Draft Royal Decree regulating energy efficiency and sustainability of data centres in Spain

In August 2025, the Spanish Ministry for Ecological Transition and Demographic Challenge (MITECO) submitted the Draft Royal Decree regulating the energy efficiency and sustainability of data centres (the Draft RD) for public consultation and hearing process. This Draft RD partially incorporates and develops the European regulations in Spain, while introducing additional obligations beyond what is required by these regulations.

Key new provisions include: (i) an annual obligation to report environmental and socio-economic indicators; (ii) mandatory reuse of residual heat; (iii) disclosure of compliance with the EU Code of Conduct on Data Centre Energy Efficiency; and (iv) for data centres with a power capacity of over 100 MW, the need to provide evidence that they are among the top 15% of facilities with the best sustainability indicators.

Particular attention should be given to the controversial Article 7, which links the granting of permits for access to and connection with electricity networks (permisos de acceso y conexión) to prior compliance with these new obligations.

When will the Draft RD come into force?

Currently, the Draft RD is still just that: a draft. However, it has reached an advanced stage in the legislative process. The only pending step is the report from the Council of State, after which it can be submitted to the Council of Ministers for approval.

Given that the deadline for transposing Article 12 of Directive (EU) 2023/1791 (which is one of the Draft RD's key objectives) is 11 October 2025, it is likely to come into force in the coming weeks.

In any case, the text analysed below is not yet final, and the legislator could still make changes before final approval.

Which projects are affected by the Draft RD?

For the purposes of the Draft RD, a data centre is defined as any structure used to house, connect and manage computer systems or servers, and the associated equipment used for storing, processing or distributing of data, as well as any related activities (section 2.1). The Draft RD therefore adopts the harmonised definition of Regulation (EC) 1099/2008. However, section 3.4 expressly excludes data centres used solely for defence and civil protection purposes.

What obligations does the Draft RD impose? Who is the subject to these obligations?

The Draft RD establishes four types of obligations for operators, developers and owners of projects that exceed certain thresholds.

(*) To determine the power of a data centre, the sum of the nominal power demand of the network, servers, and storage equipment installed in the data centre's computer room will be taken into account (section 2.3).

(**) In accordance with section 2.2, an operator is considered to be one that complies with Delegated Regulation (EU) 2024/1364, that is, an operator of an enterprise data centre, an operator of a colocation data centre or an operator of a co-hosting data centre.

(***) Residual heat refers to the heat generated by servers and information technology equipment during operation that is not used for its primary purpose and could be recovered and repurposed (section 2.4).

What does the obligation to report on specific indicators entail? Which indicators are these? How often does reporting need to be done?

Operators of data centres with a power capacity of ≥ 500 kW must report the information set out in Annexes I (identification data) and II (key performance and sustainability indicators) of Delegated Regulation (EU) 2024/1364 to the Directorate-General for Energy Planning and Coordination (Energy Directorate) annually (before 15 May). The Energy Directorate will then forward this information to the European Database on Data Centres.

For the indicators in Annex II relating to total energy consumption, electricity grid functions, total potable water input, and reused residual heat, operators must also include a strategy for minimising these impacts shall also be included, as well as a report on the implementation of this strategy for previous financial years.

In addition, the Draft RD requires operators to provide further information not derived from Delegated Regulation (EU) 2024/1364, with the same frequency and within the same time frame:

• Data relating to the estimated employment generated, along with justification for the calculations performed. This data shall include:
  •  Direct employment (jobs created by the data centre's own activity).
  • Indirect employment (jobs created by other companies as a result of the data centre's operations).
  • Qualification of the jobs created, based on the Spanish Qualifications Catalogue's classification of occupations and the level of education required.
  • Territorial impact, taking into account the following indicators:
    • Volume of employment created or maintained, measured through the regional employment rate and net employment growth.
    • Contribution to territorial cohesion, evaluating the effect on rural or depopulated areas, or in areas with a declining populations or high rates of structural unemployment.
    • Improvement in employment accessibility, including infrastructure, transport, and labour mobility.
• Analysis of the expected impact on the local and national economy, including justification of how this impact will be achieved.
• Location of potential customers, as well as the origin and destination of the data to be stored or processed, by country (without identifying customers).

Although the specific method for fulfilling this obligation will be set out in future regulatory developments, it is anticipated that the submitted information will be made publicly available on MITECO's website (www.miteco.gob.es).

Data centres that already hold permits for access to and connection with electricity transmission or distribution networks (permisos de acceso y conexión) at the time the Draft RD comes into force, must submit all the information referred to in this section within three months.

What does the obligation to reuse residual heat entail? Is it mandatory in all cases? What is the timeframe for implementing the necessary adaptations?

Data centres with a total nominal energy input exceeding 1 MW must use residual heat to provide climate control services or other heat-related applications.

To this end, developers and owners must prepare a utilisation plan proposal including a cost-benefit analysis evaluating the technical, economic, financial, and socio-environmental viability of the project. The proposal must also comply with the principles set out in Annex 1 of the Draft RD.

Reuse of residual heat will only be mandatory if the cost-benefit analysis is favourable and ratified by the relevant energy efficiency authority of the autonomous community or the city of Ceuta or Melilla (Regional Energy Authority), without any local administrative obstacles.

If the analysis is unfavourable (not technically or economically viable), implementation of the system will not be required, although the Regional Energy Authority must still ratify this outcome. An unfavourable analysis may also affect applications for planning permission and the permits for access to and connection with electricity transmission and distribution networks.

The deadlines for preparing the cost-benefit analysis and implementing of the utilisation plan shall be as follows:

• New data centres: The analysis must be carried out during the project phase, before licences and permits are applied for.
• Existing data centres: The analysis must be carried out three years after the Royal Decree comes into force.
• Renovations: If the renovation is major (cost > 50% of anew unit), the analysis must be carried out during the project phase. If the renovation is minor, the analysis must be carried out within the same timeframe as if there were no renovation.
• System implementation: If the result is favourable and ratified, the system must be implemented within five years of ratification (or within three years if aid or market mechanisms are opted for).

In any case, a new cost-benefit analysis must be carried out every five years from the last one.

All of this regulation is included in Article 5 of the Draft RD, which is currently drafted with limited legislative precision. Consequently, it will be necessary to await the final draft in order to carry out a more detailed study of the possible implications of this new obligation.

What does the obligation to report on compliance with the European Code of Conduct entail?

Developers, owners and operators of data centres with a power rating of ≥ 1 MW must submit a communication to the Energy Directorate indicating how they are taking into account the best practices included in the latest version of the European Code of Conduct on Energy Efficiency in Data Centres, or other equivalent standards.

The procedure for reporting this information, including the deadlines, will be subject to further regulatory development.

What does the obligation to demonstrate compliance with industry best practices entail?

Developers, owners and operators of data centres with a power rating > 100 MW must demonstrate compliance with the sector's best practices. This means that the data centre in question must be among the top 15% of facilities in terms of performance for the relevant indicators. These will include, at least, power usage effectiveness (PUE), water usage effectiveness (WUE), energy reuse factor (FRE) and renewable energy ratio.

Although the Draft RD does not clarify this point, we understand that only data centres with a capacity above 100 MW will be considered when calculating the top-performing 15%, as including lower-capacity facilities would significantly distort the evaluation.

In any case, further details of all the indicators, as well as instructions for calculating their weighting for the purposes of the aforementioned purpose, will be subject to subsequent regulation.

What happens if any or all of the above obligations are not met?

As of the entry into force of the Draft RD, the granting by network operators of new permits for access to and connection with electricity transmission or distribution networks (permisos de acceso y conexión) is conditional on proof of compliance with all the above obligations (together with those provided for in Chapter III of Royal Decree 1183/2020 on access to and connection with electricity networks).

This is regulated in section 7 of the Draft RD which introduces direct regulatory risk, as the granting of network access - a critical asset for the project - depends on documentary and technical compliance with environmental and energy efficiency obligations which are not yet detailed in the regulations.

For data centres that already have permits for access to and connection with electricity transmission or distribution networks, proof of compliance with these obligations is a prerequisite for signing the technical contract for access to the network (as set out in the single transitional provision, second paragraph, of the Draft RD).

How should industry stakeholders prepare in view of the forthcoming entry into force of the Draft RD?

The Draft RD redefines the rules for developing and financing data centres in Spain, introducing additional compliance requirements that could affect capex, construction deadlines, and the bankability of projects.

From now on, it will be advisable to: (i) evaluate the incorporation of schedule and price adjustment clauses in EPC contracts and PPAs based on the effective obtaining of permits; (ii) map residual heat sources and potential off-takers at an early stage to minimise the risk of the reuse plan being unfeasible; and (iii) set aside liquidity reserves for additional investments in efficiency (e.g. upgrading from air cooling to adiabatic systems).

Ashurst Spain's leading multidisciplinary data centre team can assist you with project structuring, due diligence, contract negotiation and regulatory strategy, helping you to maximise certainty and return in an evolving legislative framework.