L.S. 545.38 Regolamenti dwar Infrastruttura għall-Iċċarġjar tal-Vetturi Elettriċi Aċċessibbli għall-Pubbliku

(1)The title of these regulations is the Publicly Accessible Electric Vehicle Charging Infrastructure Regulations. Citation and applicability.

(2)These regulations shall apply to publicly accessible electric vehicle charging infrastructure, excluding: (

1. a)wireless or induction charging devices; (
2. b)battery exchange devices; (
3. c)charging infrastructures devoted exclusively to the recharging of buses and coaches; and (
4. d)charging points whose maximum charging power does not exceed 3.7 kW. 2.

(1)Unless otherwise stated in these regulations, the definitions in the Regulator for Energy and Water Services Act shall apply.

(2)requires: Interpretation. Cap. 545. In these regulations, unless the context otherwise "access to charging" means the procedure which allows a vehicle to be connected to charging infrastructure and the transfer of the energy required for charging; "Act" means the Regulator for Energy and Water Services Act; "authorised provider" means the holder of an authorisation issued by the Regulator under these regulations permitting such person to act as an operator of publicly accessible charging infrastructure; "charging point" means an interface associated with a parking space which makes it possible to recharge a single electric vehicle at a time; "Charging Point Management System" or "CPMS" means the management system operated by the charging point operator to manage and maintain the charging points and back-end and, or network management system; "commissioning" means the first time a publicly accessible Cap. 545. 1 2 [ S.L. 545.38 PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE charging point is put into operation, following the establishment of operational readiness; "decommissioning" means operation of a charging point; the permanent removal from "electric vehicle" or ‘EV’ 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 and which can be recharged externally; In particular, electric vehicles includes cars, as well as motorcycles, mopeds and electric bicycles of the following categories: (

1. a)purely electric vehicle" means a vehicle equipped with a drive system, which includes exclusively electric motors as energy converters and exclusively electric rechargeable systems as energy storage systems; (
2. b)"hybrid electric vehicle for external charging" means a category of hybrid electric vehicle that can be charged from an external source; (
3. c)"hybrid fuel cell vehicle" means a fuel cell vehicle equipped with a power transmission system comprising at least one fuel storage system and at least one rechargeable electrical storage system as an electrical storage system; (
4. d)"assisted cycling (electric bicycle)" means a bicycle fitted with an auxiliary electric motor of a maximum rated power of less than or equal to 250W and whose engine power stops when the bicycle reaches 25 kilometres per hour; "electromobility service provider" or "eMSP" or "e-Mobility Service Provider" means an entity providing access for EV drivers to the charging services; Cap. 549. "environment" shall have the same meaning as assigned to it in the Environment Protection Act; "high-power recharging point" means a recharging point that allows for a transfer of electricity to an electric vehicle with a power of more than 22kW; "interoperability platform" means a software platform by means of which two or more publicly accessible charging infrastructure operators contribute to the deployment of roaming charging by facilitating, securing and optimising data exchanges and payment services between publicly accessible charging infrastructure operators; "normal power recharging point’ means a recharging point that PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [ S.L. 545.38 allows for a transfer of electricity to an electric vehicle with a power less than or equal to 22 kW, excluding devices with a power less than or equal to 3.7 kW, which are installed in private households or the primary purpose of which is not recharging electric vehicles, and which are not accessible to the public; "Open Charge Point Interface" or "OCPI" means an open protocol used for connections between charging station operators and service providers and which facilitates automated roaming for EV drivers across several EV charging networks; "Open Charge Point Protocol" or "OCPP" means an application protocol for communication between electric vehicle (EV) charging stations and a central management system, also known as a charging station network; "operational readiness" means the capability to function in accordance with design and specifications; "publicly accessible charging infrastructure" means all equipment, such as electrical supply circuits, charging stations or charging points, control and management equipment, and devices allowing in particular the transmission of data, supervision, control and payment, which are necessary for recharging; "publicly accessible charging infrastructure operator" or "operator" means a natural or legal person that provides electric vehicle charging services to users and who is responsible for the technical maintenance of the publicly accessible charging infrastructure, of ensuring the availability and operation of the recharging points managed by that person, supervising and controlling it, as well as providing the necessary data to electronic platforms for the monitoring and control of rechargeable infrastructures when required to do so; "publicly accessible charging point" means a charging point, which provides Union-wide non-discriminatory access to users. Nondiscriminatory access may include different terms of authentication, use and payment. In particular, the following shall be deemed to be publicly accessible charging points: (
5. a)a charging point whose parking space is physically accessible to the public, including where access to the parking space is subject to an authorization and, or the payment of an access fee; (
6. b)a charging point attached to a shared car system and accessible to third parties, including on payment of the charging service; The following shall not be considered to be publicly accessible 3 4 [ S.L. 545.38 PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE charging points: (
7. a)a charging point installed in a private residential building or in an outbuilding of a private residential building and exclusively reserved for residents; (
8. b)a charging point assigned exclusively to charging vehicles in service within the same entity and installed in an enclosure dependent on this entity; (
9. c)a charging point installed in a maintenance or repair workshop not accessible to the public; "roaming charging" means the user’s option when having a contract with a particular publicly accessible charging infrastructure operator to use the publicly accessible charging infrastructure of a different operator without having a contract with that operator and by having access to charging and payment services through an interoperability platform; "user" means the end-user requiring to charge an electric vehicle through a publicly accessible charging point. Authorisation to act as an operator of publicly accessible charging infrastructure. 3.

(1)An authorisation shall be required for a person to act as an operator of publicly accessible charging infrastructure.

(2)Authorisations shall be issued by the Regulator in respect of the execution of the operations, activities and practices referred to in these regulations and shall include the terms and conditions for the execution of such operations, activities and practices.

(3)An authorisation issued by the Regulator shall be in writing and, unless cancelled, suspended or revoked in accordance with any condition contained in it or in accordance with these regulations or with any other law, shall continue to remain in force for such period of time as may be specified in the authorisation.

(4)Authorisations unless revoked shall be valid for a period of twelve

(12)years.

(5)An authorisation issued by the Regulator under these regulations shall not exempt the authorised provider from the requirement of obtaining any other authorisation or permit as may be required under any other law.

(6)Any person who wishes to act as an operator of publicly accessible charging infrastructure shall submit an application in writing to the Regulator in such form and manner as the Regulator may prescribe. A non-refundable application fee of five hundred (€500) euro shall be paid to the Regulator with the application for an authorisation. PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [ S.L. 545.38

(7)The Regulator shall establish its procedure for the purposes of determining an application for the issue of an authorisation for a person to act as an operator of publicly accessible charging infrastructure.

(8)The Regulator shall communicate to the applicant in writing within a reasonable time, which shall not be of more than six

(6)months from the date of receipt of a valid application, any decision taken concerning an application for an authorisation or an application for the renewal of an authorisation or any valid reason impeding the Regulator to reach such a decision.

(9)Upon expiry, an authorisation may be renewed, and an application for the renewal of an authorisation shall have to be submitted in writing to the Regulator in such form and manner as the Regulator may require, six

(6)months prior to the date on which the authorisation expires. A non-refundable renewal application fee of five hundred euro (€500) shall apply.

(10)The Regulator may modify, amend, replace, add or delete any authorisation condition in the renewed authorisation and add specific conditions relevant to each individual authorisation as the Regulator considers to be reasonably justified in the circumstances.

(11)The first authorisation fee payable under sub-regulation

(12)shall be paid by the authorised provider within thirty

(30)days from the granting of an authorisation and thereafter every three years on the anniversary of the grant of such authorisation or any other date as the Regulator may reasonably establish.

(12)The amount of the authorisation fee per charging point shall be of seventy-five (€75) euro and shall be paid to the Regulator every three

(3)years: Provided that the amount of the authorisation fee per charging point registered after the date of the granting of the authorisation shall be calculated pro rata temporis.

(13)If any authorisation fee payable under sub-regulation

(12)is not paid within thirty

(30)days as from the date from which the payment of the authorisation fee is due, the Regulator shall after the lapse of such time communicate to the authorised provider, whose authorisation fee has not been so paid informing him about his failure to pay such fee.

(14)The Regulator shall be deemed to have complied with sub-regulation

(13)if such communication is sent by registered post, to the usual or last known address of the authorised provider whose authorisation fee has not been so paid.

(15)If any authorisation fee mentioned in sub-regulation

(14)5 6 [ S.L. 545.38 PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE is not paid within thirty

(30)days after the date on which the communication therein mentioned has been sent by registered post, the authorisation to which it refers shall cease to be in force, and if the person to whom it was granted wishes again to act as an operator of publicly accessible charging infrastructure he shall then be required to apply for a new authorisation.

(16)In considering any such application, the Regulator may take into consideration the previous failure of the applicant to pay the authorisation fee payable under sub-regulation

(12)and of any explanation regarding that failure which the applicant may submit to the Regulator.

(17)The Regulator shall have the power to include in an authorisation issued under these regulations any such conditions as the Regulator considers a requisite or suitable.

(18)The authorisation shall have a minimum set of general conditions: Provided that special conditions may be attached to any authorisation issued under these regulations.

(19)The authorised provider shall at all times comply with these regulations and with the conditions of an authorisation.

(20)The conditions included in an authorisation may contain, but not necessarily be limited to, provisions regarding: (

1. a)the grant and term of the authorisation; (
2. b)suspension, variation and transfer conditions of the authorisation; (
3. c)compliance requirements to conditions, directions, management letters, standards, guidelines, codes of practice or rules given by the Regulator or as may be established at law; (
4. d)the obligations of the authorised provider including but not limited to customer service obligations; (
5. e)protection of consumers; (
6. f)monitoring and recording of the authorised operations; (
7. g)reporting, auditing and submission of information to the Regulator; (
8. h)inspection, making copies and taking extracts from books and records held by the authorised provider and the PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [ S.L. 545.38 carrying out of measurements and tests in relation to any authorised facility, assets or plant; (
9. i)assessment and auditing of operations, activities and practices and their compliance to authorisation conditions; and (
10. j)regulation of subsidiary companies and, or companies executing part of the regulated operations, activities and practices.

(21)Any person granted an authorisation under these regulations shall: (

1. a)comply with any direction given by the Regulator as to such matters as are specified in the authorisation or are of a description so specified; (
2. b)execute the regulated operations, activities and practices in accordance with such authorisation conditions; (
3. c)act in accordance with any requirements as are specified in the authorisation or are of a description so specified; and (
4. d)comply with the decisions or directions issued by the Regulator.

(22)The authorised provider shall inform the Regulator of any changes relating to his activity which result in the conditions for his authorisation no longer being met and the creation of subsidiaries whose activities fall within the scope of the authorisation and, or the authorisation scheme.

(23)The authorised provider shall register the publicly accessible charging point with the Regulator within fifteen

(15)days as from the date of the commissioning of such charging point by means of the procedure established by the Regulator for such purposes. The authorised provider shall also notify the Regulator within one

(1)day as from the date of decommissioning of such charging point by means of the procedure established by the Regulator for such purposes. 4.

(1)The Regulator shall adopt fair, objective and transparent conditions relating to the granting of an authorisation in terms of the principles of natural justice.

(2)In taking a decision in respect of the grant, issue, amendment or renewal or any other matter pertaining to an authorisation issued under these regulations, the Regulator may take account of the following: Granting of an authorisation. 7 8 [ S.L. 545.38 PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE (

1. a)compliance by the applicant with all other relevant permits and authorisations, however so described issued by any other public regulator; (
2. b)the capability of the applicant to ensure safety conditions, in the context of the authorisation being applied for; (
3. c)private and professional integrity of the applicant; (
4. d)protection of the health and safety of employees; (
5. e)protection of the environment; (
6. f)record of compliance with these regulations and any other relevant laws by the person with regard to whom the decision shall be made; (
7. g)suitability of the facility to be authorised or the authorised facility as the case may be and, with regard to safety, health, security, hazardous substances, environment, land use and planning requirements; (
8. h)the need for facilities and services to be provided for customers at the facility concerned and the extent to which the interests of customers shall be served; (
9. i)Grounds of refusal for an authorisation. the public interest in general. 5. The Regulator shall have the right to refuse a request for the issue of an authorisation or, if an authorisation has been issued, a request for the renewal of an authorisation, on the grounds that: (
10. a)the Regulator considers that the request does not meet one or more of the criteria referred to in regulation 4

(2); or (

1. b)the application does not contain all such information requested by the Regulator in the application form or any other additional information that the Regulator may request from the applicant for the purpose of determining an application for the authorisation; or (
2. c)the application is not accompanied by such application fee as specified in accordance with these regulations: Provided that any decision taken by the Regulator, including refusal or withdrawal of an authorisation, shall be fully reasoned and shall be open to challenge before the Administrative Review Tribunal: Provided further that in case of failure by the Regulator to PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [ S.L. 545.38 9 inform the applicant regarding any decision taken concerning access to a service activity or the exercise thereof, including refusal or withdrawal of an authorisation, shall not mean in any manner whatsoever, that the Regulator has tacitly granted such authorisation and that the applicant has automatically been granted access to a service activity or the exercise thereof. 6. The Regulator may, at any time in the course of the period for which an authorisation is valid, order its suspension, revocation or cancellation where the Regulator is satisfied that: Suspension, revocation or cancellation of an authorisation. (
3. a)the holder of the authorisation has failed or is failing to comply with any condition of the authorisation or with these regulations; (
4. b)the holder of the authorisation does not possess all other relevant authorisations and permits however so described that are required by any other public regulator or Government department; (
5. c)the holder of the authorisation is contravening any requirement imposed by law; (
6. d)the holder of the authorisation fails to comply with any directive given by the Regulator; (
7. e)any information submitted in the application for a authorisation or the application for renewal of a authorisation and for which the authorisation has been issued or renewed, as the case may be, is determined to be false; or (
8. f)if the holder of the authorisation does not meet any criteria in respect of one or more of the criteria referred to in regulation 4

(2): Provided that in exercising the powers for suspension, revocation or cancellation of authorisations, the Regulator may take into account the nature of the failure, or the fact that the holder of the authorisation is taking the appropriate steps which the Regulator considers to be necessary in order to comply with the conditions of the authorisation, these regulations or any other requirement that the Regulator may deem relevant. 7.

(1)When the holder of an authorisation issued under these regulations, decides either to suspend or terminate his authorisation, such holder shall promptly notify the Regulator in the form prescribed by the Regulator, to notify such a termination or suspension.

(2)Upon acknowledgment by the Regulator to the holder of an authorisation of the notification mentioned in sub-regulation

(1), Termination of authorisation. 10 [ S.L. 545.38 PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE the authorisation shall be considered to have ceased to be in force and with immediate effect from the date of such acknowledgment such holder shall be deemed to be unauthorised.

(3)Notwithstanding any notice for the termination or suspension of an authorisation, the holder of the authorisation shall remain liable for the payment of any fee due to the Regulator. Transfer of authorisation. 8.

(1)An authorisation issued by the Regulator under these regulations shall not be validly transferred inter vivos to any other person unless: (

1. a)the transferor informs in writing the Regulator in such form and manner as the Regulator shall prescribe; (
2. b)the Regulator is satisfied that at least the same criteria as listed in regulation 4

(2)are complied with; (

1. c)the transfer is subject to the conditions prescribed in the authorisation; and (
2. d)the Regulator approves in writing the transfer of the authorisation.

(2)An authorisation issued by the Regulator under these regulations shall not be validly transmitted causa mortis to any other person unless: (

1. a)the transferor informs in writing the Regulator in such form and manner as the Regulator shall prescribe; (
2. b)the Regulator is satisfied that at least the same criteria as listed in regulation 4

(2)are complied with; (

1. c)the transfer is subject to the conditions prescribed in the authorisation; and (
2. d)the Regulator approves in writing the transfer of the authorisation: Provided that an authorisation issued in terms of these regulations shall be an indivisible right: Provided further that in the event that the Regulator approves the transfer of the authorisation as aforesaid, the transfer shall have retrospective effect from the date of the death of the decujus.

(3)Where the authorised provider is a body corporate or any other body of persons, a change in the control of the ownership or management of that body shall be deemed to be equivalent to the transfer of the authorisation and shall be subject to the approval of the PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [ S.L. 545.38 11 Regulator. For the purpose of this sub-regulation, a transfer in the control of the ownership of a body corporate or other body of persons shall be deemed to occur in any case where a transfer of the capital, shares, stocks or other rights held in the body corporate or other body of persons leads to a change in the person holding the controlling interest therein. 9.

(1)An operator of publicly accessible charging infrastructure shall apply for an electricity connection service as established in the Electricity Supply Regulations and shall be subject to the applicable charges and consumption tariffs established therein.

(2)The electrical wiring installation used to supply electricity to publicly accessible charging infrastructure shall comply with the Electrical Installations Regulations and shall be carried out and certified by an authorised provider holding the appropriate authorisation in terms of the aforementioned regulations. 10.

(1)All publicly accessible charging infrastructure shall have metering and control devices installed to control and manage charging.

(2)The metering equipment of the publicly accessible charging infrastructure shall be compliant with the Measuring Instruments Regulations. 11.

(1)Each publicly accessible charging point shall be registered on a national register of publicly accessible charging infrastructure for electric vehicles. The Regulator shall assign a unique identifier to each charging point.

(2)In addition to the charging point identifier, the information necessary for access to charging and the operating methods, as well as a telephone number or a connected call button or any other equivalent means to reach the operator in cases of malfunction shall be available in the immediate vicinity of the publicly accessible charging point.

(3)Data relating to the geographical location and technical characteristics of publicly accessible charging points shall be accessible on an open basis to all users in a non-discriminatory manner. The operator shall take the appropriate measures to ensure that this data is constantly updated, made public and shall allow the free reuse of this data.

(4)Publicly accessible charging infrastructure shall have a supervision system that allows data exchange with each charging point as well as real-time monitoring of the state of charging infrastructure, and which records the essential parameters of the use of the service, including those concerning the energy delivered. Grid connection. S.L. 545.01. S.L. 545.24. Metering. S.L. 454.15. National register, data exchange and supervision system. 12 [ S.L. 545.38 PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE

(5)The Open Charge Point Protocol shall be used by operators for communication between the charging points and the charging point management system.

(6)The Open Charge Point Interface protocol shall be used for communication between electromobility service providers and charging point operators and for communication between electromobility service providers or charging point operators and platforms that provide roaming charging services. Ad hoc charging. 12. The operator shall take the appropriate measures to guarantee, under non-discriminatory conditions, access to charging and, where applicable, the related payment, to any user who requests it without the obligation to enter into a contract with such operator: Provided that this obligation is presumed to be satisfied by allowing ad hoc charging and related payment without the need for the user’s registration or authentication in any way and by means of: (a) a common card-based payment system including contactless systems or cash payment method in the immediate vicinity of the charging point; and, or (b) Charging on a contractual basis. a common web-based payment system. 13.

(1)Without prejudice to regulation 12, an operator may offer electric vehicle charging services to users on a contractual basis, including in the name and on behalf of other operators. Operators offering a charging service on a contractual basis on behalf of other operators may provide this service through a digital connection of the publicly accessible charging infrastructure to an interoperability platform, whether managed by the same operator of publicly accessible charging infrastructure or by third parties.

(2)The interoperability platform shall offer a universal intermediation service between the functions of an operator of publicly accessible charging infrastructure, ensuring the data exchanges required for roaming charging and associated services such as finding and booking charging points, when they are offered by the operators concerned.

(3)The interoperability platform shall include the appropriate measures to make its intermediation service accessible to other operators of publicly accessible charging infrastructure whose activity requires interaction with operators of publicly accessible charging infrastructure or users.

(4)An interoperability platform shall include the appropriate measures to establish relationships with other interoperability platforms in order to allow the subscriber of an operator of publicly accessible charging infrastructure to be connected to one of these PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [ S.L. 545.38 13 platforms, and to access the publicly accessible charging infrastructure of operators connected to other platforms.

(5)An interoperability platform shall not, because of its organization or its activity, confer or contribute to confer an advantage on a particular operator of publicly accessible charging infrastructure. 14.

(1)The price per kWh of electricity delivered from a publicly accessible charging point shall be as established in the Electricity Supply Regulations and the operator of publicly accessible charging infrastructure shall make no profit on the resale of electricity.

(2)The price to be charged to users of publicly accessible charging infrastructure for the use of the recharging service (excluding the electricity component) shall be determined by the operator. The operator may add a premium per kWh for the charging service to the regulated tariff as established in the Electricity Supply Regulations. This premium shall be deemed to cover the cost of investment, installation, operation, maintenance and management of the charging point as well as any network management system, while including a reasonable profit. Price transparency. S.L. 545.01. S.L. 545.01.

(3)On each publicly accessible charging point, the technical characteristics and a breakdown of the price components shall be clearly indicated. The applicable price of electricity per kWh shall be clearly distinguished and displayed separately from any other price components. 15.

(1)A normal charging point which is also a publicly accessible charging point shall be equipped with at least a Type 2 socket outlet or a type 2 connector, as described in standard EN 621962.

(2)A direct current high-power charging point which is also a publicly accessible charging point shall be equipped with at least one Combo2 Type connector as described in standard EN 62196-3.

(3)An alternating current high-power charging point which is also a publicly accessible charging point shall be equipped with at least one Type 2 connector as described in standard EN 62196-2.

(4)A publicly accessible charging point reserved for LCategory electric vehicles up to 3.7kVA shall be equipped with at least one of the following: (

1. a)socket-outlets or vehicle connectors of Type 3a as described in standard EN 62196-2 (for Mode 3 charging); (
2. b)socket-outlets and connectors compliant with IEC 60884 (for Mode 1 or Mode 2 charging). Standards. 14 PUBLICLY ACCESSIBLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE [ S.L. 545.38

(5)Charging socket outlets shall have safety shutters. Maintenance of publicly accessible charging infrastructure. 16. The operator shall be responsible for maintaining the publicly accessible charging infrastructure in a good and safe working order, and for ensuring that regular maintenance is carried out. Administrative fines. 17.

(1)The Regulator may impose an administrative fine upon any person who infringes any provision of these regulations or of an authorisation condition or approval issued thereunder or who fails to comply with any directive or decision given by the Regulator in ensuring compliance with these regulations.

(2)An administrative fine imposed under sub-regulation

(1)shall not exceed one hundred thousand euro (€100,000). Appeals. Cap.

2. The Administrative Review Tribunal established by article 5 of the Administrative Justice Act shall be competent to hear and determine appeals from decisions of the Regulator made under these regulations. Unless otherwise provided by law, an appeal from a decision of the Regulator made under these regulations shall lie to the Administrative Review Tribunal in accordance with article 32 of the Act.