Electric mobility and the legal framework in Spain
Electric mobility is rapidly expanding in Spain and across Europe, driven by the energy transition and decarbonisation targets. In this context, electric vehicle charging points have become strategic infrastructure. To ensure legal certainty and transparency, Royal Decree 184/2022 develops the legal status of consumers who acquire energy to provide charging services, as already anticipated by Law 24/2013 on the Electricity Sector.
This regulation defines the Charge Point Operator (CPO) as a regulated player within the Spanish electricity system, with specific rights, obligations, and responsibilities. Improper management of this activity may lead to administrative sanctions or contractual disputes, making specialised legal advice indispensable.
Differences between a conventional consumer and a CPO
Unlike ordinary consumers, a CPO does not use the energy for its own consumption but makes it available to third parties through charging infrastructure. This distinction justifies its legal classification as a specific actor, subject to registration in the relevant administrative register and to a differentiated legal status.
Service delivery models for EV charging
Charging services can be structured under different legal and operational schemes:
- Direct provision by the operator itself.
- Intermediation through E-Mobility Service Providers (EMSPs).
- Hybrid models based on interoperability agreements.
Each model involves specific legal repercussions regarding liability, billing, interoperability, and consumer protection, which contracts must clearly reflect.
The role of the Charge Point Operator (CPO)
Rights and prerogatives of the CPO
The regulation grants CPOs key prerogatives, including:
- Operating electric vehicle charging infrastructure.
- Delivering energy under market conditions, whether free of charge or for a fee.
- Entering into interoperability agreements with other stakeholders.
These rights allow CPOs to develop their business activity, provided they respect regulatory limits and comply with consumer protection rules.
Main obligations of the CPO
Royal Decree 184/2022 also imposes a catalogue of obligations, such as:
- Guaranteeing energy delivery under efficient conditions and at minimum cost to the system.
- Complying with applicable quality, industrial safety, and metrology standards for charging equipment.
- Providing transparent information to users on the origin of the energy and, where applicable, its environmental impact.
- Setting up a real-time customer service to resolve incidents and complaints effectively.
- Protecting the confidentiality of user and system data.
The role of the E-Mobility Service Provider (EMSP)
Rights and prerogatives of the EMSP
The regulation grants EMSP essential rights, including:
- Acting as an intermediary between the CPO and the end user in the provision of the charging service.
- Signing interoperability agreements with different charge point operators.
Main obligations of the EMSP
The regulation also requires EMSPs to comply with strict obligations, such as:
- Safeguarding the confidentiality of all information obtained in the course of their activity, except where disclosure is required by law.
- Informing customers about the origin of the energy supplied and its environmental impact, based on data provided by the CPO.
- Presenting energy prices and quantities supplied clearly and transparently.
- Offering real-time customer service to resolve claims and incidents.
- Complying with information reporting duties established by regulation.
Conclusion
The development of electric mobility requires a solid legal framework that inspires confidence in both operators and users. Spanish regulation recognises and regulates the activity of CPOs and EMSPs, granting them rights and imposing obligations to ensure a safe, transparent, and efficient charging service.
In this evolving landscape, specialised legal guidance is essential to prevent sanctions, resolve contractual disputes, and seize the opportunities offered by the electric vehicle charging market in Spain.
Frequently Asked Questions
Royal Decree 184/2022 establishes the legal framework for energy charging service providers, including Charge Point Operators (CPO) and E-Mobility Service Providers (EMSP).
A CPO operates and maintains the charging infrastructure, supplying electricity, while an EMSP acts as an intermediary between the CPO and the end user, ensuring access and interoperability of charging services.
CPOs must ensure efficient and safe energy delivery, comply with quality and safety standards, provide real-time customer support, and offer transparent information about the energy source and its environmental impact.
EMSPs must protect user data confidentiality, provide transparent pricing and energy information, and maintain interoperability agreements with different operators.
Because improper management can lead to administrative sanctions or contractual disputes. A specialised legal support ensures regulatory compliance and helps companies take advantage of market opportunities in EV charging services.
If your company requires more information on energy charging service providers in Spain,
