EU carbon rules / Regulations / Energy Efficiency Directive
In force Directive Energy & efficiency
Energy Efficiency Directive
Data centre reporting (Articles 11a/11b), energy audits
- Reference
- Directive (EU) 2023/1791
- Key date
- 2023
- Applies to
- Energy-using companies, data centres
01
Who the regulation applies to
This regulation applies to:
- Member States (must ensure the EU energy efficiency targets are met and set indicative national contributions for 2030; the EU-wide target is a reduction of at least 11.7% in final energy consumption by 2030 compared with the 2020 reference scenario, and Member States may maintain or adopt stricter measures)
- Public bodies (subject to public sector energy efficiency obligations, including public building renovation and public procurement requirements)
- ‘Obligated parties’ such as energy distributors, retail energy sales companies and electricity transmission system operators (subject to national energy efficiency obligation schemes)
- (Condition) Undertakings with average annual energy consumption exceeding 85 TJ over the past three years (must establish an energy management system by 11 October 2027 at the latest); undertakings with average annual energy consumption exceeding 10 TJ (must carry out an energy audit, the first by 11 October 2026 at the latest)
- (Condition) Owners/operators of data centres with installed IT power of at least 500 kW (must report energy performance and other information annually)
The following provisions define its scope:
Article 1 — Subject matter and scope
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s targets on energy efficiency are met and enables further energy efficiency improvements. The aim of that common framework is to contribute to the implementation of Regulation (EU) 2021/1119 of the European Parliament and of the Council (35) and to the Union’s security of energy supply by reducing its dependence on energy imports, including fossil fuels.
This Directive lays down rules designed to implement energy efficiency as a priority across all sectors, remove barriers in the energy market and overcome market failures that impede efficiency in the supply, transmission, storage and use of energy. It also provides for the establishment of indicative national energy efficiency contributions for 2030.
This Directive contributes to the implementation of the energy efficiency first principle, thus also contributing to the Union being an inclusive, fair and prosperous society with a modern, resource-efficient and competitive economy.
2. The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall comply with Union law. Where national legislation provides for more stringent measures, the Member State shall notify such legislation to the Commission.
02
What the regulation requires
| Duty | Trigger | Evidence | Timing |
Establish an energy management system and report energy consumption
Companies above the energy consumption threshold must carry out an energy audit or establish an EnMS. | Energy-using entities whose average annual energy consumption exceeds the threshold | Energy audit report, EnMS certification, annual energy consumption data | Phased from 2024 |
03
Key provisions
DIRECTIVE (EU) 2023/1791 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Article 1(1) — subject matter
This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union's targets on energy efficiency are met ... This Directive lays down rules designed to implement energy efficiency as a priority across all sectors ... It also provides for the establishment of indicative national energy efficiency contributions for 2030.
Article 4(1) — 2030 energy consumption reduction target
Member States shall collectively ensure a reduction of energy consumption of at least 11,7 % in 2030 compared to the projections of the 2020 EU Reference Scenario so that the Union's final energy consumption amounts to no more than 763 Mtoe. Member States shall make efforts to collectively contribute to the indicative Union primary energy consumption target amounting to no more than 992,5 Mtoe in 2030.
Article 11(1) — energy management system (>85 TJ)
Member States shall ensure that enterprises with an average annual consumption higher than 85 TJ of energy over the previous three years, taking all energy carriers together, implement an energy management system. The energy management system shall be certified by an independent body, in accordance with the relevant European or international standards. Member States shall ensure that the enterprises referred to in the first subparagraph have an energy management system in place at the latest by 11 October 2027.
Article 11(2) — mandatory energy audit (>10 TJ)
Member States shall ensure that enterprises with an average annual consumption higher than 10 TJ of energy over the previous three years, taking all energy carriers together, which do not implement an energy management system are subject to an energy audit. ... Member States shall ensure that the enterprises referred to in the first subparagraph carry out a first energy audit by 11 October 2026 and that subsequent energy audits are carried out at least every four years. ...
COMMISSION DELEGATED REGULATION (EU) 2024/1364
Article 3(1) — annual reporting to the European database
By 15 September 2024, then by 15 May 2025, and every year thereafter, reporting data centre operators shall communicate to the European database the information and key performance indicators set out in Annex I and Annex II regarding the data centre they operate. ... The information and key performance indicators shall cover the calendar year immediately preceding the reporting year. ...
Article 5(2) — public aggregated data
The information, and key performance indicators, communicated to the European database, and the data centre sustainability indicators, in accordance with Annex III, shall be made public in an aggregated manner, at Member State and Union level, in accordance with Annex IV.