Yes, Belgium has ratified the Paris Agreement on 6 April 2017. As an EU Member State, Belgium has committed, acting jointly with the EU and the other Member States, to a binding target of a net domestic reduction of at least 55% in greenhouse gas ("GHG") emissions by 2030 compared to 1990.

In order to achieve these objectives, the burden will be shared between the EU institutions and the EU Member States. Within Belgium, achieving these objectives is the responsibility of the three Regional authorities and the Federal State, each for its respective areas of competence.

At the Federal level, the main national policy instruments regarding climate change are the National Energy and Climate Plan for 2021-2030 and the Governmental Declaration of Intent dated 30 September 2020.

In addition to this, each Region has also adopted its own climate and energy plan:

• the Flemish Region adopted the Flemish Energy and Climate Plan for 2021-2030 on 8 December 2019;
• the Walloon Region adopted the Air-Climate-Energy Plan for 2021-2030 on 4 April 2019; and
• the Brussels-Capital Region adopted the Energy-Climate Plan for 2030 on 24 October 2019.

Other than that, there are key regulations for the reduction of GHG emissions at the Regional level, e.g. with regards to the emission trading system and the energy performance of buildings (see below).

As mentioned before, Belgium’s long-term reduction of GHG emissions target is 55% by the year 2030 (in comparison with the GHG emissions of 1990), and carbon neutrality by 2050.

Yes. Belgium is already coal-free, as a consequence of case-by-case decisions. Regarding nuclear energy, an Act of 31 January 2003 (as subsequently amended) implies that the existing nuclear plants will be totally phased out by 2025.

Fossil fuels for residential heating or transport are being gradually phased out by way of discouraging measures (i.a. tax instruments based on the “polluter-pays” principle), but are not prohibited.

Belgian Regions have adopted key legislations with regard to climate change. The Walloon Region adopted on 20 February 2014 a Climate Act, which explicitly mentions the Region’s targets for the reduction of GHG emissions and other measures in that regard.

The Brussels-Capital Region also adopted specific provisions with regard to climate change in its Ordinance of 2 May 2013 (i.e. the Brussels code on air, climate and energy management).

The Flemish Region has no legislation specific to climate change; rather, climate change policy is integrated into different topical environmental legislation.

Other than that, key legislations with regards to the reduction of GHG emissions are mainly related to the emission trading system and the energy performance of buildings (at the Regional level).

The provisions related to the emission trading system can be found in the Flemish Act of 5 April 1995 on environmental policy, in the Walloon Act of 10 November 2004 establishing a GHG emission trading system, and the Brussels-Capital Ordinance of 2 May 2013 (i.e. Brussels code on air, climate and energy management).

The provisions related to the energy performance of buildings can be found in the Flemish Act of 8 May 2009 on the energy policy, in the Walloon Act of 28 November 2013 on the energy performance of buildings, and in the Brussels-Capital Ordinance of 2 May 2013 (i.e. Brussels code on air, climate and energy management).

Yes, Belgium is part of the European Union’s emission trading system and has implemented the Directive 2003/87/CE on the Emission Trading System. See above for the applicable legislation.

No. A “Carbon Pricing” scheme is currently being contemplated at the Federal level. In addition, the National Energy and Climate Plan for 2021-2030 mentions that Belgium will plead VAT modification measures for climate-friendly investments towards the European Commission.

In its federal Governmental Declaration of Intent dated 30 September 2020, Belgium also declared its commitment to adopt a more “climate and environment-friendly” taxation regime. In particular, the federal government will discourage the use of fossil fuels (as much as possible) by adopting tax instruments based on the “polluter-pays” principle.

The 3 Belgian Regions adopted (rather limited) CCS regulation, in the implementation of EU provisions.

In the Brussels-Capital Region, CCS is regulated by the Brussels-Capital Governmental Decree dated 2 February 2012 on the capture and transport of carbon dioxide for geological storage.

In the Walloon Region, CCS is regulated by the Walloon Act of 10 July 2013 on the geological storage of carbon dioxide.

In the Flemish Region, CCS is regulated by the Flemish Act of 8 Mai 2009 on deep underground.

Yes, the production of energy from renewable energy sources is subject to different support schemes. The main ones are three different regional regimes of green certificates  (for onshore production) and, at the federal level a “feed-in tariff”/price premium for offshore wind power.

In its Declaration of Intent dated 30 September 2020, the Federal Government declared it will analyze how Belgium can achieve climate neutrality in the real estate sector. An investment plan will be drawn up as a matter of priority to make Federal Government’s buildings (energy) efficient.

The National Energy and Climate Plan for 2021-2030 also mentions the following measures: drastically increase the rate of energy renovation of real estate parcs, work towards a concrete average performance level of the buildings by 2050, focus on the decarbonization of the heat supply, and involve “civil society” and stakeholders in the development of these policies. In particular, carbon neutrality is targeted for public real estate assets, and lots of measures are being taken, for instance, regarding the energy performance of buildings (i.e. residential and non-residential), tax advantages for renovation works, etc.

The main measures are still to be taken. Pursuant to the federal Governmental Declaration of Intent dated 30 September 2020, Belgium has declared the following measures in the transport sector:

• working with the Regional authorities on phasing out the sale of vehicles that do not meet the “zero-emission” standard;
• all new company vehicles will have to be carbon neutral by 2026. The same will be examined for public transport buses, taxis and shared mobility;
• stimulating sustainable mobility alternatives (e.g. public transports, bicycles, carbon-neutral cars, etc.). A framework will be established to allow employees who do not have a company car to receive a mobility budget from their employer;
• the Government will focus on soft, collective and multimodal mobility;
• there will also be new funding so that the SNCB and Infrabel (rail transport bodies) can make the necessary investments for a sustainable modal shift.

In addition to this, the National Energy and Climate Plan for 2021-2030 establishes three key categories of measures for reducing GHG emissions in the transport sector: (i) reducing the demand for mobility, mainly through spatial planning and changes in cultural habits, (ii) making investments in a multimodal mobility system by improving the public transport offer and encouraging the use of soft mobility (walking, cycling...), and (ii) for the remaining “road” transports, authorities will aim for the gradual decarbonization of automobiles via carbon-neutral technologies.

The National Energy and Climate Plan for 2021-2030 mentions that the following measures are planned at the Federal level: continuation and refinement of federal support to companies in the framework of energy contracts or “branch agreements” (i.e. to encourage industry to make additional efforts). In addition to this, sufficient reporting will be pursued, as well as the avoidance of “lock-in” situations and the accelerated abolition of subsidies for fossil fuels.

At the Regional level, the following measures are namely mentioned: “greening” of energy vectors in the non-ETS industries (sustainable and direct heat production, natural gas and electricity), optimization of economical support, cooperation between undertakings.

The National Energy and Climate Plan for 2021-2030 mentions several measures to reduce GHG emissions and improve energy efficiency in agriculture and land use (in particular, in the Flemish and Walloon Regions).

The Flemish Region will make up guidelines for non-energetic emissions, related to (i) livestock production, by reducing enteric emissions (methane) and emissions during manure storage and management, (ii) crop production, by reducing soil emissions through increased nitrogen efficiency, and (iii) other horizontal measures (e.g. cooperation between agri-food chain actors, and an integrated approach in research, innovation and knowledge sharing).

The Walloon Region will, namely, (i) develop new technologies to optimize the use of energy and other inputs, allowing to limit losses and reduce the environmental impact of farm activities, (ii) take actions towards reforestation and planting, which could be used for biomass production, and (iii) develop a “green” agricultural model.

In its Declaration of Intent dated 30 September 2020, the Belgian Federal Government declared it will take the following measures to improve energy efficiency in the electricity production sector:

• double the offshore wind capacity to 4GW by 2030;
• study the possibility to realize additional capacity from offshore wind turbines in the North Sea (as well as outside territorial waters);
• the establishment of a flexible and decentralized energy system, where renewable energy and energy efficiency will be central;
• the Energy Transition Fund (Fonds de transition énergétique) will be used in priority for innovative projects (i.e. sustainable projects that will make a real contribution to reducing GHG emissions and will allow the transition to renewable energies); and
• the Federal Government will promote innovative and renewable energy pilot projects and develop a regulatory framework to accelerate them.

More recently, a letter of intention has been signed to examine the possibility of importing offshore wind power from Denmark through an undersea cable.

Pursuant to the federal Governmental Declaration of Intent dated 30 September 2020, the Federal Holding and Investment Company will develop a sustainable and ambitious coordinated investment strategy. One of the objectives of this strategy will be the gradual reduction of investments in fossil fuels and energy. By 2030, the Federal State and the institutions under its supervision should have completely withdrawn from companies with high GHG emissions that have not committed to the energy transition.

Yes. This landmark case is known as the Klimaatzaak (i.e. Climate Case) and was introduced by the nonprofit association Klimaatzaak in 2015 before the Tribunal of First Instance of Brussels. This case was filed against the Federal Government and the Government of the Flemish, Walloon and Brussels-Capital Regions.

The association requested from the authorities to respect their climate objectives set out for the year 2020 (i.e. reduction of GHS emission by 40%).  The case is pending but should lead to a decision in July 2021 (pleadings were held in March 2021).

See the Belgian Energy and Climate Plan at:

• https://www.nationalenergyclimateplan.be/en (summary in English)
• https://www.nationaalenergieklimaatplan.be/nl 
• https://www.plannationalenergieclimat.be/fr  (full text in Dutch and French).