Energy & Enviroment /

AFIR’s New Rules

The entry into force of AFIR (Alternative Fuels Infrastructure Regulation) – Regulation (EU) 2023/1804 of the European Parliament and the Council on the development of alternative fuels infrastructure, is a historic moment that could revolutionize the entire e-mobility sector in the European Union.

AFIR is considered one of the most important regulatory tools that will significantly accelerate the development of publicly available charging infrastructure in EU member states in the coming years. Consequently, this will affect the growth rate of the entire zero-emission transportation sector.

AFIR is a key regulatory tool expected to rapidly accelerate public charging infrastructure in the EU, driving the growth of the zero-emission transportation sector.

Raising the Bar: AFIR’s Ambitious Targets for EU Nations

The AFIR regulation imposes a number of ambitious, directly binding obligations on all EU countries. One of the most important is the need to align the total capacity of charging stations with the number of registered electric cars.

In Poland, this means having to increase infrastructure capacity by almost half in less than two years. This is a huge challenge that requires full mobilization of all key stakeholders, careful planning and investment.


Poland’s E-Mobility Dilemma: The Charging Infrastructure Shortfall

As of the end of 2023, there was only one charging point for every ten fully electric cars in Poland. This infrastructure shortage is becoming more acute, especially in the context of the growing popularity of electric vehicles and new regulations.

The need for rapid and efficient electrification of parking lots is becoming clear, which is crucial for the future development of electromobility.

AFIR mandates charging zones with at least 400 kW capacity every 60 km along the TEN-T core network, increasing to 600 kW by 2027.

What Are the Key Objectives and Challenges of AFIR?

One of the most important requirements of the AFIR is the need to install charging zones with a capacity of at least 400 kW along the TEN-T core network every 60 km, with the capacity of these stations to increase to 600 kW by 2027. In addition, the new regulations require operators to allow ad hoc payments, which will simplify the use of charging infrastructure for EV users.

The regulation also sets ambitious targets in the area of heavy-duty electric vehicle (eHDV) infrastructure. By the end of 2027, charging zones of at least 2,800 kW each are to be established along half of Poland’s TEN-T network. Currently, Poland has only one location dedicated to eHDV, which shows the scale of the challenges facing our country.


How to Plan Efficiently for Parking Electrification?

Effective planning of charging infrastructure is key, especially for non-residential buildings. Investors should consider planning for target charging infrastructure as early as the construction or remodeling stage of a building. This course of action can significantly reduce costs and make facilities more attractive to potential tenants.

Modern developments are increasingly using dynamic power management systems, which allow the installation of chargers with a nominal capacity in excess of the building’s standard connection capacity. This approach, popular in Scandinavian countries, the UK or Germany, allows for more flexible and efficient energy management.

By the end of 2024, non-residential buildings with over 20 parking spaces must install at least one charging point, as per the Act on Electromobility and Alternative Fuels.

Poland’s E-Mobility Rules: What You Need to Know

At the national level, regulations under the Act on Electromobility and Alternative Fuels require owners and managers of non-residential buildings with more than 20 parking spaces to install at least one charging point by the end of 2024.

For new buildings or upgrades to existing buildings, the requirement increases to one charging point for every 10 parking spaces. However, this obligation does not extend to buildings owned by small or medium-sized enterprises.


From Theory to Practice: Implementing EU’s E-Mobility Regulations

As of April 2024, it is already mandatory for all European Union countries to provide ad hoc charging facilities at publicly accessible charging points. This means that EV users can use these points without registering with an operator, and payment is possible by card or QR code.

Amendments to the EU EPBD are also in the pipeline, which could introduce even more investment in eMobility infrastructure. New non-residential buildings with more than 5 parking spaces will have to have at least one charging point installed for every 5 parking spaces, as well as adequate wiring for at least 50% of parking spaces.


AFIR’s Impact: How Will the Industry and Government Adapt?

Achieving the goals set by AFIR requires close cooperation between the public and private sectors. The state administration must support initiatives related to the development of charging infrastructure, while industry should invest in cutting-edge technologies and solutions that will make these ambitious plans possible.

It will also be crucial to simplify the procedures involved in connecting charging stations to the power grid, which is currently a significant barrier to infrastructure development. The AFIR regulation is not only a challenge, but also an opportunity for the development of electromobility in Poland and the entire European Union.

Achieving these ambitious goals will contribute to the transformation of the transport sector, making it greener and more sustainable. For Poland, being a key transit country in the EU, the development of charging and electric heavy vehicle infrastructure is becoming not only a necessity, but also a strategic priority for the coming years. 

FAQ on AFIR and Related Regulations

FAQ on AFIR and Related Regulations

How does AFIR influence the energy performance of buildings in the EU?

AFIR directly impacts the energy performance of buildings by setting requirements for the installation of EV charging infrastructure, which is crucial for sustainable mobility. This aligns with the broader goals of improving energy efficiency and reducing reliance on fossil fuels within the EU’s existing and new buildings.

What are the payment requirements for EV charging under AFIR?

AFIR requires that all publicly accessible EV charging points offer ad hoc payment options, including card payments and QR codes. This ensures that EV users can access charging infrastructure without prior registration, facilitating easier use of charging points across the EU.

What challenges does Poland face in meeting AFIR’s infrastructure requirements?

Poland faces significant challenges in meeting AFIR’s requirements, particularly in increasing the capacity of charging stations. With a current infrastructure shortfall, Poland must rapidly expand its charging capacity to align with the growing number of registered electric vehicles and meet the EU’s ambitious targets.

How does AFIR affect the planning of new building projects?

AFIR impacts the planning of new buildings by emphasizing the need for early consideration of charging infrastructure. Developers are encouraged to integrate these facilities during the construction or remodeling stages, which can reduce future costs and ensure compliance with EU regulations on sustainable mobility and energy efficiency.

How do the provisions of AFIR relate to the broader goals of building renovation and energy performance in EU member states?

AFIR’s provisions are closely linked to the broader goals of building renovation and energy performance improvement in EU member states. By mandating the installation of EV charging infrastructure, AFIR supports the national building renovation plans and the push towards zero emission buildings.

These measures align with the energy performance of buildings directive, which emphasizes deep renovation and the use of renewable energy systems in existing buildings. Compliance with these regulations is crucial for achieving energy efficiency targets and reducing the dependence on fossil fuels across the EU.

For more detailed information on how AFIR impacts your building projects or for guidance on complying with these regulations, contact our legal experts today.

Author team leader DKP Legal Anna Cichoń
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