In a circular published on 17 April 2019, the Norwegian Water Resources and Energy Directorate (NVE) clarifies that providers of charging services related to electric vehicles will not be required to obtain a trading license (Nw. omsetningskonsesjon) pursuant to the Norwegian Energy Act.

NVE is the Norwegian regulator for trading in electric power. Although the general rule according to Section 4-1 of the Norwegian Energy Act prescribes that any supplier of electrical energy must hold a trading license issued by NVE, exemptions can be granted pursuant to Section 4-2 first paragraph litra d) of the Norwegian Energy Law Regulation (Nw: Energilovforskriften) where a duty to hold such trade license is viewed as clearly unnecessary (Nw: åpenbart unødvendig). According to NVE, there is currently no need to subject electric vehicle charging services to a trading license requirement.

The clarification applies both to electric vehicle charging services targeting professional customers and private consumers.

The circular represents an important clarification both for professional providers of charging services but also for e.g. housing co-operations and jointly owned properties.

NVE substantiates its view by referring to the purpose of the trading license regime being to secure rational trading of electric power and efficient operation and development of the distribution grid. NVE also emphasises that the selection of pricing model for charging services should not be decisive for application of the license requirement, and that regulations should be technology-neutral.

NVE does however reserve its right to revisit license requirements at a later stage. We take this as a signal that NVE will continue to monitor the development of the electric vehicle charging market closely going forward.

Please feel free contact CLP’s renewable energy team if you are interested in further information or have any questions.