Revision of energy efficiency requirements for data centres: an overview of the amendment to the Energy Efficiency Act

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On 9 April 2026, the Federal Ministry for Economic Affairs and Energy (BMWi) published a draft bill to amend the Energy Efficiency Act (EnEfG). The aim of the amendment is to respond to the significantly increased importance of energy-intensive infrastructure, particularly data centres, in terms of overall energy consumption, and to reduce the previously high implementation costs for businesses. Set out below is an overview of the key changes.

Relaxation of efficiency requirements

Compared to the current legal situation, the draft also provides for an adjustment of the limits for power usage effectiveness (PUE) (Sections 11 et seq. EnEfG). For existing data centres, PUE limits of ≤ 1.6 (instead of 1.5) will apply from 1 July 2027 and ≤ 1.4 (instead of 1.3) from 1 July 2030. For new data centres (commissioned from 1 July 2026), the permissible value will be raised from 1.2 to 1.3. In doing so, the legislator is taking account of more practical conditions without fundamentally calling the efficiency level into question.

Greater flexibility in the use of waste heat

Furthermore, the legal requirements regarding the use of waste heat are to be relaxed. The draft bill provides for a new exemption from the obligation to utilise waste heat if there is no technically and economically feasible connection to an existing or planned heating network within a five-kilometre radius. Furthermore, the BMWi clarifies that, under the existing exemption, simply offering waste heat to a heat network operator is sufficient, and it is no longer necessary to maintain the infrastructure required to supply the heat; instead, the provision of a vacant plot of land is sufficient. Similarly, the general obligation to avoid waste heat is to be replaced in future by an obligation to conduct a cost-benefit analysis when planning or significantly modernising a data centre.

No changes to energy and environmental management systems and renewable energy

The regulations on the implementation of an energy or environmental management system and on the accounting use of 100% renewable electricity will remain unchanged from 2027 onwards.

Although the amendment does provide for a general increase in the threshold for the introduction of an energy or environmental management system from 7.5 GWh to 23.6 GWh per year, this applies only generally to companies and specifically not to data centres.

Changes to terminology

In addition, the legal definition of the term ‘data centre’ is being further harmonised with European law. The current definition is being replaced by a reference to the definition in Regulation (EC) No 1099/2008, point 2.6.3.1.16 of Annex A.

Conclusion

The BMWi’s draft bill to implement the Energy Efficiency Directive provides an initial important impetus towards more practical efficiency requirements. For data centres in particular, the raised PUE limits and the significant simplifications regarding waste heat utilisation will result in a considerable reduction in the implementation burden. However, the draft is an early version produced by the Ministry. It must first be confirmed by the Federal Government and then passed by the Bundestag and Bundesrat. Implementation is therefore not expected until Q3 or Q4 2026.

执业领域和服务团队环境、规划与监管