EV Charging Infrastructure: Legal Aspects In Ireland As The 60km Interval Gets Closer

• Jurisdiction: European Union
• Law Firm: Arthur Cox
• Subject Matter: Energy and Natural Resources, Energy Law, Oil, Gas & Electricity, Renewables
• Author: Arthur Cox
• Published date: 03 February 2023

In Ireland, electrification of vehicle transport will depend on access to adequate public charging infrastructure. As new EU law nears completion and Ireland publishes the Climate Action Plan 2023 and an EV Charging Infrastructure Strategy, we review latest legal developments and considerations relevant to delivery.

Drivers of change

EU Fit for 55 legislation is nearly finalised and it aims to achieve very significant emissions reductions by 2030.

The Commission states that around 25% of EU emissions come from transport and calls for a 90% reduction compared to 1990. Several mechanisms are intended to achieve this.

Alternative Fuels Infrastructure Regulation ("AFIR")

The proposal for a new Regulation (and repeal of the Directive) would require rollout of recharging infrastructure for light- and heavy-duty vehicles along the Core Network and Comprehensive Networks, shown here:

Image credit: https://transport.ec.europa.eu/

It sets minimum levels of recharging pools, summarised in the table below.

MEPs would like to go further and faster. Their amendments are here. For example, they would bring Comprehensive Network requirements forward and increase the available electricity volumes.

The Council position is also available here and negotiations on the final position are underway.

All figures subject to negotiation	Core Network	Comprehensive Network
By end of 2025	Light-duty vehicles: Every 60 km (300 kW including a station with an output of 150 kW) Heavy-duty vehicles: Every 60 km (1400 kW including a station with an output of 350 kW).
By end of 2030	Light-duty vehicles: Every 60 km (600 kW including two stations with an output of 150 kW) Heavy-duty vehicles: Every 60 km (3500 kW including two stations with an output of 350 kW).	Light-duty vehicles: Every 60 km (300 kW including a station with an output of 150 kW) Heavy-duty vehicles: Every 100 km (1400 kW including a station with an output of 350 kW).
By end of 2035	Light-duty vehicles: Every 60 km (600 kW including two stations with an output of 150 kW) Heavy-duty vehicles: Every 100 km (3500 kW including two stations with an output of 350 kW).

AFIR provides for an iterative process between Member States and the Commission to develop planning to deploy the required infrastructure, and this is reflected in Ireland's EV Charging Infrastructure Strategy.

TEN-T Regulation

Charging infrastructure will also be addressed in a revised TEN-T Regulation. This Regulation identifies the Comprehensive, Core, and Extended Core Networks, as well as the Projects of Common Interest and the requirements they need to meet to obtain the benefits that PCI status confers.

Renewable Electricity Directive

The draft for a revised Renewable Energy Directive requires that economic operators supplying renewable electricity to EVs through public recharging stations receive credits capable of being sold to fuel suppliers subject to a renewable obligation.

It requires that non-publicly accessible recharging points can support smart charging and, where appropriate, bidirectional charging, and that vehicles can meet the data requirements needed for integration in the electricity system.

It expresses renewable targets in transport in terms of 'greenhouse gas intensity', which supports electrification as the most efficient way to decarbonise road transport, as compared to renewable fuels and recycled fossil fuels.

Buildings

The proposal to revise the Energy Performance of Buildings Directive will build on existing requirements for recharging infrastructure in private buildings, homes and workplaces, as well as in relation to smart and bi-directional charging.

Emissions

A new EU emissions trading scheme for fuel supplied to transport, to begin in 2027, will require fuel suppliers to pay the cost of carbon for fossil fuels.

Proposals to revise the Effort Sharing Regulation and Energy Efficiency Directive will increase Ireland's obligation to reduce its emissions and to improve efficiency, as...