DENMARK Trends and Developments Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
high-demand industrial applications, including PtX. The law requires corporate separation from drinking- water and wastewater utilities, sets market-based pricing and limits municipal support, with an 18-month transition for existing activities. Denmark has also updated its core wastewater-permitting guidance document to reflect current EU and national practice. Looking ahead, EU wastewater rules will further shape Danish practice. The recast Urban Wastewater Treat- ment Directive (Directive (EU) 2024/3019) extends agglomeration coverage, introduces energy-efficiency targets and – notably – creates extended producer responsibility (EPR) for micropollutant removal costs. Transposition work will run into 2026–2027, and utili- ties as well as pharma and cosmetic industries should expect cost-allocation mechanics and expanded monitoring. Nature Protection In Denmark, we are seeing more detailed species surveying and mapping, tighter species-specific scru- tiny and clearer mitigation requirements before per- mits issue. Technical guidance from Danish scientific bodies on breeding seasons and species sensitivity is cited more frequently. As an example, the Danish Energy Agency’s Q&A on bats (a Habitats Annex IV focus) underscores how fauna expertise has become a core part of renewables permitting – with a similar mindset now emerging for birds in and around SPAs. For developers, this translates into earlier species sur- veys, conservative screening assumptions and prac- tical design choices to meet legal requirements and withstand appeal. At EU level, the Nature Restoration Regulation (Regu- lation (EU) 2024/1991) is now in force and will filter into Danish spatial planning. Projects with land-use footprints (eg, infrastructure, forestry and agricul- ture) should anticipate closer alignment checks with national restoration plans once filed. The Deforestation Regulation (Regulation (EU) 2023/1115) now frames market access for timber and other in-scope commodities. Following an EU-level decision in 2025, the core application date moved to 30 December 2025 (with a later 30 June 2026 date for SMEs). Danish operators therefore need to implement
due diligence systems (geolocation, risk assessment and a due-diligence statement) and expect checks by the national competent authority. The new Ambient Air Quality Directive (Directive (EU) 2024/2881) lowers limit values for key pollutants, with a 2030 attainment deadline. This will push local air- quality planning, retrofit timetables and litigation risk for authorities where plan measures are not cred- ible. We are already seeing municipalities prepare for updated plans that will affect transport and industrial Denmark is recalibrating its large-scale offshore wind build-out after a difficult tender cycle – including no- bid rounds in late 2023 and again in December 2024. After recent outcomes for high-profile sites, the Dan- ish Energy Agency has updated its Q&A that points to a settled practice on wildlife baselines and opera- tional mitigation. We are seeing tighter, data-driven conditions (eg, cut-in speeds, lighting and curtail- ment regimes) designed both to protect species and to reduce subsequent appeal risk. On carbon capture and storage, the Danish Energy Agency has opened additional licensing areas in 2025, including near-shore blocks, and published updated guidance on EIA, storage permits and monitoring. Companies evaluating capture at industrial sites or shipping CO₂ to Danish storage should lay out their permitting chain early, budget for monitoring/verifica- tion infrastructure and align contractual risk allocation with the emerging regulatory guidance. permitting cycles. Energy Transition The Methane Regulation (Regulation (EU) 2024/1787) imposes leak detection and repair (LDAR), curbs vent- ing/flaring and introduces import transparency across oil, gas and coal value chains. Early obligations start in 2025, including LDAR programme submissions, and we are seeing this ripple through Danish energy and gas-procurement contracts. The Carbon Border Adjustment Mechanism (CBAM) transitional reporting phase ends 31 December 2025. From 1 January 2026, importers in covered sectors must purchase and surrender CBAM certificates annually. Danish importers are finalising supply-chain
160 CHAMBERS.COM
Powered by FlippingBook