Regulatory landscape for electric mobility

Key strategies, acts, and statutory instruments

European level National level

Directorate-General for Climate Action Federal Government Federal Government
Strategies

Strategies
EU 2030 climate & energy framework Paris Agreement Climate Action Plan 2050 The Federal Government’s Electric Mobility Programme

Directorate-General for Mobility & Transport European Commission Federal Government Federal Government, BMDV

White Paper on transport The European Green Deal Climate Action Programme 2030 Charging infrastructure master plan

Directorate-General for Mobility & Transport DG for Internal Market, Industry, Entrepreneurship and SMEs BMUV BMWK BMWK BMDV

AFI Directive – 2014/94/EU Regulation on the approval of motor vehicles Batteries Act (BattG) Energy Industry Act Charging Station Ordinance German Road Traffic Re-
– 2018/858/EU (EnWG) (LSV) gulations (StVO)
Directorate-General for Climate Action Directorate-General for Environment BMUV BMWK BMWK BMDV
Regulations/Directives

Regulation on fleet-wide CO2 performance Air Quality Directive – 2008/50/EG Federal Immission Control Renewable Energy Sources Metering Point Operation German Road Vehicles Registration
standards – 2019/631/EU Act (BlmSchG) Act (EEG) Act (MsbG) and Licensing Regulations (StVZO)

Directorate-General for Energy & Transport Directorate-General for Mobility & Transport BMUV BMUV BMWK BMF

Renewable Energy Directive – 2009/28/EG Clean Vehicles Directive – 2019/1161/EU Compulsory marking of charging Compensating the biofuels quota Measures and Verification Electricity Duty Act
Renewable Energy Directive II – 2018/2001/EU points in accordance with the 10th with power for electric vehicles Act (MessEG) (StromStG)

Laws/regulations
Ordinance Implementing the Federal within the framework of the 38th
Directorate-General for Energy Directorate-General for Energy & Transport Immission Control Act (10th BImSchV) BImSchV BMWK BMF

Directive on the energy performance of Driving Licence Ordinance – 2006/126/EG BMUV, BMDV BMDV Low-Voltage Connection Ordinance Implementing the
buildings – 2018/844/EU Ordinance (NAV) Electricity Duty Act (StromStV)
Car Sharing Act (CsgG) Driver Licensing
Regulations (FeV) BMDV BMJ

BMF BMF Road Traffic Act (StVG) German Civil Code/rent law

Income Tax Act (EStG) Motor Vehicle Tax Act BMDV BMJ
(KraftStG)
Local authority level BMWK
Fast Charging Act Apartment Ownership Act
BMDV, BMUV (SchnellLG) (WEG)
Electric Mobility Act Price Indication Ordinance BMWK BMWK
(EmoG) (PAngV)
Zoning plans & urban development contracts Local transport plan Ordinance on Energy Con- Electric Mobility Infra-
sumption Labelling for Pas- structure in Buildings Act
Statutes/plans

senger Cars (Pkw-EnVKV) (GEIG)

Green City master plan Parking statutes

Federal state level

Regulations on permits and fees for special
Climate change strategies use of public roads

Laws/regulations
Federal State Regional Local public transport
Parking regulations Climate change legislation Development Plans legislation
Air quality action plans Traffic development plan

University and vocational Federal state building Mobility legislation Roads legislation
school regulations regulations

Content:
BMDV: Federal Ministry for Digital and Transport BMJ: Federal Ministry of Justice
As at: September 2022 Legend: Energy sector Parking Vehicle Charging infrastructure Responsibilities BMWK: Federal Ministry for Economic Affairs and Climate Action BMUV: Federal Ministry for the Environment, Nature Conservation,
BMF: Federal Ministry of Finance Nuclear Safety and Consumer Protection
 Quy định về giao thông điện
Key strategies, acts, and statutory instruments

European level National level

Directorate-General
Climate Action Plan 2050 Federal Government The Federal Government’s Electric Mobility Programme Federal Government
EU 2030 climate & energy framework for Climate Action Paris Agreement
In its Communication of 22 January 2014, the European Commission set out a policy framework for climate and On 12 December 2015, the European Union and the Federal Republic of Germany, within the framework of the By adopting the Climate Action Plan 2050 at the end of 2016, the Federal Government presented the long-term strategy addressing climate change, In May 2011, the Federal Government presented its Electric Mobility Programme. It includes the strategy for the development of electric mobility and
energy in the period from 2020-2030. The Communication states that by 2030, greenhouse gas emissions across Paris Agreement, undertook to limit global warming to 2 degrees Celsius as compared with pre-industrial levels. which was required in the Paris Agreement. By 2030, the transport sector is to reduce emissions by 40-42 percent compared with 1990 levels. This the Federal Government’s objectives in this area. The objective was to make Germany a lead market for and a leading provider of electric mobility
sectors are to be reduced by 40%, compared with 1990 levels. Electric mobility is one of the measures necessary The Agreement was transposed with the Act on the Paris Agreement (Federal Law Gazette, 2016 II, pp. 1082). The will require a high market penetration of electric mobility in road transport. by 2020.

Strategies
Strategies

to achieve this. targets included in the Agreement necessitate the electrification of transport sector.

Directorate-General for European

White Paper on transport Mobility & Transport The European Green Deal Commission Federal Government,
Climate Action Programme 2030 Federal Government Charging infrastructure master plan BMDV
In 2011, the European Commission presented its White Paper on transport, the 'Roadmap to a Single European With its European Green Deal, the EU has set itself the objective of making Europe the world’s first climate-neutral
Transport Area'. The European Commission’s objective is to work towards a competitive and resource-efficient continent by 2050. In the transport sector, air pollutant emission limits are to be tightened for vehicles with internal With its Climate Action Programme 2030, the Federal Government seeks to drive the transition to electric mobility. This is to be achieved by promo- The charging infrastructure master plan contains a comprehensive package of measures for the promotion and deployment of charging infra-
transport system. In the White Paper, the European Commission outlines numerous measures, some of which combustion engines and alternative fuels are to be supported by paving the way towards zero emission mobility ting the purchase of electric vehicles as well as deploying public or private charging infrastructure. Moreover, one million public charging points are structure in Germany. Support for private charging stations as well as amendments of rent and the Apartment Ownership Act derive from the
pertain to electric mobility, its promotion and implementation. and in particular by significantly expanding the charging post infrastructure to meet the objectives of the Europe- to be installed by 2030. master plan.
an Green Deal.

Directorate-General for Directorate-General for Internal Market, BMUV

AFI Directive – 2014/94/EU Mobility & Transport Regulation on the approval of motor vehicles Industry, Entrepreneurship and SMEs Batteries Act (BattG) Renewable Energy Sources Act (EEG) BMWK German Road Vehicles Registration and BMDV Metering Point Operation Act (MsbG) BMWK

Licensing Regulations (StVZO)

The Directive of 22 October 2014 contains provisions on the deployment of alternative fuels infrastructure (AFI). It
– 2018/858/EU The requirements of the European Batteries Directive are transposed The Act is to promote the development of technologies for power The Act governs in particular installation and operation of smart
with the Batteries Act. The objective is to ensure that waste batteries generation from renewable sources and achieve cost reductions. The The Road Vehicles Registration and Licensing Regulations contain meters and how measured values are to be communicated within the
contains technical specifications as well as operational requirements, for example concerning payment proces- are disposed of in an environmentally friendly way. The Batteries Act
The Regulation contains the relevant technical requirements for the issuance of type approvals for motor share of the power supply generated from renewable sources is to be the relevant technical requirements for individual vehicle approvals energy sector. It contains sector-specific data protection rules for the
ses. In addition, a National Policy Framework for the commercialization of alternative fuels is to be developed in contains requirements to be met by electric-vehicle batteries. increased. by local approval authorities, particularly design and operating rules. energy sector including electric mobility.
vehicles. It replaced Framework Directive 2007/46/EC, which was applicable until 1 September 2020.
accordance with the Directive. The Directive was transposed into German law with the Charging Station Ordinan- They further include the obligation to carry out regular technical
ce, which contain binding provisions on publicly accessible charging infrastructure. After several amendments in BMUV inspection of motor vehicles (main inspection).
Federal Immission Control Act Energy Industry Act (EnWG) BMWK
2018 and an evaluation in 2021, the Directive is to be updated comprehensively.
(BlmSchG) The Act defines the framework conditions for a safe, reasonably
Electricity Duty Act (StromStG) BMF Measures and Verification Act (MessEG) BMWK
priced, consumer-friendly and environmentally sustainable supply of
The purpose of the Act is to protect humans, animals, plants , soil,
Directorate-General Directorate-General power and gas. In addition, the Act governs electricity and gas supply The Act governs the taxation of electricity as well as reductions of The Act contains requirements for the commercial supply of consu-
Regulation on fleet-wide CO2 performance standards – 2019/631/EU for Climate Action Air Quality Directive – 2008/50/EG for Environment
water, atmosphere as well as cultural and other assets against harmful
networks to guarantee effective and undistorted competition. The Act taxes or tax relief if certain conditions are met. This also comprises mer goods. It also comprises the commercial supply of power –
environmental impacts. This includes emissions from transport. The
defines, among other things, operators of charging points as end electricity used by electric vehicles. including power for electric vehicles.
Regulations/Directives

The new EU Regulation setting CO2 emission performance standards for new passenger cars and light commer- The European Air Quality Directive established concrete limit values for pollutants, which must not be exceeded. Act contains the obligation to reduce transport emissions by means of
Regulations/Directives

cial vehicles has been in force since 1 January 2020 and replaced previous provisions. From 1 January 2021 until consumers, thus ensuring that the downstream relationship with the
In the case of exceedance, the Directive further regulates that air quality action plans with remedial measures air quality action plans when limit values are exceeded within a munici-
2035, the Regulation establishes the currently applicable fleet-wide CO2 emission standards, which have to be vehicle user is not subject to strict regulation.
must be prepared. The Directive was transposed in Germany with the Federal Immission Control Act. The plans pality. One measure is the use of electric mobility. BMF BMWK
Ordinance Implementing the Electricity Electric Mobility Infrastructure in
reduced gradually until 2035, as well as penalties for excess emissions. This makes increasing electrification of often include measures for the promotion of electric mobility.
drivetrains necessary and more attractive.
Duty Act (StromStV) Buildings Act (GEIG)
This Ordinance fleshes out and implements legal provisions of the The Act advances the development of charging and cable infrastruc-
Compulsory marking of charging
BMUV Charging Station Ordinance (LSV) BMWK
Directorate-General for Generaldirektion Electricity Duty Act. The Ordinance facilitates the paying of taxes on ture in the buildings sector. It lays down requirements for the future
Renewable Energy Directive – 2009/28/EG Energy &Transport Clean Vehicles Directive – 2019/1161/EU Mobilität & Verkehr points in accordance with the 10th BImSchV electricity purchased for electric vehicles.
The provisions of EU Directive 2014/94/EU are transposed with the charging and cable infrastructure to be installed when new buildings
Renewable Energy Directive II – 2018/2001/EU In accordance with the with the 10th Ordinance Implementing the Charging Station Ordinance. It establishes binding requirements for are built or residential or non-residential buildings undergo major
The objective of the Directive is to promote the procurement of low- and zero-emission road vehicles in public
Federal Immission Control Act, charging points must be marked with the deployment and operation of publicly accessible charging renovation.
procurement tenders. Besides purchasing vehicles, it now includes also options such as leasing, rent or
The Renewable Energy Directive 2009/28/EC provides, among other things, for a 10 percent share of gross final information on the connection established, the performance of the infrastructure. This concerns in particular consumer needs and user
hire-purchase. Procurement entities are to take into account energy efficiency and environmental impact when
energy consumption of the transport sector to be met by energy from renewable sources by 2020. According to charging point as well as further information for consumers. friendliness, for example, by introducing a standard payment system.
procuring new road vehicles. The Directive was transposed into national law in the German national procurement Price Indication Ordinance (PAngV) BMWK German Civil Code/rent law BMJ
the whereas clauses of the Directive, the promotion of electric mobility is an important instrument serving this

Laws/regulations
regulations.
purpose. The Renewable Energy Directive ceased to be in force on 1 July 2021. It is followed by Directive The objective of the Ordinance is to guarantee the ‘price reflects cost’ Sections 535 ff of the German Civil Code contain civil law rules for lease
2018/2001/EU (Renewable Energy Directive II), which was to be transposed into national law on 30 June 2021 and principle by providing correct and complete use information. It also agreements. In accordance with these provisions, lessees can gene-
BMUV Driver Licensing Regulations (FeV) BMDV
which stipulates that Member States oblige fuel suppliers to ensure that the share of renewable energy within Compensating the biofuels quota aims to strengthen the position of consumers vis-à-vis the trade and rally only make structural changes to the leased property with the
the final consumption of energy in the transport sector is at least 14% by 2030. with power for electric vehicles within the 38th BImSchV industry, while at the same time improving overall competition by approval of the lessor. In the future, however, the installation of
The Driver Licensing Regulations contain all relevant provisions for the
operation of motor vehicles under driver licensing legislation. A trans- means of optimum price comparison opportunities. Section 3 of the charging infrastructure in leased property will be facilitated: In accor-
Directorate-General for
In accordance with the framework of the 38th BImSchV, in the future,
Directorate-General position of European legislation, these Regulations define driving Price Indication Ordinance (§ 3 PAngV) also applies to power for dance with Section 554 of the German Civil Code, lessees generally
Directive on the energy performance of buildings – 2018/844/EU for Energy Driver Licensing Ordinance – 2006/126/EG Energy &Transport electric power taken from the network to be used for road vehicles with
licence categories and contain special provisions for the operation of charging electric vehicles. In accordance with the Ordinance, the have the statutory right that the lessor shall allow structural changes
electric drivetrains can be counted towards the greenhouse gas quota,
The Directive is to reduce the amount of energy needed to meet the energy demand associated with typical use The European Driver Licensing Ordinance lays down driving licence categories, among other things, as well as specific electric vehicles in road haulage, which have a higher weight correct, comprehensible and transparent indication of power for to the leased property that serve the purpose of charging electric
in particular towards the share of biofuels, to achieve compliance.
of that building. Moreover, the buildings sector is to decarbonise the transport sector through the amendment of issues of qualification and driving theory tests. In accordance with the Ordinance, drivers are allowed to operate due to alternative drivetrains - such as battery powered vehicles. charging is in kilowatt hours (kWh). vehicles.
national construction regulations thereby facilitating the construction of necessary infrastructure for smart motor vehicles of up to 4.25 tonnes with a driver licence for passenger cars, if certain conditions are met. The
charging of electric vehicles at residential and non-residential buildings. The Directive was transposed into Directive was transposed in Germany into the German Driver Licensing Regulations. BMUV, BMWK BMJ
Car Sharing Act (CsgG) BMDV Road Traffic Act (StVG) BMDV Ordinance on Energy Consumption Apartment Ownership Act (WEG)
national law with the entry into force of the Electric Mobility Infrastructure in Buildings Act (GEIG).
Labelling for Passenger Cars (Pkw-EnVKV)
The Car Sharing Act stipulates the granting of privileges to shared use The Road Traffic Act contains the legal conditions for road transport in The Apartment Ownership Act contains the legal requirements for
vehicles to promote their use in order to reduce impacts of private Germany. It forms the basis for ordinances governing road transport. Based on the Ordinance on Energy Consumption Labelling for Passen- organising commonhold associations and taking decisions in these
motorized transport that are harmful to the climate and the environ- Since the Electric Mobility Act was adopted, it has been possible to ger Cars, the fuel economy label for new passenger cars provides bodies. The Apartment Ownership Modernization Act, which recently
ment. It contains provisions governing car sharing with electric take measures to grant privileges to electric vehicles in road transport. information on the carbon efficiency of vehicles. Electric vehicles entered into force, will facilitate the installation of electric vehicle
vehicles. receive good results on the carbon efficiency scale and raising aware- charging infrastructure in owner-occupied dwellings in the future.
ness of these results is expected to boost sales of electric vehicles. Owners have the statutory right to change common property and
BMF BMF install charging infrastructure.
Income Tax Act (EStG) Motor Vehicle Tax Act (KraftStG)
The Act governs the levying of income tax on earned income. It This Act governs the tax to be paid for motor vehicles. It contains tax
Fast Charging Act (SchnellLG) BMDV Low-Voltage Connection Ordinance BMWK
Local authority level contains privileges and tax relief for granted benefits-in-kind when
electric vehicles and charging infrastructure are used.
relief for electric vehicles from the motor vehicle tax.
The Fast Charging Act provides the statutory basis for the Federation
(NAV)
to initiate the Europe-wide call for tenders for a network of a total of The Ordinance governs the general conditions for grid connection in
Zoning plans and urban development contracts Local transport plan 1,000 high-power charging points throughout Germany. This ensures the low-voltage range. Network operators are required to connect end
BMDV,
Electric Mobility Act (EmoG) BMUV German Road Traffic Regulations (StVO) BMDV that an essential contribution is made towards achieving a reliable consumers to the low-voltage network. Network operators are to be
The local authority fleshes out its urban development and planning within the framework of zoning plans (general- On the basis of federal states’ local public transport acts, municipalities or municipal planning associations adopt and user-friendly charging infrastructure network, which is consis- informed about charging equipment for electric vehicles before the
ly binding statutes) and urban development contracts (individual contracts). These documents contain different local transport plans, which shape local public transport in the relevant region. These plans contain projects and The Act stipulates the granting of privileges for using electric vehicles The Regulations contain mandatory requirements for road transport. tent with demand and provides universal coverage, in particular for equipment is put into service. If the sum of the rated capacity is above
provisions stipulating the type and scope of structural use for specific areas, which can also contain electric measures for the electrification of public transport. on roads to promote their use in order to reduce impacts of private The implementation of the legislative proposal for the Electric Mobili- medium- and long-distance transport in Germany. 12 kilovolt-amperes per electrical installation, the installation is subject
mobility requirements, in particular concerning the erection of charging infrastructure. motorized transport that are harmful to the climate and the environ- ty Act also created scope for granting privileges to electric vehicles. to approval by the operator (reservation).
ment. The Act includes a definition of vehicles eligible under the provi-
sions.
Green City master plan Parking statutes
At the ‘National Diesel Forum’ the decision was made that the Federal Government will support municipalities In parking statutes, which are based on the relevant federal state building regulations, municipalities can set out
with high levels of nitrogen dioxide pollution in shaping sustainable and zero-emission mobility. To this end, 64 binding requirements for construction projects concerning the establishment of parking spaces, for example the
Green City Plans for air quality management have been prepared, which received funding as part of the granting of privileges to “electrified parking spaces”.
Statutes/plans

Federal state level

‘2017-2020 Immediate Action Programme for Clean Air’. One of the key measures of the master plans is the electri-
fication of transport.

Climate change strategies Regulations on permits and fees for special use of public roads Parking regulations Climate change legislation Federal State Regional Development Plans Local public transport legislation
Since the Federal Government’s 2008 National Climate Initiative, funding has been provided to municipal energy Within the scope of regulations on permits and fees for special use of public roads, municipalities can control and On the basis of the state building regulations, all federal states have set Some federal states have adopted their own climate change mitigation Federal State Regional Development Plans or Federal State Regional Local public transport acts of the federal states set out how states
and climate protection strategies. These strategies identify specific measures of the municipalities for meeting standardise the granting of permits for special use of roads at municipal level. The operation of charging out rules concerning the construction and operation of parking spaces. acts to set their own climate change targets for their federal state. Development Programmes govern regional planning at the federal state comply with their public service obligation to provide sufficient local
climate change mitigation targets. The strategies are part of municipal environmental protection and pertain to infrastructure in the public road environment constitutes a special use and requires permission. These rules and regulations also often include rules for electric mobility, These acts also contain requirements for the promotion of electric level. The plans sometimes also include rules for the promotion of public transport services to citizens. Some of these acts also contain

Laws/regulations
electric and sustainable mobility. in particular for the electrification of parking spaces and the mandatory mobility to advance climate change targets in the transport sector. electric mobility and the associated infrastructure. requirements for promoting the electrification of local public transport.
installation of charging infrastructure.

Air quality action plans Traffic development plan

Based on Section 47 of the Federal Immission Control Act – and implementing European Directives – an air quality In urban transport planning, the traffic development plan provides an overall concept for a 10-20-year planning
action plan provides a proposal for specific measures towards improving the quality of air in a local community. period. The traffic development plan lays down objectives and strategies for developing and deploying road University and vocational school regulations Federal state building regulations Mobility legislation Roads legislation
These measures include restrictions of rail and road transport, for example bans on diesel vehicles or require- infrastructure and also contains requirements for electric mobility. The federal states’ roads and highways acts contain public property
University and vocational school regulations of the federal states Federal state building regulations contain regulatory requirements for The first mobility act, the Berlin Mobility Act, was adopted on 28 June
ments for the promotion of zero-emission vehicles, in particular electric vehicles. 2018. It contains measures for an environmentally, socially and climate law for areas dedicated to public transport. The operation of charging
govern the curriculum content of the individual state-owned universi- building and using structural works. Charging posts are structural
ties and vocational schools. Many federal states have already establis- works, however, the erection of charging posts usually does not require friendly mobility. The Act lays down requirements for the electrification infrastructure in the public road environment constitutes a special use
hed relevant educational programmes to train specialist workers for approval. Nevertheless, it is necessary to comply with the provisions of of local public transport and can provide the basis for further promoting of these areas. As a result, it is necessary to obtain permission for
electric mobility. the building regulations. electric mobility. special use.

Content:
BMDV: Federal Ministry for Digital and Transport BMJ: Federal Ministry of Justice
As at: September 2022 Legend: Energy sector Parking Vehicle Charging infrastructure Responsibilities BMWK: Federal Ministry for Economic Affairs and Climate Action BMUV: Federal Ministry for the Environment, Nature Conservation,
BMF: Federal Ministry of Finance Nuclear Safety and Consumer Protection