BEV Charging Infrastructure in CEE — Potential for Overcoming Legal & Administrative Barriers – CleanTechnica

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Development of EV charging infrastructure in Central-Eastern Europe — is it rapid enough? 

In order to answer this question, let’s have a detailed look at the biggest market of Central-Eastern Europe. As of spring 2025, Poland has about 9,300 publicly accessible charging points, nearly 3,000 of which are fast DC chargers, making up 31% of the total. This represents a 44% year-over-year increase, with the DC segment experiencing particularly rapid growth — up 66% y/y — outpacing the expansion of slower AC devices. Industry data confirms this trend: in the first 11 months of 2024 alone, nearly 1,000 new fast-charging points were launched — more than twice as many as the previous year — and the total power capacity of the infrastructure increased by one-third in just six months, reaching approximately 300 MW.

This growth is primarily driven by private capital, as operators are increasing investments despite weak demand; EVs accounted for only 3% of new car registrations in 2024. Concurrently, Poland continues to lag behind the EU in BEV fleet penetration, resulting in relatively low infrastructure utilization and prolonged investment payback periods. 

The primary obstacle to further BEVs expansion and meeting AFIR targets

Despite the impressive pace of DC infrastructure growth in 2024, the primary obstacle to further expansion remains the small and unstable BEV fleet, worsened by inconsistent support programs. Without a coordinated package of demand- and supply-side incentives, Poland risks not only failing to meet AFIR targets but also widening its competitive gap with leading e-mobility markets in the EU. Recent months have demonstrated that the elimination or sudden suspension of essential support tools results in an immediate decline in BEV sales. When access to a popular financing option under the government’s “Mój elektryk” program was halted, the market responded sharply — new EV registrations dropped by as much as 37% year-over-year in November 2024. This immediate reaction illustrates that, today, the system of subsidies and fiscal incentives is not merely a stimulus but a key requirement for the development of the EV market in Poland. Uncertainty about the continuity and availability of such support also makes infrastructure investors more cautious. With such low BEV market share, any demand fluctuation can threaten the profitability of charging station projects.

Legal and administrative aspects which impact EV charging infrastructure investments

As the growth of the EV user base becomes more challenging to predict, operators increasingly delay investment decisions or scale down planned installations — such as abandoning higher-powered chargers or locations outside major cities with lower user turnover. The development of publicly accessible charging stations in Poland faces a barrier that rarely surfaces in public debate but is critical for investment dynamics: complex and slow grid connection procedures. Although energy law sets maximum deadlines of 30 days for low-voltage connections (up to 1 kV) and 150 days for medium voltage (above 1 kV), distribution system operators (“DSOs”) often utilize the full time limits. In the case of fast chargers requiring higher capacity, the entire administrative and construction process can extend significantly. Poland is among the slowest markets in Europe in this regard.

Challenges in obtaining electricity connection for new EV charging infrastructure in Poland

Despite their relatively modest power (the most common DC chargers range from 150 to 200 kW), connection requests are routinely classified in the third connection group, which is typically used for medium-voltage facilities. This classification gives DSOs more time to prepare the conditions, but it also extends the process and increases costs. Moreover, communication channels with DSO technical teams are limited, and feedback is only provided with the formal connection conditions package. If it emerges during the process that only a portion of the requested capacity is available, the investor does not learn this until the procedure is complete.

There is no mechanism for “soft” consultations that would allow for early-stage project rescaling based on actual grid capacity. Moreover, Polish legal regulations do not differentiate charging stations as they do for renewable energy sources or public transport. Instead, charging infrastructure is regarded as any other energy consumer, despite its role in helping to meet climate targets and fulfill obligations under the AFIR regulation.

It’s also important to note that establishing the power infrastructure for public EV charging stations requires not only available capacity in the grid but also suitable land conditions for linear investments. This primarily involves securing land corridors for cable routes, constructing transformer stations, or installing metering equipment. In practice, securing property access has become one of the most time-consuming and unpredictable aspects of the entire investment cycle, significantly complicating DSO operations. In urban areas, nearly every plot has a distinct owner, while in suburban and rural regions, designated cable routes frequently conflict with agricultural or forest land. The absence of consent from even a single owner can necessitate a redesign of the entire project, leading to months of delays or complete abandonment. The valuation of easements for power lines often involves lengthy negotiations. Property owners, recognizing the lack of real alternatives, frequently leverage their position to maximize financial expectations. In extreme cases, the cost of securing land rights can exceed the value of the connection investment itself. Unlike telecommunications operators — who, under the Act on Supporting the Development of Telecommunications Services and Networks, have a statutory right of access to properties — electricity system operators lack a similar instrument for the infrastructure that powers charging stations.

As a result, each case requires an individual civil law agreement, which significantly extends timelines and increases investment uncertainty. As of now, charging infrastructure facilities and equipment have not been explicitly recognized as projects of public interest under Polish law. In practice, this means that constructing power connections to charging stations cannot utilize simplified procedures — such as decisions that limit property use or apply special acts used for road or rail investments.

Energy law regulations for the V2X (vehicle to grid / home/office/building)

Another barrier encountered arises from the failure to adapt energy law regulations to the V2X model. In the context of energy law and utilizing the V2X service, an electric vehicle inputs energy into the grid. The unlawful introduction of electricity into the grid is subject to penalties, including fines. Additionally, introducing any kWh into the power grid necessitates obtaining various consents or permissions, whether from the distribution system operator or the entity acting as the energy market operator. At this juncture, it is essential to revisit 2017, when the e-mobility sector in Poland confronted the challenge of legally regulating electric vehicle charging services (i.e., the flow of electricity in the opposite direction compared to the V2X service). 

Before detailed regulations were introduced regarding the provision of charging services, charging an electric vehicle was treated — as far as energy law is concerned — as the sale and distribution of electricity. This signified the need to obtain numerous consents and concessions, which in practice was impossible to implement and reconcile with a financial model acceptable to investors. Nevertheless, a relatively simple statutory regulation sufficed, which excluded the flow of electricity from the charging station to the electric vehicle battery from the definition of the sale and distribution of electricity, recognizing this flow of electricity as a separate statutory category in the form of providing charging services via electric vehicle charging stations. Currently, we face a similar issue regarding the regulation of electricity flow from electric car batteries to the power grid. Given the current regulations, it remains unclear how to classify the introduction of electricity from electric car batteries to the grid — whether as electricity coming from an energy storage facility or a generating installation. Regardless of how we classify this flow, it will involve fulfilling numerous formalities, which will likely hinder the development of these services. 

Therefore, it is essential to regulate — preferably at the level of European Union regulations — the transmission of electricity as part of the V2X service as a separate category under energy law, which will eliminate unnecessary formalities. The next step will be to regulate (or perhaps allow V2X service users the freedom to choose) the introduction of electricity via the V2G service to the internal networks of facilities — homes, offices, etc. (i.e., behind the meter). However, a problem then arises in the settlement between the EV user providing the V2X service and introducing energy to the facility’s internal network and the facility’s owner who uses this electricity.

Summary

The example of the Polish market and regulations demonstrates that sheer growth in the number of charging stations, however impressive, is not sufficient for sustainable electromobility development in Central-Eastern Europe. Without stable regulatory frameworks, predictable support systems, and streamlined investment procedures, even the most dynamic infrastructure expansion may face bottlenecks that impede its real-world utility. The Polish experience offers a clear takeaway for all emerging markets: to ensure a lasting transport transition, a coordinated approach is essential — one that combines demand-side and supply-side actions and recognizes charging infrastructure as a strategic pillar of climate and energy policy.

It is worth noting that a number of initiatives are emerging in Poland aimed at unlocking the potential of electromobility. One such initiative is the project “The Visegrad Group for Vehicle to X,” implemented under the Interreg program and supported by our law firm. In the next phases of the project, actions and analyses are planned to further unleash the potential of electromobility. It should be emphasized that the project does not solely focus on introducing additional market regulations but also takes into account the risk of overregulation in the energy sector. Accordingly, the project will explore balanced solutions designed to facilitate the implementation of measures supporting electromobility while maintaining regulatory stability within the electricity market.

Authors:

Witold Chmarzyński, Attorney-at-law/Partner
&
Zuzanna Rosnowska, Lawyer

CCLaw Creative Consultants Law Firm
www.cclaw.com.pl