Law

EU Energy Efficiency Directive (EU) 2023/1791: data centre provisions

Requires data centres of at least 500 kW installed IT power to report and publish energy and sustainability data every year by 15 May, sets waste-heat rules for large sites, and (Art. 11) requires a certified energy management system from large energy users.

  • 10requirementsin our own words
  • 1edition Directive (EU) 2023/1791 (recast)
  • 27places where it is a duty of 30 assessed
  • 18 Oct 2026last checkedat the sources below

Where it applies

It is a duty in 27 of 30 places, and 1 needs a closer read. The outcome holds under the conditions shown and says nothing about any one site.

WhereOutcomeBasisConditionsAuthority and route
Austria, Belgium, Bulgaria, Cyprus, Czechia, Denmark, Estonia, Spain, Finland, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Poland, Portugal, Romania, Sweden, Slovenia, SlovakiaAppliesRequired by law In forceFrom 500 kW (installed information technology power demand, per data centre)Exempt: data centres used for, or serving exclusively, defence and civil protection EU rule applies in every Member State; national authority and route differ. Filed with: European database on data centres, via the national scheme where one exists
GermanyAppliesRequired by law In forceFrom 500 kW (installed information technology power demand, per data centre)Exempt: data centres used for, or serving exclusively, defence and civil protection EU rule applies in every Member State; national authority and route differ.federal government (Energieeffizienzregister) Filed with: Energieeffizienzregister and the European database
FranceAppliesRequired by law In forceFrom 500 kW (installed information technology power demand, per data centre)Exempt: data centres used for, or serving exclusively, defence and civil protection EU rule applies in every Member State; national authority and route differ.Ministry for the energy transition Filed with: European platform; ARCEP data collection counts for sites already reporting to it
NetherlandsAppliesRequired by law In forceFrom 500 kW (installed information technology power demand, per data centre)Exempt: data centres used for, or serving exclusively, defence and civil protection EU rule applies in every Member State; national authority and route differ.RVO Filed with: RVO / European database
NorwayNeeds reviewRequired by law Status not confirmedNone stated EEA relevance noted on the text; incorporation into the EEA Agreement and Norwegian law not checked.Not stated
Switzerland, United KingdomDoes not applyRequired by law In forceNone stated EU law; not directly applicable outside the EU.Not stated

What it asks for

10 requirements, each in our own words with the evidence an assessor would expect and who on a site usually owns it. Read the clause itself on the scheme owner's page.

RequirementEvidence expectedOwnerWhen
Decide site by site whether each data centre is in scope: installed IT power of at least 500 kW. Defence and civil-protection sites are outside. Applies to: installed IT power >= 500 kWSite register with installed IT power per site and the basis for any exclusion Record, checked by document reviewCompliance manager with Site managerEvery year review before each filing Filing, one site
Make the Annex VII identity facts public each year: data centre name, owner and operators, start date, municipality. Applies to: 500 kW or more installed IT powerPublic page or national-register entry showing the identity items Record, checked by document reviewCompliance manager with Site managerEvery year 15 May each year Disclosure, one site
Publish the size facts: floor area, installed power, yearly data traffic in and out, and data stored and processed. Applies to: 500 kW or more installed IT powerFigures with the method used for traffic and storage volumes Record, checked by document reviewSite manager with IT operationsEvery year 15 May each year Disclosure, one site
Publish performance for the last full calendar year on energy use, power utilisation, temperature set points, waste heat use, water use and renewable share. Applies to: 500 kW or more installed IT powerAnnual KPI sheet fed by metering, with the calculation method named Meter data, checked by testM&E lead with Compliance managerEvery year 15 May each year Disclosure, one site
Take the EU Code of Conduct best practices into account at sites of 1 MW installed IT power or more (Member States must encourage this). Applies to: 1 MW or more installed IT powerGap list against the current best-practice edition and the actions chosen Record, checked by document reviewM&E lead with Compliance managerEvery year none fixed Governance, one site
Use the waste heat, or keep an assessment showing why reuse is not technically or economically feasible, for data centres above 1 MW rated energy input. Applies to: total rated energy input above 1 MWHeat reuse agreement or a feasibility assessment signed off by engineering Record, checked by document reviewM&E lead with Site managerOn each change none fixed (national law sets dates) Technical limit, one site
Carry out an installation-level cost-benefit analysis of waste heat use when a data centre above 1 MW is newly planned or substantially refurbished. Applies to: new or substantially refurbished site with total rated energy input above 1 MWCost-benefit analysis covering technical feasibility, cost-efficiency, local heat demand and district heating connection Record, checked by document reviewM&E lead with FinanceOnce before the permit decision (national rules) Governance, one site
Run an energy management system, certified by an independent body, if the enterprise's average energy use over three years is above 85 TJ a year. Applies to: enterprise average annual energy consumption above 85 TJCertificate of an energy management system covering the enterprise Certificate, checked by document reviewCompliance manager with QualityEach certification cycle in place by 11 October 2027 Management system, the organisation
If the enterprise uses more than 10 TJ a year and has no energy management system, undergo an energy audit by qualified or accredited experts at least every four years. Applies to: enterprise average annual energy consumption above 10 TJ and no energy management systemAudit report, action plan and implementation rate Record, checked by document reviewCompliance manager with FinanceEach certification cycle at least every four years Inspection, the organisation
Track the next steps: the Commission has adopted a rating-scheme act and opened a consultation on minimum performance standards for data centres. Watch-list entry with owner, source and next review date Record, checked by document reviewCompliance manager Continuous review each quarter Governance, the organisation

Editions

Which text is in force, from when, and which one it replaced.

EditionStatusPublishedIn effectReplaces
Directive (EU) 2023/1791 (recast) Current Published OJ L 231, 20.9.2023; entry into force 10 Oct 2023 per the German government bill (Bundestag 21/8027); transposition and Art. 11 dates from the Directive text.20 Sep 202310 Oct 2023 Transition until 11 Oct 2025 None named

About the programme

Assessed by
A regulator or authority
Scope
data centre (one site)
Levels
500 kW installed IT power threshold; 1 MW for Code of Conduct encouragement
Validity
Annual reporting by 15 May.
Regulator
Member State energy authorities; European Commission (European database)
Official body
European Parliament and Council
Who asks for it
Regulator
Where it is used
EU27 (EEA relevance noted)

Sources

Official bodies behind this page, each with the date we last read it.

Not legal advice. Confirm each duty against the text itself.