1. Collaboration with external project developers
For the installation and operation of publicly accessible charging stations, the municipality can provide suitable areas to private-sector project developers in an open, transparent and non-discriminatory process. The project developer then takes care of the realisation or the development and maintenance. Since the municipality is not permitted to operate a commercial charging infrastructure itself, this provides it with the option of having a charging infrastructure set up without major financial and planning effort.
The desired cooperation/partnership can be specified further in a general agreement. In this context, the influence of the municipality on the project as well as a possible remuneration (lease/rent) can be contractually stipulated. The Ministry of Energy and Spatial Planning (MEA) provides the municipalities with model documents.
The investor may submit projects with a total charging capacity of more than 175 kW to one of the national tenders under the Law of 26 July 2022 on the aid scheme for companies investing in charging infrastructure for electric vehicles, so that there is a possibility of state co-financing. In this case, work must not begin (and no firm order may be placed) before the project has been submitted to the tender procedure, otherwise it will not be eligible for financial support. In any case, a basic agreement between the municipality and the potential project developer(s) must already have been signed in advance.
MEA model documents prepared under the national call for tenders
The municipality decides which area will be provided and advertises it.
- www.pro-charging.lu is available as a platform.
The interested project developer contacts the municipality, which negotiates the lease, type of charging infrastructure, fees, maintenance...
- MEA provides model contracts for use as a reference in this case.
- Above a certain size (> 175 kW), it is possible to participate in the national tender.
The municipality has two options when selecting partners:
- Own call for tenders, where the winning bidder can additionally submit the project to the national call for tenders for funding, if applicable.
- All interested parties apply for a basic agreement under the same conditions and then compete with each other via the national tender. In this case, however, it is necessary to publish that the municipality offers a basic agreement.
Upon agreement, the contract is signed and the work can begin. If funding through the government tendering procedure is desired, no work or contracting may be undertaken until the application has been submitted (1). In case the option to put interested parties in competition with each other via the national tender procedure is chosen, the work can only start once the tender procedure has been successful.
- The prospective partner will take care of the installation and maintenance of the charging infrastructure under the agreed conditions.
- If necessary, the prospective partner will take care of adaptations of the grid connection and will contact the grid operator.
(1) Incentive: If your partner of choice wants to apply for government support (RFP or simple grant application), please note that no binding commitments (e.g. accepting a cost estimate or making a down payment) may be made before submitting the application/project!
Preparatory work (such as applying for permits) will not challenge the incentive effect, but their costs are not eligible for subsidies.
We recommend contacting Luxinnovation (firstname.lastname@example.org), which can guide you or your partner through the administrative steps.
The interested party operates the charging infrastructure under the previously agreed conditions and takes care of the maintenance.
2. Municipality as shareholder in a private company
A municipality may, in accordance with Article 173bis of the Law on Municipalities, participate in a company under private law which performs activities in the interest of the municipality. This option also exists for the development of the charging infrastructure as a municipal interest. Such a company with municipal participation can participate in a tender procedure of the municipality and can also benefit from the state subsidies.
Klima-Agence planning principles
The municipality sets up - alone or with partners - a company under private law that can build charging infrastructure (approval by the Ministry of the Interior required).
The municipality invites tenders for the charging infrastructure.
The newly established company participates in the tender.
If it wins the bid in the tender procedure, the company will develop the infrastructure in cooperation with the municipality.
3. Charging stations as a municipal activity in the sense of the common interest of the municipality
If no private project developer can be found for a project, it may also build and operate publicly accessible charging infrastructure on its own. In this case, the municipality must not make a profit with this activity in the municipal interest.
Klima-Agence planning principles
No private project developer was found for a project envisaged by the municipality.
The municipality is planning the project itself and decides on its use and accessibility.
The municipality commissions work.
- Can be integrated into the Chargy network; corresponding charging stations must be set up for this purpose (see Integration of charging stations into the ChargyOK system).
- Depending on the charging infrastructure type, your grid connection may need to be adapted; the municipality will contact the grid operator.
The municipality will take care of the maintenance of the charging infrastructure (unless this is covered by a service contract).
- It may be favourable to use an external operator.