BAKGRUNN (fra kommisjonsforordnignen)

(1) Directive (EU) 2023/1791 addresses energy efficiency by setting energy efficiency targets at Union level and establishing a common framework of measures to promote energy efficiency within the Union. Moreover Directive (EU) 2023/1791 aims to contribute towards achieving a modern, resource-efficient and competitive economy in the Union, including by the establishment of a common Union scheme for rating the sustainability of data centres. 

(2) The Information and Communication Technology (ICT) sector is increasingly important in terms of energy consumption. The electricity demand of data centres is expected to be at 3.2% of the EU total by 2030, a 28% increase since 2018. The Union’s Digital Strategy highlighted the need for highly energy-efficient and sustainable data centres and called for transparency measures for telecommunication operators on their environmental footprint. 

(3) Pursuant to Article 12 of Directive (EU) 2023/1791, Member States are to require owners and operators of data centres to make publicly available the information regarding their data centres set out in Annex VII to that Directive. 

(4) The common Union scheme should set out the key performance indicators and the methodology to measure them and should establish data centre sustainability indicators on the basis of these information and key performance indicators. 

(5) Existing legislation, initiatives and standards in the data centres sector should be taken into account when establishing the key performance indicators and the sustainability indicators. 

(6) This Regulation defines that the data centre operators are the reporting entities. A data centre operator should make public and communicate to the European database the required information and key performance indicators for a data centre regardless of whether this data centre consists of one structure or a group of structures. A data centre operator should make public and communicate to the European database a separate set of information and key performance indicators for every data centre that has a different physical location even if these data centres are located in the territory of the same Member State. 

(7) A data centre park or campus is understood as a facility that houses more than one data centre. In this case, the operator of each data centre should make public and communicate to the European database a separate set of information and key performance indicators for every data centre in the facility. 

(8) In order to establish the Union scheme for rating the sustainability of data centres, it is necessary to collect data on their sustainability. Therefore, a reporting mechanism for data centres should be established specifying what information and key performance indicators should be reported as well as the methodologies for monitoring and measuring that information and those indicators. 

(9) Pursuant to Annex VII, point (c), to Directive (EU) 2023/1791, the key performance indicators are to measure the energy consumption, power utilisation, temperature set points, waste heat utilisation, water usage and use of renewable energy of data centres. 

(10) To ensure uniform reporting, and the availability of the reported data to the public in an aggregated form, and to properly inform the subsequent analysis of the data, the Commission is to establish, a European database on data centres, in accordance with Article 12(3) of Directive (EU) 2023/1791. For data centres to communicate the information and key performance indicators to the European database, the latter should provide for a common user interface as well as a common application programming interface. 

(11) Reporting data centres should ensure that the information and key performance indicators set out in the annexes to this delegated regulation are inserted in the European database on data centres. The information and key performance indicators should be used to provide a basis for transparent and evidence-based planning and decision making by Member States and the Commission, and to assess certain key elements of a sustainable data centre, including how efficiently it uses energy, how much of that energy comes from renewable energy sources, the reuse of any waste heat that it produces, the effectiveness of cooling and the use of water. To this end, a first set of data centre sustainability indicators should set out, based on the reported information and key performance indicators. 

(12) Pursuant to Article 12(1) of Directive (EU) 2023/1791, the information of data centres subject to Union and national law protecting trade and business secrets and confidentiality must not be made publicly available. Article 12(3) also requires that the European database be publicly available on an aggregated level. Thus, it is necessary to ensure that the key performance indicators and other information reported to the European database are kept confidential. 

(13) The Commission carried out a study, particularly on the necessity of a reporting scheme on the energy performance and sustainability of data centres, in order to establish the common Union rating system, which identified the main elements that should define the scope of reporting on the energy performance and sustainability of data centres. 

(14) The Commission has consulted relevant stakeholders and Member States representatives and gathered evidence, remarks and good practices on the scope, elements, information and key performance indicators that should be included in the common Union rating scheme. 

(15) The Commission has consulted the experts designated by each Member State in accordance with Article 34 of Directive (EU) 2023/1791, and gathered observations on the scope, elements, information and key performance indicators that should be included in the common Union rating scheme.