S.L. 545.42 Art. 6Obligation of waste heat utilisation.

(1) Data centre operators with a total rated energy input exceeding one megawatt (1MW) shall, following the 11th

October 2025, utilise the waste heat or other waste heat recovery applications, unless they can demonstrate that it is not technically or economically feasible in accordance with the assessment referred to in sub-regulation (2).

(2) Data centres operators shall carry out an installation level cost-benefit analysis in accordance with Part A of the Second Schedule in order to assess, at a minimum, technical feasibility, cost-efficiency and the impact on energy efficiency and local heat demand, including seasonal variation, of utilising waste heat to satisfy economically justified demand, and of the connection of such installation to a district heating network or to an efficient or renewable energy source-based district cooling system, or other waste heat recovery applications.

(3) The analysis referred to in sub-regulation (2) shall be carried out whenever a data centre with a total rated energy input exceeding one megawatt (1MW) is newly planned or substantially refurbished and shall consider cooling system solutions that allow removing or capturing the waste heat at useful temperature level with minimal ancillary energy inputs.

(4) Within six (6) months of the conclusion of a cost-benefit analysis carried out in accordance with sub-regulation (2), the data centre operator or the developer, as the case may be, shall communicate the information listed in Part B of the Second Schedule to the Regulator.

(5) Any data centres whose waste heat is used or shall be used in a district heating network or directly for space heating, domestic hot water preparation or other uses in the building or group of buildings or facilities where it is located shall be exempt from the application of this regulation:

Provided that such exemption may be subject to thresholds set by the Regulator, expressed in terms of the amount of available useful waste heat.