S.L. 545.34 Art. 31Integration of electromobility into the electricity network. 

(1) The distribution system operator shall cooperate on a non-discriminatory basis with any undertaking that owns, develops, operates or manages recharging points with smart charging functionalities and bidirectional charging functionalities in accordance with Article 20a of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) for electric vehicles, including with regard to connection to the grid.

(2) Distribution system operators shall not own, develop, manage or operate recharging points for electric vehicles, except where distribution system operators own private recharging points solely for their own use.

(3) By way of derogation from sub-regulation (2), distribution system operators shall be allowed to own, develop, manage or operate recharging points for electric vehicles, provided that all of the following conditions are fulfilled:

(a) other parties, following an open transparent and non-discriminatory tendering procedure that is subject to review and approval by the Regulator, have not been awarded a right to own, develop, manage or operate recharging points for electric vehicles, or could not deliver those services at a reasonable cost and in a timely manner;

(b) the Regulator has carried out an ex ante review of the conditions of the tendering procedure under paragraph (a) and has granted its approval;

(c) the distribution system operator operates the recharging points on the basis of third-party access in accordance with Article 6 and does not discriminate between system users or classes of system users, and in particular in favour of its related undertakings.

The Regulator may draw up guidelines or procurement clauses to help distribution system operators ensure a fair tendering procedure.

(4) Where the conditions under sub-regulation (3) have been implemented the designated competent authority in terms of the

Alternative Fuels Order shall perform, at regular intervals or at least every five (5) years, a public consultation in order to re-assess the potential interest of other parties in owning, developing, operating or managing recharging points for electric vehicles. Where the public consultation indicates that other parties are able to own, develop, operate or manage such points, the distribution system operators' activities in this regard shall be phased-out, subject to the successful completion of the tendering procedure referred to in paragraph (a) of sub-regulation (3). As part of the conditions of that procedure, the Regulator may allow the distribution system operator to recover the residual value of its investment in recharging infrastructure.