Electromobility in logistics – legal challenges

In order to reduce its CO2 emissions, the logistics industry is increasingly turning to electromobility. This is not only due to ESG regulations such as reporting obligations; customers and clients are also demanding sustainable transport routes and green logistics. For logistics companies, this means that they need electric vehicles and a robust charging infrastructure that is available everywhere.

Electromobility requires sufficient charging options

One of the biggest challenges in decarbonizing freight transport fleets is ensuring a comprehensive network of charging options. Logistics companies need charging facilities for all trucks in the fleet at their locations on the one hand and charging stations along the routes on the other, i.e. particularly on the highways and logistics hubs in Germany. They can either use publicly accessible charging points or their own charging infrastructure, which can be installed on company premises. Companies have an influence on the development of a non-public charging station network by controlling their investments. The expansion of publicly accessible charging points for trucks, on the other hand, is the responsibility of the energy suppliers.

Different legal requirements for public and non-public charging stations

The distinction between public and non-public charging stations is made on the basis of their user group. Public charging stations can be accessed by anyone and used to charge electricity. Non-public charging stations, on the other hand, are only available to a limited group of users. Different legal requirements apply to the use of private and public charging stations.

• Non-public charging stations: These charging stations are located in a closed area to which only a certain, definable group of people have access. They are often located in a fenced-off operating area with access control. The operation of such a charging station is generally subject to less stringent regulatory and technical requirements. The regulations on technical safety only apply in conjunction with Section 49 (1) EnWG and Section 30 MsbG, and the requirements of measurement and calibration law are not relevant.

• Public charging stations: Such charging stations must comply with technical requirements such as the possibility of “ad-hoc charging”. In addition, there are reporting and notification obligations to the Federal Network Agency in accordance with Section 5 LSV. The measuring equipment must comply with the requirements of the measuring law and the legal metrology requirements in accordance with §§ 1 No. MessEG, 1 Para. 1 No. 6 MessEV must be complied with. It must also be possible to pay by card.

Classification of the charging infrastructure as a customer installation or regulated network

If a company wants to set up charging infrastructure on its own property, it should consider the current BGH case law on customer installations. This is because the key question when operating the electricity distribution infrastructure at a site is whether it is an unregulated customer installation or a regulated network. If the grid is subject to regulation, the operator is subject to further regulatory obligations, which also have an impact on the annual financial statements. The BGH narrowed the boundaries of the definition of a customer facility after the ECJ ruled that the previous German regulation was no longer compatible with EU law. For logistics companies, it follows from this case law that the planning of the installation of charging points on the sites should also be accompanied by a regulatory review of the electricity distribution infrastructure.

The in-house operation of charging stations in logistics offers advantages

When expanding the charging infrastructure at their own locations, companies have various design options. The choice of the right option depends, among other things, on whether only the company’s own fleet is to be charged with electricity or whether electricity is also to be sold to affiliated companies or third parties at the charging station. Based on this assessment and in conjunction with the question of public accessibility of the charging station, the regulatory requirements for operation follow.

The logistics company should also ask itself whether it wants to operate the charging stations itself or commission a service provider to do so.

• Own operation: Own operation offers financial advantages, as the company itself retains control over the electricity costs for charging the trucks. At the same time, further advantages in terms of refueling costs can be generated through group-wide purchasing of electricity or in-house production. The sale of electricity at the charging stations to affiliated companies or third parties takes place in accordance with general civil law regulations, without the need to observe any further regulatory requirements.

• Service provider: The advantage of working with a service provider is that the energy industry expertise does not have to be built up in-house, but can be purchased. However, a further distinction can be made here as to whether the service provider is only active in certain areas, such as processing payments or measuring the quantities of electricity sold, or whether it itself acts as the operator of the system externally.

Individual examination and assessment required

The challenge of decarbonizing logistics companies lies not only in replacing the fleet, but above all in the charging infrastructure. Operating charging stations themselves offers independence and financial advantages. However, it is not always clear which legal requirements must be met in individual cases. This should be carefully checked before setting up the charging infrastructure. The respective location of a charging station should be assessed individually as to whether it fulfills the characteristics of a customer installation or those of a network. In this way, the associated regulations can be complied with and errors avoided.