Emilio Díaz (Spain DC): "We request a one-stop shop to create data centers within a reasonable timeframe and predictability in energy access"

The president of the Spanish Association of Data Centers chats with DEMOCRATA about the challenges facing the sector in full boom and with Europe aiming for sovereignty and strategic autonomy

9 minutes

ILUSTRACIONES TEMAS (21)

ILUSTRACIONES TEMAS (21)

Add DEMÓCRATA to Google

Ask FREN

Published

Last updated

9 minutes

Most read

Spain is experiencing a real race to become one of Europe's major hubs for data centers. The arrival of tech giants, the rise of artificial intelligence, and multi-billion euro investments have put the country on the map for a strategic industry. However, the sector warns that success will not depend solely on the ability to attract capital, but on resolving the bottlenecks that threaten to slow its growth.

In this interview with DEMÓCRATA, the president of Spain DC, Emilio Díaz, argues that Spain has the conditions to lead this transformation, but calls for greater administrative agility, predictable energy planning, and a state vision to avoid missing an opportunity that other European countries are also vying for.

 

Question: Spain is an ideal enclave and is experiencing a sort of data center boom, but is our country prepared to absorb that growth, or are we lagging behind demand?

Answer: Resoundingly yes, we are prepared. Like anything, it has its challenges that must be overcome, and we should work in this sector because it is very interesting for the country and as an industry. We must turn the challenges into something we can overcome with ease to continue in this fight that began many years ago, especially far from Europe, in the United States and China.

In the last 10 years, it has also become very relevant in Europe. In Spain, specifically, it was around 2018 and 2019 when we began to talk about data centers in a sustained way. What triggered all of this is the arrival of hyperscalers in Spain. Amazon arrived in Aragon, and there was a ripple effect.

 

Q: In DEMÓCRATA, we have spoken with various sector agents and published information about one of their concerns: the lack of connection points to the electrical grid. Is this the main bottleneck?

R: In those challenges I mentioned, the main difficulty we have in growing at the speed the market demands is access to energy, which is not a simple issue. Spain has advantages. We have sun, wind, there have been very powerful investments in renewables… This will undoubtedly give us an advantage in the future, both in cost and availability, in generating the clean and cheap energy we seek. The difficulty is how it is distributed and how it is transported to places where we need to consume that energy, where the data centers are located. The location is not arbitrary; it depends on the type of data center to be built. Some are within cities, closer, and others, everything related to artificial intelligence, are more distant because the requirements are different.

Yes, this is the main problem we have, and from Spain DC, we work with all the actors, and there are many, to solve them: the central government through the Ministry of Ecological Transition, autonomous communities, city councils, distributors, electricity companies, etc. There is still a long way to go for it to be predictable, which is what we from the sector are asking for, predictability about when we will be able to have access to energy at a certain point to be able to pace investments and convince or explain to your clients 'we can do this, but unfortunately, we cannot have access until 2029'.

There is still a long way to go for it to be predictable, which is what we from the sector are asking for

You request an access and connection point today, they can grant it to you, and there is no predictability on whether you will have it in five years, three, two, or one. We would be satisfied if there were predictability.

We would be satisfied with this to be able to explain to the client when they implement with an operator or themselves. It is always done with a short-term implementation, medium-term, and a long-term vision; that is, I am going to start with a 20-megawatt data center, but my perspective is to be at 100 megawatts in five years. This is the path we must guarantee if we want investments to stay with us. Aragon is doing very well and is an example within Spain of acceleration and predictability.

 

Q: How can that predictability you speak of be solved? Is it a matter of infrastructure, a regulatory matter, fragmentation…?

A: It's the three things. There is a very complex permitting process for us, for energy distributors, and for the electricity grid itself, I understand it's the same for the Autonomous Communities and the city councils, each with their own responsibilities. What we are requesting is a one-stop shop where you can set up a data center within a reasonable timeframe and someone tells you there are no environmental problems, that the building permit can be obtained with the corresponding projects, and that the energy will be available in two years. To synchronize everything. It's a complete flow to paint because each Autonomous Community and each city council has to do something afterwards. All investments are contemplated in the General State Budgets and, with the situation we have [without PGE], I don't know if they are being contemplated as they should be.

I was saying that Aragon is an example because it assumes the large part of that workflow and organizes it. It doesn't speed up the timeline, but at least you know when the energy is available.

 

Q: Are we moving towards that one-stop shop?

A: Well, we ask for it whenever we have the opportunity. In Aragon, the deployment of data centers began with the previous socialist government and continues afterwards because there is absolute consensus between the two political groups [PP and PSOE]. There are no comparable investments: 70,000 or 80,000 million euros. When we talk about car factories, which Aragon also does very well in attracting, we are talking about 3,000 or 4,000 million euros. Amazon has expanded its investment window precisely in Aragon and is talking about 18,000 million, which, as a country, is very significant.

We ask for administrative processes to be streamlined. When the technical process requires expropriation to lay a cable, it takes its time and no one disputes it, but it makes no sense to waste too much administrative time.

There are no comparable investments: 70,000 or 80,000 million euros. We ask for administrative processes to be streamlined

We also encounter something we don't quite understand. In certain segments, there is disagreement with data centers. We argue that it is a modern industry, that it generates quality jobs, that it attracts millionaire investments, and that it guarantees the country's sovereignty. Without your own data centers in your territory, there is no data sovereignty.

It is an interesting market that perfectly coexists with any other industry, such as tourism, fishing, or agriculture, which we defend. It also generates a great ecosystem around it. In the Community of Madrid, companies and thousands of jobs have been developed around the deployment of data centers in areas such as Alcobendas or Alcalá de Henares.

It is positive for developing areas. Nearby universities are beginning to develop chairs dedicated to this world, a startup ecosystem is developing that is establishing itself around the regions where data centers are located.

 

Q: This development is undeniable, but there are also critical voices, for example, because it has been detected that data centers raise the temperature of the places where they are located, access to water is limited in a country like Spain, and they produce energy expenditure. Are these issues being polished or solved?

A: I'll go in order. The issue of water is a recurring question. There are old constructions that use water. You have to consider where you are locating. If you do it in a Nordic country, you forget about water consumption. In Spain, you restrict water consumption within the data center. The technology is there to use it, and with modern developments, consumption is residual. In general, they are closed water circuits with refrigerants. You have to fill it at the beginning, but after that, there is no evaporation, which is what caused water loss.

As for temperature, it's not like we release 30-degree heat either. I mean, look at the heat here in Madrid. There is district heating, the ability to channel the heat you generate to heat a university, a residential building... We don't manage to get heat out at more than 30-32 degrees, which is nothing for global warming. I think this is a myth.

And access to energy, well, I mentioned it at the beginning. What do we request? In Spain there are five-year plans. The current one is the 2020-2025 Plan and we are awaiting the 2025-2030 one, which will say what infrastructures will be available in that period of time. But it is 2026 and we still do not know it. And from the previous Plan there are unfinished things that will conclude in 2027, 2028 or 2029. If we want to be in that fight for modern industry and what Europe demands… Europe is going to launch several directives. I always like to say that Madrid does not compete with Barcelona, nor Barcelona with Bilbao. Madrid competes against Milan, Barcelona against Marseille and the Nordic countries. We have the competition outside.

From Spain DC, which I take this opportunity to say that we are almost 300 partners at the moment and we bring together not only data center operators but the entire value chain of the industry, we want to structure Spain with data centers. Not only in Madrid, Barcelona or Valencia. There are types of data centers that have to be in Madrid and others, in Extremadura.

 

Q: The five-year plan no, but what the Government has done is introduce a new fee for data centers. What real impact can it have on investments? It affects precisely the predictability you mention.

A: We partially agree with the royal decree you are referring to, and partially disagree. We are the first interested parties in avoiding speculation, and the fee is against the speculation of people who have an access point and want to resell it to a third party.

What the RD says is, if I make certain economic payments, whoever is not going to build a data center and whose only intention is to make an economic profit, I will penalize them by imposing fees that will make them desist at a given moment. It is a measure that may be reasonable, but it does not promote predictability because payments begin, and four or five years may pass, and if it has not been fulfilled, nothing happens, they continue paying all this. They start to be significant amounts when you put millions in a pot, and within three months, a few more…

We are the first interested parties in avoiding speculation, and the fee is against the speculation of people who have an access point and want to resell it to a third party

The worst part of the royal decree is the discretion to decide if a [connection] point is complex. If there is a cement company and a data center, we want to see no prioritization of data centers over other industries, which we neither understand nor respect. The investment is brutal, wild, and we believe one must be very serious when regulating. If we compete among industries, we will lose that opportunity with European competitors.

 

Q: With all this we are discussing, I wonder if Spain continues to be that ideal country to attract this type of investment. And I'm going to a specific and vital topic for the sector: the Spanish candidacy to host one of the EU's five AI gigafactories.

A: I don't know the project in detail, we haven't been asked to participate as Spain DC, but of course, we support the project. I think it's good for Spain. It can undoubtedly be a handicap when you compete with someone who can have that energy available in two years. Hopefully, they get it and the procedures can be accelerated and they have the necessary network connectivity.

 

Q: I conclude this chat with the feeling that Spain has all the ingredients, but it lacks the articulation of the menu to be a top-tier restaurant. If it were up to you, what measures would be implemented starting tomorrow?

A: I think it's unstoppable. We have connectivity with the rest of the world, an ideal position between the Middle East, Africa, and the rest of Europe, wonderful engineers, and the investment is ready. I believe that the one-stop shop is the solution, but not the only one.

The energy issue needs to be resolved. We are not asking for energy in 14,000 places in Spain, but in concentrated points: in Madrid, in the Henares and Alcobendas area; in Valencia, in the Paterna area; in Barcelona, in two places; in Arasur… We are talking about seven or 10 spaces in which the network needs to be strengthened. That it's complicated, we don't dispute that; if private investment is needed, it's ready.

And contingency measures are needed. When things don't go down path A, you look for plan B and plan C. Here, only A exists, which is network planning. We will have many things resolved there. We'll see when it comes out.

 

The conversation ends as it began: with optimism, but also with a warning. Emilio Díaz insists that the opportunity remains intact and that the investment is ready to arrive, as long as the rules of the game are favorable. "The industry is unstoppable," he maintains. The unknown, he concludes, is not whether Spain can become a European data center powerhouse, but whether it will be able to do so before that window of opportunity closes and investments take another direction.

More key points, information and questions with FREN

AI-GENERATED CONTENT

What parliamentary procedures would be necessary to establish a national single window for data centers in Spain?

To establish a national single window for data centers in Spain, in practice, a law-level regulation would be needed to articulate competencies, procedures, and inter-administrative coordination. The usual approach would be for the Government to promote a bill, either sectoral or ordinary, although it could also originate from a private member's bill by parliamentary groups. Alternatively, in an urgent context, the Executive could resort to a royal decree-law, which must later be ratified by the Congress. In any case, if the measure affects already existing frameworks (urban planning, energy, administrative simplification), it would be necessary to amend those laws through the same parliamentary channels.

a) Ordinary law or specific sectoral law

The most stable way to create a national single window would be through a legislative initiative that regulates both its creation and its operation and relations with autonomous communities and local entities.

Initiation of the initiative
  • Government bill: the Council of Ministers approves a preliminary draft, which has previously undergone a public consultation phase and, if applicable, hearings. After approval, it is sent to the Congress as a bill.
  • Private member's bill: it can come from a parliamentary group, a group of deputies, the Senate, autonomous assemblies, or by popular legislative initiative. It is presented directly to the corresponding Chamber and follows a procedure similar to that of government bills.
Procedure in the General Courts

Once the initiative is registered, the ordinary legislative process applies in both the Congress and the Senate:

  • Congress of Deputies: this is the usual chamber of initiation. The initiative is submitted for consideration (if it is a private member's bill) and, if accepted, enters the full legislative process. The text may be subject to amendments and modifications by parliamentary groups in the phases provided by the ordinary procedure.
  • Senate: once the text is approved in the Congress, it is sent to the Senate, where it can also be debated and amended according to its own rules. The Senate can approve the text, introduce amendments, or, in certain cases, propose a veto.
  • Final approval: the resulting text, after interaction between both Chambers, becomes law if it passes the final votes, is sanctioned by the King, and published in the Official State Gazette.

In this procedure, parliamentary groups play a key role by introducing amendments that condition the scope of the single window (for example, which procedures it integrates, the level of coordination required with autonomous communities, or the administrative deadlines set).

b) Option of royal decree-law

If the Government considers there is an extraordinary and urgent need (for example, to attract immediate investments in data centers), it could approve the measure through a royal decree-law, which does not go through public consultations or prior hearings, but directly through the Council of Ministers.

The key procedures would be:

  • Approval by the Council of Ministers: the Government adopts the royal decree-law that creates the single window or establishes its basic framework.
  • Ratification in the Congress: the Congress of Deputies must debate and vote on the ratification within the period established by the Constitution. Parliamentary groups can use this moment to set political positions and condition future legislative developments.
  • Possible processing as a bill: the Congress may agree that the royal decree-law be processed as a bill through the urgent procedure, thus opening a broader period for amendments and modifications, which would allow adjusting the design of the single window.

In this scenario, the margin to include political conditions is especially intense during the ratification debate and, if applicable, in the subsequent processing as a bill.

c) Amendments to existing laws

The creation of a national single window for data centers would likely require tweaking existing regulations (for example, in land use planning, energy, or administrative procedures). These modifications would also require a law (bill or private member's bill) or, if applicable, a royal decree-law affecting several regulations at once.

The usual approaches are:

  • Omnibus or sectoral law: a single text that, in addition to creating the single window, modifies the relevant articles of the affected laws. All these changes are processed jointly in Congress and Senate.
  • Successive partial reforms: different legislative initiatives that, in a staggered manner, adapt each sector (urban planning, energy, administrative simplification) to the single window model.

In any case, the points where political or technical changes can be introduced are the moments of submission of amendments by the groups, both in the Congress and in the Senate, as well as the political agreements the Government must reach with supporting groups to ensure the necessary majorities.

What state and regional competencies would need to be coordinated for the data center single window to be legally viable? What differences would there be between a single window regulated by law and a simple administrative coordination protocol? At what parliamentary phase are most substantive changes usually introduced in administrative simplification laws like this?

What are the competencies of an autonomous community versus a municipality in granting licenses for data centers?

What legal and environmental requirements must a data center meet to obtain a building permit in Spain?

A data center in Spain needs, to obtain a building permit, to comply with the municipal urban planning licensing regime and, at the same time, adhere to a set of basic state-level environmental and technical-constructive requirements. The permit is always granted by the municipality, but it must do so in accordance with its planning and ordinances and the basic state framework regarding land, environmental assessment, water, pollution, noise, energy efficiency, and waste. In large data centers, in addition to the building permit, specific environmental assessment procedures and integrated environmental authorizations may be triggered due to their installed power, generators, cooling systems, and storage of fuels and batteries.

1. Urban license and land regime

The basic framework is the consolidated text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015 (TRLSRU 2015). This regulation establishes, among other elements:

  • Conditions of the right to build and duties of urbanization and land transfer.
  • Need for an express act to authorize new construction and land uses, which autonomous communities and municipalities develop in their legislation and ordinances.
  • Respect for territorial and urban planning and environmental protection, including the Natura 2000 Network, as reiterated by constitutional jurisprudence (for example, STC 134/2019 cited in the Land Law reference).

In practice, the data center construction project must be compatible with the classification and qualification of the land, buildability, and permitted uses by the general plan and, if applicable, by special or sectoral plans (industrial parks, technology parks, etc.).

2. Environmental assessment of projects

Law 21/2013, on environmental assessment (Law 21/2013, amended by Law 9/2018, [link]) unifies strategic environmental assessment and project environmental impact assessment. It does not explicitly mention “data centers,” but these may be included, case by case, as:

  • Industrial or infrastructure facilities comparable to categories in annexes I and II (due to their energy equipment, cooling, associated power lines, etc.).
  • Actions in sensitive areas (protected spaces, public domains, etc.), where the threshold for requiring assessment is lower.

If the project is subject to environmental assessment, to grant the building permit the municipality must comply with the resulting environmental impact declaration or report.

3. Air pollution, industrial emissions, and noise

Large installations may be subject to the consolidated text of the Law on Integrated Pollution Prevention and Control, approved by Royal Legislative Decree 1/2016 (TRLPCIC), developed by the Industrial Emissions Regulation (RD 815/2013). This may require an integrated environmental authorization for installations with certain power levels or types of combustion (generators, boilers, etc.). No further information is available in the consulted sources about specific thresholds applicable to data centers.

Regarding noise, Law 37/2003, on Noise (Law 37/2003) and its regulatory development in Royal Decree 1367/2007 (RD 1367/2007) set acoustic quality objectives and emission limits according to zoning. Cooling, ventilation, and backup equipment must be designed to comply with these levels, which are incorporated as technical conditions in the municipal permit.

4. Energy efficiency and construction conditions

The building design is governed by the Technical Building Code, approved by Royal Decree 314/2006 (CTE), amended, among others, by Royal Decree 732/2019 ([link]). Among other things, it includes basic requirements for:

  • Energy saving (section HE), which condition the envelope, installations, and control systems.
  • Structural safety, fire protection, usability safety, and accessibility, applicable to any tertiary-use building.

Thermal installations are regulated by the Thermal Installations in Buildings Regulation, approved by Royal Decree 1027/2007 (RITE), amended, among others, by Royal Decree 178/2021 ([link]). This directly affects room air conditioning, cold and heat production, and ventilation systems, and is verified in the basic and execution project submitted to the municipality.

5. Water, discharges, and cooling

When the data center uses water for cooling, intakes or discharges are subject to the consolidated text of the Water Law, approved by Royal Legislative Decree 1/2001 (TRLA), and the Hydraulic Public Domain Regulation approved by Royal Decree 849/1986 (RDPH). The following may be required:

  • Concessions or authorizations for occupation and use of the hydraulic public domain (intakes, conduits, discharges).
  • Discharge authorizations and, if applicable, discharge control fees, which must be consistent with the construction solution authorized in the building permit.

6. Waste, WEEE, batteries, and hazardous substances

Law 7/2022, on waste and contaminated soils for a circular economy (Law 7/2022) establishes the general regime for waste production and management, including hazardous waste. In the case of data centers, the following are especially relevant:

  • Waste electrical and electronic equipment regulated by Royal Decree 110/2015 (RD 110/2015), amended by Royal Decree 27/2021 ([link]).
  • Waste from batteries and accumulators (backup batteries), regulated through Royal Decree 106/2008 and its amendments, which condition the design of storage and safety measures.
  • Possible storage of fuels and chemicals (diesel tanks for generators, etc.), subject to chemical product storage regulations, particularly Royal Decree 656/2017 ([link]).

These requirements are usually reflected in environmental reports and project plans, and municipalities take them into account when granting the building permit and, subsequently, the activity license.

7. Role of the municipality and regional regulations

In addition to this basic state framework, each autonomous community has its own urban planning and environmental legislation (land, environmental assessment, integrated environmental authorization, noise, etc.), and each municipality has building and environmental protection ordinances. The data center building permit is granted only if the project simultaneously complies with:

  • The municipal planning and ordinances.
  • The autonomous community's urban planning and environmental legislation.
  • The basic state regulations cited (land, environmental assessment, water, pollution, noise, energy efficiency, and waste).

In the absence of additional information in the consulted sources, the specific details of requirements (assessment thresholds, specific technical documentation, etc.) depend on that regional legislation and the interpretation of the competent municipality.

Play

Test your knowledge with FREN!

How much do you know about this topic? Answer the following 3 questions.

What measure does Spain DC request to speed up the creation of data centers?

Question 1 of 3

Which autonomous community is cited as an example of good management for the deployment of data centers?

Question 2 of 3

What energy-related problem does Emilio Díaz mention as the biggest challenge for the sector?

Question 3 of 3

Hola, soy Fren. ¿Cómo te ayudo?