New EU Alternative Fuels Infrastructure Rules

The EU’s new Regulation on alternative fuels infrastructure recently took effect. The Regulation aims to support the transition to more sustainable modes of transport. It intends to achieve the complete decarbonisation of the EU transport sector by 2050. Our Planning & Environment team reviews some of the headline measures.

The EU is aiming to fully decarbonise the transport sector by 2050. This ambitious target has required legislative change at EU level. The EU enacted Regulation 2023/1804 on the deployment of alternative fuels infrastructure in September 2023. This new Regulation took effect in April 2024. It repeals Directive 2014/94/EU on the deployment of alternative fuels infrastructure. The Regulation sets binding national targets for the development of adequate alternative fuel infrastructure. For example, it requires Member States to ensure that, at the end of each year starting from 2024, specific power output targets are provided through publicly accessible recharging stations for electric vehicles.

Directive 2014/94/EU laid down a framework for the deployment of alternative fuels infrastructure (AFI). However, it is considered that the Directive has failed to achieve even development of recharging and refuelling infrastructure across the EU. Through the enactment of Regulation 2023/1804 (the AFI Regulation), the EU has set targets that must be achieved by all Member States. The purpose of these targets is to establish a comprehensive and complete network of AFI across the EU. It is hoped this will boost the production and uptake of sustainable alternative fuels in domestic, road, rail, aviation and maritime transport.

Light duty electric vehicles

The AFI Regulation requires Member States to ensure the deployment of publicly accessible recharging stations (PARS) dedicated to light duty electric vehicles (LDEVs). This deployment must be in proportion to the increase in the use of LDEVs. They must also provide sufficient power output for LDEVs. The following minimum output targets must be achieved by Member States from 2024 onwards:

• For each LDEV registered, a total power output of at least 1.3kW must be provided through PARS, and
• For each light duty plug-in hybrid vehicle that is registered, a total power output of at least 0.80kW must be provided through PARS.

Regarding the national coverage of PARS, some of the early targets for Member States are to ensure that:

• Along the core road network, PARS are located within a maximum distance of 60km in each direction of travel along the core road network
• Each recharging pool, that is one or more recharging stations at a specific location, must provide a power output of at least 400kW and include at least one recharging point with an individual power output of at least 150kW, by 31 December 2025, and
• Each recharging pool must offer a power output of at least 600kW and include at least two recharging points with an individual power output of at least 150kW, by 31 December 2027.

There is scope, however, for Member States not to achieve these targets in areas where a socio-economic cost-benefit analysis justifies the installation of lower capacity infrastructure. This can only be applied to areas of the core traffic network that has fewer than 8,500 light duty vehicle trips per day. In other areas where there are fewer than 3,000 such daily trips, the distance between recharging stations may be increased to 100km.

Heavy duty electric vehicles

Member States must also ensure a minimum coverage of publicly accessible recharging points dedicated to heavy duty electric vehicles (HDEVs). To this end, some of the early targets include that Member States must:

• Ensure that publicly accessible recharging pools dedicated to HDEV are available along at least 15% of the core network by 31 December 2025. These pools must have a power output of at least 1,400kW and include at least one recharging point with an individual power output of at least 350kW.
• These recharging pools must be available along at least 50% of the core road network by 31 December 2027. Their minimum output must be 2,800kW and include at least two recharging points with an individual power output of at least 350kW, and
• Recharging pools dedicated to HDEV must be located within a maximum of 60km in each direction of travel along the core road network by 31 December 2030. Their power output will have to be at least 3,600 kW.

Similarly to LDEVs, there is scope, for Member States not to achieve these targets in areas where a socio-economic cost-benefit analysis justifies the installation of lower capacity infrastructure. This can only be applied to areas of the core traffic network that has fewer than 2,000 heavy duty vehicle trips per day. In other areas where there are fewer than 800 such daily trips, the distance between recharging stations may be increased to 100km.

Operator’s obligations and pricing

Operators of publicly accessible recharging points must provide end users with the possibility to recharge their electric vehicles on an ad hoc basis. They must also be equipped to receive payment via a variety of means, including:

• Payment card reader
• Contactless devices, and
• For recharging points with a power output below 50kW, devices using internet connection and allowing for secure payment transactions.

Prices charged by operators must be:

• Reasonable, they should not exceed the costs incurred plus a reasonable profit margin)
• Easily and clearly comparable,
• Transparent, and
• Non-discriminatory

For example, operators are prohibited from discriminating between end users and mobility service providers or between different mobility service providers. Any differentiation in the level of prices must be proportionate and objectively justified.

At PARS with power output greater, the price charged by operators shall be based on the price per kWh for the electricity delivered. In addition, operators may charge an occupancy fee as a price per minute to discourage long occupancy of the recharging point. Specific pricing information must be displayed by all operators of PARS. This includes the price per kWh and price per minute and may also include price per session and any other price component that applies.

Further obligations on operators of PARS include:

• That Operators must ensure that all such recharging points are ‘digitally connected’ by 14 October 2024. This means the recharging point can send and receive information in real time, communicate bi-directionally with the electricity grid and the electric vehicle, and can be remotely monitored and controlled, including in order to start and stop the recharging session and to measure electricity flows.
• All recharging points constructed after 13 April 2024 or renovated after 14 October 2024 must be capable of ‘smart recharging’. This means that the intensity of electricity delivered to the battery be adjusted in real-time, based on information received through electronic communication, and
• Operators must ensure that all direct current (DC) recharging points have a fixed recharging cable installed by 14 April 2025..

Hydrogen refuelling infrastructure

Member States must ensure that they have a minimum number of publicly accessible hydrogen refuelling stations (HRS) by 31 December 2030. These minimum requirements are that there must be HRS within a maximum distance of 200km of one another on the core road network. These HRS must have the equivalent of a minimum cumulative capacity of 1 tonne per day. In addition, the HRS must be equipped with a 700 bar dispenser. Member States must also ensure that there is at least one publicly accessible HRS within each urban node. Similar exemptions available to HDREV apply to HRS for hydrogen powered heavy duty vehicles.

Operators of HRS must provide end users with the possibility to refuel on an ad hoc basis, and make the same payment options available as for PARS. Similar pricing obligations also apply to HRS as to PARS.

Maritime supply

Regarding core maritime ports, Member States are required to ensure that a minimum shore-side electricity supply is available for seagoing ships. Some of the earlier obligations will apply from 31 December 2029. These include a requirement on Member States to provide such electricity infrastructure that has the capacity to power 90% of the ships at ports that:

• Have an annual average of 100 port calls by seagoing container ships with a gross weight above 5,000 tonnes
• Have an annual average of 40 port calls by seagoing ro-ro passenger ships with a gross weight above 5,000 tonnes, or
• Have an annual average of 25 port calls by seagoing passenger ships with a gross weight above 5,000 tonnes other than ro-ro passenger ships.

Member States must ensure that an appropriate number of refuelling points for liquefied methane are deployed at core maritime ports by 31 December 2024 This is to enable seagoing ships to circulate throughout the core port network. This will require cooperation between Member States to ensure the target is achieved.

Aviation supply

Regarding core airports, Member States must ensure that by 31 December 2024 there is electricity supply for all aircraft ‘contact stands’ used for commercial air transport to transfer passengers or goods. This will be extended to all aircraft ‘remote stands’ used for the same purposes from 31 December 2029. However, airports with fewer than 10,000 commercial flight movement per year, averaged over a three year period, may be excluded from the obligation to provide electricity to stationary aircraft at all remote aircraft stands.

The electricity supplied to airports must come from either the national grid or be generated on site without using fossil fuels from 1 January 2030.

Next steps

There are likely to be many effects resulting from the mandatory obligations on Member States to ensure a minimum availability of AFI for the various transport modes noted above. These effects will include easing the burden on owners of electrical and alternative fuel vehicles in sourcing electricity and alternative fuel to power their vehicles, vessels, and aircraft. It is hoped that this will lead to an increased uptake of these AF vehicles, etc. Once operational, however, the electricity infrastructure will lead to further demands on the national grid. Whilst the Regulation is aimed at decarbonising the transport sector, it will be important that renewable energy targets are met in parallel so that there is not increased use of fossil fuels in the energy industry to power AFI.

For more information contact a member of our Planning and Environment Team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.