On 18 February 2026, the Council of Ministers approved the so-called “Energy Bills Decree”, which is part of a transformation of the national electricity system that seeks to combine consumer protection with industrial competitiveness and energy security, further influencing energy costs.
The regulations relating to data centres were particularly eagerly awaited: the heterogeneity of the parties involved in the authorisation procedures, in addition to the lack of consistency in the regulatory framework, had hitherto led to serious obstacles to the development of data centres in Italy.
Furthermore, from a forward-looking perspective, it is necessary to take into account the impact of data centres on electricity grids, given the enormous amount of energy that their operation will consume.
The Energy Bills Decree now paves the way for definitive regulation of the sector.
The preamble to the Decree refers to the European regulatory framework and, in particular, ‘Delegated Regulation (EU) 2024/1364 of the European Commission of 14 March 2024 on the first phase of the establishment of a common Union classification system for data centres’, which highlights the coordination between national and European regulations on data centres. Furthermore, the Decree refers to ‘the extraordinary need and urgency to introduce measures aimed at promoting the resolution of the virtual saturation of electricity networks and the integration of data processing centres into the electricity system‘, thus clarifying that the regulatory intervention is intended to address the growing impact of digital infrastructure on the electricity grid.
It is in this context that Article 8 of the Decree, dedicated to the authorisation profile of data centres, is introduced. The aforementioned provision stipulates that authorisation for the construction and expansion of data centres, as well as for the related user connection networks, of any voltage, is now granted through a single procedure by the authority competent to issue the integrated environmental authorisation (AIA). For projects already submitted to regional or provincial AIA procedures, the power to issue the authorisation will not be delegated to sub-provincial authorities.
These provisions suggest that the decision to concentrate authorisation powers in this area in the hands of the AIA authority responds to the need to ensure a qualified technical assessment that avoids fragmenting the decision-making process, which, as we have seen, has been one of the main critical issues for the development of data centres to date.
In order to obtain the single authorisation, the applicant is required to attach to the application all the documentation and project plans required by the specific sector regulations for the issue of authorisations, agreements, licences, opinions, concerted actions, clearances and approvals, including those necessary for integrated environmental authorisation, environmental impact assessment, landscape or cultural authorisation, water use and atmospheric emissions. In the case of projects subject to environmental impact assessment (‘EIA’), the application must also contain a public notice certifying the submission of the application, indicating any consent required. This establishes a model in which the competent authority coordinates all the necessary assessments within a single procedure.
The Decree also sets a specific time limit for the conclusion of the single procedure. In fact, this procedure shall not exceed ten months from the verification of the completeness of the documentation, while the deadlines for environmental impact assessments are halved. The ten-month deadline may be extended only in exceptional circumstances and in any case for a maximum of three months, depending on the nature, complexity, location or scope of the project.
Authorisation is granted following an (asynchronous) service conference attended by all the competent authorities, including those responsible for environmental protection, landscape, cultural heritage, health and public safety. However, if the project is declared to be of national strategic interest, the single authorisation, which replaces any other necessary title, is granted in a single procedure under the jurisdiction of the Government’s Special Commissioner for the implementation of investment programmes of national strategic interest.
With regard to the connection of data centres to the electricity grid, for projects requiring a connection with a voltage exceeding 220 kV and which, as of the date of entry into force of the Decree, have already obtained the necessary permits, including environmental measures, the authority responsible for authorising the connection works is identified as the region concerned, or, in the case of works extending across several regions, the competent authority is the region in which the majority of the works are to be carried out..
The Decree therefore introduces an authorisation framework that establishes clear deadlines for the completion of the procedure and concentrates the relevant assessments within a limited decision-making body. The challenge of this Decree and, in general, of all the legislation that will regulate data centres, is and will remain that of ensuring their integration into the national electricity system, which is subject to structural constraints and must safeguard the security and sustainability of the grid.
Edited by: The Energy & Environmental Law Team