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In this respect, Directive (EU) 2023/1791 of September 13, 2023 on energy efficiency and amending Regulation (EU) 2023/955 (recast) and Law no. 2025-391 of April 30, 2025 containing various provisions for adapting to European Union law in the fields of economics, finance, the environment, energy, transport, health and the movement of persons (known as the "DDADUE" law) ensure that data center owners and operators have the energy performance obligations laid down by European Union law.
What is a data center?
A data center is defined as a structure or group of structures used to house, connect and operate computer systems or servers and related equipment for the storage, processing or distribution of data and for related activities.
They can be hosted by companies, banks or research centers.
(Definition Code de L'Energie Article L. 236-1)
Under ICPE legislation, there is no heading specifically dedicated to data centers.
Nevertheless, the various items of equipment required by a data center (generator, chiller, fuel tank) may make the facility subject to regulations governing installations classified for environmental protection (ICPE).
In addition, a data center project may be subject to environmental assessment by decision of the environmental authority. This may entail obtaining authorization for land clearing (article L. 341-3 of the French Environment Code), no objection under Natura 2000 legislation (article L. 414-1 of the French Environment Code), or a derogation from the prohibitions laid down for the conservation of protected species (article L. 411-2 of the French Environment Code).
The world of data centers in figures ...
4.4% Contribution of digital to France's carbon footprint.
2% Share of global energy consumption by data centers (estimated for 2050: 6% of electricity consumed in France).
In addition to energy consumption, cooling techniques also require large quantities of water, depending on the technique used... 681,000 m³ of water in direct consumption in 2023.
Creation of a framework dedicated to the energy performance of data centers
Obligation to make information on the energy performance of data centers available to the public
Data centers with an installed capacity of 500 kW or more for server rooms and IT operations centers must transmit administrative, environmental and energy data relating to their operations to the digital platform made available by the European Commission in application of Directive 2023/1791 of September 13, 2023 on energy efficiency (note: this platform is not yet available). These data centers must also make these data available to the public.
The application of these provisions will be determined by regulation.
These provisions do not apply to data centers:
- public or private operators running facilities or using installations and structures, the unavailability of which could significantly reduce the nation's war or economic potential, security or ability to survive (installations of vital importance);
- used by the armed forces or civil defence or which provide their services exclusively for defence or civil defence purposes.
Obligation to recover waste heat produced
In addition, from October1, 2025, data centers with an installed capacity of 1 MW or more must recover the waste heat they produce.
The application of this provision will be defined by decree.
Obligatory cost-benefit analysis
From October1, 2025, any project for the creation or major modification of a data center with a capacity of over 1 MW must be subject to a cost-benefit analysis of the economic feasibility of improving the energy efficiency of the heat and cooling supply, by the operator.
The application of this provision will be defined by decree.
Cost-benefit analyses are based on a description of the planned plant and of the plant(s) being considered for comparison, covering electrical and thermal capacity, as appropriate. fuel type, expected use and hours of operation per year, location and demand for electricity and thermal energy.[Extract from Annex XI of Directive (EU) 2023/1791].
Penalties for failure to comply with obligations
In the event of non-compliance with the above obligations, the administrative authority may :
- give formal notice to the data center to comply with its obligations within a period it determines, which may not exceed one year. It may make this formal notice public;
- where the data center fails to comply with the formal notice within the specified timeframe, impose an administrative fine, the amount of which is proportionate to the seriousness of the breach and the benefits derived from it. The fine may not exceed 50,000 euros per data center concerned.
A decree will determine the application of these provisions.