Reversal of nuclear phaseout is legally possible, Council of State says

Reversal of nuclear phaseout is legally possible, Council of State says
Credit: Belga / Dirk Waem

There are no major obstacles to reversing the nuclear phaseout but Engie and Luminus might seek compensation, according to a Council of State opinion published on Monday.

Three parties in the prospective 'Arizona' coalition are in favour of moderating legislation on Belgium's nuclear reactors which are currently supposed to close by 2035.

Within the Arizona coalition, Open VLD wants to authorise the construction of new nuclear plants, CD&V wants to extend nuclear reactors Doel 4 and Tihange 3 by ten years and Mouvement Réformateur (MR) wants to allow the construction of new plants and prolong the lifespan of pre-existing ones.

In an opinion dating from 9 December and seen by L'Echo, the Council of State found no significant legal barriers to adopting these proposals.

Warning issued

However, the Council warned that the change may incur losses for oil giants Engie Electrabel and Luminus, which may lead them to seek compensation.

This is possible under the 'Phoenix Law' which includes an agreement between the Belgian State and Engie about extending Doel 4 and Tihange 3. The company is entitled to compensation if legislative changes or public decisions alter the timeline of the eventual phaseout.

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