Operator obligations (§31 / §32)

Conditions for the operator of the charging device, which the operator must fulfil as a necessary pre-requisite for the intended operation of the charging device. The operator of the charging device is the user of the measuring device in the sense of § 31 of the Mes-sEG.

1. The charging equipment is only considered to be used in accordance with legal metrology regulations if it is not exposed to environmental conditions other than those for which its type examination certificate was issued.
2. When registering the charge points with the Federal Network Agency (Bundesnetzagentur), the user of this product must also register the PK specified on the charging column for the respective charge points in the registration form. Without this registration, operation of the charging station in compliance with calibration regulations is not possible. Weblink:https://www.bundesnetzagentur.de/DE/Sachgebiete/ElektrizitaetundGas/Unternehmen_Institutionen/HandelundVertrieb/Ladesaeulen/Anzeige_Ladepunkte_node.html
3. The user of this product must ensure that the reverification period for the components of the charging device and for the charging device itself is not exceeded.
4. The user must permanently store the signed data packets read out from the charging device, in accordance with the pagination, on hardware dedicated for this purpose and in their possession (“dedicated memory”) and must keep them available for authorized third parties (operation obligation of the memory). “Permanently” means that the data must be stored not only until the conclusion of the business transaction, but at least until the expiry of any applicable statutory appeal periods relating to that business transaction. No substitute values may be generated for billing purposes in the event of missing data.
5. The user of this product shall provide an operating manual in electronic format to users of measured values who receive measured values from this product and use them in business transactions. In doing so, the user of this product must, in particular, refer to Section II “Requirements for users of measured values from the charging device”.
6. To the extent deemed necessary by the competent authorities, the complete contents of the dedicated local memory or the memory at the charge point operator, including all data packets of the relevant billing period, must be made available by the user of the measuring device.

 EMSP obligations (§33)

Requirements for Users of Measured Values from the Charging Device (EMSP)

The user of the measured values from the charging device is, in accordance with § 33 of MessEG, the party to whom the customer owes payment for the supply of electrical energy received at the charging device, i.e. the Electro-Mobility Service Provider (EMSP). The EMSP will only be using the measured values in compliance with the calibration law if it complies with the requirements and conditions imposed upon it in these operating instructions

Compliance with § 33 MessEG
§ 33 MessEG (citation)

1. Values for measured variables may only be specified or used in business or legal transactions or for measurements in the public interest if a measuring device was used as intended and the values can be traced back to the respective measurement result, unless otherwise stipulated in the statutory ordinance pursuant to Section 41 number 2. Other federal regulations that serve comparable protective purposes continue to apply.
2. Anyone who uses measured values must ensure, within the scope of their possibilities, that the measuring device meets the legal requirements and must have the person using the measuring device confirm that they are fulfilling their obligations
3. Whoever uses measured values must

1. ensure that invoices, insofar as they are based on measured values, can easily be traced by the party for whom the invoices are intended in order to check the measured values given and

2. if necessary, provide suitable aids for the purposes specified in number 1.

Obligations for Users of Measured Values under Calibration Law

For the user of the measured values, this regulation gives rise to the following specific obligations regarding the use of measured values in accordance with calibration law:

1. The contract between EMSP and customers must clearly state that subject of the contract is only the supply of electrical energy and not the duration of the charging service.
2. The time stamps on the measured values come from a clock in the charging column that is not certified according to measurement and calibration law. They must therefore not be used for the purpose of tariffing the measured values.
3. The time stamps on the measured values come from a clock in the charging column that is not certified according to measurement and calibration law. They must therefore not be used for the purpose of tariffing the measured values.
4. The EMSP must make the billing-relevant data packages available to the customer at the time of billing, including the signature, as a data file in such a way that they can be checked for integrity using the transparency and display software. These can be provided via channels that have not been checked under calibration law.
5. The EMSP must make available to the customer the transparency and display software associated with the charging device to check the integrity of the data packets.
6. The EMSP must be able to show in a verifiable manner which means of identification was used to initiate the charging process associated with a specific measured value. This means that it must be able to prove for every business transaction and billed measured value that it has correctly assigned the personal identification data to them. The EMSP must inform its customers of this obligation in an appropriate manner.
7. The EMSP may only use values for billing purposes that are available in a dedicated memory that may be available in the charging facility and/or in the memory of the operator of the charging facility. It is not permitted to create substitute values for billing purposes.
8. The measuring capsule is able to detect an error in the form of a difference in the meter register readings between charging processes. This error is displayed as the status term "meter reading difference" in the transparency software. The EMSP must monitor and evaluate this status term and must not use values for billing purposes for which a "meter reading difference" occurs. This also includes the charging process that precedes the process in which this "meter reading difference" was detected.
9. The EMSP must make appropriate agreements with the operator of the charging facility to ensure that the data packets used for billing purposes are stored for a sufficient period of time in order to be able to fully complete the associated business processes.
10. In the event of a justified notification of need for the purpose of carrying out verifications, diagnostic tests and use of monitoring measures, the EMSP must provide suitable means of identification to enable authentication on the specimens of the product belonging to these operating instructions, used by them.
11. All of the above obligations apply to the EMSP as the meter user within the meaning of Section 33 MessEG even if it obtains the meter readings from the charging facilities via a roaming service provider.