Assumed approval for public electric mobility charging points of electricity distribution system operators will no longer apply in 2024

According to the transitional provision pursuant to Art. 118 (34) EnWG (German Energy Industry Act), charging points developed, managed or operated by operators of electricity distribution systems before July 27, 2021 are deemed to be approved. This assumed approval expires on December 31, 2023 and leads to the system operator’s obligation to legally unbundle the charging system operation.

The unbundling deadline was extended to December 31, 2024 as part of the adoption of the Act on the Adaptation of Energy Industry Law to EU Requirements and the Amendment of Other Energy Law Provisions in Art. 118 (34) EnWG only for vertically integrated companies with less than 100,000 customers directly or indirectly connected to their electricity distribution system.

According to the explanatory memorandum, the implementation for operators of electricity distribution systems covered by the de minimis exemption pursuant to Art. 7 (2) sentence 1 EnWG is technically more complex than for distribution system operators that are already unbundled under company law.

Operators of electricity distribution systems should use the time “gained” in the coming year to optimally implement the transfer of their charging points (or their development, management and operation) to another legal entity that is not a distribution system operator. If, for example, unbundling is part of a larger restructuring under the Transformation Act, there is a shortened implementation period until August 31, 2024 if you want to avoid the preparation of interim financial statements.