Is a license required for the provision of electric car charging services at a charging station and which KVED to choose?
The growing popularity of electric cars in Ukraine has led to an increase in the number of electric charging stations, which are becoming an integral part of modern infrastructure. In this regard, many entrepreneurs and station owners are faced with the question: whether a license is needed to provide electric vehicle charging services and which KVED to choose.
The National Commission for State Regulation of Energy and Utilities (NKREKP) provided a clear clarification on this aspect, which is important for all market participants. In this article, we will consider the key provisions of the law and regulatory documents that determine the legal status of this activity.
In connection with numerous appeals for clarifications regarding the licensing of business activities for the provision of services for charging electric vehicles at electric charging stations, the NCRECP informs that the specified type of business activity does not require licensing.
According to Article 7 of the Law of Ukraine "On Licensing Types of Economic Activities", activities in the field of electricity are subject to licensing, which are licensed taking into account the features defined by the Law of Ukraine "On the Electric Energy Market" (the Law).
Pursuant to Article 8 of the Law, economic activities related to the production, transmission, distribution of electric energy, supply of electric energy to the consumer, trading activities, performance of the functions of market operator and guaranteed buyer are carried out on the electric energy market on the condition of obtaining the appropriate license issued by the NCRECP.
- At the same time, the supply of electrical energy is the sale, including resale, of electrical energy; consumer is an individual, including an individual entrepreneur, or a legal entity that purchases electric energy for its own consumption (Article 1 of the Law).
Today, the relationships that arise in the process of selling and buying electric energy between producers or suppliers of electric energy and consumers (on the retail market of electric energy) are regulated by the Rules for the use of electric energy (PKEE), approved by the resolution of the National Energy and Mineral Resources Committee of Ukraine dated 31.07.1996 No. 28 (as amended) ).
According to clause 5.4 of the PKEE, in order to conclude a contract for the supply of electric energy, the consumer must, in particular, provide the relevant organization with a copy of the document defining the right of ownership or use of the object (premises), or a copy of the document confirming the right of ownership or use of the land plot (in case of absence on the corresponding land plot of the object).
Therefore, based on the provisions of PKEE, the owner (user) of the object (premises) or land plot where electric charging stations are installed is a consumer of electric energy .
Thus, electrical energy at electric charging stations is used to provide services for charging batteries of electric vehicles, and therefore, such activity is not subject to licensing .
According to Art. 1 of the Law of 24.02.2023 No. 2956-IX "On some issues of the use of vehicles equipped with electric engines and amendments to some laws of Ukraine regarding overcoming fuel dependence and the development of electric charging infrastructure and electric vehicles", electric vehicle charging station (electric charging station) is a device (mobile or stationary) designed for charging electrical energy storage systems (batteries) electric cars, electric trucks, electric passenger cars, plug-in hybrid cars, electric buses and other electric wheeled vehicles.
What KVED should an enterprise have in order to provide electric vehicle charging services?
All types of activities engaged in by a business entity must be listed in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations (hereinafter - UDR). Such information is recorded in the EDR during the registration of a newly created economic entity, and in the future new types of activities are added.
In KVED, we do not directly find electric vehicle charging services. Therefore, you need to look for the name of the activity, which is closest in essence. In our opinion, the most appropriate type of activity will be code 45.20 "Maintenance and repair of motor vehicles" .
Code 35.14 "Electricity trading" is not suitable, since in our case there is no supply of electricity within the meaning of the Law of 04.13.2017 No. 2019-VIII "On the Electricity Market" (hereinafter - Law No. 2019) . Yes, from 23.03.2023 in Part 5 of Art. 58 of Law No. 2019, the changes made by Law No. 2956 appeared. And now it is expressly stated there that the provision of services for charging electricity storage systems (batteries) of electric vehicles using electric charging stations is electricity consumption and is not electricity supply in the sense of the Law.
If you have additional questions about licensing or other legal aspects of activities related to electric charging stations, please contact us. Our experts will provide professional advice and help you find the best solution for your business.
Date of publication: 15.12.2024