,2 TWh over 2012. However, the figures for these two years are not comparable to previous years because two nuclear power plants, Doel 3⁽³⁸⁾ and Tihange 2⁽³⁹⁾, accounting together for just over 2000 MW, were unavailable for nearly a year in 2012 and 2013. Despite this special situation, the share of nuclear power generation⁽⁴⁰⁾ was 57,9% due to the decrease in overall generation in Belgium. Total gas plant generation was 17,6 TWh in 2013, a decrease of 3,7 TWh compared to 2012 whereas coal plants generated 4,3 TWh in 2013, also down (-0,8 TWh) compared to 2012. Gas and coal plant generation reached their lowest level of the 20072013 period. Other types of fuel contributed to a little less than 11,1% of electricity generation. In 2013, all offshore wind farms combined injected 1,5 TWh into the transmission grid, an increase of 75,5% compared to 2012. If onshore generation is added to offshore generation, total wind generation in 2013 was 1,8 TWh, an increase of 61,0 % over 2012.

The demand for electrical power, that is, net consumption plus pumping power and grid losses, amounted to 90,2 TWh in 2010, 87,5 TWh in 2011 and 86,8 TWh in 2012, i.e. a decrease of 0,9% between 2011 and 2012. In 2013, total electricity off-take in the ELIA control area was 80,6 TWh, a decrease of 1,4% compared to 2012. The maximum offtake was 13.446 MW, which is a little more than in 2012 but less than in 2007 (14.033 MW).

Belgium has in general been a net power importer since the beginning of the 1990s. In 2008, imports accounted for more than 13% of electricity demand. More recently, electricity imports have increased considerably. The complete unavailability of 2000 MW of nuclear capacity from August 2012 through June 2013 had a significant impact on the commercial use of import interconnections. The CREG estimates that, on average, 75% of unavailable nuclear capacity is compensated for by greater imports⁽⁴¹⁾. In 2013, net commercial imports to the ELIA control area were 1.124 MW on average and 9,8 TWh in total (that is 11% of the total electricity off-take).

The average Belgian commercial import capacity in 2013 was 3.932 MW and the average commercial export capacity was 2.821 MW. These figures confirm that Belgium is a highly interconnected country. The average import capacity was a little over 40% of the average consumption and a little less than 30% of the peak consumption in the ELIA control area.

TABLE 6. ENERGY RELATED RATIOS

(1) Net import / Total energy consumption.

* Latest available official data

Source: FPS Economy – Statistics Belgium (Statbel)

Primary energy intensity has declined on the whole in Belgium since 1990, reflecting the uncoupling of economic growth and primary energy consumption. Buildings constitute the leading end consumer of primary energy (33.7%), followed by industry (30.9%) and transport (20.7%). Total final energy consumption decreased at a yearly rate of 0.06% between 2000 and 2011. Alongside petroleum, which remains the dominant energy source (45.3% in 2011) at end-consumer level, the country has considerably expanded the use of natural gas (28.3%), electricity (15.6%) and, more recently, the use of renewable sources of energy (7.5%). Petroleum covers primarily the needs of the transport and residential sectors as well as non-energy uses (feedstocks); middle distillates represent 44% of the oil products consumed in the country. Electricity and natural gas, on the other hand, play a major role in industry and the residential sector, heat (1.7%) is used in industry while the use of solid fuels (1.7%) is mainly confined to the iron and steel industry.

Nuclear power development in Belgium began after World War II, when Belgium started uranium production in its mines in the Belgian Congo and signed a nuclear technical co-operation agreement with the US. Belgium was a groundbreaker in adopting nuclear technology for peaceful purposes in the early 1960s. For many years the Belgian nuclear industry covered almost all activities in the nuclear fuel cycle. After the commissioning of the pilot PWR reactor BR3 at SCK•CEN in 1962 and an early 305 MW PWR design by Westinghouse in cooperation with France (Chooz A) in 1966, commercial utilisation of nuclear power development took off in Belgium with the decision to build the Doel (in Flanders) and Tihange (in Wallonia) NPPs. Doel 1 and 2 were ordered in 1968, and Tihange 1 was ordered in 1969). Commercial development was accelerated by the 1970's oil crisis witch lead to the construction of four more nuclear reactors in 1974. By 1985, 7 nuclear power units – all pressurised water reactors – had been connected to the electricity grid, with a total net generating capacity of 5 824.5 MW.

On 16 January 2003, the Belgian federal parliament voted a law that promulgates the gradual phase-out of nuclear fission energy for commercial electricity production. The law prohibits the construction of new nuclear power plants and sets a 40-year limit on the operational period of existing plants.

On 4 July 2012, the Belgian Government confirmed this decision and by the law of 18 December 2013 it provided a timetable for the nuclear power phase-out between 2015 and 2025:

• Doel 1: 15 February 2015

• Doel 2: 1 December 2015

• Doel 3: 1 October 2022

• Doel 4: 1 July 2025

• Tihange 1: 1 October 2025

• Tihange 2: 1 February 2023

• Tihange 3: 1 September 2025

At the same time, it provided for the extension by 10 years of the licence of Tihange 1. The first reactors to be shut down will be Doel 1 in February 2015 followed by Doel 2 in December 2015. No new nuclear reactors intended for the industrial production of electricity by nuclear fission are to be built in Belgium. This law does not apply to nuclear research reactors.

The main milestones are:

FIGURE1: Organizational chart

Policy related to the nuclear sector, the nuclear fuel cycle and nuclear R&D is the responsibility of the Federal Public Service (FPS) Economy, SMEs, Self-Employed and Energy.

Licensing, control and surveillance are the responsibility of the Federal Agency for Nuclear Control FANC/AFCN and is supervised by the Federal Minister of the Interior.

FANC/AFCN

The Federal Agency for Nuclear Control⁽⁴²⁾ (FANC/AFCN)⁽⁴³⁾ is the Belgian Nuclear Safety Authority. It was established by law in 1994⁽⁴⁴⁾ and became fully operational on 1 September 2001. The FANC/AFCN has legal duties in the field of radiation protection, nuclear safety and radiological surveillance.

CREG

The federal Gas and Electricity Regulatory Commission (CREG) regulates and licenses electricity transmission above 70 kV, approves both transmission and distribution tariffs and monitors the market.

Its main missions are:

• to ensure that the electricity and gas market is transparent and competitive.

• to ensure that the market situation serves the public interest and fits into the overall energy policy;

• to represent essential consumer interests.

CREG also has an advisory role for the Belgian federal government and has the power⁽⁴⁵⁾ to perform investigations and studies on the electricity market, either on its own initiative or at the request of the Minister for Energy or a regional government.

ONDRAF/NIRAS

ONDRAF/NIRAS⁽⁴⁶⁾ (‘Nationale Instelling voor Radioactief Afval en verrijkte Splijtstoffen’ or ‘Organisme National des Déchets Radioactifs et des matičres Fissiles enrichies’)⁽⁴⁷⁾ is a public agency, entrusted by the legislator with the collection and management of radioactive waste generated on Belgian territory, so that it does not constitute any danger to the population or the environment.

The National Agency for Radioactive Wastes and Fissile Materials Management⁽⁴⁸⁾ operates under supervision of the federal minister in charge of the Energy and the federal minister in charge of Economy. It has been entrusted by the Law of 8 August 1980 with the safe transportation, treatment, conditioning, storage and disposal of all radioactive waste produced in the country. The Royal Decree of 30 March 1981 defined these missions and duties. NIRAS’ mission was extended by way of a law enacted on 11 January 1991, to include certain aspects of the management of enriched fissile materials and the decommissioning of nuclear facilities other than nuclear power plants, the procedures of which were defined in the Royal Decree of 16 October 1991. It also has the main responsibility for R&D on radioactive waste management and disposal in particular.

BELGOPROCESS

BELGOPROCESS, a subsidiary of NIRAS, offers integrated nuclear waste management and decommissioning services; driven by safety and backed by hands-on industrial experience. BELGOPROCESS is an expert in safely minimising the amount of radioactive waste produced and maximising release of decontaminated material while optimising operational costs.⁽⁴⁹⁾.

SCK•CEN

As a foundation of public utility, the Belgian Nuclear Research Centre SCK•CEN conducts research into the safety of nuclear installations, the management of radioactive waste and human and environmental protection against ionising radiation, safeguards of strategic materials and social implications of nuclear energy ⁽⁵⁰⁾.

According to its statutes and besides the research activities, it also guarantees the maintenance of a Centre of Competence in the domains of nuclear energy and ionising radiation, and has a role in communication, education and training. In 2012 it created its Academy for Nuclear Sciences and Technology. It also offers services in the scope of its competences.

Besides its duties within foregoing basic missions, SCK•CEN's materials test reactor BR2 plays also a prominent role in the production of medical radioisotopes and the doping of Silicon at use in renewable energy systems.

The BR2 reactor is in service since 1963 en was subject in this period to two major refurbishments, the last one dating from 1997. The next major refurbishment period is scheduled for 2015-2016. According the Belgian licence rules for nuclear installations, the safety of the BR2 reactor, whose present 10 year licence period extends to 2016, will be subject to a periodic re-evaluation in 2016, aiming to assure the safe exploitation for the next in 10 year period 2016-2026.

IRE

The National Institute for Radioelements (IRE)⁽⁵¹⁾ is a public utility foundation whose main activity is the production of radioelements used in nuclear medicine for diagnostic and therapeutic purposes. Its R&D department contributes to research in the field of radioelement production, environmental protection and radioactive waste management.

Through its subsidiary, IRE ELiT, the Institute develops its service activities relating to the environmental protection and its new radiopharmaceutical production activities.

SYNATOM

The fuel cycle for Belgian nuclear plants is managed by SYNATOM (Société Belge des Combustibles Nucléaires)⁽⁵²⁾, a wholly-owned subsidiary of ELECTRABEL. The Belgian government holds a “golden share” and appoints two representatives in the Board of Directors.

SYNATOM is responsible for the fuel cycle front-end management, i.e., the supply with enriched uranium of the seven nuclear power units; as well as the fuel cycle back-end management, i.e., the management of all activities in connection with spent nuclear fuel. In addition, SYNATOM is entrusted by Law with the management of the provisions for dismantling the Belgian nuclear power plants and for the costs related to their spent fuel⁽⁵³⁾.

ELIA

ELIA System Operator SA⁽⁵⁴⁾ is Belgium’s only transmission system operator (TSO) for electricity⁽⁵⁵⁾.

FIGURE 2: Location of nuclear power plants in Belgium)⁽⁵⁶⁾.

The nuclear power plants are located in Doel (in Flanders) and Tihange (in Wallonia).

The BR3 (Belgian Reactor 3), a prototype pressurised water reactor, was shut down in 1987.

TABLE 7. STATUS AND PERFORMANCE OF NUCLEAR POWER PLANTS

Licence renewals

The initial licences of the seven nuclear power plants were granted for an unlimited time.

After the licensing of the plants, the safety of the installations was continuously reviewed through different processes. The most important and systematic process is the series of periodic safety reviews (PSR) that is performed for all seven nuclear power plants.

In addition, many other projects with important modifications have been executed, amongst others steam generator replacements at all units, in some cases accompanied by power increase. Those major modifications to the nuclear power plants such as power increase, steam generators replacement, etc., are subject to license amendments following a similar process to the initial one.

As mentioned earlier, the federal government confirmed in July 2012 its intention⁽⁵⁸⁾ to limit the operating lives of existing nuclear power plants to 40 years and it provided (in 2013) a timetable⁽⁵⁹⁾ for a nuclear power phase-out between 2015 and 2025⁽⁶⁰⁾. The Law of 18 December 2013, amending the law of 31 January 2003 on the gradual phasing out of nuclear energy for the industrial production of electricity, limited the operating licenses accordingly.

11 March 2011 Fukushima accident

On 24-25 March 2011 the European Council decided that the safety of all EU nuclear plants should be reviewed, on the basis of a comprehensive and transparent risk and safety assessment. Following the specification proposal such “stress tests” by the Western European Nuclear Regulator's Association (WENRA) on 21 April 2011 and by the European Nuclear Safety Regulators' Group (ENSREG) on 13 May 2011, the Federal Agency for Nuclear Control (FANC/AFCN) proposed on 17 May 2011 the specifications for “Belgian Stress tests” applicable to power reactors⁽⁶¹⁾.

These specifications were adopted by Belgian Parliament on 16 June 2011⁽⁶²⁾.

In the light of the report submitted by ELECTRABEL (GDF SUEZ Group) to the Federal Agency for Nuclear Control (FANC/AFCN) on 31 October 2011, the FANC/AFCN concluded that the Doel and Tihange nuclear power plants have an adequate level of protection under extreme conditions⁽⁶³⁾.

A similar stress test evaluation was performed at SCK•CEN, BELGOPROCESS and IRE. FANC/AFCN also concluded that these installations have an adequate level of protection under extreme conditions. For all installations a follow-up plan with specific measures was implemented.

Prior to 1977 a few uranium occurrences and showings were reported and between 1979 and 1981 exploration was funded jointly by the European Commission and the (then) Belgian Ministry of Economic Affairs⁽⁷¹⁾. The results were published in 1983. Currently no exploration or mining activities are being done. Belgian regulations concerning prospecting and the export of ores contain no special provisions regarding nuclear ores.

As stated earlier, the supply of enriched uranium for the Belgian nuclear power plants belongs to the responsibilities of SYNATOM, which used to have an 11% share in the EURODIF enrichment facility on the Tricastin site in France. This facility closed down in June 2012. SYNATOM does not participate in Georges Besse II.

In 2008, SYNATOM announced a strategic partnership with POWERTECH Uranium Corp. from Canada, for the development of POWERTECH's uranium projects in the USA. SYNATOM currently owns 18,6% of POWERTECH.

No conversion or enrichment activities take place in Belgium.

Belgium invested MOX fuel at SCK•CEN and has experience in MOX fuel development and production dating back to 1960, though MOX has been in use in Belgian nuclear power plants since 1995 only.

BELGONUCLEAIRE has been operating a MOX-fuel manufacturing facility in Dessel from 1986 to 2006 at industrial scale. It had a yearly production capacity of 32 tonnes of MOX fuel for commercial West-European Light Water Reactors. At the end of 2005, it was decided to stop the production after the successive capacity increases of MOX plants in France and the UK. BELGONUCLEAIRE definitively ended its production activities in the Dessel MOX-plant in mid-2006⁽⁷²⁾. Decommissioning of the plant started in 2009 and has reached a progress of 90% by the middle of 2014; it will be completed in 2015.

FBFC (Franco-Belge de Fabrication du Combustible), a subsidiary of AREVA, had a fresh fuel production capacity of 500 tonnes per year, but the facility was shut down in 2012. Its 200 tonnes per year MOX fuel fabrication building will end activities in the middle of 2015.

Currently, commercial spent fuel is separately stored in dedicated facilities on the sites of the nuclear power plants (pool storage in Tihange and dry storage in Doel). End of 2012, the dry storage building in Doel contained 82 containers in which 2.424 spent fuel elements were stored, while the wet storage building in Tihange contained 2.267 such elements.

Reprocessing of spent fuel has been carried out by AREVA (formerly COGÉMA) in France since 1978, when SYNATOM entered into a reprocessing contract with COGÉMA.

Also in 1978, the Belgian government concluded an agreement in principle about the takeover of the EUROCHEMIC reprocessing plant⁽⁷³⁾ with the intention for it to supply domestic needs only.

The EUROCHEMIC pilot plant was founded in December 1957 by an international consortium of twelve OECD countries, in partnership with the private sector.⁽⁷⁴⁾ It was EUROCHEMIC’s mission to construct and operate an experimental reprocessing plant for the recycling of spent nuclear fuel and to conduct scientific research into new reprocessing methods, whilst offering training for the future European nuclear scientists.

EUROCHEMIC's plant was in operation from 1966 till 1974. A total of 181,5 tonnes of natural and low-enriched uranium was reprocessed. Of this material, 95,5 tonnes originated from commercial nuclear reactors. A total of 677 kg of plutonium was separated. In addition, 1.363 kilograms of high-enriched uranium was recycled from 30,6 tonnes of fuel elements from European pilot reactors. When EUROCHEMIC was commissioned in 1966, it employed 378 people of thirteen different nationalities. But it was precisely this international approach that proved its Achilles heel. Quite soon after the plant had been commissioned, the main partners France and Germany quit the partnership intent on taking industrial reprocessing of nuclear fuel into their own hands. With a maximum capacity of 60 tonnes of uranium a year, it was impossible for EUROCHEMIC to compete on an industrial scale with these large national reprocessing projects.

In 1984, the Belgian government transferred EUROCHEMIC to BELGOPROCESS (which at the time stood for Belgium reprocessing), but in 1986 the decision was made to close the factory. The demolition of the EUROCHEMIC reprocessing plant has been completed in 2014.

In December 1993, the Belgian Parliament imposed a moratorium on further reprocessing of the spent fuel. This moratorium is still in force, although it was initially established for a period of five years.

Radioactive waste generated during routine operations of nuclear facilities in Belgium is processed and conditioned on-site by the operator of the relevant facility or by the National Agency for Radioactive Waste and Enriched Fissile Materials (ONDRAF/NIRAS) in central processing and conditioning facilities located mainly in Dessel and managed by BELGOPROCESS, the industrial auxiliary subsidiary of ONDRAF/NIRAS.

The interim storage facilities for conditioned waste of all categories are centralised on the Dessel site operated by BELGOPROCESS.

Low-level solid waste is either incinerated or compacted in a 57 million euro facility named CILVA, which began industrial operation in 1994 and was certified according to the ISO 9001 quality management standard of 1995. Low-level liquid waste is treated chemically by flocculation and precipitation. After processing, the waste is encapsulated in cement in 400-litre drums and then stored inside a building designed specifically for the purpose. Bitumen was also used in the past, until 2004. Annually, an average of 500 mł of waste is supercompacted and 180 tonnes of waste is incinerated in the CILVA facility. Medium-level and long-lived alpha-bearing waste as well as Pu-contaminated glove-boxes have since 2007 been encapsulated in cement in 400-litre drums in the PAMELA-installation. About 801 mł has been treated and about 433 mł of conditioned waste produced up to the end of 2012.

The HRA/Solarium facility (G280X), built on site 2 at BELGOPROCESS and put into operation at the end of February 2005, is intended for the processing and conditioning by compression and cementation of historical medium-level waste and certain radium-bearing waste. By the end of 2013, 133 mł of waste had been processed in the HRA/Solarium facility.

A simplified representation of the organisation of radioactive waste management in Belgium⁽⁷⁵⁾ is sketched below:

FIGURE3: Organization of radioactive waste management

Building 150: commissioned in 1986 after Belgium joined the international moratorium on sea disposal of conditioned low-level waste. Capable of holding 1.929 mł, it has been filled to near capacity since the end of the eighties (it is filled with 1.914 mł of conditioned waste, or 3.317 packages at the end of 2012).

Building 151: commissioned in 1988, this is a modular building, initially featuring two storage halls. Two more halls were added in 1993, increasing the total capacity from 6.300 mł to 14.700 mł. The drums are stored by means of a remotely controlled roller bridge. By the end of 2012, building 151 housed 14.153 mł of conditioned waste (35.144 packages). According to the most recent predictions, its total capacity should be enough to accommodate Belgium's conditioned low-level waste until the beginning of 2016.

Building 127: commissioned in 1978, this building has undergone two phases of extension and adaptation, the last of which was in 1988. Since then, its total capacity has been 4.650 mł, split between 4 bunkers of the same size with reinforced concrete walls 80 cm thick. The drums are stored by means of a remotely controlled roller bridge. At the end of 2012, 3.863 mł of conditioned waste (15.855 packages) were housed in building 127.

Building 155: a storage facility specially designed to store low-level radium and plutonium-bearing waste following processing/conditioning. Commissioned in 2005, it consists of two separate storage rooms each: one for housing radium-bearing waste and the other for plutonium-bearing waste. Although it would be possible to extend the storage rooms, building 155's capacity should be adequate for all the drums of radium and plutonium-bearing waste currently in existence and for those whose production is forecast. At the end of 2012, building 155 housed 1.404 mł of conditioned waste (3.442 packages).

Building 270: a simple buffer storage on site 2 of BELGOPROCESS, used to temporarily store conditioned waste waiting for its transfer to the appropriate storage facilities on site 1 of BELGOPROCESS. At the end of 2012, 461 conditioned waste packages (198 mł) were stored.

Building 129: commissioned in 1985, this building has a capacity of 250 mł, split between two shielded bunkers with reinforced concrete walls, 1,2 m thick. The containers, which are handled remotely from a shielded control room, are placed in vertical steel shafts. The building contains 195 mł of conditioned high-level waste from the vitrification in the PAMELA facility of liquid waste derived from the reprocessing of spent fuel in the former EUROCHEMIC reprocessing plant. Since 1995, it also houses medium-level and high-level cemented waste from SCK•CEN's BR2 and BR3 reactors and from the operation and partial decommissioning of PAMELA. Ever since, building 129 has contained 215 mł of conditioned waste (2.335 packages). Although heat emitted by waste stored in building 129 is quite low, the storage shafts are ventilated to accelerate the dissipation of whatever heat is being generated.

Building 136: the construction of building 136 started in 1990. Five years later, the building was issued its operating licence. It is designed for the storage of medium-level and high-level waste resulting from the reprocessing by the French company AREVA (former COGÉMA) of spent fuel from Belgian nuclear power plants. Medium-level waste arising from the reprocessing in Dounreay of the SCK•CEN research reactor BR2 spent fuel will also be stored in building 136. Building 136 is capable of accommodating 600 containers of high-level vitrified waste and about 1.000 mł of medium-level cemented or compacted waste (additional modules may, if necessary, increase its capacity). The containers, which are handled remotely from a shielded control room, are placed in vertical steel shafts equipped with a constant ventilation system designed to dissipate the generated heat. This building is designed to resist extreme external disturbances such as earthquakes, explosions, or the crash of a military aircraft.

At the end of 2012, 390 containers (70,20 mł) of high-level vitrified waste, 408 containers (73,44 mł) of compacted medium-level waste (hulls and end fittings) repatriated from France, and 54 containers (30,24 mł) of medium-level waste from Dounreay were stored inside this building.

The very high-level waste will remain stored in the building for at least 60 years. The amount of heat initially released by this waste is such that it has to be left to cool down sufficiently before deep final disposal can take place, this to prevent the risk of altering the properties of the surrounding geological environment.

In accordance with the conditions laid down in the decision of the Belgian Government of 23 June 2006 to build a surface disposal infrastructure for the waste concerned on the territory of the municipality of Dessel, ONDRAF/NIRAS is pursuing its activities and efforts to realize the project in close cooperation with the local partnerships. The disposal project is integrated into a broader project that offers added value for the region, taking into account the concerns and values of the local community.

The local partnerships STORA (the original name STOLA has been changed into STORA) in Dessel and MONA in Mol have been prolonged and participate in the further steps of the decision making process and in the development of all aspects of the integrated disposal project. This integrated project includes the disposal project itself (the Installation for the Production of Monoliths (IPM) facility for the conditioning of category A waste into concrete boxes to produce disposal packages called “monolith”, surface disposal concrete infrastructures, control and drainage systems, auxiliary buildings) and the associated socio-economic aspects (prior importance to be placed on safety, health and the environment, communication centre, local fund to achieve social, economic and cultural added value for the municipalities concerned, …). Negotiations with all the parties concerned (radioactive waste producers, the federal, regional and local authorities) with a view to financing the socio-economic aspects have led to the creation of a special dedicated fund (see further description under Financing hereafter).

A project team ONDRAF/NIRAS established in Dessel is elaborating the various constituents of the global integrated disposal project. During the detailed study phase, which covers the period 2007-2016, all the components of the disposal project will have to be elaborated upon and settled in view of the project’s implementation and realization phase scheduled to start in 2017. ONDRAF/NIRAS is preparing the necessary applications and authorizations, as the agency will act as nuclear operator of the disposal site. The plan calls for putting the disposal site into operation by the year 2020.

The safety case prepared by ONDRAF/NIRAS for the licence application successfully passed the international peer review that was organized in 2012 by the NEA. The peer review concluded that the safety strategy and methodology employed were credible and founded on solid principles and that the project has achieved the technical maturity to proceed to the next steps of construction and storage. Based on the commentaries of the said peer review, the safety file was further elaborated and the licence application prepared for submission to the Federal Agency for Nuclear Control in January 2013.

On 31 January 2013, the procedure leading to the issuance of a “building and operations permit” for the surface storage of category A waste in Dessel was initiated with FANC/AFCN, which will constitute a new nuclear Class I facility. ONDRAF/NIRAS is currently formulating answers to all the questions and remarks expressed by FANC/AFCN, according to a strict methodical and systematic process.

In the 1970’s, an inventory of potential deep geological formations for the disposal of conditioned high level and alpha-bearing waste was drawn up by SCK•CEN and the Belgian Geological Survey. One of the promising potential host rocks was the Boom Clay, also present at the SCK•CEN site at a depth of about 200 m. More detailed investigations on that site started in 1974. Geophysical investigations led to the decision to build an underground research laboratory, called the High Activity Disposal Experimental Site (HADES), in the Boom Clay layer of the Mol-Dessel area. It is located on the SCK•CEN site, at a depth of 220 m, and comprised in 1984, an access shaft and two galleries in which numerous measurements and in situ experiments have taken place.

The principal areas of research include the geology and hydrogeology of the Clay formation, the definition of the deep underground repository concept, the backfilling material, the interaction between the waste, the engineered barriers (EBS) and the host rock and, in particular, the retention of radionuclides by Clay minerals; the assessment of spent fuel disposal techniques; the improvement and definition of the various disposal scenarios; the safety and performance assessment of a potential repository in the deep Clay. Several of these experiments are conducted in co-operation with other research organisations and universities, both national and international. An important experiment, conducted in close collaboration with the French waste disposal organisation ANDRA, deals with the lining of the galleries of a future repository.

In 1999, as part of the PRACLAY project (a preliminary demonstration test of high-level radioactive waste disposal in Clay); a second access shaft to the Boom Clay was built. This was followed, in 2002, by the excavation of an 80 meter-long gallery connecting the new shaft to the HADES underground research laboratory. For the excavation, the so-called Wedge Block System was used. This is a tunnelling technique that uses a drilling machine equipped with a segment erector and enables the collecting of important data on clay convergence. It was an innovative experiment, since it was the first time anywhere that the technique had been used at a depth of 225 m in poorly indurated clay such as the Boom Clay at Mol. It proved very successful, with an excavation rate of 2 to 3 m/day.

In July 2002, the SAFIR 2 report (Safety Assessment and Feasibility Interim Report), was published. It presents the results of R&D on disposal of high-level and long-lived waste performed in the period 1989-2000. The three main objectives of the report are:

(1) to provide a structured synthesis of the technical and scientific studies carried out on the disposal of category B and C waste in a poorly indurated argillaceous formation.

(2) to promote interaction with the nuclear safety authorities in order to reach closer agreement on the outstanding requirements for R&D on the principles of safety assessment.

(3) to offer a technical and scientific base for dialogue with all stakeholders in the long-term management of radioactive waste.

The report concludes that there are no fundamental problems that put the safety and feasibility of disposal of high-level waste in the Boom Clay into question. It reinforces confidence in the concept studied and confirms that, for the waste considered, disposal in poorly indurated Clay remains a viable option. By establishing an inter-disciplinary R&D programme that incorporates aspects of social sciences, it will be possible to further enhance confidence in the concept studied. In particular, paying due attention to management alternatives, developing repository designs, allowing for non-radiological environmental effects, and attention to societal aspects will increase confidence. The SAFIR 2 report was evaluated by an NEA peer review in October 2002 and its results were published in March 2003 (“SAFIR 2: Belgian R&D Programme on the Deep Disposal of High-level and Long-lived Radioactive Waste - An International Peer Review by NEA”).

The underground laboratory was extended in 2007 to include a representative-scale disposal gallery (45 m long), the so-called PRACLAY-gallery. The basic objective of the PRACLAY experience remains the study of the response of the Clay formation to heat, but the original PRACLAY experience has been redefined and reorganized into five in-situ components including the large-scale heater-test and three on-surface experiences aimed at testing the feasibility of building important elements of the EBS (buffer, overpack, plug, backfill...) and verifying and confirming the behaviour and interactions of these elements.

The underground and surface facilities of HADES and PRACLAY, and the research performed in them, are now managed by the European Underground Research Infrastructure for Disposal of Radioactive Waste in a Clay Environment (EIG EURIDICE), a European economic interest grouping of which ONDRAF/NIRAS and SCK•CEN are the founding members. EIG EURIDICE is now preparing the installation of the heater-test device. Commissioning of the heating test is planned to start in 2014.

The on-surface preliminary backfilling test of a disposal gallery within the scope of the European project ESDRED has been a success. The EIG EURIDICE, SCK•CEN and ONDRAF/NIRAS have been, and are, also involved in many other European projects and international collaborations in order to increase the scientific knowledge and allow collaboration with different experts worldwide.

The R&D team is preparing a first Safety and Feasibility Case, the SFC-1, integrating all existing scientific and technical arguments in order to increase the confidence of all stakeholders in the possibility of building, operating, and securely closing a geological disposal in Clay unit for category B and C waste that will remain safe during hundreds of thousands of years after closure. If the Waste Plan exercise (see above in Waste management policies) leads to the confirmation of the deep disposal option for the long-term management of category B&C waste, the SFC-1 report will support the decision of the Government to start the siting phase.

Whatever the Government’s decision based on the Waste Plan may be, the implementation of the chosen technical solution is bound to be a lengthy drawn-out process that will probably take a few decades before the selected solution becomes operational.

ONDRAF/NIRAS is legally obliged to prepare a plan for the long-term management of the radioactive waste under its responsibility. According to the law of 13 February 2006 (which transposes into Belgian legislation EC Directives 2001/42/EC and 2003/35/EC), this plan has to be accompanied by a strategic environmental assessment (SEA) and submitted for public consultation.

Although an extensive R&D programme assessing the use of Clay formations as potential host rock for the disposal of categories B and C waste started in 1974, no general policy decision or general guidance decision relating to the long-term management of those waste categories has been taken yet. In this context, ONDRAF/NIRAS has taken the initiative to compile in an integrated document, the “Waste Plan for the long-term management of high-level and/or long-lived radioactive waste”, all elements necessary to enable the Government to take, with full knowledge of the facts, a decision in principle regarding the long-term management of categories B and C waste. The Waste Plan is accompanied by a SEA (Strategic Environmental Impact Assessment) in which alternative long-term management options to disposal in Clay have been assessed. The assessment not only covers environmental impacts but also the scientific and technical bases of the various options, the economic aspects and attendant ethical and societal considerations.

The final Waste Plan, including the results of the public consultation and the accompanying documents, was adopted by the Board of Directors of ONDRAF/NIRAS on 23 September 2011.

Moreover, ONDRAF/NIRAS committed itself to:

• ensure the reversibility of the disposal facility’s operations and examine such measures as are likely to facilitate the potential recuperation of the waste after complete or partial closure of the disposal unit;

• maintain control functions over the proper operations of the disposal system that will be additional to the regulatory control;

• prepare as efficiently and effectively as possible the transfer to future generations of the knowledge linked to the disposal facility and the waste contained in it.

ONDRAF/NIRAS also recommended creating an independent monitoring body to ascertain that the decision making procedure progress as scheduled.

The Waste Plan will form the basis for establishing the national policy and the national programme on the long-term management categories B and C waste, as requested by the recent Law of 3 June 2014 transposing the EU Directive 2011/70/EURATOM (see hereafter).

Whatever the option for the long-term management of categories B and C waste, the implementation of the technical solution chosen is bound to be a long, stepwise, open and participative process that will probably take a few decades before the selected solution becomes operational.

EU Directive 2011/70/EURATOM, establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste, has been completely transposed by the Law of 3 June 2014. The national policy will be laid down by Royal Decree deliberated in the Council of Ministers, on the proposal of ONDRAF/NIRAS and after consulting FANC/AFCN. The Law provides for the creation of a National Programme Committee that will be in charge of establishing and keeping up to date the national programme, which will cover all stages of the management of radioactive waste and spent fuel. The Ministers in charge of Energy and Economy will lay down, by ministerial decree deliberated in the Council of Ministers, the national programme on the proposal of the National Programme Committee and after consulting FANC/AFCN.

Most of the nuclear research in Belgium is carried out at the National Nuclear Research Centre SCK•CEN, which also provides training and other services to the nuclear industry, the medical sector and the authorities, and promotes public awareness of nuclear technology. The nuclear research by SCK•CEN is mainly aimed at reactor safety experiments, innovative fuel cycles and partitioning and transmutation, advanced nuclear systems, radioactive waste disposal, decommissioning, radiation protection, and health physics and medical and space applications.

The research areas for SCK•CEN are authorised by Royal Decree.

The first priority is to maintain the safety of the nuclear power plants. This involves research of the ageing of their main components and the safety aspects of fuel development. The research is carried out in cooperation with TRACTEBEL Engineering, the nuclear engineering company of GDF SUEZ, and to a large extend in cooperation with the international research community, and at the service of the international legislation and safety authorities and industry. Regarding the integrity of structural reactor systems, structures and components, advanced scientific sound evaluation methodologies are continuously elaborated, leading to thorough and improved surveillance practices. Regarding nuclear fuel safety, comprehensive qualification programmes are being performed, both to support and validate the proper and safe operation of the ever evolving fuel, and to assess its back-end aspects such as the ultimate source term and thermal-mechanical performance.

The second priority is to find an appropriate solution for the long-term management of the long-lived medium- and high-level radioactive wastes.

Besides its basic missions – i.e. the development , qualification and surveillance of materials and components for use in nuclear installations – SCK•CEN's high performance materials test reactor BR2, which ranks among the world top class of high neutron-flux reactors, produces 25% of world-wide demand of the dominant medical isotope ^99mTc, applied commonly in oncology and cardiology. A wide range of other radioisotopes applied in various medical diagnostic and therapeutic procedures are being produced at BR2. Furthermore it produces the ?- and ?-radioisotopes that have recently broken through for radiotherapeutic applications. The second main industrial application of BR2 concerns the highly homogeneous doping of silicon (covering also about 25% of the global demand) at use in renewable energy systems like hybrid/electric cars and electrical energy conversion and transmission systems as essential in windmills and solar power.

The present licence of the BR2 reactor extends to 2016. To prepare the next 10 years licence period of BR2 (2016-2026), conform the strategic note of the safety authorities (FANC/AFCN) regarding the long term operation of research reactors, an analysis on the design upgrades and advanced structural/functional maintenance and ageing management measures – in order to comply with modern safety standards – has been made up and approved by the safety authorities. In parallel with the implementation of the identified periodic safety review measures, the measures resulting from the stress test conducted in 2011-2012, to improve the robustness against external hazards of the SCK•CEN installations in general and the BR2-reactor in particular will be implemented as well by 2016. Two essential points regarding the safe BR2 exploitation are the reactor vessel and the beryllium (structural support) matrix of the reactor core. The condition of the reactor vessel is predicted on basis of a surveillance program that entails an accelerated irradiation of representative material that is tested on its embrittlement resulting from the neutron-damage. The results of these tests assure the resistance of the vessel material against brittle fracture up to doses experienced by the actual vessel well beyond 2026. The present Beryllium matrix, being in service since 1998, has reached half of the maximal allowed irradiation dose in 2011. The maximum lifetime of the matrix, subject to swelling and cracking as neutron fluence is accumulated, would be reached in the second half of the 2016-2026 period. Hence, it will be replaced by a new one in 2015-2016, thus providing a safe condition of this matrix regardless of the exploitation regime that could be enhanced in the 2016-2026 period, while providing maximal operational flexibility given the poison-free condition of a new Beryllium matrix.

SCK•CEN has a statutory mission to conduct research on the protection of man and environment against the harmful effects of ionizing radiation. In the field of life sciences, SCK•CEN has dedicated laboratories for specific research in radiobiology, microbiology and radioecology. The laboratory for radiobiology studies the effects of low dose ionizing radiation on the developing mammalian organism, the induction of cancer and non-cancer diseases and the individual radiosensitivity. A new animal facility using state-of-the-art technology is operational since February 2014 to clarify the significance of short term biological responses to ionizing radiation for the human health in the long term. The laboratory for microbiology investigates bacterial adaptation under extreme conditions, such as cosmic radiation, microgravity, heavily polluted soils and the geological disposal of radioactive waste. Radioecological research is performed in the unit biosphere impact studies. Its main focus is on understanding the behaviour of radionuclides in the biosphere for the protection of man and environment in normal and accidental situations.

SCK-CEN is a major player in European Radiation Protection and Safeguards research and is founding member and member of the management board/president such as MELODI, ALLIANCE, NERIS, EURADOS, and ESARDA.

The societal aspects of nuclear technology are also investigated with emphasis on public participation in the decision process. Research is performed in the context of decision support to add to the transparency of decisions. Three major areas are investigated: nuclear waste management, nuclear risks management and energy management.

SCK•CEN is developing the multipurpose nuclear research facility MYRRHA⁽⁷⁷⁾, identified within the European ESFRI roadmap and within the European Sustainable Nuclear Industrial Initiative (ESNII) of the Sustainable Nuclear Energy Technology Platform (SNETP) in support of the SET-Plan. MYRRHA⁽⁷⁸⁾ will be a sub-critical assembly driven by a high power proton accelerator that generates the primary neutrons by means of spallation reactions in the centre of the core to trigger fission reactions in the sub-critical core. MYRRHA is designed in such a way to be able also to operate in a mode. As well as being able to produce radioisotopes and doped silicon, MYRRHA's research functions would be particularly well suited to investigating transmutation and demonstrating the efficient operation of the concept of Accelerator Driven Systel (ADS) at a pre-industrial scale. Early in 2010, the Belgian government approved its share of funding of the facility at SCK•CEN. Belgium is to contribute 40% towards the 960 million euro (of 2009) (1,3 billion USD) investment the project will require. Belgium and SCK•CEN are looking to set up an international consortium to ensure additional financing of the project. In 2009, MYRRHA itself was scheduled for operation in 2023, but a reduced power model, GUINEVERE, became operational in February 2011.

In 2010, the Belgian government has granted SCK•CEN a budget of 60 million euro for a five year period (2010-2014) for advancing the design of MYRRHA, securing its licensing and consolidation of the investment and operational cost of the facility and preparing the international consortium for investing in MYRRHA. At the end of 2014, the Belgian government will be reviewing the achievement of SCK•CEN related to the MYRRHA project before deciding on the next steps of the project.

Belgium is active in a number of international nuclear organizations including the International Atomic Energy Agency (IAEA), the Nuclear Energy Agency (NEA) of the Organization for Economic Co-operation and Development (OECD) as well as other bilateral and multilateral organizations such as the World Association of Nuclear Operators (WANO).

SCK•CEN is coordinator of the Belgian Support Programme to the IAEA for safeguards. It also executes most tasks of the Support Programme. Among these tasks, the most important contributions relate to development of safeguards approaches for geological repositories and the Accelerator Driven System MYRRHA, currently in design at SCK•CEN. Moreover, SCK•CEN makes available its facilities and subject matter experts for calibration of IAEA equipment and courses to IAEA safeguards inspectors, helping the IAEA to better perform the safeguards inspections in the framework of the Non-Proliferation Treaty and Additional Protocol.

SCK•CEN is a major player in European projects and has research collaborations on the peaceful use of nuclear applications with most "nuclear" countries/institutes throughout the world.

As member state of the EU’s Joint Undertaking for ITER and the Development of Fusion Energy, Belgium contributes to the development of fusion energy which aims to start producing CO₂-free electricity in 2050.

The Federal Agency for Nuclear Control (FANC/AFCN)

The regulatory authority in the field of radiation protection, nuclear safety and radiological surveillance is the Federal Agency for Nuclear Control⁽⁸⁸⁾ (FANC/AFCN)⁽⁸⁹⁾, a public body with legal personality which is supervised by the minister for the Interior. It was established by law in 1994⁽⁹⁰⁾ to ensure that the public and the environment are effectively protected against the hazards of ionizing radiation, but became fully operational on 1 September 2001.

By the decree laying down the General regulations for the protection of the population, workers and the environment against the dangers of ionising radiation (GRR-2001)⁽⁹¹⁾, the regulatory responsibilities for radiological protection were transferred from the specialised offices of the Ministry of Public Health and the Environment and the Ministry of Labour and Employment to this Agency. On 2 April 2003 and 30 March 2011, this law was amended to include nuclear security.

The FANC/AFCN is an independent governmental body. Its legal statute is in itself a guarantee that it can make independent regulatory judgements, within its legal competences. The FANC/AFCN can organize its internal decision-making and can recruit its staff with sufficient autonomy from the political level. The FANC/AFCN has legal personality. This means that it can defend its position before court against other interested parties when needed.

The FANC/AFCN has been given its basic missions and powers, such as review and assessment tasks, control and inspection tasks and enforcement powers for its nuclear inspectors, directly from parliament. This legal empowering guarantees that a constitutional independence with respect to the Government, because the King cannot suspend the normal execution of laws.

In 2008 Bel V was created as a subsidiary of the FANC/AFCN following a Parliamentary resolution. Bel V took over the personnel of the former Authorized Inspection Organisation (AIO) AVN. A management contract between FANC/AFCN and Bel V, delegates some tasks to Bel V, such as the controls of nuclear facilities and the review and assessment activities for these facilities. Today, the regulatory body for nuclear power plants is composed of the FANC/AFCN and Bel V.

The missions attributed to the FANC/AFCN by the Law of 15 April 1994 and its associated royal decrees are allocated to different departments and sections. The only legal requirement regarding the organisational structure of the FANC/AFCN is the separation between regulation development activities and the surveillance and inspection activities.

The FANC/AFCN is currently composed of five departments, with a total of about 150 people:

• Regulation, International Affairs and Development (RIAD)

• Facilities and Waste

• Security and Transport

• Health protection and Environment

• Support

The regulatory function “development of regulation and guides” (Article 24 of Law of 15 April 1994) is ensured by the department “Regulation, International Affairs and Development (RIAD)”.

The regulatory function “licensing” (Art. 16 of Law of 15 April 1994) is ensured by the department “Facilities and Waste” for nuclear facilities, industrial facilities and waste management facilities (including disposal facilities) and activities (including decommissioning)

The regulatory function “review and assessment” of facilities (Art. 15 & 16 of the Law of 15 April 1994) is performed by the departments responsible for the licensing of these facilities and by Bel V for nuclear facilities, by delegation of the FANC/AFCN.

The regulatory function “inspection and enforcement” (Art 16§3) is performed by the same departments that are responsible for licensing and by Bel V for on-site inspections in nuclear facilities, with the support of FANC/AFCN nuclear inspectors when enforcement actions are needed.

Security matters (Art. 17 of the Law of 15 April 1994) are also within the mission of the FANC/AFCN and are entrusted to the department “Security and Transport”.

Other additional functions performed by the FANC/AFCN are:

• Radiological surveillance of the Belgian territory and the participation in the national nuclear emergency preparedness and response plan, which are allocated to the department “Health protection and Environment” (Art. 21 & 22 of the Law of 15 April 1994);

• Communication with the public and political authorities, allocated to the FANC/AFCN Management, the Communication office and to the RIAD department (Art. 26 of 1994).

The FANC/AFCN may propose laws and decrees to the Government and it has to implement laws and decrees to review licence applications, to propose licences or to grant licences, as applicable, to ensure compliance with the regulatory provisions and the licence conditions.

The FANC/AFCN is also a founding member of the West European Nuclear Regulators Association (WENRA). Together with Bel V, it participates actively in the Reactor Harmonization working group (RHWG) and in the Working Group on Waste and Decommissioning (WGWD) and in particular in the working group developing reference levels for waste disposal facilities.

Licensing takes place under the authority of the Minister of Interior (Royal decree of August 7, 1995), who has the guardianship over the Federal Agency for Nuclear Control (FANC/AFCN). The Minister and the Agency are responsible for promulgating and enforcing regulations designed to protect the employees of the nuclear plants and the population against the hazards of ionising radiations. The Agency is assisted in technical matters by a Scientific Council of experts and representatives from various authorities responsible for nuclear safety. They have only an advisory role. The Council gives recommendations by absolute majority. Bel V⁽⁹²⁾, the subsidiary body of the FANC/AFCN, carries out official acceptance procedures for nuclear installations prior to commissioning and exercises supervision over nuclear installations during operation. Final authorization for nuclear plant commissioning rests with the King.

The main steps in the Belgian licensing procedure for nuclear installations (referred to as “Class I” installations in the Belgian regulations) are described in the GRR-2001 and are summarized below:

1. Filing of an application: the licence application is first sent to the Director General of the FANC/AFCN, together with the relevant information (characteristics of the installation, planned safety measures, an Environmental Impact Assessment, and a study of the premises and the demographic, geological, meteorological, etc. characteristics of the area of the installation). The application has to contain a preliminary safety report and a report describing the incidences of the environment;

2. The Scientific Council is consulted a first time. After the Council has given its preliminary advice, it is sent to the applicant. Then the European Commission is also consulted (if necessary) according to article 37 of the EURATOM Treaty, as well as all the municipalities in a radius of 5 km around the installation (who inform their population) and the Province involved. After the advice of the municipalities, of the Province and of the European Commission have been received, the file is submitted to the Scientific Council once more, which then gives its definitive advice;

3. The Minister of Interior then decides by submitting a Royal Decree to the King. This Royal Decree gives the construction and operation licence. It contains the conditions to be respected. These stipulate, among other things, the content of the safety report;

4. After the construction of the installation, and before the start of the operation, the Agency or Bel V proceeds with the acceptance of the installation. This acceptance must establish the conformity of the installation with the general regulation, the stipulations of the construction and operation licence and the safety report. If the acceptance is favourable, the Minister of Interior proposes to the King to confirm the construction and operation licence, which are granted for an unlimited period.

Nuclear Law, establishing responsibilities for different areas

• Law of 8 August 1980 on the budgetary proposals for 1979-1980, art. 179 §2 and §3 (as amended by the laws of 11 January 1991 and 12 December 1997), establishing the “National Agency for Radioactive Waste and Fissile Materials” (ONDRAF/NIRAS) and entrusting ONDRAF/NIRAS with the safe transportation, treatment, conditioning, storage and disposal of all radioactive waste produced in the country. This law was modified by the law of 11 January 1991, which also slightly changed the name of the agency towards ‘Belgian National Agency for Radioactive Waste and Enriched Fissile Materials’

• Royal Decree of 30 March 1981 defining the missions and duties of ONDRAF/NIRAS, as amended by the Royal Decrees of 16 October 1991, 4 April 2003, 1 May 2006, 18 May 2006, 2 June 2006, 13 June 2007, 3 July 2012, 25 April 2014

• Law of 15 April 1994 on the protection of the public and the environment against the dangers of ionising radiation and on the Belgian Federal Agency for Nuclear Control [It constitutes the legal basis for the FANC/AFCN as regulatory body and sets out the basic elements for protecting the workers, the public and the environment against the adverse effects of ionising radiation, repealing and replacing the Law of 29 March 1958]

• Law of 31 January 2003 on the gradual phasing out of nuclear energy for the industrial production of electricity

• Law of 18 December 2013 amending the law of 31 January 2003 on the gradual phasing out of nuclear energy for the industrial production of electricity

Civil nuclear liability

• Law of 22 July 1985, as modified by the Law of 11 July 2000, on nuclear liability, which integrates the Paris Convention and the follow-up Convention of Brussels and their additional protocols. (This law sets the maximum amount of the operator’s civil liability for damages caused by a nuclear accident to about 300 million euros (per accident and per site.)

• Law of 10 February 2003 on the liabilities for staff employed by public entities

• Royal Decree of 28 December 2011 laying down the maximum amount of the damage for which the operator or carrier may be held responsible in the case of transport within the meaning of Article 14 of the Law of 22 July 1985 on third party liability in the field of nuclear energy

Establishing a regulatory body

• Law of 15 April 1994 on the protection of the public and the environment against the dangers of ionising radiation and on the Belgian Federal Agency for Nuclear Control (FANC/AFCN), repealing and replacing the Law of 29 March 1958 [It constitutes the legal basis for the FANC/AFCN as regulatory body, its role being defined in articles 15, 21 and 22]

• Law of 22 December 2008 amending the Law of 15 April 1994 and allowing the FANC/AFCN to create Bel V in order to perform regulatory missions that can be legally delegated by the FANC/AFCN, without consulting the public market

Implementing IAEA safeguards

• Law of 26 November 1996 approving the Convention on Nuclear Safety of 20 September 1994

• Law of 5 June 1998 approving the Convention on Early Notification of a Nuclear Accident of 26 September 1986

• Law of 5 June 1998 approving the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency of 26 September 1986

• Law of 2 August 2002 approving the Joint Convention on the Safety of Spent Fuel Management and on the Safety of radioactive waste management of 5 September 1997

Rules for environmental protection

• Law of 13 February 2006 on the assessment of the environmental consequences of certain plans and programs and the public participation in the preparation of plans and programs in connection with the environment

• Law of 5 August 2006 on public access to environmental information

Import and export controls of nuclear material and items

• Law of 1 June 2005 on the implementation of the Additional Protocol of 22 September 1998 to the International Agreement of 5 April 1973 in implementation of Article III, Paragraphs 1 and 4 of the Convention of 1 July 1968 on the nonproliferation of nuclear weapons

• Law of 13 November 2002 approving the Additional Protocol to the Agreement in implementation of Article III, paragraphs 1 and 4 of the Treaty on the Non-proliferation of Nuclear Weapons and Annexes I, II and III of 22 September 1998

• Royal decree of 24 March 2009 on the import, transit, and export of radioactive materials, transposing directive 2006/117/EURATOM (replacing directive 1992/3/EURATOM) on the supervision and control of shipments of radioactive substances between Member States and suppressing chapter IV of GRR-2001

Security principles, including physical protection of nuclear material and facilities and protection of sensitive information

• Law of 11 December 1998 on classification and security clearances, certificates and advice

• Law of 15 July 2008 approving the Amendment to the Convention on Physical Protection of Nuclear Material (CPPNM) of 8 July 2005

• Law of 10 September 2009 approving the International Convention for the Suppression of Acts of Nuclear Terrorism of 14 September 2005

• Law of 1 July 2011 relating to the security and protection of critical infrastructures, partially transposing Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection

• Royal decrees of 17 October 2011 on security, addressing categorization and protection of documents, physical protection of nuclear materials, nuclear installations and transport, categorization of nuclear materials and definition of security zones in nuclear installations and nuclear transport organizations, security clearances and certificates, and regulating access to security zones, nuclear material or documents in specific circumstances

Roles of national government, local government, and stakeholders

• Special Law of 8 August 1980 on Institutional Reform, awarding federal and regional authorities joint responsibility for energy policy

• Law of 8 August 1980 on the budgetary proposals for 1979-1980, art. 179 §2 and §3 (as amended by the laws of 11 January 1991 and 12 December 1997), establishing the “National Agency for Radioactive Waste and Fissile Materials” (ONDRAF/NIRAS) and entrusting ONDRAF/NIRAS with the safe transportation, treatment, conditioning, storage and disposal of all radioactive waste produced in the country. This law was modified by the law of 11 January 1991, which also slightly changed the name of the agency towards ‘Belgian National Agency for Radioactive Waste and Enriched Fissile Materials’

• Royal Decree of 30 March 1981 defining the missions and duties of ONDRAF/NIRAS, as amended by the Royal Decrees of 16 October 1991, 4 April 2003, 1 May 2006, 18 May 2006, 2 June 2006, 13 June 2007, 3 July 2012, 25 April 2014

• Law of 22 July 1985, as modified by the Law of 11 July 2000, on nuclear liability, which integrates the Paris Convention and the follow-up Convention of Brussels and their additional protocols.

• Law of 29 April 1999 on the organization of the electricity market (amended by the law of 8 January 2012)

• Programme Law of 30 December 2001, modifying art. 179 §2, on the National Agency for Radioactive Wastes and Fissile Materials Management in the law of 8 August 1980.

• Law of 1 June 2005 fully implementing EU Directive 2003/54/EC on the common rules for the internal electricity market

• Law of 8 January 2012 amending the law of 29 April 1999 on the organization of the electricity market (and the law of 12 April 1965 on the transport of gaseous and other products by pipeline)

Provisions for authorization system, responsibilities of the operator, inspection and enforcement, radiation protection of workers, public and environment

• Law of 15 April 1994 on the protection of the public and the environment against the dangers of ionising radiation and on the Belgian Federal Agency for Nuclear Control [It constitutes the legal basis for the FANC/AFCN as regulatory body and sets out the basic elements for protecting the workers, the public and the environment against the adverse effects of ionising radiation, repealing and replacing the Law of 29 March 1958]

• Law of 4 August 1996 on the welfare of workers in the performance of their work

• Royal Decree of 20 July 2001 (amended) laying down the “General Regulations” regarding the protection of the public, the workers and the environment against the hazards of ionising radiation (GRR-2001, as amended) provides for the general principles set in the 1994 law, replacing the Royal Decree of 28 February 1963 (GRR-1963). The GRR-2001 scope is very wide and covers practically all human activities and situations which involve a risk due to the exposure to ionizing radiation.

  The GRR-2001 includes provisions for establishing an authorization system, responsibilities of the operator, inspection and enforcement and for site selection and approval within the licensing system.

• Law of 5 August 2006 on access to environmental information by the general public, which also applies to the nuclear sector

• Law of 15 May 2007 defining the notion of Civil Safety and describing the roles and missions of the different entities involved

Safety of nuclear installations

• Law of 15 May 2007 defining the notion of Civil Safety and describing the roles and missions of the different entities involved

• Royal decrees of 17 October 2011 on security, addressing categorization and protection of documents, physical protection of nuclear materials, nuclear installations and transport, categorization of nuclear materials and definition of security zones in nuclear installations and nuclear transport organizations, security clearances and certificates, and regulating access to security zones, nuclear material or documents in specific circumstances

• Royal decree of 30 November 2011 on the Safety Requirements for Nuclear Installations (SRNI-2011). This royal decree includes all reference levels developed by the Reactor Harmonization Group (RHWG) of the Western European Nuclear Regulators Association (WENRA). It also transposes the European Directive 2009/71/EURATOM in the Belgian regulations.

Radioactive waste and spent fuel management, including storage and disposal

• Law of 8 August 1980 on the budgetary proposals for 1979-1980, art. 179 §2 and §3 (as amended by the laws of 11 January 1991 and 12 December 1997), establishing the “National Organization for Radioactive Waste and Fissile Materials” (NIRAS) and entrusting NIRAS/ONDRAF with the safe transportation, treatment, conditioning, storage and disposal of all radioactive waste produced in the country.

• Royal Decree of 30 March 1981 defining the missions and duties of NIRAS, as amended by the Royal Decrees of 16 October 1991, 4 April 2003, 1 May 2006, 18 May 2006, 2 June 2006, 13 June 2007

• Law of 11 January 1991, modifying the law of 8 August 1980, to include certain aspects of the management of enriched fissile materials and the decommissioning of nuclear facilities other than nuclear power plants in the responsibilities of NIRAS, also slightly changing the name of the institution into “Belgian National Agency for Radioactive Waste and Enriched Fissile Materials”

• Royal Decree of 16 October 1991 defining the procedures for the Law of 11 January 1991 and the responsibilities of ONDRAF/NIRAS: the qualification of installations for treatment and conditioning of radioactive waste; the establishment of acceptance criteria for conditioned and unconditioned radioactive waste based on General Rules to be approved by the safety authority

• Law of 12 December 1997 extending the mission of ONDRAF/NIRAS to establish an inventory of all nuclear facilities and sites containing radioactive waste; and its financing

• Ministerial letter of 10 February 1999 concerning General Rules for the establishment of acceptance criteria by ONDRAF/NIRAS for conditioned and non-conditioned waste

• Programme Law of 30 December 2001, modifying art. 179 §2, on the National Agency for Radioactive Wastes and Fissile Materials Management in the law of 8 August 1980.

• Royal Decree of 18 November 2002 regarding the practical implementation of the qualification of installations for the storage, treatment and conditioning of radioactive waste and installations for the radiological characterisation of radioactive waste

• Law of 13 February 2006 transposing EC Directives 2001/42/EC and 2003/35/EC into Belgian legislation, requiring that the plans for the long-term management of the radioactive waste drawn up by ONDRAF/NIRAS must be accompanied by a strategic environmental assessment (SEA) and submitted for public consultation

• Royal Decree of 26 May 2006, transposing directive (2003/122/EURATOM) on the control of sealed radioactive sources and, in particular, of “orphan sources”, amending accordingly the GRR-2001

• Law of 29 December 2010, modifying a.o. the Law of 8 August 1980, giving NIRAS/ONDRAF additional legal tasks w.r.t. activities and measures in the domain of the societal support for the integration of a disposal facility at the local level. This law entitles NIRAS/ONDRAF to create a fund to cover all of the costs related to the societal conditions for the integration of a disposal facility at the local level. The supply to this fund is by the waste producers on the basis of the total amount of the fund for a specific disposal project, and on the basis of the waste volumes to be disposed of.

• Royal decree of 14 October 2011 on orphan sources

• Law of 3 June 2014, completely transposing EC Directive 2011/70/ EURATOM, the EU framework for the responsible and safe management of spent fuel and radwaste.

• Royal Decree of 25 April 2014, amending the Royal Decree of 30 March 1981 determining the tasks and functional modalities of the public body for the management of radioactive waste regarding the providing of resources for the medium and long term funds.

Decommissioning, including funding and institutional control

• Law of 8 August 1980 on the budgetary proposals for 1979-1980, art. 179 §2 and §3 (as amended by the laws of 11 January 1991 and 12 December 1997), establishing ONDRAF/NIRAS and entrusting ONDRAF/NIRAS with the safe transportation, treatment, conditioning, storage and disposal of all radioactive waste produced in the country.

• Law of 11 January 1991, modifying the law of 8 August 1980 which also slightly changed the name of ONDRAF/NIRAS towards ‘National Agency for Radioactive Waste and Enriched Fissile Materials’

• Law of 24 December 2002 providing for the levy of an excise tax, called federal dues, which is calculated on the basis of kWh consumed. These dues are paid to a fund earmarked to finance responsibilities resulting from the decommissioning of the sites of the former EUROCHEMIC plant (BP1) and the former Waste Department of SCK•CEN (BP2), as well as the treatment, processing, storage and evacuation of accumulated radioactive waste. The Commission for Electricity and Gas Regulation (CREG) collects the amount owed as dues and transfers it to ONDRAF/NIRAS, which is responsible for the management and clean-up.

• Law of 24 March 2003 creating the legal framework for a structural financing mechanism of the dismantling activities on the BP1 and BP2 sites until their completion by a levy on the transported kWh. For each period of five years, ONDRAF/NIRAS has to present a financing plan to its supervising minister.

• Royal Decree of 24 March 2003 laying down the detailed rules on the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the electricity market

• Royal Decree of 4 April 2003 determining that ONDRAF/NIRAS’ funds available in the medium and the long term must be invested in financial instruments issued by the Federal State. As a result, the board of ONDRAF/NIRAS has decided to invest the assets of the "Long-term fund" into Belgian governmental bonds which will be passively managed.

• Law of 11 April 2003 regarding liabilities and provisions for the decommissioning and dismantling of nuclear power plants and the management of the spent fuel from these nuclear power plants, amended by the law of 25 April 2007. This law also determines the management of funds built up by SYNATOM for the decommissioning of the nuclear power plants.

• Royal Decree of 19 December 2003 to determine the amounts allocated to the financing of the nuclear liabilities BP1 and BP2 for the period 2004 to 2008, in implementation of Article 4, § 2 of the Royal Decree of 24 March 2003 laying down the detailed rules on the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the electricity market

• Law of 29 December 2010, modifying a.o. the law of 8 August 1980, giving ONDRAF/NIRAS additional legal tasks w.r.t. activities and measures in the domain of the societal support for the integration of a disposal facility at the local level. This law entitles ONDRAF//NIRAS to create a fund to cover all of the costs related to the societal conditions for the integration of a disposal facility at the local level. The supply to this fund is by the waste producers on the basis of the total amount of the fund for a specific disposal project, and on the basis of the waste volumes to be disposed of.

Emergency preparedness

• Royal Decree of 17 October 2003, defining a nuclear and radiological emergency plan for the Belgian territory as well as notification criteria from the operators to the Government. Emergency planning is a competence belonging to the Federal Minister of Home Affairs and his administrative services

• Royal Decree of 24 November 2003 setting the emergency planning zones relative to the direct actions to protect the population (evacuation, sheltering, and iodine prophylaxis). These evacuation and sheltering zones vary from 0 to 10 km radius depending on the nuclear plant concerned; the stable iodine tablets pre-distribution zones extend from 10 up to 20 km around the nuclear plants.

• Royal Decree of 16 February 2006 organising the planning and interventions during emergency situations

• Law of 15 May 2007 defining the notion of Civil Safety and describing the roles and missions of the different entities involved

Transport of radioactive material

• Law of 8 August 1980 on the budgetary proposals for 1979-1980, art. 179 §2 and §3 (as amended by the laws of 11 January 1991 and 12 December 1997), establishing ONDRAF/NIRAS and entrusting ONDRAF/NIRAS with the safe transportation, treatment, conditioning, storage and disposal of all radioactive waste produced in the country. This law was modified by the law of 11 January 1991, which also slightly changed the name of the institution towards ‘National Agency for Radioactive Waste and Enriched Fissile Materials’

• Royal decrees of 17 October 2011 on security, addressing categorization and protection of documents, physical protection of nuclear materials, nuclear installations and transport, categorization of nuclear materials and definition of security zones in nuclear installations and nuclear transport organizations, security clearances and certificates, and regulating access to security zones, nuclear material or documents in specific circumstances

• Royal Decree of 28 December 2011 laying down the maximum amount of the damage for which the operator or carrier may be held responsible in the case of transport within the meaning of Article 14 of the Law of 22 July 1985 on third party liability in the field of nuclear energy