Electric vehicle regulation and law in Germany

Germany, Europe’s largest automobile market and world leader in vehicle exports, has immense potential for e-mobile development. Although the sales and manufacturing market for EVs is still second to traditional combustion engines, e-mobility is one of the most widely discussed topics within the mobility debate and has been at the core of a number of official programmes. Ambitious climate goals and mounting confusion regarding the pollutant emissions of diesel engines have recently add-ed momentum to the debate. 1 For a detailed introduction to EV specific laws see Leutner, Gerd: “Die Förderung der Elektromobilität in Deutschland – Eine Bestandsaufnahme”, in: Recht/Automobil/Wirtschaft (RAW) March 2017, pages 31-37

1. What EVs have been deployed in Germany to date?

As of January 2017, EVs represented a small but increasing proportion of vehicles registered in Germany. Out of a total of 45,804,000 registered passenger cars, 34,022 were electric cars. 2 Kfba Bestand an Pkw am 1. Januar 2017 nach ausgewählten Kraftstoffarten,
https://www.kba.de/DE/Statistik/Fahrzeuge/Bestand/Umwelt/b_umwelt_z.html?nn=663524
 Renault led the EV sales market with close to 8,000 vehicles followed by Smart, Volkswagen and Tesla with approximately 4,500 cars each. 3 Statista: Bestand der Personenkraftwagen mit Elektroantrieb in Deutschland nach Marken (Stand: 1. Januar 2017)  Around 25,000 more electric passenger cars were registered during 2017, along with 6,595 electric trucks and 168 electric buses. 4 Bestand an Lastkraftwagen am 1.1.2017 gegenüber 1.1.2016 nach Nutzlast und Kraftstoffarten. In: kba.de. Kraftfahrt-Bundesamt, Mai 2017, S. 30;
https://www.kba.de/SharedDocs/Publikationen/DE/Statistik/Fahrzeuge/FZ/2017/fz13_2017_pdf.pdfba.de/SharedDocs/Publikationen/DE/Statistik/Fahrzeuge/FZ/2017/fz13_2017_pdf.pdf

Hybrid EVs are leading plug-in EVs with 165,405 passenger cars registered as of January 2017 and 84,675 new registrations during the year. 5 Statista: Anzahl der Neuzu-lassungen von Pkw mit alternativen Antrieben in Deutschland im Jahr 2017. Kfba Bestand an Pkw am 1. Januar 2017 nach ausgewählten Kraftstoffarten,
https://www.kba.de/DE/Statistik/Fahrzeuge/Bestand/Umwelt/b_umwelt_z.html?nn=663524
 Hybrid trucks account for only 126 vehicles, 6 Bestand an Lastkraftwagen am 1.1.2017 gegenüber 1.1.2016 nach Nutzlast und Kraftstoffarten. In: kba.de. Kraftfahrt-Bundesamt, Mai 2017, S. 30;
https://www.kba.de/SharedDocs/Publikationen/DE/Statistik/Fahrzeuge/FZ/2017/fz13_2017_pdf
and there are 318 registered hybrid buses. 7 Statista: Anzahl der Busse mit alternativen Antrieben in Deutschland (Stand: 1. Januar 2017)

2. Is there any specific legislation for/regulation of EVs in Germany?

The cornerstone of Germany’s mobility policy is the Act on E-Mobility (Elektromobilitätsgesetz) of 2015. It allows municipalities to create preferential parking options and apply reduced parking rates for EVs. It also creates new traffic signs and introduces special number plates indicating the vehicle’s electric engine and thus its eligibility for a special set of privileges. The act makes EVs eligible for exceptions to traffic restrictions, an aspect that may become significant in the current debate over pollutant thresholds.

The government has implemented a number of tax exemptions to promote the use of EVs. They are currently exempt from vehicle taxes during the first ten years after registration and are subject to reduced tax rates thereafter. Taxes on electric company cars are already lower and will be lowered to half the regular tax according to the 2018 coalition agreement signed by the new government par-ties. Further tax advantages include exemptions for the supply of charging power or charging stations by the employer.

Recently, the Federal Council (Bundesrat) reintroduced an older legislative project which could not be finalised in the last legislative period and that aims to facilitate the establishment of private charging stations by tenants and apartment owners. The proposal grants substantial rights to landlords and co-owners in order to promote the installation of charging stations. It has not yet been subject to parliamentary debate.

The Act on the Digitalization of the Energy Transition (Gesetz zur Digitalisierung der Energiewende) of 2016 introduced the possibility of reducing network access fees for power suppliers who contribute to the integration of EVs as energy storage units in the electric grid, with the long-term goal of creating a “smart grid”.

The legal framework for the installation of public charging stations is set by the Decree on Charging Stations (Ladesäulenverordnung) of 2016, specifying the technical standards and aiming to ensure the interoperability of public charging stations. As of February 2018, there are 8,515 charging sta-tions in Germany providing a total of 25,264 charging ports – an increase of about 2,000 stations since the decree was implemented. 8 Statista: Anzahl der Ladestationen und der Anschlüsse für Elektrofahrzeuge in Deutschland im Zeitraum 3. Quartal 2016 bis 1. Quartal 2018 (Stand: 01. Februar 2018)  Charging station operators are required to allow charging on a case-by-case basis without prior authentication (so called e-Roaming). The decree requires operators to report the positions of charging stations to the Federal Network Agency (Bundesnetzagentur) which publishes the data in a public map. The Act on the Further Development of the Electricity Market (Gesetz zur Weiterentwicklung des Strommarktes) of 2016 clarified that charging stations are to be treated as ultimate consumers under energy law and are therefore not subject to any operator obligations under the relevant regulations.

3. What measures promote EVs in Germany?

The Federal Government aims to establish Germany as the lead market with at least one million EVs by 2020 and 30,000 new jobs in the e-mobility sector. To achieve these goals, it established the National Platform for E-Mobility (Nationale Plattform Elektromobilität) in 2010, composed of representatives from industry, politics, science, associations and trade unions. The working groups examine various key issues and present their reports to the public.

Starting with the National E-Mobility Development Plan (Nationaler Entwicklungsplan Elektromobilität) in 2009, the government has adopted a series of measures affecting the implementation of e-mobility. The aim of this programme is to promote research and development and the market intro-duction of EVs with batteries. As part of the economic recovery package, various ministries tendered funding totalling EUR 500m allotted to 15 projects, mainly relating to e-mobility research and testing. This was followed by the “Elektro Power” programme and the current “Elektro Power II”, which subsidises 13 programmes with total funding of EUR 25m to further innovation in the field of production systems and battery efficiency, establish standards and norms and reduce production costs.

To improve the infrastructure of the charging station network, the government has launched a EUR 300m subsidy programme. The government parties pledged in their coalition agreement to expand the charging infrastructure with the goal of reaching 100,000 charging stations by 2020, a third of which are to be direct current (DC) fast charging stations.

During the management of the “diesel crisis” in 2017, the Federal Government launched the Immediate Action Plan Clean Air 2017-2020 (Sofortprogramm Saubere Luft 2017–2020). The programme is based on a government fund of EUR 1bn. It contains various incentive schemes. The plan allows municipalities and public transportation operators to obtain funding of up to 75-90 % of additional investment costs for the procurement of EVs. Additionally, commercial providers such as craftsmen, nursing services and car sharing operators can receive up to 60 % refund of additional costs if their purchase is integrated in a local mobility concept. The purchase of buses for public transportation services and related service and maintenance activities are eligible for subsidies of up to 80% of the additional cost.

The Immediate Action fund also provides funding for research and development projects that exploit the potential of e-mobility and contribute to strengthening the competitive position of the German industrial sector.

For private citizens and entities, the Federal Government is cooperating with car manufacturers to offer an Environment Bonus (Umweltbonus). The programme is state funded with EUR 600m and allows participants to receive a federal contribution of EUR 4,000 for the purchase or leasing of a new EV or EUR 3,000 for plug-in hybrid cars, provided that the manufacturer offers a discount of the same amount. The funding started in 2016 and will end when the fund is used up, or at the latest in 2019. As of February 2018, 31,312 applications had been entered for EVs and 22,946 applications for hybrid cars. The impact of the programme is controversial, with studies showing limited influence on consumers’ decisions to invest in EVs. 9 Statista: Umfrage zu gesteigertem Interesse an E-Autos durch Kaufprämie in Deutschland 2016; statista Einfluss der Kaufprämie auf den Erwerb eines E-Autos in Deutschland 2016

4. Who are the main entities (e.g. developers, government, System Operator) and what are their roles in the deployment of EVs in Germany?

  • Federal and local governments – The government provides legal framework for the development of technical standards as well as incentives to invest in EVs. The Federal Government and some local governments have declared to target a share of at least 20% of EVs in their own car fleets. Some regions, such as Baden-Württemberg, have set up their own subsidy programmes. Cities are exploring e-mobility funding as a way to reduce pollution. Munich, for example, has launched a EUR 60m investment programme accompanied by EV purchases for the city fleet and public transportation. The state of Berlin has tendered the implementation of a system of charging stations throughout the city and has commissioned the construction and operation to a consortium of Alliander/Allego and The New Motion. 10 https://cms.law/de/DEU/News-Information/Alliander-gewinnt-mit-CMS-Ausschreibung-fuer-Elektroladesaeulen-in-Berlin
  • Automobile manufacturers – German car manufacturers traditionally rely on combustion en-gines and face strong competition from competitors from France, Asia and the US. Recent developments indicate stronger involvement in EV projects. For example, Daimler AG has launched tests for electric city buses. Additionally, Chinese investor Li Shufu, known for pushing e-mobility in the Volvo Group, has acquired 10% of Daimler’s shares.
  • Researchers, developers and start-ups – Key issues to implement e-mobility include the longevity, range and charging time of batteries and need to be addressed by specialized industries. Even in EV production, beyond classic car manufacturers, niche companies have emerged that address specific needs. For example, Streetscooter, together with DHL, produces utility vehicles for parcel delivery.
  • Car sharing operators and taxi companies – EVs account for about 10% of the vehicle pool of car sharing fleets in Germany 11 Statista: Anteil der Elektrofahrzeuge an den Carsharing-Flotten in Deutschland im Jahr 2017 . However, the branch association Bundesverband CarSharing regards high procurement costs and reduced occupancy rates due to long charging cycles as obstacles to an economically profitable operation.
  • Operators of charging stations – The driving range of EVs remains one of the obstacles to their success; a broad network of charging stations is crucial. A group of German car manufacturers (BMW Group, Daimler AG and Volkswagen Group) have formed the joint venture “Ionity” together with Ford Motor Company and vowed to create a High-Power-Charging network in Eu-rope with Autobahn Tank & Rast, operating around 360 motorway petrol stations and motorway 400 service stations in Germany, as on-site partner. Retailers such as ALDI SÜD provide charging stations in their car parks and offer charging to their customers for free.
  • Associations and branch representations – The perception, promotion and acceptance of emobilty concepts also depends on the support of industry and other associations. A key player is the VDA (Verband der Automobilindustrie) representing German car manufacturers. Other specific associations have been created, e.g. the Bundesverband eMobilität, uniting companies from business segments including vehicle construction, electrical engineering, transport and renewable energies.

5. What are the main challenges to further deployment of EVs in Germany? How have EV developers sought to overcome these challenges to date?

Consumers refer to the high price and short range of EVs as well as the large distance to charging stations as the most common barriers preventing the purchase of an EV. 12 Statista: Umfrage zu negativen Aspekten von Elektroautos in Deutschland im Jahr 2016  The technical challenges of decreasing the production costs and charging time while increasing the range of EVs will be crucial for consumer acceptance. These demands, while challenging, offer an opportunity for the Ger-man motor industry which is already world leader in the number of automotive patent registrations. 13 Statista: Verteilung der Patentanmeldungen im Automobilsektor im Jahr 2016 nach weltweiten Regionen

The battery manufacturing industry is struggling to enter the strongly competitive market with established competitors from Asia profiting from lower production costs. Bosch, one of Germany’s leading innovators 14 Statista: Wichtigste Unternehmen nach Anzahl der eingereichten Patentanmeldungen beim Deutschen Patent- und Mar-kenamt im Jahr 2016 , has cancelled a highly anticipated project to develop battery cells in Germany 15
http://www.handelsblatt.com/unternehmen/industrie/elektromobilitaet-bosch-stellt-batteriezellen-forschung-komplett-ein/21013464.html
 while German companies Siemens and Manz are partnering with Total’s Saft and Solvay to develop high-density lithium-ion and solid-state technology batteries. 16
https://www.platts.com/latest-news/electric-power/london/totals-saft-joins-european-battery-alliance-with-26896561

The development of e-mobility is still highly focused on cities. Although the network of charging stations has been growing in the recent past and promised legislatives steps to ensure a further in-crease of the number of stations have been taken, the charging infrastructure remains largely centred on urban agglomerations in the western part of Germany. In order to achieve a collective approach to e-mobility, it will be necessary to improve the infrastructure especially in structurally weak regions with long driving distances.

One of the main challenges will be to motivate automobile manufacturers to rely on the new technologies available to them. The rise of companies like Streetscooter that are filling a void left by the lack of offerings from traditional car manufacturers shows that the latter have not adapted to the reality of e-mobility as fast as the demand requires. The creation of networks among the relevant industries in joint associations such as the Bundesverband e-Mobilität is a first step. EU limits for pollutant emissions refer to average values of the overall fleet of car manufacturers. As a result, it will be necessary for manufacturers to increase the share of low-pollutant vehicles if other segments are to continue to be served at the same time. A decision by the Federal Administrative Court of March 2018 allows German cities to establish restricted traffic zones to comply with EU pollutant regulations. These restrictions will mainly apply to vehicles with diesel engines and are, in the medium term, likely to lead to a reduction in the number of high-pollutant vehicles and an increase in the share of EVs.

Portrait ofGerd Leutner
Dr. Gerd Leutner
Partner
Berlin
Portrait ofAntje Becker-Boley
Dr. Antje Becker-Boley
Partner
Stuttgart