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Danish Permitting Process

Permit requirements in Denmark

Permits for construction and operation of pipelines for transportation of hydrocarbons produced outside Danish territory, but located in Danish territorial waters and on the Danish Continental Shelf are required pursuant to the Continental Shelf Act, the Danish State’s sovereignty over its territorial waters, and Administrative Order on Pipeline Installations.

Applications for such permits must be submitted to the Danish Energy Agency, which manages the applications and issues the permits on behalf of the Danish State.

EIA Procedure in Denmark

A national Danish Environmental Impact Assessment (EIA) report is required for Nord Stream 2, and was submitted to the Danish Energy Agency together with the application for the construction permit in April 2017.

The EIA report must as a minimum contain the information listed in the Offshore EIA Administrative Order, including a description of the factors likely to be significantly affected by the project, both inside and outside of Danish territory.

The aim of the EIA Procedure

The aim of the EIA procedure is to evaluate the environmental impacts of a project, to ensure that consistent information on the impacts is available during planning and decision-making, to provide the public with information and the opportunity to participate in the process.

The EIA report describes the main characteristics and technical solutions of the project with a comprehensive assessment of impacts. The report includes assessments of transboundary impacts from the project in Denmark to neighbouring national jurisdictions. In addition, the EIA includes measures to prevent and mitigate potential adverse environmental impacts.

The potential impact of the construction of Nord Stream 2 on Russia, Finland, Sweden, Denmark and Germany was presented in the Espoo Report. The Espoo Report was filed in April 2017 and sent out for an international public consultation. The Espoo consultation process ran in parallel to the national public consultation. 

The Nord Stream 2 EIA procedure

The consultation period for the Nord Stream 2 project was initiated in 2013 when a Project Information Document (PID) was submitted to both national and international authorities (through the coordinating authority under the Espoo Convention), NGOs and other stakeholders. During the public hearing period, statements from various authorities, citizens and non-governmental organizations were requested and public meetings were held. Based on the opinions and statements received, the coordinating authority issued its statement on the EIA programme. This first phase of the EIA procedure was completed in June 2013.

Based on the feedback received during this initial consultation process, Nord Stream 2 carried out environmental investigations and assessments in order to establish national EIAs and the Espoo documentation. Through autumn 2015 and summer 2016 various meetings were held with stakeholders pertaining to specific questions.

The application for the construction of the pipeline system in Denmark was filed together with the EIA and the Espoo Report on 3 April 2017. The coordinating authority put the documentation on public display for two months. During this period, Danish authorities, citizens and other interest parties had the opportunity to state their opinions on the EIA documentation. International opinions and feedback were also requested.

At the end of the public consultation, Nord Stream 2 received all the statements handed in by national and international stakeholders and provided answers to these during the second half of 2017. The case is now ready for a decision by each national permitting authority – in Denmark, the Danish Energy Agency.