Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023 on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU (Text with EEA relevance)

Article 1

Subject matter

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘accessibility of data’ means the possibility to request and obtain data at any time in a machine readable format;

(2) ‘ad hoc price’ means the price charged by the operator of a recharging or refuelling point to an end user for recharging or refuelling on an ad hoc basis;

(3) ‘along the TEN-T road network’ means: (a) with regard to electric recharging stations: that they are located on the TEN-T road network or within 3 km driving distance from the nearest exit of a TEN-T road; and (b) with regard to hydrogen refuelling stations: that they are located on the TEN-T road network or within 10 km driving distance from the nearest exit of a TEN-T road;

(4) ‘alternative fuels’ means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy used for transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, including: (a) ‘alternative fuels for zero-emission vehicles, trains, vessels or aircraft’: — electricity, — hydrogen, — ammonia, (b) ‘renewable fuels’: — biomass fuels, including biogas, and biofuels as defined in Article 2, points (27), (28) and (33), respectively, of Directive (EU) 2018/2001, — synthetic and paraffinic fuels, including ammonia, produced from renewable energy, (c) ‘non-renewable alternative fuels and transitional fossil fuels’: — natural gas in gaseous form (compressed natural gas (CNG)) and liquefied form (liquefied natural gas (LNG)), — liquefied petroleum gas (LPG), — synthetic and paraffinic fuels produced from non-renewable energy;

(5) ‘aircraft contact stand’ means a stand in a designated area of the airport apron equipped with a passenger boarding bridge;

(6) ‘aircraft remote stand’ means a stand in a designated area of the airport apron not equipped with a passenger boarding bridge;

(7) ‘airport of the TEN-T core network or airport of the TEN-T comprehensive network’ means an airport as listed and categorised in Annex II to Regulation (EU) No 1315/2013;

(8) ‘automatic authentication’ means the authentication of a vehicle at a recharging point through the recharging connector or telematics;

(9) ‘availability of data’ means the existence of data in a digital machine-readable format;

(10) ‘battery electric vehicle’ means an electric vehicle that runs exclusively on the electric motor, with no secondary source of propulsion;

(11) ‘bi-directional recharging’ means a smart recharging operation where the direction of the electricity flow can be reversed, allowing that electricity flows from the battery to the recharging point it is connected to;

(12) ‘connector’ means the physical interface between the recharging or refuelling point and the vehicle through which the fuel or electric energy is exchanged;

(13) ‘commercial air transport’ means ‘commercial air transport’ as defined in Article 3, point (24), of Regulation (EU) 2018/1139 of the European Parliament and of the Council (¹);

(14) ‘container ship’ means a ship designed exclusively for the carriage of containers in holds and on deck;

(15) ‘contract-based payment’ means a payment for a recharging or refuelling service from the end user to a mobility service provider on the basis of a contract concluded between that end user and that mobility service provider;

(16) ‘data user’ means any public authority, road authority, road operator, recharging and refuelling point operator, research or non-governmental organisation, mobility service provider, e-roaming platform, digital map provider or any other entity interested in using data to provide information, create services or perform research or analysis on alternative fuels infrastructure;

(17) ‘digitally-connected recharging point’ means a recharging point that can send and receive information in real time, communicate bi-directionally with the electricity grid and the electric vehicle, and that can be remotely monitored and controlled, including in order to start and stop the recharging session and to measure electricity flows;

(18) ‘distribution system operator’ means a ‘distribution system operator’ as defined in Article 2, point (29), of Directive (EU) 2019/944;

(19) ‘distributor’ means a ‘distributor’ as defined in Article 3, point (43), of Regulation (EU) 2018/858 of the European Parliament and of the Council (²);

(20) ‘dynamic data’ means data that change often or on a regular basis;

(21) ‘electric road system’ means a physical installation along a road for the transfer of electricity to an electric vehicle while the vehicle is in motion;

(22) ‘electric vehicle’ 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, which can be recharged externally;

(23) ‘electricity supply to stationary aircraft’ means the supply of electricity through a standardised fixed or mobile interface to an aircraft when stationed at an aircraft contact stand or at an aircraft remote stand;

(24) ‘end user’ means a natural or legal person purchasing an alternative fuel for direct use in a vehicle;

(25) ‘e-roaming’ means the exchange of data and payments between the operator of a recharging or refuelling point and a mobility service provider from which an end user purchases a recharging or refuelling service;

(26) ‘e-roaming platform’ means a platform connecting market actors, notably mobility service providers and operators of recharging or refuelling points, to enable the provision of services between them, including e-roaming;

(27) ‘European standard’ means a ‘European standard’ as defined in Article 2, point (1)(b), of Regulation (EU) No 1025/2012;

(28) ‘general aviation’ means all civil aviation operations other than scheduled air services and non-scheduled air transport operations for remuneration or hire;

(29) ‘gross tonnage’ (GT) means ‘gross tonnage’ as defined in Article 3, point (e), of Regulation (EU) 2015/757 of the European Parliament and of the Council (³);

(30) ‘heavy-duty vehicle’ means a Category M2 motor vehicle as described in Article 4(1), point (a)(ii), a Category M3 motor vehicle as described in Article 4(1), point (a)(iii), a Category N2 motor vehicle as described in Article 4(1), point (b)(ii) or a Category N3 motor vehicle as described in Article 4(1), point (b)(iii), of Regulation (EU) 2018/858;

(31) ‘high-power recharging point’ means a recharging point with a power output of more than 22 kW for the transfer of electricity to an electric vehicle;

(32) ‘high-speed passenger craft’ means a ‘high-speed craft’ as defined in Regulation 1 of Chapter X of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), which carries more than 12 passengers;

(33) ‘light-duty vehicle’ means a Category M1 motor vehicle as described in Article 4(1), point (a)(i) or a Category N1 motor vehicle as described Article 4(1), point (b)(i), of Regulation (EU) 2018/858;

(34) ‘liquefied methane’ means LNG, liquefied biogas or synthetic liquefied methane, including blends of those fuels;

(35) ‘manufacturer’ means a ‘manufacturer’ as defined in Article 3, point (40), of Regulation (EU) 2018/858;

(36) ‘mobility service provider’ means a legal person that provides services in return for remuneration to an end user, including the selling of recharging or refuelling services;

(37) ‘normal power recharging point’ means a recharging point with a power output less than or equal to 22 kW for the transfer of electricity to an electric vehicle;

(38) ‘National Access Point’ means a digital interface set up by a Member State that constitutes a single point of access to data;

(39) ‘operator of a recharging point’ means the entity that is responsible for the management and operation of a recharging point and that provides a recharging service to end users, including in the name and on behalf of a mobility service provider;

(40) ‘operator of a refuelling point’ means the entity that is responsible for the management and operation of a refuelling point and that provides a refuelling service to end users, including in the name and on behalf of a mobility service provider;

(41) ‘passenger ship’ means a ship which carries more than 12 passengers, including cruise ships, high-speed passenger crafts and ro-ro passenger ships;

(42) ‘payment service’ means a ‘payment service’ as defined in Article 4, point (3), of Directive (EU) 2015/2366 of the European Parliament and of the Council (⁴);

(43) ‘plug-in hybrid vehicle’ means an electric vehicle with a conventional combustion engine combined with an electric propulsion system which can be recharged from an external electric power source;

(44) ‘power output’ means the theoretical maximum power, expressed in kW, that a recharging point, station or pool, or a shore-side electricity supply installation can provide to vehicles or vessels connected to that recharging point, station, pool or installation;

(45) ‘publicly accessible alternative fuels infrastructure’ means an alternative fuels infrastructure which is located at a site or premises that are open to the general public, irrespective of whether the alternative fuels infrastructure is located on public or private property, whether limitations or conditions apply in terms of access to the site or premise and irrespective of the applicable use conditions of the alternative fuels infrastructure;

(46) ‘Quick Response code’ (QR code) means an ISO/IEC 18004:2015-compliant encoding and visualisation of data;

(47) ‘recharge on an ad hoc basis’ 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;

(48) ‘recharging point’ means a fixed or mobile, on-grid or off-grid interface for the transfer of electricity to an electric vehicle which, although it may have one or more connectors to accommodate different connector types, is capable of recharging only one electric vehicle at a time, and which excludes devices with a power output less than or equal to 3,7 kW the primary purpose of which is not the recharging of electric vehicles;

(49) ‘recharging point, station or pool dedicated to light-duty vehicles’ means a recharging point, station or pool intended for the recharging of light-duty vehicles, due to the specific design of the connectors/plugs or the design of the parking space adjacent to the recharging point, station or pool, or both;

(50) ‘recharging point, station or pool dedicated to heavy-duty vehicles’ means a recharging point, station or pool intended for the recharging of heavy-duty vehicles, either due to the specific design of the connectors/plugs or to the design of the parking space adjacent to the recharging point, station or pool, or both;

(51) ‘recharging pool’ means one or more recharging stations at a specific location;

(52) ‘recharging station’ means a physical installation at a specific location, consisting of one or more recharging points;

(53) ‘recharging service’ means the sale or provision of electricity, including related services, through a publicly accessible recharging point;

(54) ‘recharging session’ means the full process of recharging a vehicle at a publicly accessible recharging point from the moment the vehicle is connected to the moment the vehicle is disconnected;

(55) ‘refuel on an ad hoc basis’ means a refuelling 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 refuelling point that goes beyond the mere purchase of the refuelling service;

(56) ‘refuelling point’ means a refuelling facility for the provision of any liquid or gaseous fuel, through a fixed or a mobile installation, which is capable of refuelling only one vehicle, one train, one vessel or one aircraft at a time;

(57) ‘refuelling service’ means the sale or provision of any liquid or gaseous fuel through a publicly accessible refuelling point;

(58) ‘refuelling session’ means the full process of refuelling a vehicle at a publicly accessible refuelling point from the moment the vehicle is connected to the moment the vehicle is disconnected;

(59) ‘refuelling station’ means a single physical installation at a specific location, consisting of one or more refuelling points;

(60) ‘regulatory authority’ means a regulatory authority designated by each Member State pursuant to Article 57(1) of Directive (EU) 2019/944;

(61) ‘renewable energy’ means ‘energy from renewable sources’ as defined in Article 2, second paragraph, point (1), of Directive (EU) 2018/2001;

(62) ‘ro-ro passenger ship’ means a ship with facilities to enable road or rail vehicles to roll on and roll off the vessel which carries more than 12 passengers;

(63) ‘safe and secure parking area’ means a parking area accessible to drivers engaged in the carriage of goods or passengers which has been certified in accordance with Commission Delegated Regulation (EU) 2022/1012 (⁵);

(64) ‘shore-side electricity supply’ means the provision of shore-side electrical power through a standardised fixed or mobile interface to seagoing ships or inland waterway vessels, moored at the quayside;

(65) ‘smart recharging’ means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronic communication;

(66) ‘static data’ means data that do not change often or on a regular basis;

(67) ‘TEN-T comprehensive network’ means a comprehensive network within the meaning of Article 9 of Regulation (EU) No 1315/2013;

(68) ‘TEN-T core network’ means a core network within the meaning of Article 38 of Regulation (EU) No 1315/2013;

(69) ‘TEN-T core inland waterway port or TEN-T comprehensive inland waterway port’ means an inland waterway port of the TEN-T core network or TEN-T comprehensive network, as listed and categorised in Annex II to Regulation (EU) No 1315/2013;

(70) ‘TEN-T core maritime port or TEN-T comprehensive maritime port’ means a maritime port of the TEN-T core network or TEN-T comprehensive network, as listed and categorised in Annex II to Regulation (EU) No 1315/2013;

(71) ‘transmission system operator’ means a ‘transmission system operator’ as defined in Article 2, point (35), of Directive (EU) 2019/944;

(72) ‘urban node’ means an ‘urban node’ as defined in Article 3, point (p), of Regulation (EU) No 1315/2013.

Article 3

Targets for recharging infrastructure dedicated to light-duty electric vehicles

To that end, Member States shall ensure that, at the end of each year, starting from 2024, the following power output targets are met cumulatively:

(a) for each light-duty battery electric vehicle registered in their territory, a total power output of at least 1,3 kW is provided through publicly accessible recharging stations; and

(b) for each light-duty plug-in hybrid vehicle registered in their territory, a total power output of at least 0,80 kW is provided through publicly accessible recharging stations.

To that end, Member States shall ensure that:

(a) along the TEN-T core road network, publicly accessible recharging pools dedicated to light-duty electric vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km between them: (i) by 31 December 2025, each recharging pool offers a power output of at least 400 kW and includes at least one recharging point with an individual power output of at least 150 kW; (ii) by 31 December 2027, each recharging pool offers a power output of at least 600 kW and includes at least two recharging points with an individual power output of at least 150 kW;

(b) along the TEN-T comprehensive road network, publicly accessible recharging pools dedicated to light-duty electric vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km between them: (i) by 31 December 2027, along at least 50 % of the length of the TEN-T comprehensive road network, each recharging pool offers a power output of at least 300 kW and includes at least one recharging point with an individual power output of at least 150 kW; (ii) by 31 December 2030, each recharging pool offers a power output of at least 300 kW and includes at least one recharging point with an individual power output of at least 150 kW; (iii) by 31 December 2035, each recharging pool offers a power output of at least 600 kW and includes at least two recharging points with an individual power output of at least 150 kW.

The calculation of the percentage of the length of TEN-T comprehensive road network referred to in paragraph 4, point (b)(i), shall be based on the following elements:

(a) for the calculation of the denominator: the total length of the TEN-T comprehensive road network within the territory of the Member State;

(b) for the calculation of the numerator: the cumulated length of the sections of the TEN-T comprehensive road network between two publicly accessible recharging pools dedicated to light-duty electric vehicles meeting the requirements set out in paragraph 4, point (b)(i), excluding any sections of the TEN-T comprehensive road network between two of those recharging pools that are more than 60 km apart.

A single publicly accessible recharging pool dedicated to light-duty electric vehicles may be deployed along the TEN-T road network for both directions of travel provided that:

(a) that recharging pool is easily accessible from both directions of travel;

(b) that recharging pool is adequately signposted; and

(c) the requirements set out in paragraph 4 in terms of the maximum distance between recharging pools, total power output of the recharging pool, number of recharging points and power output of single recharging points applicable for a single direction of travel are complied with for both directions of travel.

Article 4

Targets for recharging infrastructure dedicated to heavy-duty electric vehicles

To that end, Member States shall ensure that:

(a) by 31 December 2025, along at least 15 % of the length of the TEN-T road network, publicly accessible recharging pools dedicated to heavy-duty electric vehicles are deployed in each direction of travel and that each recharging pool offers a power output of at least 1 400 kW and includes at least one recharging point with an individual power output of at least 350 kW;