Confusion reigns over EED May 15 reporting deadline

Article 12(1) of the updated EU’s Energy Efficiency Directive (EED), which entered into force on September 13, 2023, requires data center operators to provide an information report as defined in EED Annex VII (Table 1) for each of their EU data center locations by May 15, 2024. The EED directs member states to “bring into force the laws, regulations and administrative provisions” (Article 33) to transpose this reporting mandate into national law before May 15, 2024.

However, as of March 21, 2024, no member state has passed legislation and regulations defining the full Annex VII reporting obligations and procedures, and it is doubtful that this situation will be rectified before May 15. The lack of timely action by the European Commission and the member states means it is unlikely data center operators will be able to comply with the first report submission deadline.