S.L. 545.38 Art. 3Authorisation to act as an operator of publicly accessiblecharging infrastructure.

(1) An authorisation shall be required for a person to act as an operator of publicly accessible charging infrastructure.

(2) Authorisations shall be issued by the Regulator in respect of the execution of the operations, activities and practices referred to in these regulations and shall include the terms and conditions for the execution of such operations, activities and practices.

(3) An authorisation issued by the Regulator shall be in writing and, unless cancelled, suspended or revoked in accordance with any condition contained in it or in accordance with these regulations or with any other law, shall continue to remain in force for such period of time as may be specified in the authorisation.

(4) Authorisations unless revoked shall be valid for a period of twelve (12) years.

(5) An authorisation issued by the Regulator under these regulations shall not exempt the authorised provider from the requirement of obtaining any other authorisation or permit as may be required under any other law.

(6) Any person who wishes to act as an operator of publicly accessible charging infrastructure shall submit an application in writing to the Regulator in such form and manner as the Regulator may prescribe. A non-refundable application fee of five hundred (€500) euro shall be paid to the Regulator with the application for an authorisation.

(7) The Regulator shall establish its procedure for the purposes of determining an application for the issue of an authorisation for a person to act as an operator of publicly accessible charging infrastructure.

(8) The Regulator shall communicate to the applicant in writing within a reasonable time, which shall not be of more than six

(6) months from the date of receipt of a valid application, any decision taken concerning an application for an authorisation or an application for the renewal of an authorisation or any valid reason impeding the Regulator to reach such a decision.

(9) Upon expiry, an authorisation may be renewed, and an application for the renewal of an authorisation shall have to be submitted in writing to the Regulator in such form and manner as the Regulator may require, six (6) months prior to the date on which the authorisation expires. A non-refundable renewal application fee of five hundred euro (€500) shall apply.

(10) The Regulator may modify, amend, replace, add or delete any authorisation condition in the renewed authorisation and add specific conditions relevant to each individual authorisation as the Regulator considers to be reasonably justified in the circumstances.

(11) The first authorisation fee payable under sub-regulation

(12) shall be paid by the authorised provider within thirty (30) days from the granting of an authorisation and thereafter every three years on the anniversary of the grant of such authorisation or any other date as the Regulator may reasonably establish.

(12) The amount of the authorisation fee per charging point shall be of seventy-five (€75) euro and shall be paid to the Regulator every three (3) years:

Provided that the amount of the authorisation fee per charging point registered after the date of the granting of the authorisation shall be calculated pro rata temporis.

(13) If any authorisation fee payable under sub-regulation

(12) is not paid within thirty (30) days as from the date from which the payment of the authorisation fee is due, the Regulator shall after the lapse of such time communicate to the authorised provider, whose authorisation fee has not been so paid informing him about his failure to pay such fee.

(14) The Regulator shall be deemed to have complied with sub-regulation (13) if such communication is sent by registered post, to the usual or last known address of the authorised provider whose authorisation fee has not been so paid.

(15) If any authorisation fee mentioned in sub-regulation (14) CHARGING INFRASTRUCTURE

is not paid within thirty (30) days after the date on which the communication therein mentioned has been sent by registered post, the authorisation to which it refers shall cease to be in force, and if the person to whom it was granted wishes again to act as an operator of publicly accessible charging infrastructure he shall then be required to apply for a new authorisation.

(16) In considering any such application, the Regulator may take into consideration the previous failure of the applicant to pay the authorisation fee payable under sub-regulation (12) and of any explanation regarding that failure which the applicant may submit to the Regulator.

(17) The Regulator shall have the power to include in an authorisation issued under these regulations any such conditions as the Regulator considers a requisite or suitable.

(18) The authorisation shall have a minimum set of general conditions:

Provided that special conditions may be attached to any authorisation issued under these regulations.

(19) The authorised provider shall at all times comply with these regulations and with the conditions of an authorisation.

(20) The conditions included in an authorisation may contain, but not necessarily be limited to, provisions regarding:

(a) the grant and term of the authorisation;

(b) suspension, variation and transfer conditions of the authorisation;

(c) compliance requirements to conditions, directions, management letters, standards, guidelines, codes of practice or rules given by the Regulator or as may be established at law;

(d) the obligations of the authorised provider including but not limited to customer service obligations;

(e) protection of consumers;

(f) monitoring and recording of the authorised operations;

(g) reporting, auditing and submission of information to the Regulator;

(h) inspection, making copies and taking extracts from books and records held by the authorised provider and the carrying out of measurements and tests in relation to any authorised facility, assets or plant;

(i) assessment and auditing of operations, activities and practices and their compliance to authorisation conditions; and

(j) regulation of subsidiary companies and, or companies executing part of the regulated operations, activities and practices.

(21) Any person granted an authorisation under these regulations shall:

(a) comply with any direction given by the Regulator as to such matters as are specified in the authorisation or are of a description so specified;

(b) execute the regulated operations, activities and practices in accordance with such authorisation conditions;

(c) act in accordance with any requirements as are specified in the authorisation or are of a description so specified; and

(d) comply with the decisions or directions issued by the Regulator.

(22) The authorised provider shall inform the Regulator of any changes relating to his activity which result in the conditions for his authorisation no longer being met and the creation of subsidiaries whose activities fall within the scope of the authorisation and, or the authorisation scheme.

(23) The authorised provider shall register the publicly accessible charging point with the Regulator within fifteen (15) days as from the date of the commissioning of such charging point by means of the procedure established by the Regulator for such purposes. The authorised provider shall also notify the Regulator within one (1) day as from the date of decommissioning of such charging point by means of the procedure established by the Regulator for such purposes.