Legal framework for electric vehicle charging services in Spain

In general terms, although Spain lacks comprehensive legislation regarding the establishment and functioning of electric vehicle charging stations, regulation of this activity commenced in 2022 through Royal Decree 184/2022. This decree governs the provision of electric vehicle energy charging services (RD 184/22).

RD 184/22 outlines a legal framework delineating various modalities for delivering these services, accompanied by specific regulations in each case.

Modalities for Electric Vehicle Recharging Services

Article 5 of RD 184/22 delineates distinct modalities for electric vehicle recharging services:

• Occasional recharging provided by the recharging point operator (service provider) without a prior contract. This contractual approach may involve physical and electronic payment methods, ensuring the timely execution of the recharging process.
• Conclusion of a contract between the operator of the charging point (service provider) and the electric vehicle user, before the actual energy supply.
• By an electric mobility service provider, where the charging point operator must have an interoperability agreement with the electric mobility service provider.

Electronic applications commonly facilitate management and payment in these models.

Rights and Obligations of Recharging Point Operators

RD 184/22 stipulates that operators of electric car recharging points fall under the regulation of Law 24/2013, dated December 26, on the electricity sector (Law 24/2013). Article 44 of this law grants common rights to all consumers, including transparency in energy transactions, access to electricity transmission networks, and the freedom to choose a supplier in the market.

In addition to these common rights, Article 44 of Law 24/2013 sets certain general obligations on operators, such as:

• Compliance of installations and equipment with technical and safety requirements established in regulations.
• Timely payment to relevant parties in the electricity market within the stipulated period.

Apart from Law 24/2013, which broadly oversees the responsibilities and rights of participants in the electricity market (including operators of electric vehicle recharging points), RD 184/22 serves as the specific regulation detailing the rights and obligations of electricity market participants, particularly operators of electric vehicle recharging points. Article 6.3 of RD 184/22 provides a detailed outline of the obligations incumbent upon charging point operators with the most significant ones outlined below:

• Ensure the efficient, accessible, and cost-effective energy use during the charging process.
• Provide clear information to users, distinguishing between one-off charges and long-term contracts. Based on the corresponding supply contract information, this should include details on the source’s origin, environmental impact, and the proportion of different energy sources used.
• Maintain a real-time customer care service for user assistance and handling complaints, claims, and incidents related to the recharging service.
• In all instances, the established customer service must adhere to the minimum quality parameters specified in consumer and user protection legislation.

Conclusion

The new legal framework established by RD 184/22 allows companies to initiate these services in Spain safely. Given the complexity and applicable regulations, expert guidance is vital to identify the optimal business model for offering such services. Mariscal Abogados provides thorough and high-quality advice, emphasizing practical and commercial perspectives for a successful implementation of these services in Spain.

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