Alternative Fuels Infrastructure Regulation

Introduction

The Alternative Fuels Infrastructure Regulation (AFIR), Regulation (EU) 2023/1804, is a cornerstone of the European Union's 'Fit for 55' package, which aims to reduce the EU's net greenhouse gas emissions by at least 55% by 2030. AFIR establishes a common framework of binding targets for the deployment of publicly accessible alternative fuels infrastructure across the EU. It repeals and replaces the previous Alternative Fuels Infrastructure Directive (2014/94/EU), shifting from national policy recommendations to mandatory, measurable targets for Member States to ensure a dense and reliable network for road vehicles, vessels, and stationary aircraft.

This regulation is directly linked to other key EU Green Deal legislation, such as the regulations setting CO2 emission standards for cars and vans, as the availability of recharging and refuelling infrastructure is critical to enabling the market transition to zero- and low-emission vehicles.

Main Goal

The primary goal of AFIR is to accelerate the decarbonisation of the transport sector by ensuring that citizens and businesses can travel and transport goods across the EU using alternative-fuel vehicles with ease and confidence. It aims to eliminate 'range anxiety' for electric vehicle users and support the uptake of hydrogen-powered transport by mandating the rollout of a sufficient, interoperable, and user-friendly network of recharging and refuelling stations.

Who It Applies To

AFIR imposes obligations on several key actors:

• EU Member States: They are the primary addressees, responsible for ensuring the mandatory national targets for infrastructure deployment are met within their territory.
• Operators of Recharging and Refuelling Points: These businesses must comply with rules on payment systems, price transparency, operational data provision, and technical specifications.
• Mobility Service Providers (MSPs): They must ensure transparent and non-discriminatory pricing for end-users, especially concerning e-roaming.
• Port and Airport Authorities: They are responsible for ensuring the installation of shore-side electricity for ships and power for stationary aircraft.

Key Dates

AFIR sets a series of staggered deadlines for Member States and operators:

• April 13, 2024: The Regulation becomes applicable.
• December 31, 2024: Member States must submit draft national policy frameworks.
• December 31, 2025: First wave of targets for EV charging infrastructure on the TEN-T core network and for heavy-duty vehicles in urban nodes.
• January 1, 2027: All high-power recharging points (≥50 kW), including those built before April 2024, must offer payment card or contactless payment options.
• December 31, 2027: Intermediate targets for EV charging infrastructure for both light- and heavy-duty vehicles.
• December 31, 2029: Targets for providing shore-side electricity in maritime ports and electricity to stationary aircraft at remote stands must be met.
• December 31, 2030: Comprehensive targets for hydrogen refuelling stations along the TEN-T core network and for heavy-duty EV charging infrastructure across the entire TEN-T network must be achieved.
• December 31, 2035: Upgraded power output targets for light-duty EV charging pools on the TEN-T comprehensive network.

Exemptions

The regulation includes specific derogations and exemptions to ensure proportionality:

• Low-Traffic Roads: Member States may apply for derogations from the distance-based targets on roads with very low traffic volumes where the socio-economic cost is not justified.
• Islands and Outermost Regions: Exemptions from shore-side electricity requirements may apply to ports in these regions if they are not connected to the mainland electricity grid.
• Airports: Airports with fewer than 10,000 commercial flight movements per year may be exempt from providing electricity at all remote stands.

Key Provisions

• Fleet-Based Targets: For light-duty EVs, Member States must ensure a total power output from public chargers (e.g., 1.3 kW per registered battery EV) that grows with the size of their national EV fleet.
• Distance-Based Targets: Along the trans-European transport network (TEN-T), fast-charging pools for cars, vans, and trucks, as well as hydrogen refuelling stations, must be deployed at regular intervals (e.g., every 60 km for cars).
• Maritime and Aviation: Mandates for shore-side electricity in major maritime and inland ports to reduce emissions from berthed ships, and for electricity supply to stationary aircraft at major airports.
• User-Friendliness: Strong focus on consumer experience, mandating ad hoc payment options, transparent pricing, and accessible data.

Obligations & Requirements

• For Member States:
  • Achieve the binding national targets for infrastructure deployment by the specified deadlines.
  • Develop and submit comprehensive National Policy Frameworks outlining their strategy.
  • Report progress to the European Commission regularly.
• For Infrastructure Operators:
  • Payment: All new chargers must allow ad hoc payment without a subscription. High-power chargers (≥50 kW) must accept payment cards or contactless devices.
  • Price Transparency: Prices must be reasonable, transparent, and non-discriminatory. For chargers ≥50 kW, the ad hoc price must be displayed per kWh.
  • Data Availability: Operators must make static (e.g., location, power) and dynamic (e.g., availability, price) data available for free through national access points and APIs.
  • Smart Charging: All new recharging points must be digitally connected and capable of smart charging to support grid stability.

Affected Products and Actors

• Products: Electric and hydrogen-powered vehicles (cars, vans, trucks, buses), seagoing ships, inland waterway vessels, and aircraft.
• Infrastructure: Publicly accessible recharging stations (AC and DC), hydrogen refuelling stations, shore-side electricity installations, and ground power units for aircraft.
• Actors: National governments, transport authorities, energy utilities, infrastructure operators, mobility service providers, payment service providers, port and airport managing bodies, and vehicle manufacturers.

Penalties

AFIR does not specify direct financial penalties for private companies. The enforcement mechanism is primarily directed at Member States. If a Member State fails to meet its mandatory targets or correctly implement the regulation, the European Commission can launch infringement procedures under the Treaty on the Functioning of the European Union (TFEU), which can ultimately lead to financial sanctions imposed by the Court of Justice of the EU.