Insights Blog

The Alternative Fuels Infrastructure Regulation (EU) 2023/1804 applies from 13 April 2024. It imposes obligations on operators, owners, mobility service providers, and Member States.  It builds significantly on Directive 2014/94/EU, repealed from 13 April 2024.

What’s new around ad hoc charging?

The 2014 Directive required all recharging points accessible to the public to provide for the possibility for EV users to recharge on an ad hoc basis without entering into a contract with the electricity supplier or operator. Member States were required to bring into force laws necessary to comply with this in 2016.

The Regulation now places this obligation directly on operators of recharging points. Operators shall, at the publicly accessible recharging points operated by them, provide end users with the possibility to recharge their electric vehicle on an ad hoc basis.

The Regulation also provides a definition for ‘recharge on an ad hoc basis’. It means a recharging service purchased by an end user without the need for that end user to register, conclude a written agreement or enter into a commercial relationship with the operator of that recharging point that goes beyond the mere purchase of the recharging service.

What’s new around payment?

Recharging on an ad hoc basis must be possible using a payment instrument that is widely used in the EU. Operators must accept electronic payments at charging points through terminals and devices used for payment services, including at least one of the following: (a) payment card readers; (b) devices with a contactless functionality that is at least able to read payment cards; (c) for publicly accessible recharging points with a power output below 50 kW, devices using an internet connection and allowing for secure payment transactions such as those generating a specific Quick Response code. A single payment terminal or device can serve a number of publicly accessible recharging points within a recharging pool.

This obligation applies to publicly accessible recharging points deployed from 13 April 2024.

Then, from 1 January 2027, operators will be required to ensure that the following complies with points (a) or (b), mentioned above: all publicly accessible recharging points with a power output equal to or more than 50 kW deployed along the TEN-T road network or deployed on a safe and secure parking area.

‘Along the TEN-T road network’ includes recharging stations on the TEN-T road network or within 3km driving distance from the nearest exit of a TEN-T road.

What other aspects of publicly accessible recharging are regulated?

There are new requirements for operators and mobility service providers around pricing and pricing information.

There are conditions when operators offer automatic authentication of vehicles.

Operators are also obliged:

  • by 14 October 2024 to ensure that all publicly accessible recharging points are digitally-connected,
  • to ensure that all publicly accessible recharging points built after 13 April 2024 or renovated after 14 October 2024 are capable of smart recharging, and
  • by 14 April 2025 to ensure that all direct current publicly accessible recharging points have a fixed recharging cable installed.

Operators have obligations around the information to be made available on motor vehicles capable of being regularly recharged.

Operators will be required to ensure the availability of certain data for an Identification Registration Organisation that is to be set up.

What else does the Regulation do?

It regulates refuelling infrastructure.

It obliges Member State to deploy more recharging / refuelling infrastructure by dates throughout this decade.

Next Steps

The Regulation is directly applicable in Ireland. It requires careful consideration by any entity active in this sector.