The new standards

Data centres, from a single procedure to faster timeframes: this is how the government aims to boost the sector

The acceleration is contained in the new Energy Decree on which the Ministry of the Environment and Energy Security is working

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Simplified procedures and faster timeframes for authorising the operation of data processing centres (data centres) are on the way. The change of pace is contained in the new Energy Decree on which the Minister for the Environment and Energy Security, Gilberto Pichetto Fratin, is working, and which aims to ensure a more efficient and coordinated management of authorisation procedures and, at the same time, to guarantee compliance with environmental and safety standards. But what specifically do the new rules envisage? Here are all the new features in ten questions and answers.

1) What process will be envisaged for data centres?

In order to speed up the procedures for the granting of all authorisations to operate a data centre, a single procedure is introduced in line with the provisions of European legislation and the guidelines on the development of digital technologies with a view to competitiveness.

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2) Who will issue the authorisation?

According to the measure being studied by Mase, the authorisation for data centres and the related networks connecting users to the national electricity system, whatever their nominal voltage (i.e. power lines of nominal voltage up to and including 380 kV), will be issued, within a single procedure, by the authority responsible for the integrated environmental authorisation: up to 300 megawatts the region (or the province), above this threshold the Ministry for the Environment and Energy Security

3) May the function of competent authority be delegated?

Yes, but within certain boundaries. The decree states, in fact, that it cannot be delegated to sub-provincial bodies. The objective is clear: to guarantee centralised and competent supervision in compliance with environmental regulations and to prevent this type of procedure from burdening the municipalities, which may have structural and technical difficulties and a shortage of suitable environmental professionals.

4) What documentation must operators submit?

The proponent must submit an application complete with all the documentation necessary for the issuance of permits, authorisations, understandings and concerts required by sectoral regulations. This will allow for an overall assessment of the project within the single procedure.

Energia, Pichetto Fratin: "Nel decreto regolamentazione dei data center"

5) How long will the single procedure take?

The procedure must be concluded within ten months from the verification of the completeness of the documentation, with half deadlines (except for public comments, which cannot be reduced to less than 30 days) for environmental impact assessments. This timeframe cannot be extended, except in exceptional cases and in any case for a maximum of ninety days, due to the nature, complexity of the project, location or scope of the project.

6) When is the authorisation granted?

The authorisation will be issued after a services conference: this will be the hub that will ensure the involvement of all the competent administrations for the issuing of the authorisations necessary for the operation of the data centres. And, as part of the services conference, the verification of subjectivity to the EIA (environmental impact assessment) will also be acquired, which is the responsibility of the state, for plants above 50 MW (or 25 if the threshold is halved) or the EIA, also the responsibility of the state, for plants above 150 MW.

7) Will a faster procedure be established for projects considered strategic?

Yes. The measure establishes that, for projects declared to be of national strategic interest, authorisation will follow the accelerated procedures provided for in Decree 104 of 2023, according to which the government may decide, on the proposal of the Ministry of Enterprise and Made in Italy, on the pre-eminent national strategic interest of large investment projects that require integrated and coordinated administrative procedures of local authorities, regions, autonomous provinces, state administrations and other public bodies or entities of any nature. And, in this regard, an extraordinary government commissioner may be appointed to ensure the coordination and administrative action necessary for the timely and effective implementation of the investment programme.

8) What happens to projects with environmental authorisations when the DL comes into force?

According to the decree, data centre projects that have already obtained, at the date of entry into force of the measure, the necessary permits for the realisation of the project itself - whereby the necessary permits are understood to be all the environmental measures adopted by the authority identified as competent - and that require the connection of utilities with a voltage greater than 220 kilovolts, may request authorisation for the realisation of the connection works from the territorially competent region.

9) What happens in the absence of the necessary authorisations?

If the authorisations for the implementation of the data centre project have not been obtained, it is not possible to apply to the region responsible for the connection works.

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10) Which is the competent region if the connection works fall on more than one territory?

If the grid connection works fall on the territory of more than one region, the competent authority for granting the authorisation is the region on which the largest portion of the grid connection works to be realised is located.

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