What is the maximum kWh rate that a charge point owner can set for a public charge point?

Price transparency is a key principle in E-Mobility, but it is certainly not guaranteed. To address the lack of price transparency, the Netherlands Authority for Consumers and Markets (ACM) published a statement on its website on October 20, 2020, declaring that the price of charging an electric vehicle must be fully clear no later than December 1, 2020. From that date, ACM monitors whether parties comply with these rules. If not, the regulator can take action.

However, price transparency is separate from the price level that may be set by charge point owners/operators. In a written statement to Maxem, ACM confirmed that kWh rates for supplying energy are not regulated, meaning there is no maximum or minimum kWh rate imposed by law.

For energy suppliers delivering to small consumer connections, it is required (as licensed suppliers) to offer reasonable rates and conditions to the end user. Since charge point owners/operators are usually considered small consumers, this requirement also applies to the supply of electricity to the charge point.

However, when the charge point owner/operator resells the electricity to an EV driver, this requirement no longer applies. The EV is not considered a small consumer connection under Dutch law.

The charge point owner must clearly communicate the kWh rate in advance to the EV driver. If the driver does not accept the price, they are free to choose another, cheaper charge point. This market mechanism is what ultimately keeps prices in check.