Netherlands
Contents
- Environmental permits - Permit for operating an EV charging station near a national public road - Local traffic decisions - Obtaining approval from the local grid operator - Safety & information sharing - Accessibility - Prohibition on inviting repayable funds - PSD2 - licensing obligation
Environmental permits
What is the regulation?
The Dutch Environmental and Planning Act (Omgevingswet, “Omw”) as well as the Building Decree (Besluit bouwwerken leefomgeving, “Bbl”) may require a construction permit for EV charging stations.
The operation of EV charging stations is generally not subject to an environmental permit based on the Omw and the Environmental Activities Decree (Besluit activiteiten leefomgeving, “Bal”). Exceptions arise when the station includes high-voltage transformer units or use systems with environmental risks. The Bal also points out that when there is an energy storage system connected to the charging infrastructure, additional safety requirements (i.e. PGS 37-1) must be considered and included within the environmental permit.
Both the construction and the activity concerned (i.e. the (semi-)public electrical charging of vehicles) must be compatible with the local applicable zoning plan. In case the activity and/or the construction are incompatible with the zoning plan, an exemption permit must be obtained.
Who do the regulations apply to?
The developer, owner or operator of an EV charging station.
What are the requirements?
EV charging stations may require a construction permit. Even though under the Bbl most standalone public EV charging points are exempt from a construction permit, other larger charging structures or buildings, such as high-capacity fast chargers, charging hubs for trucks, solar panels or transformer units, may require a construction permit. The same applies to when an EV station is part of a building, particularly one exceeding the height of 5 meters. Whether or not a construction permit is required depends on the nature of the integration. Whether a construction permit is required must be determined on a case-by-case basis.
An environmental permit will be required for public EV charging stations when the use of energy exceeds certain thresholds, namely the annual consumption exceeds 50,000 kWh of electricity.
A zoning plan exemption permit or a permit for allowing activities contravening the environmental plan, must be compatible with the ‘principles of good environmental and spatial planning’.
Who enforces the regulations?
The local authority, i.e. the ‘Municipal Executive’ (college van burgemeester en wethouders), which enforcement and supervisory powers are often mandated to the local environmental service (omgevingsdienst).
Permit for operating an EV charging station near a national public road
What is the regulation?
In contrast to EV charging stations located at local roads, EV charging stations located alongside a motorway at a service area are considered a ‘road bound facility’ (weggebonden voorziening).
Therefore, putting EV charging stations next to a motorway is subject to a ‘permit for allowing restricted activities near a motorway’ (vergunning beperkingengebiedsactiviteiten bij een rijksweg), under the Environmental and Planning Act and the Environmental Activities Decree.
Who do the regulations apply to?
The developer, owner or operator of an EV charging station at a service area near a public motorway.
What are the requirements?
This obligation applies to both the charging and related parking activities at a service area next to a motorway. The aim of this permit is to ensure traffic safety at and around motorways.
We note that the Dutch government is considering auctioning permits for placing EV charging stations next to motorways, which is not yet possible under the current regulatory framework. This proposal is pending.
Who enforces the regulations?
The Dutch Minister of Infrastructure and Water Management, which has mandated certain powers to the ‘Directorate-General for Public Works and Water Management’ (Rijkswaterstaat).
Local traffic decisions
What is the regulation?
The parking facilities necessary for operating EV charging stations are subject to a traffic decision (verkeersbesluit). In addition, the placing of traffic signs to ensure that only electric vehicles are allowed to park (and charge) is also subject to a traffic decision.
Who do the regulations apply to?
The owner or operator of an EV charging station near local public roads.
What are the requirements?
EV charging stations that are publicly available are considered to fall under the definition of a ‘road that is open for the public’ following the Road Traffic Act 1994 (Wegenverkeerswet 1994, Wvw). Charging will only be possible if parking at this intended location is also allowed. If this is not the case, a traffic decision must be obtained to allow parking, and subsequently electric charging, at the specific location. The applicant must show that charging EV’s is compatible with traffic safety requirements.
To legally ensure that only electric vehicles are allowed to park at the EV charging stations, a traffic decision must be obtained for placing a white traffic sign stating ‘charging of electric vehicles only’.
Who enforces the regulations?
The local authority, i.e. the Municipal Executive (college van burgemeester en wethouders), which enforcement and supervisory powers are often mandated to the local environmental service (omgevingsdienst).
Obtaining approval from the local grid operator
What is the regulation?
While not strictly a legal requirement, the realisation of EV charging stations is subject to the approval of the local grid operator. In the case of semi-public EV charging stations on private property (which are publicly accessible for third parties), the operator must verify if its grid connection has sufficient capacity to support the intended electric charging. This can be a challenge given the number of areas where the Dutch great has reached its capacity (grid congestion).
Who do the regulations apply to?
The owner or operator of the EV charging station.
What are the requirements?
In the Netherlands, grid operators have developed their own certification requirement (Aansluitspecificaties v3.0) for EV charging stations to ensure their safe connection to the grid. The certification is performed by ElaadNL (a Dutch expertise center on EV charging stations based on a joint initiative from grid operators) pursuant to the ‘Aansluitspecificaties laadobjecten 3x25A – 3x80A’.
If there is not enough capacity, the owner of the property must file a request to increase its transport capacity of its grid connection at the grid operator pursuant to the Dutch Electricity Act 1998 or, after 1 July 2025, the Dutch Energy Act (Energiewet). The waiting lines for acquiring or increasing transport capacity are significant.
Safety & information sharing
What is the regulation?
The EU Alternative Fuels Infrastructure Regulation 2013/1804 (“AFIR”) establishes mandatory national targets leading to the deployment of sufficient alternative fuels infrastructure in the Union for road vehicles, trains, vessels and stationary aircraft. It lays down common technical specifications and requirements on user information, data provision and payment requirements for alternative fuels infrastructure. EV charging stations must comply with safety regulations relating to the prevention of damage, fire, and leakage (per the AFIR and market standards).
The AFIR also requires charge point operators (“CPOs”) of publicly accessible EV charging points must ensure the availability of static data and dynamic data concerning alternative fuels infrastructure operated by them, or services inherently linked to such infrastructure that they provide or they outsource, at no cost.
Who do the regulations apply to?
The owner or operator of the EV charging station (which includes CPOs).
What are the requirements?
EV charging stations must be equipped with interoperable socket outlets or type 2 vehicle connectors as described in standard EN 62196-2:2017. These stations should also have an emergency button, a visible display of emergency services contact information, and adequate lighting or other suitable measures. Furthermore, all EV charging stations must comply with the requirements of the NEN 1010 standard, i.e. the standard for safe electrical installations.
EV charging stations in a car park in all building types must be type 3 or 4 as described in standard EN 62196-2:2017. Fire safety in car parks must be ensured by a central system to shut down charging points in case of emergency.
The AFIR addresses safety and security issues by suggesting the following recommendations, which are the basis for market standards:
- Installing emergency buttons;
- Providing a clear display of emergency services contact information;
- Providing adequate lighting; or
- Taking other appropriate measures.
The AFIR requires CPOs to make static and dynamic data available by sharing it with the National Access Point ITS (Nationaal toegangspunt ITS) to facilitate the market:
- Static data concerns the location of the EV stations, the used electric current, opening times, accepted payment methods, the charging speed, and the plug type.
- Dynamic information concerns the actual occupancy rate and the actual ad hoc electricity price or data to calculate the price for electric charging.
Who enforces the regulations?
The local authority, i.e. the Municipal Executive (college van burgemeester en wethouders), which enforcement and supervisory powers are often mandated to the local environmental service.
Accessibility
What is the regulation?
The European Accessibility Act Directive 2019/882 (“EAAD”) aims to make various products and services accessible to persons with disabilities or other limitations. It also applies to services related to EV charging.
On 15 April 2024, the Netherlands transposed the EEAD into national law by the EAAD Implementing Act (Implementatiewet toegankelijkheidsvoorschriften producten en diensten, “Implementing Act”). The Implementing Act amends various existing acts and regulations concerning both products and services.
Who do the regulations apply to?
The owner or operator of the EV charging station.
What are the requirements?
Regarding the Dutch implementation, we note that due to phased and fragmented implementation of the EEAD some of the rules (including the rules for services) have not been published or still need to be adopted. In the legislative process, it has been indicated that these implementing rules are being set to be applied to products placed on the market, and services provided, after 28 June 2025, with some transitional exceptions.
The main obligations of the EEAD concerning EV charging stations entail that:
- there is sufficient space around the parking place.
- the EV station is not installed on an enclosed surface.
- the buttons or screen of the EV station are at an appropriate height.
- the recharging and refuelling cables are light enough for persons with limited strength to handle easily; and
- the user interface of the related charging station can be used by persons with a disability.
Finally, it must be noted that some municipalities have adopted local guidance to improve accessibility for wheelchair users. For instance, the municipal of The Hague recommends that the plug entrance and height should be reachable from a wheelchair, and all charging stations should be positioned to prevent charging cables across the pavement.
Who enforces the regulations?
Depending on specific topic, various national authorities are being tasked with monitoring and ensuring enforcement of the Implementing Act.
The local authority, i.e. the Municipal Executive (college van burgemeester en wethouders), which enforcement and supervisory powers are often mandated to the local environmental service.
The Minister of Infrastructure and Water Management and the ‘Human Environment and Transport Inspectorate’ (Inspectie Leefomgeving en Transport, ILT).
Prohibition on inviting repayable funds
What is the regulation?
Under Dutch law it is prohibited to invite repayable funds (section 3:5 Dutch Financial Supervision Act). ‘Repayable funds’ are defined as funds that must be repaid at a certain point in time, for any reason whatsoever, and of which it is clear in advance what nominal amount must be repaid (e.g., loans and bonds). This prohibition is relevant for charge point operators or other entities in the money flow that receive funds for onward payment.
Who do the regulations apply to?
The explanatory memorandum specifically excludes certain categories from the definition for ‘onward payment’ (doorbetaling) to a third party. However, funds that are received for onward payment do qualify as repayable funds if the connection between the specific transaction or instruction no longer exists. There are also statutory exceptions and exemptions to the prohibition to attract, receive and dispose repayable funds.
What are the requirements?
The prohibition of section 3:5 Dutch Financial Supervision Act is only applicable when it concerns repayable funds from ‘the public’. There is no formal legal definition of ‘the public’ available and therefore the definition laid down in the original implementation is used in this context. This definition states that repayable funds are only attracted from the public, in case the legal persons from whom the repayable funds are attracted are (i) parties other than professional market parties (within the meaning of the WFT, e.g. qualified investors or where the total amount of repayable funds attracted from a party exceeds € 100,000) or (ii) parties outside the restricted circle of the intermediary (e.g. group companies of the intermediary).
Who enforces the regulations?
The DNB enforces the prohibition to invite repayable funds. The DNB can:
- Impose a penalty with a maximum of € 5 million; and
- Impose an order subject to a penalty (last onder dwangsom).
Violation of the prohibition to invite repayable funds is also a criminal offence, which can lead to imprisonment and/or a fine.
PSD2 - licensing obligation
What is the regulation?
Based on the European Payment Services Directive (Directive (EU) 2015/2366, “PSD2”) it is prohibited to pursue the business of a payment service provider without having obtained a licence unless a statutory exception or exemption applies. The relevant provisions have been implemented in the Dutch Financial Supervision Act. The licensing obligation is, inter alia, relevant for charge point operators or other entities that play a role in the money flow.
Who do the regulations apply to?
A ‘payment service provider’ is the one who makes his business of providing payment services. ‘Payment services’ are listed in the annex to PSD2. In so far as relevant for this analysis, payment services include, inter alia, the execution of payment transactions, payment initiation services, issuing and acquiring of payment instruments and money remittance.
What are the requirements?
If an entity makes his business of providing payment services a license is required. There is no clear definition of when payment services are provided in the pursuit of a business, but the Dutch regulator has issued guidance on this topic.
There are exceptions to the obligation to obtain a license for technical service providers and for payment instruments for a very limited range of goods. These exceptions are, for instance, relevant for entities that only provide the payment interface and for entities that issue cards/vouchers that can (only) be used at EV charging stations. There is also an exemption for small payment service providers.
Who enforces the regulations?
The DNB enforces the licensing obligation. The DNB can:
- Impose a penalty with a maximum of € 5 million; and
- Impose an order subject to a penalty (last onder dwangsom).
