France
Contents
- Background on France’s Regulatory Framework - LOI n° 2019-1428 du 24 décembre 2019 d’orientation des mobilités (LOM) - The Climate and Resilience Law - Cybersecurity Regulations - Access and Interoperability Regulations - Smart Charging Regulations - Considerations for Installing EVCS on Public Property
Background on France’s Regulatory Framework
Electric vehicle charging infrastructure has become a national priority in France, as reflected by ambitious deployment targets and an ever evolving legal and regulatory framework.
Defining EV Charging Infrastructure
Under Decree no. 2017-26 of 12 January 2017 (implementing Directive 2014/94/EU), “charging infrastructure” comprises all the equipment necessary for charging an electric vehicle, including power supply circuits, charging stations or charging points, control and management systems, and devices that facilitate data transmission, supervision, control, and payment. EV recharging itself is considered a “service”. Article L. 334-4 of the French Energy Code. This means that the transaction is not the supply of electricity per se, but rather the purchase of a “recharging service.”
EVCS is also increasingly seen as part of the broader energy infrastructure. Regulatory emphasis is now placed on integrating EV charging with the electricity grid through smart charging technologies that adjust usage based on grid conditions and pricing signals. This approach supports national goals set out in France’s roadmap to fight climate change: the Stratégie nationale bas carbone (SNBC) and aligns with Article L. 353-10 of the code de l’énergie (French Energy Code), promoting load balancing and renewable energy integration.
France’s EVCS Deployment Targets
France’s government has set clear benchmarks to foster the growth of charging points across the country:
- 100,000 Public Charging Points by End of 2023 Decree no. 2020-456 of 21 April 2020 initially set this target for 31 December 2023. By October 2023, France had surpassed 110,000 publicly available charging points.
- 400,000 Public Charging Points by 2030 The newer government objective aims for 400,000 charging points by 2030, including at least 50,000 fast-charging points (Press pack, 27 October 2023, “Deployment of charging points, en route pour 2030!”).
- Seven Million Charge Points in Residential, Commercial, and Public Buildings Article 41 of Law 2015-992 of 17 August 2015 on the energy transition for green growth targets at least seven million charge points across housing, commercial buildings, and public-access parking spaces.
Overview of the EVCS Market
According to the French Competition Authority (ADLC) (Opinion No. 24-A-03 of 30 May 2024), France’s EV charging infrastructure comprises two main categories:
- Publicly Accessible Charging
- Home Charging in Multi-Unit Dwellings
Within these categories, three key types of stakeholders emerge:
- Charging Operators who install and operate charging equipment, often selected via competitive tender processes or negotiated agreements.
- Mobility Operators who provide recharging services directly to end users, typically through apps, badges, or subscription models.
- Interoperability Platforms that connect charging operators with mobility operators, enabling mutual access to charging networks.
Other stakeholders include grid operators, owners of car parks or multi-unit residential buildings, and/or municipalities or other local authorities.
The ADLC emphasises two major levers for an efficient, user-friendly deployment of public charging points:
- Regional Network Coverage Rural and peri-urban areas often lack private-sector investment due to lower demand. The ADLC recommends improved identification of underserved areas and stronger interministerial coordination to balance coverage.
- Pricing Transparency Complex pricing structures can deter consumer uptake. Clearer, more uniform pricing information would strengthen confidence in EV adoption and spur market demand.
Regulatory Oversight
Oversight is provided by the French Energy Regulatory Commission (CRE), which ensures fair access to the electricity grid and monitors regulated components of infrastructure use, particularly where public funding or concessions are involved.
Below is a non-exhaustive overview of relevant regulations within France’s EV charging ecosystem.
LOI n° 2019-1428 du 24 décembre 2019 d’orientation des mobilités (LOM)
What is the LOM?
The LOI n° 2019-1428 du 24 décembre 2019 d’orientation des mobilités (LOM) was introduced with the primary aim to revolutionise the French transportation framework and align it with the pressing objectives of decarbonisation. This law modernises transport policy, reduces greenhouse gas emissions, and promotes cleaner mobility solutions. In particular, the legislation emphasises the importance of improving air quality by fostering the development of electric vehicles (EVs) and their associated charging infrastructure.
The LOM aspires to remove barriers to EV adoption through measures that increase charging station availability and ensure consistent interoperability across different networks (art. 67, amending art. L. 641-4-2 of the French Energy Code – code de l’énergie, art. L.334-5 Energy Code, art. L. 334-6 Energy Code). Moreover, the LOM underscores the importance of open-data initiatives, which facilitate user-friendly access to real-time information about charger locations, pricing, and station occupancy levels (art. 25, amending art. L. 1115-1 of the French Transport Code – code des transports).
Who do the regulations apply to?
The LOM applies to a wide range of stakeholders involved in the transportation ecosystem and aims to create a cohesive and integrated approach to modern mobility. Central among these are charging operators, installing or operating publicly accessible EV charging points, and who must comply with provisions ensuring interoperability, transparent data-sharing, and service continuity.
Additionally, property owners and co-ownership associations in residential or commercial buildings are impacted by stipulations related to the installation or pre-equipment of charging points in parking spaces, reflecting the growing need to provide reliable EV charging solutions in domestic and workplace environments.
Municipalities, regions, and other local authorities also play a pivotal role in planning, financing, and authorising the expansion of publicly accessible EV infrastructure (particularly on public roads, parking lots, and for large-scale projects) (art. 64; art. 68 amending art. L. 2224-37 of the French General Code for Local and Regional Authorities – code général des collectivités territoriales; art. 70 amending art. L. 5217-2 General Code for Local and Regional Authorities ).
Highway concessionaires and concession-granting bodies must integrate environmental considerations and EV charging deployment strategies in newly negotiated concession agreements (e.g., art. 160 amending art. L.122-4 of the French Highway Code – code de la voirie routière). Finally, the law engages energy providers and grid operators in a significant capacity, as they are tasked with ensuring an adequate power supply, standardised connections, and cost-sharing mechanisms that promote widespread EV charging adoption (e.g., art. 67; art. 68).
What are the requirements?
1. Public Charging Accessibility & Interoperability
Publicly accessible charging stations are required to maintain interoperability, ensuring that EV users can seamlessly charge their vehicles using various payment methods or network subscriptions. EV charging is classified as a service, not electricity resale, simplifying administrative hurdles for charging operators (art. 64, amending art. L 334-4 of the French Energy Code; art. 67 amending art. L 641-4-2 of the French Energy Code).
To promote transparency, operators must publish detailed information regarding station locations, charging capacities, real-time availability, and pricing structures under open-data principles, enabling users to make informed decisions about when and where to charge (art. 25).
Another requirement is data exchange between grid operators and charging operators, which must occur in compliance with privacy and security standards, while still enabling load management functionalities that can mitigate potential stress on the power grid (smart charging). (art. 67, amending Art L. 334-6 of the French Energy Code).
Finally, operators are obliged to comply with consumer protection regulations, including transparent billing practices and responsive customer support, to encourage consumer confidence. Operators must enable roaming (interoperable payment/access) and publish real-time station information (Arts. 25-27, amending French Transport Code, art. 64).
To further encourage expansion, up to 75% of grid-connection costs for public charging stations may be subsidised. Eligibility may depend on factors such as station accessibility and power capacity. (Art 64, amending L 341-2 of the French Energy Code).
2. Building Requirements & Multi-Unit Charging Rights
For infrastructure readiness, non-residential buildings with more than ten parking spaces must allocate at least 20% of spaces for EV charging (art. 64, amending L 111-3-3 to 111-3-7 of the French Code for Construction and Housing – Code de la construction et de l’habitation, now art. L. 113-12 of the French Code for Construction and Housing).
In addition, the law incentivises the installation of charging infrastructure in residential buildings: for instance, co-owners can no longer unreasonably refuse requests from residents wishing to set up personal charging stations, provided that specific guidelines on safety, cost-sharing, and contractual obligations are respected. (art. 64 and art. 69 amending L 111-3-3 to 111-3-8 of the French Code for Construction and Housing , now art. L. 113-11 to l. 113-17 of the French Code for Construction and Housing).
3. Highway Concessions & Mobility Integration
New concession contracts must outline EV charging plans, including costs. (art. 160, amending art. L. 122-4 of the French Highway Code).
Local authorities are encouraged to integrate EV infrastructure goals into mobility plans, ensuring strategic site selection for widespread coverage beyond urban centers. (art. 160, see also Loi 2021, art. 118). LOM also addresses the broader transport framework by requiring highway concessions to integrate EV charging provisions into new or renewed agreements, effectively expanding coverage beyond urban centers to include intercity routes.
Who enforces the regulations?
The Ministry for the Ecological Transition and Ministry of Transport, along with their subordinate bodies, can issue decrees to help interpret and implement the law’s requirements.
The Authority for Regulating Transports (Autorité de Régulation des Transports) supervises compliance with mobility data-sharing obligations, ensuring that operators publish the mandated information and maintain service interoperability (art. 25). Meanwhile, the French Energy Regulation Commission (Commission de régulation de l’énergie) monitors fair cost allocation for grid connections (art. 64), and ensures that charging operators are adhering to established standards (art. 67).
Local authorities, including municipal and regional councils, can enforce building-related mandates as well as coordinate and approve plans for public EV charging infrastructure within their jurisdictions. They may impose penalties, restrict building permits, or refuse concession agreements if operators or property owners fail to incorporate the charging provisions required under LOM (art. 68).
Building and housing authorities monitor compliance with rules for multi-occupant dwellings, adjudicating disputes that arise when co-ownership associations or landlords resist tenants’ legitimate requests for charger installation (art. 69 amending art. 24 of Loi n°65-557 du 10 juillet 1965).
Finally, consumer protection agencies, such as the Directorate-General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), have the authority to address instances of unfair pricing or misleading information by charging service providers (art. 25 amending art. L. 1115-5 and art. L. 1115-10 of the Transport Code).
The Climate and Resilience Law
What is the Climate and Resilience Law?
The Climate and Resilience Law (“CRL”) builds on earlier reforms introduced by the 2019 LOM, intensifying several requirements to ensure that the spread of zero-emission mobility keeps pace with France’s environmental commitments. Specifically, the legislation seeks to reduce greenhouse gas emissions by compelling both public and private stakeholders to adopt greener fleets and install additional charging points in strategic areas. This law accelerates reductions in carbon emissions and strengthens France’s resilience to climate change. It further expands requirements for EV charging in large car parks, multi-unit dwellings, fleet requirements, and local authority obligations in low-emission zones (art. 103 amending art. 73 of LOM; art. 119 amending art. L. 2213-4-1 General Code of Local Authorities).
Complementary measures also address the integration of EV charging infrastructure into urban planning, incentivising local authorities to create robust charging networks that support low-emission zones and reduce air pollution (art. 111 amending art. L. 353-12 Energy Code; art. 118 amending art. 64 of LOM). Beyond infrastructure, the law advances commitments to sustainable transport by promoting car-sharing (art. 115), restricting older polluting vehicles (art. 103; art. 119), and enhancing public awareness of low-carbon options. It also underlines the importance of social equity by ensuring that vulnerable households are neither disadvantaged nor marginalised during the transition toward cleaner mobility solutions (art. 106; art. 107).
Who do the regulations apply to?
Operators of large public car parks - such as shopping centers, stadiums, and transit hubs - must meet stricter targets for installing charging points, a move designed to raise consumer confidence and convenience by making EV chargers readily available in high-traffic locations (art. 118).
Owners and managers of multi-unit residential buildings are similarly targeted. Multi-Unit Residential Building Owners are required to install or pre-equip for collective EV charging facilities (art. 111, amending L 353-12 of the French Energy Code).
Commercial vehicle fleets, including government fleets and those operated by ride-hailing and delivery services, face heightened obligations to integrate zero- or low-emission vehicles over a set timetable (art. 112, art. 114, amending the French Environmental Code).
Municipalities, regions and other local authorities must integrate EV charging needs into local planning, especially in low-emission mobility zones (art. 119, amending L. 2213-4-1), and integrate expanded EV charging infrastructure requirements into their urban planning.
Finally, grid operators, and energy providers have a responsibility to collaborate in ensuring that electricity networks can accommodate the increased load from EV charging, thereby preventing supply disruptions and optimizing infrastructure investments (e.g, art. 83 amending art. L. 141-5-2 of the Energy Code; art. 85 amending art. L. 352-1-1 of the Energy Code; art. 89; art. 118 amending art. 64 LOM).
What are the requirements?
Large car parks, defined as those with more than twenty spaces, must install a minimum number of charging points within mandatory timelines, including at least one accessible for people with reduced mobility (art. 108, art. 118, amending the 2019 LOM). This extends to both publicly accessible facilities (like retail malls or stadiums) and private ones that provide parking for employees, ensuring comprehensive coverage across a variety of public and private spaces.
Additionally, for multi-unit residential buildings, homeowner associations must streamline the installation of centralized charging solutions, and simplify processes for individual residents who request the requisite electrical infrastructure for personal EV plug-ins. Grid-connection costs may be partly subsidised, with residents having the right to install individual chargers (Art 111, amending Art L. 353-12 and L.342-3-1 of the French Energy Code).
Ride-hailing and delivery platforms must report and progressively increase their shares of electric vehicles (art. 112, art. 113). Public fleets with more than 20 vehicles must progressively reach 70% low-emission vehicles depending on set deadlines.
Municipalities designated as Low-Emission Zones (ZFE-m) are instructed to incorporate robust EV infrastructure deployment strategies in their zoning plans. This includes identifying priority areas for chargers, budget allocations for supporting projects, and setting progressive targets for the percentage of public fleets converted to electric power. Authorities must develop localised charging plans to support EV uptake in areas with stricter emission rules (art. 119) This not only helps to distribute infrastructure more equitably but also mitigates the risk of creating “charging deserts.”
Who enforces the regulations?
The Ministry for the Ecological Transition and the Ministry of Transport, along with their subordinate bodies, can issue decrees to help interpret and implement the law (e.g., art. 274; 298; 299; 301).
Local authorities, in turn, play a frontline role in applying the law to municipal or regional contexts: they review and approve Low-Emission Zone (ZFE-m) (art. 119 amending art. L. 2213-4-1 of the General Code of Local Authorities) proposals, monitor the progress of public fleet conversion, and oversee the creation of new EV charging points in compliance with established technical and environmental standards (art. 111 amending art. L. 353-12 of the Energy Code; art. 119 amending art. L. 2213-4-1 of the General Code of Local Authorities).
Additionally, public infrastructure inspectors and building code enforcement bodies review building projects, verifying that provisions for collective EV charging are integrated into new or renovated housing complexes (art. 111). Non-compliance in such cases can lead to administrative fines, suspension of construction permits, or mandatory corrective measures (art. 173; 282; 286).
Consumer protection agencies like the Directorate-General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) can investigate allegations of price manipulation, poor service quality, or false advertising among charging operators.
Cybersecurity Regulations
What is the regulation?
The EU’s original Network and Information Security Directive (Directive (EU) 2016/1148, known as NIS) was the first EU-wide legislation aimed at improving cybersecurity by imposing obligations on critical service operators and major digital infrastructure providers. Its recent replacement, Directive (EU) 2022/2555 (NIS2), expands and strengthens these obligations to ensure that vital services are better protected, particularly given the increasing severity and frequency of cyber incidents.
French Cybersecurity Law n° 2018-133 of 26 February 2018 (“FCL 2018”) adapted the original NIS Directive into French national law. FCL 2018 aims to strengthen the security of information systems that support essential services or major digital infrastructures in France. It empowers the French National Cybersecurity Agency (ANSSI) to designate and regulate “operators of essential services” (OES) and “digital service providers” (DSP) by requiring them to adopt measures for risk identification, risk mitigation, continuous monitoring, and incident notification (art. 5 to art. 8 ; art. 10 to 14). FCL 2018 further requires designated “operators of essential services” and “digital service providers” to implement risk management, incident reporting, and security measures, with oversight by the French cybersecurity agency, ANSSI. ANSSI issues guidelines outlining recommended cybersecurity frameworks, which operators are strongly urged to follow, especially if they qualify as vital or critical service providers (art. 7-8; art. 13-14).
France has not yet enacted a national law implementing NIS2. Once that new legislation is enacted, it will supersede or amend FCL 2018 to align French national cybersecurity rules with the latest EU provisions. Stakeholders, including actors in the EV sector, should therefore watch for proposed bills or ordinances from the French government or announcements by the French National Cybersecurity Agency (ANSSI). The ISO 15118 standard, although not currently mandated by French and EU authorities under cybersecurity law such as FCL 2018, sets out protocols for safe communication between electric vehicles and charging infrastructure, covering aspects such as Plug & Charge and secure authentication. Although not discussed in detail here, additional technical standards for EVCS are defined by AFNOR (French Association for Standardisation) and European regulations (notably EN 61851 and EN 62196), ensuring interoperability, safety, and performance.
Who do the regulations apply to?
Within the electric vehicle (EV) space, charging operators and mobility operators can potentially fall under the French cybersecurity law, regardless of size, if they meet criteria appointing them as Operators of Essential Services (OES). For those operators in the EV charging supply chain who are not directly designated as OES by the French Prime Minister (art. 5) but who provide essential digital services under contract, or who meet specific size and service thresholds as a third-party supplier, they may be deemed “digital service providers” (DSP). In that scenario, more limited but still mandatory security and incident-reporting requirements under FCL 2018 would apply, with oversight from ANSSI. Charging operators, who own and operate physical charging terminals, must comply with data protection and system security standards set out in national and EU-level legislation. The NIS2 Directive, which has not yet been implemented in France explicitly places EV charging infrastructure operators as essential entities within the high criticality energy sector, making them subject to the full cybersecurity requirements of the directive:
"Operators of a recharging point that are responsible for the management and operation of a recharging point, which provides a recharging service to end users, including in the name and on behalf of a mobility service provider" Annex I, Section 1(a) (“Electricity”) of the Directive.
Mobility operators and software providers who develop digital platforms and applications enabling EV charging transactions and user authentication likewise face data security and cybersecurity obligations, particularly if they process sensitive information such as payment details or personal data subject to the General Data Protection Regulation (GDPR).
Building owners and property developers offering charging facilities on-site for residential or commercial use are also subject to cybersecurity rules, to the extent they implement smart charging or remote monitoring capabilities that involve user data. Likewise, local authorities may be subject to the regulations when overseeing publicly accessible charging stations, as municipalities often enter into contracts with private operators or consortia.
With respect to ISO 15118, if an operator is considered an “Operator of Essential Services” or a “Digital Service Provider” in the context of France’s NIS-framework legislation (FCL 2018), it must adopt suitable risk prevention and mitigation measures. This typically includes relying on recognised technical and organisational standards but currently stops short of imposing a rigid obligation to follow ISO 15118.
What are the requirements?
Once designated, charging operators must conduct risk assessments of their networks and information systems, take proportionate security measures (covering technical, operational, and organisational aspects), and adopt internal processes for preventing and mitigating cyber risks (art. 6).
Charging operators must deploy measures that limit unauthorised access to both operational technology (the systems controlling the charging equipment) and information technology (the systems managing billing, user authentication, and maintenance). Operators must also implement organisational practices that foster a cybersecurity culture within the company. This includes appointing qualified personnel to oversee information security and conducting regular risk assessments to detect and address vulnerabilities.
In alignment with the EU’s General Data Protection Regulation (GDPR), any personal information collected (such as user identification, payment details, or usage patterns) must be processed lawfully and stored securely. User consent and transparency remain key, with operators facing stricter obligations on data minimisation, anonymisation where appropriate, and documented retention schedules that outline how long data is stored before either being deleted or irreversibly rendered anonymous (art. 6 to art. 9; art. 12 to art. 15).
Further obligations relate to incident detection and reporting. Charging operators must notify ANSSI without undue delay of any incident having a significant impact on the availability, integrity, or confidentiality of their networks, so that appropriate response measures can be coordinated (art. 7). If ANSSI requires it, operators must allow audits of their security arrangements. Charging operators may be obliged to give detailed post-incident reviews describing how the threat was contained, what impact it had, and which remedial measures have been implemented to prevent recurrence (art. 7; 13). Penalties for non-compliance include administrative sanctions or fines, though the exact measures depend on the severity of the breach or the extent of non-compliance.
Who enforces the regulations?
Primary oversight for cybersecurity of digital infrastructures rests with ANSSI. ANSSI can conduct inspections or audits of designated operators and has the authority to recommend administrative sanctions where it deems measures are insufficient or where operators fail to comply with reporting rules.
The Commission Nationale de l’Informatique et des Libertés (CNIL) maintains oversight of personal data protection issues within EV charging systems. Should operators violate GDPR principles, the CNIL has the authority to issue enforcement notices, demand corrective measures, or impose significant financial penalties. The CNIL also has a “compliance club” dedicated to connected vehicle and mobility stakeholders since 2023.
Access and Interoperability Regulations
What is the regulation?
Regulation (EU) 2023/1804 on the deployment of alternative fuels infrastructure (“AFIR”) introduces or reinforces, specifically regarding coverage and capacity requirements (e.g. art. 3; art. 4), interoperability and standardisation (art. 21), transparent pricing and data sharing with users (e.g. art. 5.3; 19-20), and monitoring/reporting (e.g. art. 14-18). This Regulation repeals Directive 2014/94/EU and updates the framework for establishing and operating alternative fuels infrastructure across Member States.
The French Energy Code (Code de l’énergie) frames EV charging as a service, imposes obligations on property owners to facilitate infrastructure installation, and sets technical guidelines to make EV charging pervasive and easily accessible across France. The French Energy Code outlines national rules governing energy production, distribution, and consumption within France. The Energy Code promotes safety, reliability, and consistency across charging facilities. Critically, it protects a tenant or co-owner’s “right to plug,” limiting barriers to private EV charging in shared or rented buildings (e.g. art. L. 353-1 ff. Energy Code).
Together, AFIR and the French Energy Code seek to foster a robust, accessible charging network that accelerates the uptake of electric vehicles.
Who do the regulations apply to?
AFIR applies broadly to national authorities, who must establish and implement targets for charging stations, hydrogen refueling points, and other alternative fuel facilities. In practice, these requirements impact a range of stakeholders: local and regional governments, who coordinate land use and planning; public and private charging operators responsible for installing, maintaining, and operating alternative fuel infrastructure; and vehicle manufacturers, who must comply with the technical standards set forth under AFIR to ensure compatibility and interoperability across borders (e.g. art. 14-19 of AFIR Regulation).
The French Energy Code applies to energy producers and suppliers, who must meet specific licensing and operating obligations. The Code also covers grid operators, requiring them to maintain secure, efficient networks while facilitating the integration of renewable energy and alternative fuels. Additionally, businesses and individuals can be subject to provisions when installing, operating, or benefiting from energy infrastructure, including electric vehicle charging points. Furthermore, local authorities are bound to respect its guidelines when enacting regional energy policies or promoting clean mobility initiatives.
What are the requirements?
The AFIR regulation mandates interoperable systems, ensuring electric vehicles can be charged under uniform technical standards and common communication protocols. This reduces market fragmentation and allows drivers to access, authenticate, and pay for services seamlessly. Additionally, AFIR requires transparent pricing, with real-time data provision on charging availability, enabling users to make informed choices. Comprehensive monitoring and reporting obligations apply to Member States, compelling them to regularly assess deployment progress and adjust infrastructure planning to meet ambitious electrification objectives. AFIR imposes specific obligations covering four main areas:
1. Coverage and Capacity Requirements
AFIR establishes binding targets for deploying recharging and refueling stations along designated corridors of the Trans-European Transport Network (TEN-T). Member States must ensure stations at regular intervals and maintain minimum power capabilities suitable for both passenger cars and heavy-duty vehicles (art. 3.4).
2. Interoperability and Standardisation
Uniform technical standards must be adopted for connectors—such as the Combined Charging System (CCS) for electric vehicles—along with standardised communication protocols. This ensures different charging stations and back-end systems can operate seamlessly across various networks and with multiple service providers (art. 21).
3. Transparent Pricing and Data Sharing with Users
AFIR requires operators to present clear, readily accessible cost information (e.g., cost per kWh, session fee, or per-minute rate). They must also share real-time station status, availability, and pricing data through apps or third-party platforms. This transparency helps users locate and compare charging/refueling options more easily (art. 5; 7; 20.2; 20.4; 20.5).
4. Monitoring and Reporting
Member States must submit regular progress reports to the European Commission, detailing existing infrastructure deployment and projected future needs. Operators are additionally tasked with tracking and reporting usage data (including downtime) so that authorities can verify compliance with AFIR targets and match infrastructure capacity to evolving demand needs (art. 14; 15; 17; 18; 24).
The French Energy Code imposes obligations on property owners to facilitate infrastructure installation and sets technical guidelines to make EV charging pervasive and easily accessible across France.
1. Recharging Defined as a Service
Under Article L. 334-4, the French Energy Code classifies EV recharging as a “service” rather than an electricity supply activity. In practice, this means entities providing charging points are viewed as offering a convenience or commercial service to EV drivers, rather than directly selling electricity. Consequently, they are exempt from certain obligations that apply to licensed electricity suppliers or distributors. Instead, they must comply with consumer protection and interoperability requirements, ensure appropriate payment methods, and protect users’ data.
2. Building and Pre-Equipment Obligations
In line with broader legislation such as the LOM and CRL, the Energy Code requires certain new or substantially renovated residential and non-residential buildings to be fitted with pre-wiring or charging infrastructure to accommodate electric vehicles. This ensures that parking spaces can be more easily equipped for EV charging without a full electrical overhaul later (art. 64 amending art. L. 111-3-3 and art. L. 111-3-4 - now art. L. 113-11 ’ff. of the French Code for Construction and).
3. ‘Right to Plug’ for Tenants and Co-Owners
The French Energy Code includes the so-called “right to plug” (droit à la prise). Tenants or co-owners in multi-unit buildings may initiate the installation of a charging point at their own expense, provided they follow proper notification procedures. Building owners and co-ownership associations can only oppose this request for a “serious and legitimate reason.” (art. L. 353-1 ff Energy Code).
4. Minimum Technical Standards and Regulation
The Energy Code dovetails with decrees and technical rulings (e.g., Décret n° 2017-26) to define the specific technical, operational, and safety standards for charging points. These standards cover connector types, electrical load capacity, billing transparency, and other practical matters.
Who enforces the regulations?
The Ministry for the Ecological Transition and Territorial Cohesion (sometimes referred to under similar titles), along with its subordinate bodies, oversees compliance with national energy legislation. It can issue regulations, conduct administrative inspections, and coordinate with local authorities to ensure that EV charging installations and related standards follow the Code.
Local Authorities supervise the enforcement of national laws, including the French Energy Code at their level. Municipalities and regional bodies also play a role, particularly through urban planning rules, building permits, or other local measures affecting EV infrastructure.
Administrative Courts: Disputes (e.g., denial of a building permit or disagreements over tender procedures) may end up before the administrative courts, which have the authority to rule on whether decisions by public bodies comply with the French Energy Code and accompanying regulations.
Smart Charging Regulations
What is the regulation?
Smart charging automatically adjusts the charging power of an electric vehicle based on information exchanged between the charger and the charging station. It simplifies the management of peak electricity loads while making them more predictable. This allows users to better manage charging and energy consumption, while preventing overloads on the electrical grid through automatic adjustments.
French smart charging regulations for electric vehicles are a collection of rules and guidelines introduced in various laws such as the Loi d’Orientation des Mobilités (LOM, Loi n° 2019-1428 du 24 décembre 2019, Article 24)) and various decrees codified in the French Energy Code (Code de l’énergie, notably Book III).
Who do the regulations apply to?
Charging operators of public and semi-public charging stations, such as those owned by municipalities, private parking facility managers, and commercial property developers who provide charging points to customers, employees, or tenants. These entities are expected to ensure that their charging hardware complies with national standards pertaining to interoperability, connectivity, and responsive load management. e.g. art. 67 amending art. L. 641-4-1 and art. L. 641-4-2 Energy Code)
The regulations also apply to property developers and building owners: where significant renovations or new construction projects include parking spaces, there may be an obligation to equip such spaces with charging infrastructure that meets the criteria for smart charging (Décret n° 2019-771 du 23 juillet 2019, Article 1). This applies equally to residential, commercial, and mixed-use developments, although the specific requirements may vary depending on the size of the project and the number of parking spaces.
What are the requirements?
Charging stations must be “smart-ready.” This typically involves installing hardware and software capable of communicating with external energy management systems, often via standard protocols that allow interoperability with both national grid operators and third-party service providers (Energy Code, articles L.315-1 and L.315-2). Through these systems, charging speeds can be modulated in response to electricity tariffs, local grid capacity, or user-defined parameters, enabling load-shifting to off-peak periods or adapting real-time consumption to the availability of low-carbon energy sources.
Charging point operators may have to supply certain operational data to central registries or grid operators, supporting real-time supervisory capabilities and aiding in managing overall network stability (Energy Code, article L.341-4). Some municipalities or regional authorities also mandate display of relevant information, such as tariffs, charging status, and energy sources, to promote transparency and user engagement.
Furthermore, accessibility for diverse vehicle types and integration with a range of payment options, like contactless cards, smartphone apps, or subscription-based services, are frequently stipulated as part of ensuring open access to charging (e.g. art. 5; 19-20 of the AFIR Regulation).
Who enforces the regulations?
The Ministry for the Energy Transition (formerly the Ministry of Ecological Transition) oversees policy direction and issues relevant decrees and orders under the Energy Code (Energy Code, article L.100-1). It frequently collaborates with the Commission de Régulation de l’Énergie (CRE), the energy regulatory body that monitors compliance by market participants, including grid operators, suppliers, and larger charging network providers (article L.131-1. of the Energy Code).
In terms of cybersecurity and personal data, oversight is coordinated through ANSSI and the Commission Nationale de l’Informatique et des Libertés (CNIL), respectively, ensuring that communications interfaces and personal data handling meet stringent national standards (see ANSSI guidelines on cybersecurity for critical infrastructure; CNIL guidelines on GDPR compliance). Breaches of these regulations can result in fines, withdrawal of operating licences, or other penalties proportionate to the severity of non-compliance.
Considerations for Installing EVCS on Public Property
What is the regulation?
The code de la propriété des personnes publiques (General Code of Public Property) governs the preliminary selection procedure, which provides all guarantees of impartiality and transparency and includes publicity measures enabling potential candidates to come forward. This procedure is only required for the occupation or use of property belonging to the public domain of public entities.
The code general des collectivités territoriales (General Code for Local Authorities) gives local authorities (municipalities or public inter-municipal cooperation bodies in the event of a transfer of powers) the power to create and maintain the charging infrastructure necessary for the use of electric or rechargeable hybrid vehicles on public roads and their accessories.
Decree No. 2021-153 of February 12, 2021, supplemented by the order of February 15, 2021, introduces aid for investments in charging facilities for electric vehicles on major roads. Thus, a subsidy may be granted to companies that make an investment related to an electric vehicle charging activity at service areas located on public motorways and on the public national road network.
Who do the regulations apply to?
Each public entity has a set of assets belonging to the public domain. The legislation governing the selection procedure prior to the granting of a public property occupancy permit primarily applies to public entities that own the property in question. The legislation also applies to candidates wishing to use public property, as it subjects them to a preliminary selection procedure (article L. 2122-1-1 of the General Code of Public Property).
Legislation relating to the creation and maintenance of the charging infrastructure necessary for the use of electric or rechargeable hybrid vehicles applies mainly to municipalities or public inter-municipal cooperation establishments in the event of a transfer of powers. It also applies to the authority responsible for organising the public electricity distribution network and the public electricity distribution network operator, which must issue an opinion on the project to create charging infrastructure (article L. 2224-37 of the General Code for Local Authorities). Metropolitan areas, the Lyon metropolitan area, and urban communities are also responsible for creating and maintaining the charging infrastructure necessary for the use of electric or rechargeable hybrid vehicles (articles L. 3641-1, L. 5215-20, and L. 5217-2 of the General Code for Local Authorities).
The regulations on subsidies apply to companies making investments in electric vehicle charging services at service areas located on public motorways and on the public national road network (article 1 of Decree No. 2021-153 of February 12, 2021).
What are the requirements?
The construction of electric vehicle charging infrastructure on public land owned by public entities is subject to a prior competitive tendering by the contract holder. First, the operation must be carried out on an economic basis, i.e., “any activity consisting of offering goods or services on a given market” (article L. 410-1 of the Commercial Code). This is the case for the construction of such infrastructure. Secondly, it must involve the occupation or use of property belonging to the public domain of public entities. The provisions of article L. 2122-1-1 of the General Code of Public Property do not apply to the operation of property belonging to the private domain of public entities. This strict interpretation has also been confirmed by the courts in two decisions (CE, December 2, 2022, Société Paris tennis, No. 455033 and CE, December 2, 2022, Commune de Biarritz, No. 460100). Finally, when an operator spontaneously expresses an interest, the competent authority must, before granting the occupancy permit, give sufficient publicity to ensure that there are no competing expressions of interest.
Regarding the creation and maintenance of charging infrastructure necessary for the use of electric or rechargeable hybrid vehicles, municipalities or public inter-municipal cooperation establishments may only assume this role if there is no, insufficient or inadequate provision in their territory (article L. 2224-37 of the General Code for Local Authorities).
The first condition for receiving a subsidy is the completion of an investment relating to an electric vehicle charging service on service areas located on public motorways and on the public national road network. The company must therefore submit a grant application to the Services and Payments Agency, including a complete file (Article 1 of the order of February 15, 2021). The investor must not have started the project before the date of receipt of the application by the Services and Payments Agency (Article 1 of the decree of February 12, 2021). The operator must demonstrate that it has been selected through an open and transparent procedure or that the investments it is making are being carried out by a company selected through an open and transparent procedure (article 2 of the Decree of February 12, 2021). There is also a time limit: aid could only be requested until June 30, 2022 (article 6 of the Decree).
Who enforces the regulations?
The procedure for selecting candidates for occupancy or use of public property shall be carried out by the public entity that owns the property in question (L. 2122-1-1 of the Code of Public Property).
Similarly, local authorities wishing to build and maintain electric vehicle charging infrastructure may do so themselves or delegate the operation to private operators (L. 2224-37 of the General Code for Local Authorities).
The Agence de services et de paiement (Services and Payment Agency) is responsible for processing grant applications. It may ask the applicant to complete their application if the file is incomplete or certain documents are not in order (article 1 of the decree of February 15, 2021). It is also responsible for notifying the decision to award the subsidy or reject the application, stating the reasons (articles 2 and 4 of the decree of February 15, 2021). It will also pay the subsidy if it is awarded (article 4 of the decree of February 15, 2021).
