I propose to take Questions Nos. 297, 298, 299, 300 and 301 together.
Article 12 of the Energy Efficiency Directive 2023/1791 (‘EED’) provides for an obligation for Member States to require that owners and operators of certain sized data centres to make publicly available information on key metrics on their energy and sustainability performance. The Article specifically mandates an exception to this requirement where the information is subject to Union and national law protecting trade and business secrets and confidentiality.
As part of the implementation of Article 12 of the EED it is supplemented by the directly effective Commission Delegated Regulation 2024/1364 that requires the same in-scope data centre operators to make public and report annually key performance indicators to a confidential European database on data centres which has been established by the European Commission in accordance with Article 12 (3). Article 5 of the Delegated Regulation legally requires that the European Commission and all Member States shall keep confidential all information for individual data centres communicated to and in the database.
My Department is the Member State coordinator overseeing reporting by data centres operating in Ireland. Data centres in Ireland are already reporting this information to this confidential EU database for all reporting cycles and officials in my Department are engaging with the sector and the Commission on this reporting. The Commission will make its database publicly available in an aggregated manner in accordance with the Delegated Regulation.
While the Delegated Regulation itself does not specify penalties for non-compliance, it is intended that this will form part of the transposition of Article 12 requirements to also ensure compliance with these obligations.
My Department has progressed drafting of the relevant legislation in respect to the transposition of Article 12 to an advanced stage. This includes the finalisation of arrangements for assignment of compliance oversight functions to the appropriate public body which my Department is seeking to complete and implement as soon as possible. This is an important and complex measure that has required careful reflection.
