Spain

Regulatory framework

Spain's regulatory framework for EV charging infrastructure has undergone substantial updates to facilitate the decarbonisation of the transportation sector and to achieve the energy transition objectives set for the period between 2030 and 2025. Key regulatory advancements include:

• Regulation of the provision of EV charging services for electric vehicles (“EV”): Definition of the roles and responsibilities of the different agents involved in the provision of EV charging services, through approval of Royal Decree 184/2022.
• Measures to enable the deployment of EV charging infrastructure: Requirements for certain buildings and state highway concessionaires to install EV charging infrastructure, as established by Royal Decree Law (“RDL”) 29/2021.
• Simplifying the permitting process of EV charging infrastructure: Streamlined administrative procedures to reduce barriers and expedite the installation of EV charging infrastructure, through the approval of RDL 29/2021.
• Approval of tax benefits: Incentives to encourage the purchase of EV and the installation of EV charging infrastructure, including a 15% deduction on personal income tax, up to a maximum of €20,000.
• Introducing local tax rebates (“bonificaciones potestativas”): Local authorities are empowered to approve tax rebates for homologated EV charging infrastructure, as established by RDL 29/2021.
• Calls for subsidies (“Moves Plan”): Financial support for the purchase of EV and allocation of financial resources granted under the Next Generation EU fund by means of the Recovery, Transformation and Resilience Plan.

Who do the regulations apply to?

The regulations apply to a broad range of stakeholders involved in the deployment and operation of EV charging infrastructure. This includes:

• State highway concessionaires, who must install EV charging infrastructure proportional to their sales volume.
• Fuel suppliers, who are obligated to install EV charging infrastructure as per Order TED/1009/2022 .
• Companies involved in the provision of EV charging service: the charging point operator (i.e., the owner of the EV charging infrastructure) and the e-mobility service provider (i.e., any company rendering e-mobility services to users) which must comply with the legal framework established by Royal Decree 184/2022.
• Individuals and businesses benefitting from financial incentives for installing EV charging infrastructure and purchasing EV.
• Red Electrica de España (“REE”), the Spanish transmission system operator, and the distributor electrical companies which are involved in the permitting process and shall cooperate to facilitate of the development of EV charging infrastructures.
• Public authorities involved in the permitting process for the commissioning and development of EV charging infrastructure.

What are the requirements?

The development and commissioning of EV charging infrastructure and the commissioning of EV charging services are subject to certain regulatory requirements:

• Permitting Process: The construction, installation, or operation of EV charging infrastructure exceeding 3,000 kW requires administrative authorisation as outlined in Article 53 of the Electricity Sector Act . This includes prior administrative authorisation, an environmental impact statement, construction administrative authorisation, and operating authorisation. Additionally, EV charging infrastructure over 3,000 kW are considered public utility for expropriation purposes. However, only the filing of a responsible declaration is required for the commissioning of EV charging infrastructure below 3,000 kW.
• Technical Standards: Compliance with specific technical regulations, such as the Complementary Technical Instruction (CTI) BT 52 of the Low Voltage Electrical Regulation , which outlines infrastructure requirements for the recharging of electric vehicles.
• Qualification: The installation of EV charging infrastructure must be conducted by qualified technicians.
• Companies involved in the provision of EV charging services: The EV charging infrastructure operators and the e-mobility service providers shall comply with certain obligations in order to ensure the efficiency, transparency and quality of EV charging services. In a nutshell, these obligations include maintaining accurate records, providing clear information to consumers and ensuring the reliability and accessibility of EV charging infrastructure.
• Reporting obligations: Charging service operators and e-mobility service providers must report updated details about certain EV charging infrastructure to the Ministry for Ecological Transition and Demographic Challenges (“MITECO”). This includes information on the location, characteristics, availability, and prices of their charging points.
• Distribution Companies: Distribution electrical companies must collaborate fairly and without discrimination with the operator in the deployment of EV charging infrastructure. This includes providing relevant information about the access capacity of the distribution grid to support the power needs of the planned charging station.
• Minimum level of EV charging infrastructure: Non-residential buildings with parking areas of more than 20 spaces, as well as existing parking lots not associated with buildings of this size, must have a minimum level of EV charging infrastructure: in general terms, one EV charging infrastructure per 40 parking spaces, and one EV charging infrastructure per 20 parking spaces for public administration buildings

Who enforces the regulations?

The enforcement of the Spanish regulatory framework for EV charging infrastructure is carried out by various governmental bodies and agencies:

• MITECO plays a central role in overseeing the implementation and compliance with the regulations.
• REE which is involved in the development and integration of smart energy systems to support EV charging infrastructure.
• Local authorities and autonomous communities are involved in the permitting process and also have responsibilities in enforcing the regulations and ensuring compliance at a regional and local level.