PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE REGULATIONS

CHARGING INFRASTRUCTURE

SUBSIDIARY LEGISLATION 545.38

PUBLICLY ACCESSIBLE ELECTRIC VEHICLE

CHARGING INFRASTRUCTURE REGULATIONS

13th November, 2022

LEGAL NOTICE 226 of 2022.

(1)

The title of these regulations is the Publicly

Accessible Electric Vehicle Charging Infrastructure Regulations.

(2)

These regulations shall apply to publicly accessible

electric vehicle charging infrastructure, excluding

(a)

wireless or induction charging devices;

(b)

battery exchange devices;

(c)

charging infrastructures devoted exclusively to

the recharging of buses and coaches; and

(d) charging points whose maximum charging power

does not exceed 3.7 kW.

(1)

Unless otherwise stated in these regulations, the

definitions in the Regulator for Energy and Water Services Act shall

apply.

(2)

In these regulations, unless the context otherwise

requires

"access to charging" means the procedure which allows a

vehicle to be connected to charging infrastructure and the transfer of

the energy required for charging;

"Act" means the Regulator for Energy and Water Services Act;

"authorised provider" means the holder of an authorisation

issued by the Regulator under these regulations permitting such person

to act as an operator of publicly accessible charging infrastructure;

"charging point" means an interface associated with a parking

space which makes it possible to recharge a single electric vehicle at a

time;

"Charging Point Management System" or "CPMS" means the

management system operated by the charging point operator to

manage and maintain the charging points and back-end and, or

network management system;

"commissioning" means the first time a publicly accessible

CHARGING INFRASTRUCTURE

charging point is put into operation, following the establishment of

operational readiness;

"decommissioning" means

the

permanent

removal

from

operation of a charging point;

"electric vehicle" or ‘EV’ means a motor vehicle equipped with a

powertrain containing at least one non-peripheral electric machine as

energy converter with an electric rechargeable energy storage system

and which can be recharged externally;

In particular, electric vehicles includes cars, as well as

motorcycles, mopeds and electric bicycles of the following categories

(a)

purely electric vehicle" means a vehicle equipped

with a drive system, which includes exclusively electric motors

as energy converters and exclusively electric rechargeable

systems as energy storage systems;

(b)

"hybrid electric vehicle for external charging"

means a category of hybrid electric vehicle that can be charged

from an external source;

(c)

"hybrid fuel cell vehicle" means a fuel cell vehicle

equipped with a power transmission system comprising at least

one fuel storage system and at least one rechargeable electrical

storage system as an electrical storage system;

(d)

"assisted cycling (electric bicycle)" means a

bicycle fitted with an auxiliary electric motor of a maximum

rated power of less than or equal to 250W and whose engine

power stops when the bicycle reaches 25 kilometres per hour;

"electromobility service provider" or "eMSP" or "e-Mobility

Service Provider" means an entity providing access for EV drivers to

the charging services;

"environment" shall have the same meaning as assigned to it in

the Environment Protection Act;

"high-power recharging point" means a recharging point that

allows for a transfer of electricity to an electric vehicle with a power of

more than 22kW;

"interoperability platform" means a software platform by means

of which two or more publicly accessible charging infrastructure

operators contribute to the deployment of roaming charging by

facilitating, securing and optimising data exchanges and payment

services between publicly accessible charging infrastructure operators;

"normal power recharging point’ means a recharging point that

CHARGING INFRASTRUCTURE

allows for a transfer of electricity to an electric vehicle with a power

less than or equal to 22 kW, excluding devices with a power less than

or equal to 3.7 kW, which are installed in private households or the

primary purpose of which is not recharging electric vehicles, and

which are not accessible to the public;

"Open Charge Point Interface" or "OCPI" means an open

protocol used for connections between charging station operators and

service providers and which facilitates automated roaming for EV

drivers across several EV charging networks;

"Open Charge Point Protocol" or "OCPP" means an application

protocol for communication between electric vehicle (EV) charging

stations and a central management system, also known as a charging

station network;

"operational readiness" means the capability to function in

accordance with design and specifications;

"publicly accessible charging infrastructure" means all

equipment, such as electrical supply circuits, charging stations or

charging points, control and management equipment, and devices

allowing in particular the transmission of data, supervision, control

and payment, which are necessary for recharging;

"publicly accessible charging infrastructure operator" or

"operator" means a natural or legal person that provides electric

vehicle charging services to users and who is responsible for the

technical maintenance of the publicly accessible charging

infrastructure, of ensuring the availability and operation of the

recharging points managed by that person, supervising and controlling

it, as well as providing the necessary data to electronic platforms for

the monitoring and control of rechargeable infrastructures when

required to do so;

"publicly accessible charging point" means a charging point,

which provides Union-wide non-discriminatory access to users. Non-

discriminatory access may include different terms of authentication,

use and payment. In particular, the following shall be deemed to be

publicly accessible charging points

(a)

a charging point whose parking space is

physically accessible to the public, including where access to

the parking space is subject to an authorization and, or the

payment of an access fee;

(b)

a charging point attached to a shared car system

and accessible to third parties, including on payment of the

charging service;

The following shall not be considered to be publicly accessible

CHARGING INFRASTRUCTURE

charging points

(a)

a charging point installed in a private residential

building or in an outbuilding of a private residential building

and exclusively reserved for residents;

(b)

a charging point assigned exclusively to charging

vehicles in service within the same entity and installed in an

enclosure dependent on this entity;

(c)

a charging point installed in a maintenance or

repair workshop not accessible to the public;

"roaming charging" means the user’s option when having a

contract with a particular publicly accessible charging infrastructure

operator to use the publicly accessible charging infrastructure of a

different operator without having a contract with that operator and by

having access to charging and payment services through an

interoperability platform;

"user" means the end-user requiring to charge an electric vehicle

through a publicly accessible charging point.

(1)

An authorisation shall be required for a person to

act as an operator of publicly accessible charging infrastructure.

(2)

Authorisations shall be issued by the Regulator in respect

of the execution of the operations, activities and practices referred to in

these regulations and shall include the terms and conditions for the

execution of such operations, activities and practices.

(3)

An authorisation issued by the Regulator shall be in

writing and, unless cancelled, suspended or revoked in accordance with

any condition contained in it or in accordance with these regulations or

with any other law, shall continue to remain in force for such period of

time as may be specified in the authorisation.

(4)

Authorisations unless revoked shall be valid for a period

of twelve (12) years.

(5)

An authorisation issued by the Regulator under these

regulations shall not exempt the authorised provider from the

requirement of obtaining any other authorisation or permit as may be

required under any other law.

(6)

Any person who wishes to act as an operator of publicly

accessible charging infrastructure shall submit an application in writing

to the Regulator in such form and manner as the Regulator may

prescribe. A non-refundable application fee of five hundred (€500)

euro shall be paid to the Regulator with the application for an

authorisation.

CHARGING INFRASTRUCTURE

(7)

The Regulator shall establish its procedure for the

purposes of determining an application for the issue of an

authorisation for a person to act as an operator of publicly accessible

charging infrastructure.

(8)

The Regulator shall communicate to the applicant in

writing within a reasonable time, which shall not be of more than six

(6) months from the date of receipt of a valid application, any decision

taken concerning an application for an authorisation or an application

for the renewal of an authorisation or any valid reason impeding the

Regulator to reach such a decision.

(9)

Upon expiry, an authorisation may be renewed, and an

application for the renewal of an authorisation shall have to be

submitted in writing to the Regulator in such form and manner as the

Regulator may require, six (6) months prior to the date on which the

authorisation expires. A non-refundable renewal application fee of five

hundred euro (€500) shall apply.

(10) The Regulator may modify, amend, replace, add or delete

any authorisation condition in the renewed authorisation and add

specific conditions relevant to each individual authorisation as the

Regulator considers to be reasonably justified in the circumstances.

(11) The first authorisation fee payable under sub-regulation

(12) shall be paid by the authorised provider within thirty (30) days

from the granting of an authorisation and thereafter every three years

on the anniversary of the grant of such authorisation or any other date

as the Regulator may reasonably establish.

(12) The amount of the authorisation fee per charging point

shall be of seventy-five (€75) euro and shall be paid to the Regulator

every three (3) years

Provided that the amount of the authorisation fee per

charging point registered after the date of the granting of the

authorisation shall be calculated pro rata temporis.

(13) If any authorisation fee payable under sub-regulation

(12) is not paid within thirty (30) days as from the date from which the

payment of the authorisation fee is due, the Regulator shall after the

lapse of such time communicate to the authorised provider, whose

authorisation fee has not been so paid informing him about his failure

to pay such fee.

(14) The Regulator shall be deemed to have complied with

sub-regulation (13) if such communication is sent by registered post,

to the usual or last known address of the authorised provider whose

authorisation fee has not been so paid.

(15)

If any authorisation fee mentioned in sub-regulation (14)

CHARGING INFRASTRUCTURE

is not paid within thirty (30) days after the date on which the

communication therein mentioned has been sent by registered post, the

authorisation to which it refers shall cease to be in force, and if the

person to whom it was granted wishes again to act as an operator of

publicly accessible charging infrastructure he shall then be required to

apply for a new authorisation.

(16) In considering any such application, the Regulator may

take into consideration the previous failure of the applicant to pay the

authorisation fee payable under sub-regulation (12) and of any

explanation regarding that failure which the applicant may submit to

the Regulator.

(17) The Regulator shall have the power to include in an

authorisation issued under these regulations any such conditions as the

Regulator considers a requisite or suitable.

(18) The authorisation shall have a minimum set of general

conditions

Provided that special conditions may be attached to any

authorisation issued under these regulations.

(19) The authorised provider shall at all times comply with

these regulations and with the conditions of an authorisation.

(20) The conditions included in an authorisation may contain,

but not necessarily be limited to, provisions regarding

(a)

the grant and term of the authorisation;

(b)

suspension, variation and transfer conditions of the

authorisation;

(c)

compliance requirements to conditions, directions,

management letters, standards, guidelines, codes of practice or

rules given by the Regulator or as may be established at law;

(d)

the obligations of the authorised provider

including but not limited to customer service obligations;

(e)

protection of consumers;

(f)

monitoring and recording of the authorised

operations;

(g)

reporting, auditing and submission of information

to the Regulator;

(h)

inspection, making copies and taking extracts from

books and records held by the authorised provider and the

CHARGING INFRASTRUCTURE

carrying out of measurements and tests in relation to any

authorised facility, assets or plant;

(i)

assessment and auditing of operations, activities

and practices and their compliance to authorisation conditions;

and

(j)

regulation of subsidiary companies and, or

companies executing part of the regulated operations, activities

and practices.

(21) Any person granted an authorisation under these

regulations shall

(a)

comply with any direction given by the Regulator

as to such matters as are specified in the authorisation or are of

a description so specified;

(b)

execute the regulated operations, activities and

practices in accordance with such authorisation conditions;

(c)

act in accordance with any requirements as are

specified in the authorisation or are of a description so

specified; and

(d)

comply with the decisions or directions issued by

the Regulator.

(22) The authorised provider shall inform the Regulator of

any changes relating to his activity which result in the conditions for

his authorisation no longer being met and the creation of subsidiaries

whose activities fall within the scope of the authorisation and, or the

authorisation scheme.

(23) The authorised provider shall register the publicly

accessible charging point with the Regulator within fifteen (15) days

as from the date of the commissioning of such charging point by

means of the procedure established by the Regulator for such

purposes. The authorised provider shall also notify the Regulator

within one (1) day as from the date of decommissioning of such

charging point by means of the procedure established by the Regulator

for such purposes.

(1)

The Regulator shall adopt fair, objective and

transparent conditions relating to the granting of an authorisation in

terms of the principles of natural justice.

(2)

In taking a decision in respect of the grant, issue,

amendment or renewal or any other matter pertaining to an

authorisation issued under these regulations, the Regulator may take

account of the following

CHARGING INFRASTRUCTURE

(a)

compliance by the applicant with all other relevant

permits and authorisations, however so described issued by any

other public regulator;

(b)

the capability of the applicant to ensure safety

conditions, in the context of the authorisation being applied for;

(c)

private and professional integrity of the applicant;

(d)

protection of the health and safety of employees;

(e)

protection of the environment;

(f)

record of compliance with these regulations and

any other relevant laws by the person with regard to whom the

decision shall be made;

(g)

suitability of the facility to be authorised or the

authorised facility as the case may be and, with regard to safety,

health, security, hazardous substances, environment, land use

and planning requirements;

(h)

the need for facilities and services to be provided

for customers at the facility concerned and the extent to which

the interests of customers shall be served;

(i)

the public interest in general.

The Regulator shall have the right to refuse a request for

the issue of an authorisation or, if an authorisation has been issued, a

request for the renewal of an authorisation, on the grounds that

(a)

the Regulator considers that the request does not

meet one or more of the criteria referred to in regulation 4(2); or

(b)

the application does not contain all such

information requested by the Regulator in the application form

or any other additional information that the Regulator may

request from the applicant for the purpose of determining an

application for the authorisation; or

(c)

the application is not accompanied by such

application fee as specified in accordance with these

regulations

Provided that any decision taken by the Regulator,

including refusal or withdrawal of an authorisation, shall be fully

reasoned and shall be open to challenge before the Administrative

Review Tribunal

Provided further that in case of failure by the Regulator to

CHARGING INFRASTRUCTURE

inform the applicant regarding any decision taken concerning access to

a service activity or the exercise thereof, including refusal or

withdrawal of an authorisation, shall not mean in any manner

whatsoever, that the Regulator has tacitly granted such authorisation

and that the applicant has automatically been granted access to a

service activity or the exercise thereof.

The Regulator may, at any time in the course of the

period for which an authorisation is valid, order its suspension,

revocation or cancellation where the Regulator is satisfied that

(a)

the holder of the authorisation has failed or is

failing to comply with any condition of the authorisation or

with these regulations;

(b)

the holder of the authorisation does not possess all

other relevant authorisations and permits however so described

that are required by any other public regulator or Government

department;

(c)

the holder of the authorisation is contravening any

requirement imposed by law;

(d)

the holder of the authorisation fails to comply

with any directive given by the Regulator;

(e)

any information submitted in the application for a

authorisation or the application for renewal of a authorisation

and for which the authorisation has been issued or renewed, as

the case may be, is determined to be false; or

(f)

if the holder of the authorisation does not meet

any criteria in respect of one or more of the criteria referred to

in regulation 4(2)

Provided that in exercising the powers for suspension,

revocation or cancellation of authorisations, the Regulator may take

into account the nature of the failure, or the fact that the holder of the

authorisation is taking the appropriate steps which the Regulator

considers to be necessary in order to comply with the conditions of the

authorisation, these regulations or any other requirement that the

Regulator may deem relevant.

(1)

When the holder of an authorisation issued under

these regulations, decides either to suspend or terminate his

authorisation, such holder shall promptly notify the Regulator in the

form prescribed by the Regulator, to notify such a termination or

suspension.

(2) Upon acknowledgment by the Regulator to the holder of

an authorisation of the notification mentioned in sub-regulation (1),

CHARGING INFRASTRUCTURE

the authorisation shall be considered to have ceased to be in force and

with immediate effect from the date of such acknowledgment such

holder shall be deemed to be unauthorised.

(3)

Notwithstanding any notice for the termination or

suspension of an authorisation, the holder of the authorisation shall

remain liable for the payment of any fee due to the Regulator.

(1) An authorisation issued by the Regulator under these

regulations shall not be validly transferred inter vivos to any other

person unless

(a)

the transferor informs in writing the Regulator in

such form and manner as the Regulator shall prescribe;

(b)

the Regulator is satisfied that at least the same

criteria as listed in regulation 4(2) are complied with;

(c)

the transfer is subject to the conditions prescribed

in the authorisation; and

(d)

the Regulator approves in writing the transfer of

the authorisation.

(2)

An authorisation issued by the Regulator under these

regulations shall not be validly transmitted causa mortis to any other

person unless

(a)

the transferor informs in writing the Regulator in

such form and manner as the Regulator shall prescribe;

(b)

the Regulator is satisfied that at least the same

criteria as listed in regulation 4(2) are complied with;

(c)

the transfer is subject to the conditions prescribed

in the authorisation; and

(d)

the Regulator approves in writing the transfer of

the authorisation

Provided that an authorisation issued in terms of these

regulations shall be an indivisible right

Provided further that in the event that the Regulator

approves the transfer of the authorisation as aforesaid, the transfer shall

have retrospective effect from the date of the death of the decujus.

(3)

Where the authorised provider is a body corporate or any

other body of persons, a change in the control of the ownership or

management of that body shall be deemed to be equivalent to the

transfer of the authorisation and shall be subject to the approval of the

CHARGING INFRASTRUCTURE

Regulator. For the purpose of this sub-regulation, a transfer in the

control of the ownership of a body corporate or other body of persons

shall be deemed to occur in any case where a transfer of the capital,

shares, stocks or other rights held in the body corporate or other body

of persons leads to a change in the person holding the controlling

interest therein.

(1)

An operator of publicly accessible charging

infrastructure shall apply for an electricity connection service as

established in the Electricity Supply Regulations and shall be subject

to the applicable charges and consumption tariffs established therein.

(2)

The electrical wiring installation used to supply

electricity to publicly accessible charging infrastructure shall comply

with the Electrical Installations Regulations and shall be carried out

and certified by an authorised provider holding the appropriate

authorisation in terms of the aforementioned regulations.

(1)

All publicly accessible charging infrastructure

shall have metering and control devices installed to control and

manage charging.

(2)

The metering equipment of the publicly accessible

charging infrastructure shall be compliant with the Measuring

Instruments Regulations.

(1)

Each publicly accessible charging point shall be

registered on a national register of publicly accessible charging

infrastructure for electric vehicles. The Regulator shall assign a unique

identifier to each charging point.

(2)

In addition to the charging point identifier, the

information necessary for access to charging and the operating

methods, as well as a telephone number or a connected call button or

any other equivalent means to reach the operator in cases of

malfunction shall be available in the immediate vicinity of the publicly

accessible charging point.

(3)

Data relating to the geographical location and technical

characteristics of publicly accessible charging points shall be

accessible on an open basis to all users in a non-discriminatory

manner. The operator shall take the appropriate measures to ensure

that this data is constantly updated, made public and shall allow the

free reuse of this data.

(4)

Publicly accessible charging infrastructure shall have a

supervision system that allows data exchange with each charging point

as well as real-time monitoring of the state of charging infrastructure,

and which records the essential parameters of the use of the service,

including those concerning the energy delivered.

CHARGING INFRASTRUCTURE

(5)

The Open Charge Point Protocol shall be used by

operators for communication between the charging points and the

charging point management system.

(6)

The Open Charge Point Interface protocol shall be used

for communication between electromobility service providers and

charging point operators and for communication between

electromobility service providers or charging point operators and

platforms that provide roaming charging services.

The operator shall take the appropriate measures to

guarantee, under non-discriminatory conditions, access to charging

and, where applicable, the related payment, to any user who requests it

without the obligation to enter into a contract with such operator

Provided that this obligation is presumed to be satisfied

by allowing ad hoc charging and related payment without the need for

the user’s registration or authentication in any way and by means of

(a)

a common card-based payment system including

contactless systems or cash payment method in the immediate

vicinity of the charging point; and, or

(b)

a common web-based payment system.

(1)

Without prejudice to regulation 12, an operator

may offer electric vehicle charging services to users on a contractual

basis, including in the name and on behalf of other operators. Operators

offering a charging service on a contractual basis on behalf of other

operators may provide this service through a digital connection of the

publicly accessible charging infrastructure to an interoperability

platform, whether managed by the same operator of publicly accessible

charging infrastructure or by third parties.

(2)

The interoperability platform shall offer a universal

intermediation service between the functions of an operator of publicly

accessible charging infrastructure, ensuring the data exchanges

required for roaming charging and associated services such as finding

and booking charging points, when they are offered by the operators

concerned.

(3)

The interoperability platform shall include the appropriate

measures to make its intermediation service accessible to other

operators of publicly accessible charging infrastructure whose activity

requires interaction with operators of publicly accessible charging

infrastructure or users.

(4)

An interoperability platform shall include the appropriate

measures to establish relationships with other interoperability

platforms in order to allow the subscriber of an operator of publicly

accessible charging infrastructure to be connected to one of these

CHARGING INFRASTRUCTURE

platforms, and to access the publicly accessible charging infrastructure

of operators connected to other platforms.

(5)

An interoperability platform shall not, because of its

organization or its activity, confer or contribute to confer an advantage

on a particular operator of publicly accessible charging infrastructure.

(1)

The price per kWh of electricity delivered from a

publicly accessible charging point shall be as established in the

Electricity Supply Regulations and the operator of publicly accessible

charging infrastructure shall make no profit on the resale of electricity.

(2)

The price to be charged to users of publicly accessible

charging infrastructure for the use of the recharging service (excluding

the electricity component) shall be determined by the operator. The

operator may add a premium per kWh for the charging service to the

regulated tariff as established in the Electricity Supply Regulations.

This premium shall be deemed to cover the cost of investment,

installation, operation, maintenance and management of the charging

point as well as any network management system, while including a

reasonable profit.

(3)

On each publicly accessible charging point, the technical

characteristics and a breakdown of the price components shall be

clearly indicated. The applicable price of electricity per kWh shall be

clearly distinguished and displayed separately from any other price

components.

(1)

A normal charging point which is also a publicly

accessible charging point shall be equipped with at least a Type 2

socket outlet or a type 2 connector, as described in standard EN 62196-

2. (2)

A direct current high-power charging point which is also

a publicly accessible charging point shall be equipped with at least one

Combo2 Type connector as described in standard EN 62196-3.

(3)

An alternating current high-power charging point which

is also a publicly accessible charging point shall be equipped with at

least one Type 2 connector as described in standard EN 62196-2.

(4)

A publicly accessible charging point reserved for L-

Category electric vehicles up to 3.7kVA shall be equipped with at least

one of the following

(a)

socket-outlets or vehicle connectors of Type 3a as

described in standard EN 62196-2 (for Mode 3 charging);

(b)

socket-outlets and connectors compliant with IEC

60884 (for Mode 1 or Mode 2 charging).

CHARGING INFRASTRUCTURE

(5)

Charging socket outlets shall have safety shutters.

The operator shall be responsible for maintaining the

publicly accessible charging infrastructure in a good and safe working

order, and for ensuring that regular maintenance is carried out.

(1)

The Regulator may impose an administrative fine

upon any person who infringes any provision of these regulations or of

an authorisation condition or approval issued thereunder or who fails to

comply with any directive or decision given by the Regulator in

ensuring compliance with these regulations.

(2)

An administrative fine imposed under sub-regulation (1)

shall not exceed one hundred thousand euro (€100,000).

The Administrative Review Tribunal established by

article 5 of the Administrative Justice Act shall be competent to hear

and determine appeals from decisions of the Regulator made under

these regulations. Unless otherwise provided by law, an appeal from a

decision of the Regulator made under these regulations shall lie to the

Administrative Review Tribunal in accordance with article 32 of the

Act.