Implementing decision 2021/359 - Authorisation of the Netherlands to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles

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1.

Current status

This implementing decision is in effect from January  1, 2021 until January  1, 2025 and should have been implemented in national regulation on February 25, 2021 at the latest.

2.

Key information

official title

Council Implementing Decision (EU) 2021/359 of 22 February 2021 authorising the Netherlands to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles
 
Legal instrument implementing decision
Number legal act Implementing decision 2021/359
Original proposal COM(2021)23 EN
CELEX number i 32021D0359

3.

Key dates

Document 22-02-2021; Date of adoption
Publication in Official Journal 26-02-2021; OJ L 69 p. 6-8
Effect 01-01-2021; Application See Art 3
25-02-2021; Takes effect Date notif.
End of validity 01-01-2025; See Art. 3
Notification 25-02-2021

4.

Legislative text

26.2.2021   

EN

Official Journal of the European Union

L 69/6

 

COUNCIL IMPLEMENTING DECISION (EU) 2021/359

of 22 February 2021

authorising the Netherlands to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (1), and in particular Article 19 thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

By means of Council Implementing Decision (EU) 2016/2266 (2), the Netherlands was authorised, in accordance with Article 19 of Directive 2003/96/EC, to apply a reduced rate of taxation to electricity supplied to charging stations directly used for charging electric vehicles until 31 December 2020.

 

(2)

On 30 March 2020 the Netherlands requested authorisation to continue to apply a reduced rate of taxation to electricity supplied to charging stations for electric vehicles for the period from 1 January 2021 to 1 January 2025. At the request of the Commission, the Netherlands provided additional information in support of its application on 20 November 2020.

 

(3)

The reduced rate of taxation is intended to further promote the use of electric vehicles by reducing the costs for the electricity used to propel such vehicles.

 

(4)

The use of electric vehicles does not involve the emission of air pollutants originating from the combustion of petrol and diesel or other fossil fuels and therefore contributes to the improvement of air quality in cities. Furthermore, the use of electric vehicles can reduce CO2 emissions, particularly where the electricity used is produced from renewable energy sources. The application of a reduced rate of taxation on electricity supplied to charging stations for electric vehicles is therefore expected to contribute to the environmental, health and climate policy objectives of the Union.

 

(5)

The Netherlands highlighted that the reduced rate of taxation would apply to the supply of electricity to charging stations for electric vehicles with a direct connection to the electric grid, including public charging stations and some private or corporate charging stations.

 

(6)

The Netherlands requested that the reduced rate of taxation on electricity apply only to charging stations where the electricity is used to charge an electric vehicle directly and that it not apply to electricity that is provided through the exchange of batteries.

 

(7)

A reduced rate of taxation on electricity supplied to electric vehicles through charging stations will improve the business case for publicly accessible charging stations in the Netherlands, which will make the use of electric cars more attractive and result in an improvement in air quality.

 

(8)

Considering the relatively limited number of electric vehicles and the fact that the level of taxation on electricity supplied to electric vehicles through charging stations that are for business use will be above the minimum level of taxation laid down in Article 10 of Directive 2003/96/EC, the reduced taxation rate is unlikely to lead to distortions in competition during the period for which the authorisation is requested and will thus not negatively affect the proper functioning of the internal market.

 

(9)

The level of taxation on electricity supplied to electric vehicles through charging stations that are not for business use will be above the minimum level of taxation for non-business use laid down in Article 10 of Directive 2003/96/EC.

 

(10)

Each authorisation granted under...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

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