Legal Regulation of the Construction and Operation of Electric Vehicle Charging Infrastructure in the Russian Federation and Foreign Countries

At the moment, the use of electric vehicles (EV) is not stable both on a global scale and within a single state. Nevertheless, the electric vehicle industry, as a key technology to decarbonize road transport, is somehow becoming an integral part of the transport and energy complex. However, the full-fledged development of this industry faces a number of issues that can directly affect the state of demand and promote the interests and rights of end consumers. One of these issues is the construction and operation of the electric vehicle charging infrastructure. This is due not only to special technological standards for the construction, operation and decommissioning of such energy facilities, but also to the allocation of additional capacities in the energy system of inhabited areas and highways. Besides, the Russian legal and regulatory framework regulating public relations in the electric vehicles and their charging infrastructure is at the nascent stage, therefore, it is relevant to study and compare the current legal regulation of electric vehicle charging infrastructure in the Russian Federation and foreign countries. This article examines the legal experience of regulating public relations related to electric vehicle charging infrastructure, Germany and Italy (as member states of the European Union), as well as Great Britain and China. Each of the above states offers an independent scheme of legal regulation of one or another aspect of activities related to electric vehicles and their charging infrastructure. The research performed allows us to study foreign experience in order to update the current Russian laws and form a model of legal regulation.

Keywords

energy law, energy law of foreign countries, electric vehicle, electric vehicle charging infrastructure, construction and operation of electric vehicle charging infrastructure

Received

20.02.2023

Publication date

31.03.2023

Number of characters

25085

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GOST	Kologermanskaya E. Legal Regulation of the Construction and Operation of Electric Vehicle Charging Infrastructure in the Russian Federation and Foreign Countries // Energy law forum – 2023. – Issue 1 C. 24-32 [Electronic resource]. URL: https://mlcjournal.ru/S231243500025245-7-1 (circulation date: 07.05.2024). DOI: 10.18254/S231243500025219-8
MLA	Kologermanskaya, Ekaterina M. "Legal Regulation of the Construction and Operation of Electric Vehicle Charging Infrastructure in the Russian Federation and Foreign Countries." Energy law forum 1 (2023):24-32. DOI: 10.18254/S231243500025219-8
APA	Kologermanskaya E. (2023). Legal Regulation of the Construction and Operation of Electric Vehicle Charging Infrastructure in the Russian Federation and Foreign Countries. Energy law forum (1), pp.24-32 DOI: 10.18254/S231243500025219-8

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1	Introduction
2	In recent years, there has been a significant upswing in the electric vehicle market, which can completely transform the automotive industry and related industries, including energy industry. Thus, according to the statistics of the International Energy Agency, about 6.75 million EVs were sold in the world in 2021, which is by 120% more than in 2020. [1]
3	Of course, EVs are a key technology for decarbonizing road transport (it accounts for about 16% of global emissions). Meanwhile, it should be noted that the EV manufacturing and operation sphere, as well as their components and chargers, is a complex area of industry, characterized by engineering, energy, technical and other difficulties.
4	Despite technological difficulties, this technological area is recognized as one of the most profitable investment areas, for example, the world’s leading automakers plan to invest about $515 billion by 2030 [2] in EVs and batteries to achieve increasingly stringent decarbonization goals set in certain states.
5	At the same time, if there is a sufficiently promising forecast of further development of the electric vehicle industry, a number of issues that can affect the level of demand and meet the needs of the end user, remain unresolved.
6	One of such issues (along with the study of the qualitative characteristics of batteries, including the transition to hydrogen technologies) is the construction and operation of the infrastructure of electric car chargers. This is due not only to special technological standards for the construction, operation and decommissioning of such energy facilities, but also to the allocation of additional capacities in the energy system of inhabited areas.
7	Additionally, it should be taken into account that the regulatory framework governing public relations in electric vehicle industry, as well as their charging infrastructure, is at the nascent stage.
8	In this regard, it will be relevant to conduct a comparative legal study of Russian laws and the legal experience of foreign countries regarding the regulation of the construction and operation of electric vehicle charging infrastructure.
9	I.The Russian Federation
10	According to statistics from Autostat Analytic Agency, 2,998 new EVs were purchased in Russia in 2022. This figure is 33% more than in 2021, and is a record for the entire period of the existence of the domestic car market. [3] Despite the significant growth of the EV fleet in the Russian Federation, the patterns and main trends of its functioning have not yet developed, which makes it difficult to predict development and management.
11	This circumstance may be due to the fragmentation of governmental and legal regulation, especially in terms of determining the legal features of the electric vehicle charging infrastructure.
12	According to the Concept for the Development of Electric Vehicles Manufacture in the Russian Federation for the period up to 2030, approved by the Government of the Russian Federation, a balanced scenario for the development of the EV charging stations infrastructure by 2030 will require the presence of 144 thousand charging stations (ports).
13	At the same time, the framework document defines measures to promote the charging infrastructure, it is noted that the state policy of regulating the charging infrastructure should be more flexible and include, in addition to directly financing projects for the creation of charging stations, a number of incentive measures for private businesses.
14	Additionally, the Guidelines for Promoting the Use of Electric Vehicles and Hybrid Vehicles in Constituent Entities of the Russian Federation approved by Order of the Ministry of Transport of Russia No. АК-131-р dated May 25, 2022, as one of the key factors in increasing demand for electric vehicles, the development of parking space and charging infrastructure, including amendments to urban planning regulations, transport infrastructure, the creation of arrangements for obtaining and taking into account the proposals of owners of electric vehicles for the placement of private charging stations, etc., is emphasized.
15	In accordance with the provisions of Federal Law No. 466-ФЗ dated December 5, 2022, on the Federal Budget for 2023 and 2024–2025 Planning Period, RUB 2,406,720.00 are allocated for the implementation of measures to develop electric vehicle charging infrastructure (inter-budget transfers) in 2023.
16	Order of the Ministry of Industry and Trade of the Russian Federation No. 1776 dated April 29, 2022, on Approval of the Specifications of the Equipment of a Stationary Public Charging Station that Provides the Possibility of Fast Charging of Electric Vehicles establishes the technological requirements of such energy facilities, namely:
17	(1)Connected power of the charging station shall be at least 149 kW;
18	(2)The minimum configuration of the charging station shall include:
19	a) At least three DC connectors of EVs, where the established characteristics of GB/T and CCS2 plugs are mandatory;

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