Summary Under the proposed Cloud and AI Development Act (CADA), Poland is not required to pre-select specific cities or regions for data centre acceleration zones. Instead, Article 10 mandates that Poland designate at least one such zone within six months of the regulation's entry into force, provided data centre capacity is being deployed in its territory. The exact locations will be determined by Polish authorities based on strict, harmonised EU criteria, including power grid capacity, network connectivity, waste-heat reuse potential, and a mandatory preference for brownfield sites. Once designated, these zones must operate under the sustainability Key Performance Indicators (KPIs) defined in Delegated Regulation (EU) 2024/1364 and ensure fair, reasonable, and non-discriminatory resource allocation as required by Article 11.

Detail

The proposed Cloud and AI Development Act (CADA), COM(2026) 502 final, introduces a harmonised EU framework designed to accelerate the deployment of data centres while ensuring sustainability and reducing strategic dependencies on non-EU providers. For Poland, as for all Member States, the primary mechanism to achieve this acceleration is the designation of "data centre acceleration zones" (acceleration zones).

The legislation does not impose a top-down map of locations. Instead, it establishes a rigorous, criteria-based selection process that Member States must follow. This ensures that while the specific geography is a national decision, the strategic logic behind every zone is consistent across the Union.

The Obligation to Designate: Article 10

Article 10 of the CADA proposal places a direct and time-bound obligation on Member States to facilitate the rapid development of computing infrastructure. It does not prescribe specific cities or regions for Poland, but it imposes a strict timeline and a comprehensive set of mandatory consideration factors for where these zones must be established.

1. The "At Least One" Requirement and Timeline

Article 10(1) states that "where data centre capacity is being deployed within the territory of a Member State, that Member State shall designate at least one data centre acceleration zone" within its territory. The deadline for this designation is set at six months after the date of entry into force of the Regulation.

For Poland, this means that once CADA is adopted and enters into force, the Polish government has a narrow window to identify and officially designate these zones. The obligation is conditional only on the fact that data centre capacity is being deployed; given Poland's active market, this condition is effectively met.

2. The Eight Mandatory Designation Criteria

When designating these zones, Article 10(1) requires Member States to consider eight specific aspects. Poland must evaluate potential sites against these criteria to ensure they are strategically located to maximise economic and environmental benefits while minimising negative impacts. The criteria are:

  • (a) Site Dimensions: The location and dimension of the site, including the minimum and maximum size of the facilities that could be built on that site or area.
  • (b) Grid Capacity: The available and future power grid capacity, and the possibility and conditions for on-site storage and clean energy generation. This is a critical factor, as data centres are energy-intensive and require reliable, high-capacity connections.
  • (c) Connectivity: The available and future network connectivity capacity. Low-latency access to core networks is essential for cloud and AI workloads.
  • (d) Copper Phase-Out: The capacity of the zone to support the phasing out of legacy copper networks.
  • (e) Waste Heat Reuse: The available and future facilities that can reuse data centre waste heat. This aligns with EU sustainability goals, turning data centre thermal emissions into a resource for district heating or industrial processes.
  • (f) Permitting Acceleration: All measures taken to accelerate the granting of the necessary permits for constructing and operating data centres within the given zone.
  • (g) Brownfield Preference: A preference for reusing brownfield sites (previously developed land) over using greenfield sites (undeveloped land). This aims to protect agricultural land and natural habitats.
  • (h) Sustainability and Climate Resilience: The ability of the site to function sustainably, particularly as regards preventing or minimising environmental impacts, supporting the reduction of carbon emissions, and its climate resilience.

3. Energy Analysis and Grid Planning

Article 10(2) imposes further duties on Member States to facilitate the development of these zones. Poland must conduct a comprehensive analysis of the energy needs and their respective impacts on greenhouse gas emissions for current and future acceleration zones. This analysis must be reviewed at least every three years.

Crucially, this analysis must feed into national network development plans prepared by transmission and distribution system operators. This ensures that grid investments are anticipatory rather than reactive, accommodating future system needs identified in the acceleration zones.

Conditions Within Acceleration Zones: Article 11

Once designated, the operation of these zones is governed by Article 11, which sets strict conditions to ensure that acceleration does not come at the cost of sustainability or fair competition.

1. Mandatory Sustainability KPIs

Article 11(1) mandates that when setting sustainability requirements for data centres deployed in acceleration zones, Member States "shall use the key performance indicators specified in Commission Delegated Regulation (EU) 2024/1364 pursuant to Directive (EU) 2023/1791."

This is a critical distinction: Poland cannot simply relax environmental standards to attract investment. It must enforce EU-wide metrics for energy efficiency (such as Power Usage Effectiveness - PUE) and resource efficiency. The KPIs from the Delegated Regulation are the only valid benchmark for sustainability within these zones.

2. Fair and Non-Discriminatory Access

Article 11(2) requires Member States to ensure that the allocation and use of resources within acceleration zones takes place on "fair, reasonable and non-discriminatory terms."

This provision is designed to prevent speculative reservation of land or resources by large incumbents, which could foreclose competition or impede the effective development of the zone. For SMEs and new market entrants in Poland, this clause offers a layer of protection against monopolistic practices that might otherwise lock them out of prime data centre locations. It explicitly aims to prevent practices "capable of impeding effective competition or the effective development or use of those zones."

Strategic Implications for Poland

For Poland, a country with a rapidly growing digital infrastructure sector, the designation of acceleration zones under CADA represents a significant regulatory shift. It moves the focus from ad-hoc, project-by-project permitting to a structured, zone-based approach.

The requirement to prioritise brownfield sites (Article 10(1)(g)) may direct new data centre investments towards post-industrial areas, potentially revitalising urban or semi-urban landscapes while preserving the surrounding agricultural greenfield areas. This aligns with broader EU land-use policies.

Furthermore, the emphasis on waste-heat reuse (Article 10(1)(e)) and grid integration (Article 10(1)(b)) suggests that successful acceleration zones in Poland will likely be those that can demonstrate strong synergies with local energy infrastructure and heating networks. This will require close coordination between data centre operators, local authorities, and energy grid operators. The legislation explicitly requires Member States to prepare an analysis for each acceleration zone to identify current and future energy needs, serving as a basis for national grid planning.

What this means for you

For CTOs, architects, data centre operators, and SMEs evaluating the practical impact of CADA on their operations in Poland, the introduction of data centre acceleration zones under Article 10 and Article 11 brings both opportunities and new compliance requirements.

1. Site Selection Strategy

If you are planning to deploy new data centre capacity in Poland, you should anticipate that future growth will be concentrated in designated acceleration zones. When evaluating potential sites, prioritise locations that align with the Article 10(1) criteria:

  • Grid Availability: Investigate the proximity to high-capacity grid connections and the potential for on-site renewable energy generation. The legislation requires an analysis of "available and future power grid capacity."
  • Brownfield Opportunities: Look for post-industrial sites that may benefit from the regulatory preference for brownfield reuse. These sites may offer faster permitting pathways if they fall within a designated zone.
  • Waste-Heat Synergies: Assess the potential to sell waste heat to local district heating networks or industrial users. This not only meets sustainability KPIs but can also create a new revenue stream, directly addressing the criteria in Article 10(1)(e).

2. Compliance with Sustainability KPIs

Article 11(1) mandates the use of specific EU KPIs for sustainability. As an architect or CTO, you must design your data centres to meet these standards from the outset. This includes optimising Power Usage Effectiveness (PUE) and Water Usage Effectiveness (WUE) in line with Delegated Regulation (EU) 2024/1364. Failure to meet these KPIs could jeopardise your ability to operate within an acceleration zone or secure necessary permits. Note that these KPIs are not enumerated in CADA itself but are defined in the separate Delegated Regulation.

3. Competitive Positioning for SMEs

For SMEs, Article 11(2)'s requirement for fair, reasonable, and non-discriminatory resource allocation is a key protective measure. It aims to prevent large hyperscalers from hoarding land or grid capacity in acceleration zones. When engaging with Polish authorities or zone operators, SMEs should leverage this provision to ensure equitable access to resources. Additionally, Article 12 (referenced in the related articles) requires single information points to pay particular attention to SMEs, providing dedicated support channels to navigate the permitting process.

4. Engagement with National Strategies

Poland's national cloud and AI strategy, required under Article 7 of CADA, will likely outline the specific locations and characteristics of its acceleration zones. Stay informed about these national developments, as they will dictate where the most favourable regulatory and infrastructure conditions will be available. Engaging early with local authorities and grid operators can help you position your projects to align with these strategic plans.

Common misconceptions

Misconception 1: CADA designates specific cities for data centres. Reality: CADA does not name specific cities or regions. It obliges Member States like Poland to designate at least one acceleration zone based on the criteria in Article 10(1). The exact locations are a matter of national implementation, subject to EU criteria.

Misconception 2: Acceleration zones allow for relaxed environmental standards. Reality: On the contrary, Article 11(1) requires the use of strict EU sustainability KPIs (from Delegated Regulation (EU) 2024/1364). Acceleration zones are designed to promote sustainable growth, not unchecked expansion. The preference for brownfield sites and waste-heat reuse further underscores this environmental focus.

Misconception 3: Only large hyperscalers will benefit from acceleration zones. Reality: Article 11(2) explicitly requires fair, reasonable, and non-discriminatory allocation of resources to prevent speculative reservation or foreclosure practices. This is intended to protect SMEs and new entrants from being locked out by incumbents. Additionally, Article 12 requires single information points to pay particular attention to SMEs, providing dedicated support.

Misconception 4: The six-month deadline applies to the construction of data centres. Reality: The six-month deadline in Article 10(1) applies to the designation of the acceleration zones by the Member State, not the construction of individual data centres. Construction timelines will be governed by the facilitated permitting processes outlined in Article 13, which aims for permit-granting procedures to not exceed 12 months.

Related

This is general information about a draft EU regulation, not legal advice.