DENMARK Law and Practice Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
legally responsible person regardless of contractual allocation. Thus, the cleanup obligation is governed by public law, with contractual mechanisms serving only to allocate economic risk between private parties, not to limit or exclude public enforcement powers. 12.3 Determining Liability Authorities may issue orders to several polluters, allo- cating liability proportionally to their share of the pol- lution. If it is not possible to determine the relative shares, the liability is divided equally between them. The authority can exclude minor contributors if their share is negligible. 12.4 Proceedings Against Polluters Only the environmental authority has standing to issue and pursue orders for investigation and remediation under the contaminated-land regime. Affected owners/occupiers/neighbours with a legal interest may bring tort or nuisance actions in the civil courts. These claims are separate from, and not con- tingent on, the authority’s enforcement. 12.5 Investigating Environmental Accidents The competent authority first secures the site and initiates fact-finding. It may issue investigatory and information orders to the (suspected) polluter to clarify source, extent and risk. If a polluter is identified, it can be ordered to investigate and clean up at its own expense, even if it no longer owns or controls the property. The current owner must tolerate the investi- gation and any cleanup. The Regions of Denmark decide whether to map the site as V1 (knowledge of activities that may have caused contamination) or V2 (contamination docu- mented by investigations), which then steers permits, soil-movement notifications and any remediation orders. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws Denmark’s climate framework is anchored in interna- tional and EU obligations. Denmark is bound by EU
climate targets and by the Paris Agreement’s 1.5°C objective. In Denmark, the central law relating to climate change is the Danish Climate Act ( Klimaloven ), under which Denmark must reduce greenhouse-gas emissions by 70% by 2030 compared with 1990 and reach carbon neutrality by 2050. 13.2 Targets to Reduce Greenhouse Gas Emissions In accordance with the Danish Climate Act ( Klimal- oven ), Denmark will reduce greenhouse gas emissions by 70% in 2030 compared to 1990 and reach carbon neutrality by 2050. In addition, Denmark is obliged to comply with the European Union’s climate targets for 2030 and 2050, as well as the objectives outlined in the Paris Agree- ment, which aims to limit global warming to 1.5°C above pre-industrial levels. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs Asbestos is governed by the Statutory Order (BEK No 744 of 18/06/2024), which requires notification to the Danish Working Environment Authority ( Arbejdstilsyne t) before any asbestos removal, renovation or cleaning work. Such work must be carried out by authorised and professionally trained personnel following strict safety procedures. As a general rule, a property owner is not obliged to take action simply because asbestos is present, but if removal or remediation is necessary, it must comply with these rules. In Denmark, PCBs (polychlorinated biphenyls) have been banned in construction since 1977, but remain subject to regulation concerning identification, indoor air quality and waste management. The Danish Envi- ronmental Protection Agency ( Miljøstyrelsen ) requires PCB-containing materials to be handled as hazard- ous waste and disposed of at approved facilities, in line with the general principles of prevention, worker protection and environmental safety.
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