EU legislation for hydrogen refuelling stations and charging points introduced: the Alternative Fuels Infrastructure Regulation

On 12 October 2023, the European Alternative Fuels Infrastructure Regulation, EU Directive 2023/1804 (AFIR) entered into force. 

The AFIR forms part of the Fit-for-55 package, which includes measures introduced by the European Commission aimed at reducing net greenhouse gas emissions in 2030 by at least 55% compared to 1990 levels and to achieve climate neutrality by 2050. Under Fit-for-55, emissions from new cars must be reduced by 55% by 2030 (compared to 2021) and by 100% by 2035. To achieve these ambitions and allow businesses and citizens to make the transition from conventional gasoline or diesel vehicles to more sustainable alternatives, a reliable European network of charging points for sustainable fuels is essential. This is where the AFIR comes in. The AFIR aims to ensure the provision of adequate and easily accessible infrastructure for alternative fuels with an emphasis on electricity and hydrogen, catering to road, maritime, and aviation transportation. For this purpose, AFIR obliges member states to arrange for the development of electric charging and hydrogen (and other alternative fuels) fuelling stations across the EU.

Recharging infrastructure for cars, vans and heavy-duty vehicles

Pursuant to the AFIR, the expansion of recharging infrastructure for cars and vans must align with the rate of vehicle adoption. To achieve this objective, publicly accessible recharging infrastructure must be capable of delivering a power output of 1.3 kW for every registered battery-electric car within each member state. Furthermore, starting in 2025, fast recharging stations with a minimum capacity of 150 kW must be established at intervals of 60 km along the trans-European transport network (TEN-T).

In addition, recharging stations specifically designed for heavy-duty vehicles, providing a minimum output of 350 kW, are required to be strategically placed at intervals of 60 km along the TEN-T core network (which includes the most important connections linking major cities and nodes) and every 100 km along the larger TENT-T comprehensive network (which connects all regions of the EU to the core network), commencing in 2025. Full coverage of the network should be attained by 2030. Furthermore, recharging stations must be installed at secure and designated parking areas to facilitate overnight recharging, as well as within urban nodes to accommodate delivery vehicles.

Hydrogen refuelling infrastructure

Commencing in 2030, hydrogen refuelling infrastructure capable of accommodating both passenger cars and heavy-duty vehicles must be established at all urban nodes and positioned at intervals of every 200 km along the TEN-T core network. This strategic deployment aims to create a comprehensive network that facilitates the movement of hydrogen-powered vehicles across the EU.

Shore-side electricity in major ports and airport electricity

Maritime ports with a minimum of 40 port calls from large passenger vessels or 100 port calls from container vessels are required to implement shore-side electricity for these vessels by 2030. This initiative aims to mitigate the carbon emissions associated with maritime transport and alleviate local air pollution within port vicinities. 

Airports must provide electricity to stationary aircraft at all contact stands (i.e. gates) by 2025, and at all remote stands (i.e. outfields positions) by 2030.

Transparent pricing for electric and hydrogen stations

The AFIR also ensures transparency for consumers. Operators of electric recharging and hydrogen refuelling stations are required to guarantee complete price transparency from the acquisition of a charging card to the receipt of the charging session invoice. They must provide a universally accepted ad hoc payment method (e.g. debit or credit cards), and make pertinent information, such as location data, accessible through electronic channels to ensure comprehensive customer awareness.  

Status update for the Netherlands

The Netherlands holds a leading position in Europe for the density of electric charging stations, with the total number of charging points exceeding 146,000, including more than 5,000 fast-charging points. This does not, however, apply to heavy-duty vehicles. Currently, there are only thirteen charging locations for trucks and seventeen publicly accessible hydrogen refuelling stations. 

Given the fact that providers of charging stations and charging cards have in the past fallen short of adequate price transparency, as they are obligated to do under consumer protection legislation, the ACM (Authority for Consumers and Markets, the Dutch regulatory authority charged with competition oversight, sector-specific regulation of several sectors, and the enforcement of consumer protection laws), urged providers of charging stations and charging cards in 2020 to make the necessary improvements and announced they would monitor compliance from 1 December 2020. A subsequent inspection revealed a significant improvement in adherence to the relevant legislation and guidelines. Recently, charging card providers have transferred price information from their website to mobile applications, which has also led to improved clarity of pricing information for consumers. 

Next steps

The AFIR is undeniably a critical step towards a sustainable transportation future. Member states are required to meet the initial requirements within a period of six months. However, for the Netherlands, compliance with the AFIR is to a significant extent already met.

For more information on this draft law and how the AFIR could impact your company, contact your CMS client partner or these CMS experts.