Data-center law in San Marino

National jurisdiction · as of 2026-09-06

San Marino has no data-centre-specific siting, permitting, or utility statute. The Environmental Code (Decreto Delegato 27 aprile 2012 n. 44), a consolidated text, sets a general atmospheric-emissions authorization duty at its article 104 that binds any establishment or thermal plant, of any kind including civil use, with a capacity of 116 kW or more.

No provision read in this Code or in the general economic-development and high-technology-enterprise legislation reviewed addresses electricity grid interconnection or water use specifically, and no data-centre, ICT investment incentive, or free-zone statute distinct from the general business-licensing and tax framework has been identified.

Instruments on record

1 instrument on record, grouped by the family of approval each one governs.

Air and operations

What permits govern backup generators and ongoing emissions?

Environmental Code, Atmospheric Emissions Authorization

In force

Decreto Delegato 27 aprile 2012 n. 44 (Codice Ambientale), artt. 102-104, 122

Applies to both

Title V of San Marino's Environmental Code (Decreto Delegato 27 aprile 2012 n. 44, a consolidated text) governs air protection and the reduction of atmospheric emissions from industrial plants and activities and from civil thermal plants.

Article 104 requires that all establishments producing atmospheric emissions, and all thermal plants including those for civil use, with a capacity equal to or greater than 116 kW, be authorised by the Ufficio Prevenzione e Ambiente (Environmental Prevention Office, UPA) before operating; the authorisation is issued with reference to the establishment or the thermal plant.

Article 122 makes failure to seek that authorisation, and failure to comply with the emission limits or conditions the authorisation carries, subject to an administrative fine of 500.00 to 5,000.00 euro per violation, doubled to trebled for a repeat violation within five years, without prejudice to the possible concurrent application of the Criminal Code. This is a general environmental-permitting duty rather than one addressed to data centres specifically.

The decree's own text states that a provision of the Code applies from its entry into force, but the text does not itself carry the specific commencement day for the Code as a whole as a stated calendar date, so no effective date is recorded.

Source: Full text of law