COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - DENMARK Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 8
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 39 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - DENMARK
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 39 final.
Encl.: SWD(2017) 39 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 39 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - DENMARK
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 38 final}
{SWD(2017) 40 - 60 final}
Denmark 2
This report has been written by the staff of the Directorate-General for Environment, European Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
Denmark 3
More information on the European Union is available on the internet ( http://europa.eu ).
Photographs: p.11 – ©DonKurto/iStock, p.18 – ©LIFE11 ENV/DK/000889/Thomas Arnbo/Sjællandske
Medier, p.19 – ©Mie Ahmt/iStock, p.23 – ©Casper Wilkens/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 7
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9
Nature and Biodiversity ......................................................................................................................... 9
Estimating Natural Capital................................................................................................................... 11
Green Infrastructure ........................................................................................................................... 11
Soil protection ..................................................................................................................................... 12
Marine protection ............................................................................................................................... 12
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 15
Air quality ............................................................................................................................................ 15
Noise ................................................................................................................................................. 16
Water quality and management ......................................................................................................... 16
Enhancing the sustainability of cities .................................................................................................. 18
International agreements ................................................................................................................... 19
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 20
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 20
Green taxation and environmentally harmful subsidies ..................................................................... 20
Green Public Procurement .................................................................................................................. 21
Investments: the contribution of EU funds ......................................................................................... 21
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 23
Effective governance within central, regional and local government ................................................. 23
Compliance assurance ......................................................................................................................... 24
Public participation and access to justice ........................................................................................... 26
Denmark 4
Access to information, knowledge and evidence ................................................................................ 26
Denmark 5
Executive summary
About the Environmental Implementation Review long coastline and several hundred islands. Most of the
In May 2016, the Commission launched the country is cultivated, i.e. approximately 60% is Environmental Implementation Review (EIR), a two-year agricultural farmland, 16% is forest or heath, 7% is lakes, cycle of analysis, dialogue and collaboration to improve rivers and wetland areas, and 11% is covered by roads the implementation of existing EU environmental policy and built-up areas.
and legislation 1 . As a first step, the Commission drafted Over the recent years environmental status in some 28 reports describing the main challenges and areas has improved. However, these improvements are opportunities on environmental implementation for each not sufficient to meet the objectives for water bodies, Member State. These reports are meant to stimulate a biodiversity is under pressure, a great part of Danish positive debate both on shared environmental challenges nature is still in an unfavourable condition, and resource
for the EU, as well as on the most effective ways to consumption is among the highest in the world 5 .
address the key implementation gaps. The reports rely on
the detailed sectoral implementation reports collected or Main Challenges
issued by the Commission under specific environmental The two main challenges with regard to implementation legislation as well as the 2015 State of the Environment of EU environmental policy and law in Denmark are: Report and other reports by the European Environment
Agency. These reports will not replace the specific Reduce pressures on nature from intensive instruments to ensure compliance with the EU legal agriculture, including the use of pesticides and
obligations. nutrients. Improve air quality, especially in densely populated
The reports will broadly follow the outline of the 7th areas.
Environmental Action Programme 2 and refer to the 2030
Agenda for Sustainable development and related Main Opportunities
Sustainable Development Goals (SDGs) 3 to the extent to Denmark could perform better on topics where there is
which they reflect the existing obligations and policy already a good knowledge base and good practices.
objectives of EU environmental law 4 . This applies in particular to:
The main challenges have been selected by taking into Reinforce policies to promote waste prevention account factors such as the importance or the gravity of and to make reuse and recycling more the environmental implementation issue in the light of economically attractive, especially by shifting away the impact on the quality of life of the citizens, the from incineration, in order to further improve the distance to target, and financial implications. resource efficiency.
The reports accompany the Communication "The EU Promote sustainable agricultural practices
Environmental Implementation Review 2016: Common
challenges and how to combine efforts to deliver better Implement clean air action plan.
results", which identifies challenges that are common to Points of Excellence
several Member States, provides preliminary conclusions
on possible root causes of implementation gaps and Where Denmark is a leader on environmental proposes joint actions to deliver better results. It also implementation, innovative approaches could be groups in its Annex the actions proposed in each country shared more widely with other countries. Good report to improve implementation at national level. examples are:
General profile Denmark's promotion of the circular economy stands out. Integration into multiple policy areas,
Denmark is a typical low-lying country, characterised by a especially waste prevention, eco-innovation, green investment, but also beyond, appears key.
1 Communication "Delivering the benefits of EU environmental policies Public participation in environmental decisionthrough
a regular Environmental Implementation Review" making as well as sharing environmental ( COM/2016/ 316 final ). information is well implemented in Denmark.
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union
Environmental Action Programme to 2020 " Living well, within the limits of our planet ".
3 United Nations, 2015. The Sustainable Development Goals
Denmark 5
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving Efforts by businesses and consumers are crucial in terms
resource efficiency of reducing waste volumes, and they are therefore essential for the two cross-cutting topics. The five action
areas have been selected on the basis of an assessment
The 2015 Circular Economy Package emphasizes the need identifying areas with great potential for waste to move towards a lifecycle-driven ‘circular’ economy, prevention as well as on the basis of extensive with a cascading use of resources and residual waste that stakeholder engagement.
is close to zero. This can be facilitated by the
development of, and access to, innovative financial The Danish Eco-Innovation Program (in Danish: MUDP -
instruments and funding for eco-innovation. Miljøteknologisk Udviklings- og Demonstrationsprojekt) dates back to 2007. MUDP promotes the development
SDG 8 invites countries to promote sustained, inclusive and application of new efficient environmental solutions and sustainable economic growth, full and productive to environmental challenges while simultaneously employment and decent work for all. SDG 9 highlights supporting growth and employment. The general focus of the need to build resilient infrastructure, promote MUDP is on: water; climate change adaptation; circular inclusive and sustainable industrialization and foster economy and recycling of waste; cleaner air; less noise; innovation. SDG 12 encourages countries to achieve the fewer hazardous chemicals; the industry's environmental sustainable management and efficient use of natural performance; and ecological and sustainable resources by 2030. construction (Danish Environmental Protection Agency).
Measures towards a circular economy Figure 1: Resource productivity 2003-15 10
Transforming our economies from linear to circular offers an opportunity to reinvent them and make them more sustainable and competitive. This will stimulate investments and bring both short and long-term benefits
for the economy, environment and citizens alike 6 .
Denmark's resource productivity 7 (how efficiently the
economy uses material resources to produce wealth) in
2015 in terms of value produced per kg of resources used is 2.26 EUR/kg, above an EU average of 2 EUR/kg. Figure
1 shows that this represents a modest but stable increase since 2011.
Many activities contribute to a circular economy in
Denmark, and eco-innovation is a tool in that process.
In 2015 Denmark launched a strategy for waste The Danish Green Investment Fund
11 is an independent
prevention ‘Denmark without Waste II’ with 72 initiatives state loan fund with the purpose of co-financing closely linked to circular economy 8 . The Strategy has two economically viable projects that facilitate and support cross-cutting topics, Transition in Danish businesses and the sustainable development in Denmark. The fund seeks Green Consumption, and five action areas: Less food to bridge the gap between traditional bank financing and waste, Construction, Clothing and textiles, Electrical and equity capital.
electronic equipment, and Packaging 9 . In the field of eco-innovation, under the Danish Eco
Innovation Program (Miljøteknologiske Udviklings- og Demonstrationsprogram - MUDP) the Board decided that
6 European Commission, 2015. Proposed Circular Economy Package
7 Resource productivity is defined as the ratio between gross domestic
product (GDP) and domestic material consumption (DMC). the generation of waste were published in "Moving towards a
8 http://eng.mst.dk/media/164923/denmark-without-wastecircular economy – successful Nordic business models” (Nordic
ii_wasteprevention.pdf Council of Ministers, 2015). 9 In line with the idea of circular economy, a number of best practice 10 Eurostat, Resource productivity ,accessed October 2016,
examples in Denmark with focus on business models that prevent 11 http://gronfond.dk/en/
Denmark 6
for 2016, following priorities will be given to projects 27% of the SMEs in Denmark have one or more full time that: employee working in a green job at least some of the
− Contribute to achieving the objectives of the time (EU28 average 35%). Denmark has an average
“Vandvisionen 2015” 12 of doubling the export of number of 1.6 full time green employees per SME (EU28 Danish water technology by 2025 and the objective average 1.7)
14 .
to create a more efficient water sector. Eco-innovation − Increase the quality and efficiency of water and
waste supply management. With an overall score of 167, the 2015 Danish eco−
Promote circular economy by ensuring better (re)use innovation performance scores first place, up from
of resources and waste; reduce harmful emissions second in 2014 as shown in Figure 2.
and chemicals of concern in products and materials. Figure 2: Eco-Innovation Index 2015 (EU=100) 15
− Help to reduce fine particle and flue gas emissions from industry and transport.
− Support climate adaptation in such way so that the preservation of the countryside can go hand in hand with the protection of coasts and cities against erosion and flooding.
Regarding good practices, Amminex Emission technology was developed in Denmark. The company’s unique NOx reduction technology is based on a system for ammonia storage and delivery, known as ASDS™. The system reductant is ammonia bound in a solid, together called
AdAmmine™, to dramatically reduce the emissions of toxic NOx gasses from diesel exhaust.
SMEs and resource efficiency
Danish SMEs provide about 65% of the country's employment (compared to the EU average of about
67%). They account for nearly 62% of total value added
(compared to the EU average of nearly 58%) 13 .
In the Flash 426 Eurobarometer "SMEs, resource efficiency and green markets", it is shown that 51% of
Denmark's Small and Medium-sized enterprises (SMEs) have invested up to 5% of their annual turnover in their resource efficiency actions (just above the EU28 average of 50%), 32% of them are currently offering green products and services (EU28 average 26%), 71% took measures to save energy (EU28 average 59%), 63% to
minimise waste (EU28 average 60%), 52% to save water Denmark is followed by Finland (index 140), Ireland (EU28 average 44%), and 61% to save materials (EU28 (index 134), Germany (index 129) and Sweden and average 54%). From a circular economy perspective, 39% Luxembourg (both index 124) in the list of EU28 member took measures to recycle by reusing material or waste states (EU average at 100). Denmark has never been within the company (EU28 average 40%), 29% to design ranked below fourth place (2013) in the Eco-innovation products that are easier to maintain, repair or reuse scoreboard during 2010-2015.
(EU28 average 22%) and 39% were able to sell their scrap Denmark has 40 EMAS registered organisations or 7 material to another company (EU28 average 25%). registrations per million inhabitants, which is around the
According to the Flash 426 Eurobarometer, the resource EU average (8 registrations per million inhabitants)
efficiency actions undertaken allowed the reduction of production costs in a 41% of the Denmark's SMEs (EU28 14 The Flash 426 Eurobarometer "SMEs, resource efficiency and green
average 45%). The Flash 426 Eurobarometer shows that markets" defines "green job" as a job that directly deals with information, technologies, or materials that preserves or restores
environmental quality. This requires specialised skills, knowledge, training, or experience (e.g. verifying compliance with environmental
12 Water vision 2015 (DANVA) http://www.uk.vandtek.dk/aboutlegislation, monitoring resource efficiency within the company,
vandtek/water-vision-2015 promoting and selling green products and services).
13 2015 SBA Fact Sheet Denmark 15 Eco-innovation Observatory : Eco-Innovation scoreboard 2015
Denmark 7
Concerning the EU Ecolabel, Denmark has 49 16 licenses or Figure 3: Municipal waste by treatment in Denmark 19
9 registrations per million inhabitants which is more than double the EU average (4 registrations per million inhabitants).
Waste management
Turning waste into a resource requires:
− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc.
− Reducing per capita waste generation and waste generation in absolute terms.
− Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste.
SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.
Figure 4 shows that Denmark still has to step up its
The EU's approach to waste management is based on the recycling rate to achieve the EU 2020 target of 50% 20 .
"waste hierarchy" which sets out an order of priority
when shaping waste policy and managing waste at the Figure 4: Recycling rate of municipal waste 2007-14
21
operational level: prevention, (preparing for) reuse, recycling, recovery and, as the least preferred option, disposal (which includes landfilling and incineration without energy recovery).
The progress towards reaching recycling targets and the
adoption of adequate WMP/WPP 17 should be the key
items to measure the performance of Member States.
This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
The amount of municipal waste 18 generated in Denmark
is the highest in the EU (758 kg/y/inhabitant compared to the EU average of 475 kg/y/inhabitant) in 2014. This is however partly linked to methodological issue in terms of the scope of definition of municipal waste.
Figure 3 depicts the municipal waste by treatment in
Denmark in terms of kg per capita, which shows that Denmark has taken appropriate steps to improve waste recycling remains stable and so does incineration, which management and implement the current European waste is still the main waste treatment operation benefitting targets. While it remains one of the countries in the EU from subsidies decided in the past. Denmark has the with the largest amounts of municipal waste produced second highest proportion of incinerated waste (54%) per capita and with a high percentage incinerated, it is (EU average is 27%) and recycling accounts for 44% in noted that its Waste Management Plan foresees a shift 2014, which is almost exactly the EU average (43.4%). away from incineration towards more recycling.
Denmark has one of the lowest proportions of municipal
waste landfilled (1%) (EU average is 28%). Moving towards the targets of the Roadmap on Resource Efficiency, which outlines how we can transform Europe's
economy into a sustainable one by 2050, could create
19 Eurostat, Municipal waste and treatment, by type of treatment 16 European Commission, Ecolabel. method, accessed October 2016
17 Waste Management Plans/Waste Prevention Programmes 20 Member States may choose a different method than the one used by
18 Municipal waste consists of waste collected by or on behalf of ESTAT (and referred to in this report) to calculate their recycling rates
municipal authorities, or (according to the OECD guidelines) directly and track compliance with the 2020 target of 50% recycling of by the private sector (business or private non-profit institutions) not municipal waste.
on behalf of municipalities. 21 Eurostat, Recycling rate of municipal waste , accessed October 2016
Denmark 8
over 2,500 additional jobs and increase the annual
turnover of the waste sector by over EUR 260 million 22 .
Suggested action
• Reinforce policies, including economic instruments, to promote waste prevention (e.g. PAYT), make reuse and recycling more economically attractive.
• Shift reusable and recyclable waste away from incineration e.g. by gradually phasing out subsidies to incineration or introducing incineration taxes.
22 Bio Intelligence service, 2011. Implementing EU Waste legislation for
Green Growth , study for European Commission. The breakdown per country on job creation was made by the consultant on Commission demand but was not included in the published document.
Denmark 9
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity sufficiency of the SCI network 25 for Annex II species and
The EU Biodiversity Strategy aims to halt the loss of Annex I habitats occurring in Denmark, the Natura 2000 network in Denmark is almost complete and close to
biodiversity in the EU by 2020, restore ecosystems and complete in the Atlantic and Continental terrestrial and
their services in so far as feasible, and step up efforts to
avert global biodiversity loss. The EU Birds and Habitats Marine Atlantic and Baltic region.
Directives aim at achieving favourable conservation Figure 5: Sufficiency assessment of SCI networks in status of protected species and habitats. Denmark based on the situation until December 2013
SDG 14 requires countries to conserve and sustainably (%)
26
use the oceans, seas and marine resources, while SDG 15 requires countries to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.
The 1992 EU Habitats Directive and the 1979 Birds
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.
The adequate designation of protected sites as Special
Ares of Conservation (SAC) under the Habitats Directive and as Special Protection Areas (SPA) under the Birds
Directive is a key milestone towards meeting the objectives of the Directives. The results of Habitats
Directive Article 17 and Birds Directive Article 12 reports All sites have been designated as Special Areas of and the progress towards adequate Sites of Community Conservation (SAC) and conservation objectives and Importance (SCI)-SPA and SAC designation 23 both in land measures have been established for each of them.
and at sea, should be the key items to measure the Denmark is an agricultural country with approximately performance of Member States. 2/3 of the land area being cultivated. The area of open
In early 2016, 8.3% of the Danish national territory is natural habitat has declined considerably over the past covered by Natura 2000 (EU average 18.1%), with Birds century but is now relatively stable, at around 10% of Directive SPAs covering 6.0% (EU average 12.3%) and Denmark's territory. The Danish marine environment is of Habitats Directive SCIs covering 7.4% (EU average 13.8%). great importance, e.g. with the rather shallow waters Furthermore, substantial marine areas have been containing marine habitat types and habitats for e.g. designated, covering app. 17% of the Danish EEZ. There internationally important numbers of waterfowl. 27% of are altogether 364 Natura 2000 sites in Denmark- (113 Denmark's plant and animal species, which have been SPAs and 261 SACs), however with a big overlap. studied or assessed are Red-Listed
27 . 54% of Red-Listed
As shown in Figure 5 24 , based on an assessment of the are Biogeographic regions with an occurrence of that species or
habitat in this Member State.
25 For each Member State, the Commission assesses whether the 23 Sites of Community Importance (SCIs) are designated pursuant to the species and habitat types on Annexes I and II of the Habitats
Habitats Directive whereas Special Areas of Protection (SPAs) are Directive, are sufficiently represented by the sites designated to designated pursuant to the Birds Directive; figures of coverage do date. This is expressed as a percentage of species and habitats for not add up due to the fact that some SCIs and SPAs overlap. Special which further areas need to be designated in order to complete the Areas of Conservation (SACs) means a SCI designated by the Member network in that country. A scientific reserve is given when further States. research is needed to identify the most appropriate sites to be added
24 The percentages in Figure 5 refer to percentages of the total number for a species or habitat. The current data , which were assessed in of assessments (one assessment covering 1 species or 1 habitat in a 2014-2015, reflect the situation up until December 2013.
given biographical region with the Member State); if a habitat type or 26 European Commission, internal assessment. a species occurs in more than 1 Biogeographic region within a given 27 The IUCN Red List is the world's most comprehensive inventory of the Member State, there will be as many individual assessments as there global conservation status of biological species. It is set upon precise
Denmark 10
species are associated with forest habitats. Threats facing for all forest types and forestry measures and high these species include fragmentation of populations, deposition of airborne nitrogen are indicated as threats. deteriorating habitats, disturbances, and climate change.
Intensive agriculture, including the use of pesticides and According to Denmark, marine habitats are still under the nutrients, continues to impact biodiversity, the aquatic influence of nutrients supplied from surface water and environment, and drinking water. The nitrogen load has from atmospheric deposition, but in recent years, there decreased in the last number of years. However, the use are good signs of many years of efforts to limit emissions.
of pesticides has been increasing since 2014. The results are better concerning species assessments
According to the Danish report under Article 17 Habitats (other than birds), namely 34% are at favourable status
Directive 28 , almost 70% of the habitat assessments are in (EU27: 23%), 13% at unfavourable-inadequate (EU27: unfavourable-bad 29 status (for comparison, 30% at EU27 42%), however 28% have unfavourable-bad status (EU27: level) as shown in Figure 6. Only 5% of the assessments 18%).
show favourable status (for comparison, 16% at EU27- The results from the Article 12 report 31 under the Birds
level). Directive show that short-term trends of breeding birds
Figure 6: Conservation status of habitats and species in are improving for 22% of the taxa and stable for 41% and
Denmark in 2007/2013 (%) 30 decreasing for 33% of taxa as shown in Figure 7. The same categories for long-term trends are 39%, 19% and
38%.
The Danish government has informed the Commission that regarding planned national initiatives planned in the Naturpakken, the Nature Package includes an additional 13,300 ha high-nature value forest in the national forests (owned by the government) and at least 900 additional ha of high-nature value privately own forests. Funding for 2016-22 is 87.9 million DKK and 20 million DKK annually from 2021 (not including EU-funding).
Figure 7: Short-term population trend of breeding and
wintering bird species in Denmark in 2012 (%) 32
Alarming is that e.g. all forest habitats' assessments are unfavourable-bad as well as most of the grassland, bog or mire and coastal habitat types. Denmark is one of the countries reporting the most habitat assessments with unfavourable status. Agriculture and pollution are the most frequently reported pressures of high importance.
Structure and functions are reported highly unfavourable
Suggested action
criteria to evaluate the extinction risk of thousands of species.
28 The core of the ‘Article 17’ report is the assessment of conservation • Make further efforts to ensure that the Natura 2000
status of the habitats and species targeted by the Habitats Directive. network is managed towards favourable conservation
29 Conservation status is assessed using a standard methodology as status of protected habitats and species, especially by being either ‘favourable’, ‘unfavourable-inadequate’ and reducing the pressures from agriculture.
‘unfavourable-bad’, based on four parameters as defined in Article 1 of the Habitats Directive.
30 These figures show the percentage of biogeographical assessments in each category of conservation status for habitats and species (one 31 Article 12 of the Birds Directive requires Member States to report assessment covering 1 species or 1 habitat in a given biographical about the progress made with the implementation of the Birds region with the Member State), respectively. The information is Directive based on Article 17 of the Habitats Directive reporting - national 32 Article 12 of the Birds Directive reporting - national summary of summary of Denmark Denmark
Denmark 11
• Put in place clearly defined conservation objectives, Green Infrastructure
reinforce the necessary conservation measures for the sites and provide adequate resources for their
implementation in order to maintain/restore species The EU strategy on green infrastructure
35 promotes the
and habitats of community interest to a favourable incorporation of green infrastructure into related plans
conservation status across their natural range. and programmes to help overcome fragmentation of habitats and preserve or restore ecological connectivity,
enhance ecosystem resilience and thereby ensure the
Estimating Natural Capital continued provision of ecosystem services.
The EU Biodiversity Strategy to 2020 calls on the Member Green Infrastructure provides ecological, economic and
States to map and assess the state of ecosystems and social benefits through natural solutions. It helps to their services in their national territory by 2014, assess understand the value of the benefits that nature provides the economic value of such services, and promote the to human society and to mobilise investments to sustain integration of these values into accounting and reporting and enhance them.
systems at EU and national level by 2020. A large element of Denmark's efforts is aimed at
While a more comprehensive mapping and analysis of retaining and improving existing biodiversity habitats, as
ecosystems and ecosystem services 33 have still to be well as the restoration of wetlands and wood habitats 36 .
carried out, several studies have already confirmed the
value of specific ecosystem services in forestry, The development of ecological corridors/networks has agriculture and fisheries. A MAES 34 project finalised in been integrated into the spatial planning system and the 2014 provided an overview of existing data sources and Spatial Planning Act. In recent years, Danish methods and revealed the large unexploited potential for municipalities have started creating green and combining modelling and mapping of ecosystems sustainable cities using Green Infrastructure as a broader services and economic valuation of biodiversity and concept.
ecosystem services in Denmark. In cooperation with In May 2016 a political agreement on a Danish Nature
Danish Universities, a follow-up MAES project launched Programme was adopted. The programme focuses on in 2015 will illustrate synergies and trade-offs between 6 natural forests and allocates new areas to natural forests ecosystem services and biodiversity, based on data adding up to 25,000 hectares. The programme also covering 1/6 of the area of Denmark. establishes means for local projects and new
Suggested action interconnected nature areas for the benefit of threatened species. According to the programme, nature
• Continue support for the mapping and assessment of areas close to cities should be developed and ecosystems and their services, and valuation work and opportunities for the population to enjoy nature through develop natural capital accounting systems. outdoor activities will be promoted. The programme
attaches great priority to stimulate farmers to manage and protect nature though incentives such as subsidies for hedgerows and possibilities to redistribute of land in order to protect vulnerable nature areas and better use non-vulnerable areas. The programme introduces a revision of the regulatory framework for nature protection in order to create a more efficient and less bureaucratic administration.
An innovation is a “Green Map” of Denmark which will provide both a strategic framework for nature policy and will function as an actual map for planning purposes. It will contribute to targeting ongoing and new initiatives with the greatest impact in terms of ecosystem services.. It will show where existing valuable nature is and where new potential areas that can create connectivity could be. By 2017, municipalities must designate areas of the map, based on a common base map and common criteria. They will be included in municipal plans for the
33 Ecosystem services are benefits provided by nature such as food, 35 European Union, Green Infrastructure — Enhancing Europe’s Natural
clean water and pollination on which human society depends. Capital, COM/2013/0249
34 Mapping and assessment of ecosystems and their services 36 Ministry of Environment, Biodiversity - the building block of life
Denmark 12
first time in 2017 and gradually refined and implemented The annual land take rate (growth of artificial areas) as by 2050. provided by CORINE Land Cover was 0.44% in Denmark
Benefits of green infrastructure for Denmark are over the period 2006-12, around the EU average (0.41%). illustrated by hedgerow planting. Hedgerows are natural It represented 1495 hectares per year
37
and was mainly
features acting as wildlife corridors or stepping stones. driven by diffuse residential developments.
Hedgerow planting reduces soil erosion through The annual land take rate (land taken for urban and other windbreaks which also provide habitats for various artificial land development) in Denmark was 0.44% over species. Under the Danish Rural Development the period 2000-2006, close to the EU average (0.46%). It Programme 2007-2013, farmers could ask for represented 1,495 hectares per year and was mainly reimbursement of 40–60% of the cost for establishing 1– driven by diffuse residential developments. The 7 rowed hedges or woodlots smaller than 0.5 ha. As a percentage of built up land in 2009 was 3.58%, close to
follow up, a national support scheme is under the EU average (3.23%) 38 .
development to establish more shelterbelts and biotope
improving plantations The soil water erosion rate in 2010 was 0.50 tonnes per ha per year, well below EU28 average (2.46 tonnes) 39 .
Besides the subsidy, the success of the hedgerow
planting scheme (Denmark has a very low soil erosion Figure 8 shows the different land cover types in Denmark rate compared to other European countries) has been in 2012.
attributed to farmers’ participation, good products and Figure 8: Land Cover types in Denmark in 2012 40
governmental action with a windbreak law that has been revised multiple times.
Soil protection
The EU Soil Thematic Strategy highlights the need to ensure a sustainable use of soils. This requires the prevention of further soil degradation and the preservation of its functions, as well as the restoration of degraded soils. The 2011 Road Map for Resource
Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally, and the rate of land take is on track with an aim to achieve no net land take by 2050.
SDG 15 requires countries to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.
Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation,
the provision of raw and building material. Soil is a finite There are still not EU-wide datasets enabling the and extremely fragile resource and increasingly provision of benchmark indicators for soil organic matter degrading in the EU. Land taken by urban development decline, contaminated sites, pressures on soil biology and and infrastructure is highly unlikely to be reverted to its diffuse pollution. An updated inventory and assessment natural state; it consumes mostly agricultural land and of soil protection policy instruments in Denmark and increases fragmentation of habitats. Soil protection is other EU Member States is being performed by the EU indirectly addressed in existing EU policies in areas such as agriculture, water, waste, chemicals, and prevention 37 European Environment Agency Draft results of CORINE Land Cover of industrial pollution. (CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006
artificial land.
Artificial land cover is used for settlements, production 38 European Environment Agency, 2016. Imperviousness and
systems and infrastructure. It may itself be split between imperviousness change 39
built-up areas (buildings) and non-built-up areas (such as Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 40 European Environment Agency, Land cover 2012 and changes country
linear transport networks and associated areas). analysis [publication forthcoming]
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Expert Group on Soil Protection. nature restoration projects, Denmark has achieved large
Marine protection reductions in nitrogen and phosphorus loadings to the marine environment. Furthermore, the designated
The EU Coastal and Marine Policy and legislation require Natura 2000 sites are essential in the protection of that by 2020 the impact of pressures on marine waters is biodiversity in Danish marine areas. In Denmark, 97 reduced to achieve or maintain good environmental marine or partly marine Natura 2000 sites have been status and coastal zones are managed sustainably. designated, totalling 18% of Denmark's marine area..
SDG 14 requires countries to conserve and sustainably To minimise the spread of non-indigenous species, use the oceans, seas and marine resources for Denmark ratified the IMO Ballast Water Management sustainable development. Convention in 2012.
The Marine Strategy Framework Directive (MSFD) 41 aims In its implementation of the MSFD, despite an ambitious to achieve Good Environmental Status (GES) of the EU's and overall consistent determination of the GES, marine waters by 2020 by providing an ecosystem Denmark did not sufficiently clearly define all the approach to the management of human activities with descriptors. They are defined in a qualitative manner, impact on the marine environment. The Directive avoiding reference to specific baselines, reference states requires Member States to develop and implement a or thresholds. Apart from descriptors on biodiversity, marine strategy for their marine waters, and cooperate underwater noise and eutrophication, GES is set in highwith Member States sharing the same marine region or level and general terms. In addition, insufficient sub region. reference is made to standards in existing EU legislation
As part of their marine strategies, Member States had to or in the relevant Regional Sea Conventions, with the
make an initial assessment of their marine waters, exception of the descriptor on eutrophication, which usefully refers to the Water Framework Directive 44 .
determine GES 42 and establish environmental targets by
July 2012. They also had to establish monitoring Denmark has had a formalized monitoring of the aquatic programmes for the on-going assessment of their marine environment for many years. Through the years, the waters by July 2014. The next element of their marine monitoring has been expanded or adapted to cover new strategy is to establish a Programme of Measures (2016). legislation, primary EU Directives. In 2014, the The Commission assesses whether these elements monitoring program was adapted in order to meet the constitute an appropriate framework to meet the requirements under the MSFD.
requirements of the MSFD. With the exception of a few elements of some
The Danish marine waters are part of two marine descriptors the monitoring programme is implemented regions, the North-East Atlantic Ocean and the Baltic Sea. and will be used for the initial assessments being Denmark is therefore party to both the Convention for prepared by the regional sea conventions. The the protection of the marine environment of the North Commission will in the near future publish an assessment
East Atlantic (OSPAR Convention) and the Convention on of the Danish MSFD Monitoring Programme 45 . the Protection of the Marine Environment of the Baltic Danish marine protected areas covered 19,101.9 square
Sea (HELCOM). The North Sea is one of the busiest
maritime areas, with exploitation of oil and gas reserves kilometers of its marine waters, with 5,290.8 square kilometers in the Baltic Sea and 13,811.1 in the Greater
also occurring in parallel to the important maritime North Sea 46 .
traffic. In addition, overfishing and bottom-trawling
might impact the biodiversity in that region. In the Baltic In its reports on the implementation of the MSFD, the
Sea, main risks for biodiversity relate to eutrophication, Commission provided guidance to assist Denmark in its overfishing and bycatch, pollution by contaminants and implementation of the Marine Strategy Framework oil, and introduction of non-indigenous species 43 . Directive.
Denmark has a comprehensive Marine Environmental Act and fishing is regulated by the EU Common Fisheries
Policy. In relation to hazardous substances, Denmark has 44
a comprehensive chemicals regulation. With wastewater Commission Staff Working Document Accompanying the Commission Report on "The first phase of implementation of the Marine Strategy
plans, plans for the aquatic environment, as well as Framework Directive (2008/56/EC) - The European Commission's
assessment and guidance" ( SWD(21014) 049 final and COM(2014)097 final ) SWD(21014) 049 final and COM(2014)097 final )
41 European Union, Marine Strategy Framework Directive 2008/56/EC 45 Commission Staff Working Document Accompanying the Commission
42 The MSFD defines Good Environmental Status (GES) in Article 3 as: Report assessing Member States' monitoring programmes under the
“The environmental status of marine waters where these provide Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 ecologically diverse and dynamic oceans and seas which are clean, final) healthy and productive”. 46 2012 Data provided by the European Environmental Agency – Not
43 European Environment Agency, 2016, The Baltic Sea . published.
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Suggested action
• Continue work to improve the definitions of GES including through regional cooperation by using the work of the relevant Regional Sea Conventions.
• Address knowledge gaps.
• Continue integrating monitoring programmes already existing under relevant EU legislation and other joint monitoring programmes where they exist, developed at regional or sub regional level, for instance by OSPAR and HELCOM.
• Enhance comparability and consistency of monitoring approaches within its marine regions.
• Urgently report and implement its programme of measures 47 .
• Ensure that all of the monitoring programme is implemented without delay, and is appropriate to monitor progress its GES.
47 As of 7.10.2016, DK had not yet reported its programme of measures to the Commission
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•
-
3.Ensuring citizens' health and quality of life
Air quality currently applicable national emission ceilings 50 .
Significant emission reductions have been recorded for
The EU Clean Air Policy and legislation require that air volatile organic compounds (-48%) as well as ammonia (- 42%), however emissions for these pollutants are above
quality in the Union is significantly improved, moving
closer to the WHO recommended levels. Air pollution current ceilings, by 24% and 6%, respectively. It should be
and its impacts on ecosystems and biodiversity should be noted that the exceedance of the volatile organic compounds ceiling is largely the result from the recent
further reduced with the long-term aim of not exceeding
critical loads and levels. This requires strengthening addition of volatile organic compounds emissions from
efforts to reach full compliance with Union air quality agriculture to the emission inventories, while the exceedance of the ammonia ceiling partly results from
legislation and defining strategic targets and actions
beyond 2020. the reporting of new sources of ammonia emissions which were not estimated or considered at the time
The EU has developed a comprehensive suite of air when the emission ceilings were set. quality legislation 48 , which establishes health-based
standards and objectives for a number of air pollutants. At the same time, air quality in the Denmark continues to
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014 in Denmark
As part of this, Member States are also required to give cause for concern. For the year 2013, the European ensure that up-to-date information on ambient Environment Agency estimated that about 2890 concentrations of different air pollutants is routinely premature deaths were attributable to fine particulate
made available to the public. In addition, the National matter 51 concentrations, 110 to ozone 52 concentration
Emission Ceilings Directive provides for emission reductions at national level that should be achieved for
main pollutants. 50 The current national emission ceilings apply since 2010 ( Directive
The emission of several air pollutants has decreased 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by
significantly in Denmark 49. Reductions between 1990 and Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC i and
2014 for sulphur oxides (-94%), nitrogen oxides (-62%) repealing Directive 2001/81/EC i. ensure air emissions for these pollutants are within the 51 PM is a mixture of aerosol particles (solid and liquid) covering a wide
range of sizes and chemical compositions. PM10 (PM2.5) refers to particles with a diameter of 10 (2.5) micrometres or less. PM is
48 European Commission, 2016. Air Quality Standards emitted from many anthropogenic sources, including combustion.
49 See EIONET Central Data Repository and Air pollutant emissions data 52 Low level ozone is produced by photochemical action on pollution viewer (NEC Directive) and it is also a greenhouse gas.
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and over 60 to nitrogen 53 dioxide concentrations 54 . This • Reduce nitrogen oxide (NOx) emissions to comply with illustrates the importance of ensuring that the currently applicable national emission ceilings 59 and/or exceedances above the EU air quality standards such as to reduce nitrogen dioxide (NO 2 ) (and ozone shown in Figure 9 55 are brought to a halt. concentrations), inter alia, by reducing transport
For 2014, exceedances above the EU air quality standards related emissions - in particular in urban areas. have been registered related to annual mean • Reduce NMVOCs emissions to comply with currently concentration of nitrogen dioxide (NO applicable national emission ceilings
60 .
2 ) in one air quality
zone (Copenhagen) 56 . Noise
The persistent breach of air quality requirements for NO 2, which have negative effects on health and environment,
are being followed up by the European Commission The Environmental Noise Directive provides for a through infringement procedures covering all the common approach for the avoidance, prevention and Member States concerned, including Denmark. The aim is reduction of harmful effects due to exposure to that adequate measures are put in place to bring all environmental noise. zones into compliance. Excessive noise is one of the main causes of health It has been estimated that the health-related external issues 61 . To alleviate this, the EU acquis sets out several costs from air pollution in Denmark are above EUR 3 requirements, including assessing the exposure to billion/year (income adjusted, 2010), which include not environmental noise through noise mapping, ensuring only the intrinsic value of living a full health life but also that information on environmental noise and its effects is direct costs to the economy. These direct economic costs made available to the public, and adopting action plans relate to 814 thousand workdays lost each year due to with a view to preventing and reducing environmental sickness related to air pollution, with associated costs for noise where necessary and to preserving the acoustic employers of EUR 115 million/year (income adjusted, environment quality where it is good.
2010), for healthcare of above EUR 11 million/year Danish authorities have fulfilled all their obligations with
(income adjusted, 2010), and for agriculture (crop losses) regards to the Environmental Noise Directive 62 for the
of EUR 44 million/year (2010) 57 . current reporting period.
Suggested action Water quality and management
• Maintain downward emissions trends of air pollutants
in order to achieve full compliance with currently The EU water policy and legislation require that the impact of pressures on transitional, coastal and fresh
applicable national emission ceilings and air quality waters (including surface and ground waters) is limit values - and reduce adverse air pollution impacts significantly reduced to achieve, maintain or enhance on health, environment and economy. good status of water bodies, as defined by the Water • Reduce ammonia (NH 3 ) emissions to comply with Framework Directive; that citizens throughout the Union
currently applicable national emission ceilings 58 , for benefit from high standards for safe drinking and bathing
example by introducing or expanding the use of lowwater; and that the nutrient cycle (nitrogen and
emission agricultural techniques. phosphorus) is managed in a more sustainable and
resource-efficient way.
SDG 6 encourages countries to ensure availability and 53 NOx is emitted during fuel combustion e.g. from industrial facilities sustainable management of water and sanitation for all.
and the road transport sector. NOx is a group of gases comprising
nitrogen monoxide (NO) and nitrogen dioxide (NO2). The main overall objective of EU water policy and
54 European Environment Agency, 2016. Air Quality in Europe – 2016 legislation is to ensure access to good quality water in
Report . (Table 10.2, please see details in this report as regards the sufficient quantity for all Europeans. The EU water
underpinning methodology) 55 Based on European Environment Agency, 2016. Air Quality in Europe
– 2016 Report . (Figures 4.1, 5.1 and 6.1) 59 Ibid. 56 See EEA/Eionet Air Quality Portal and the related Central Data 60 Ibid.
Repository 61 WHO/JRC, 2011, Burden of disease from environmental noise, 57 These figures are based on the Impact Assessment for the Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds),
Commission Integrated Clean Air Package (2013) World Health Organization, Regional Office for Europe , Copenhagen, 58 Under the provisions of the revised National Emission Ceilings Denmark
Directive Member States now may apply for emission inventory 62 The Noise Directive requires Member States to prepare and publish,
adjustments. Pending evaluation of any adjustment application, every 5 years, noise maps and noise management action plans for Member States should keep emissions under close control with a agglomerations with more than 100,000 inhabitants, and for major view to further reductions. roads, railways and airports.
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acquis 63 seeks to ensure good status of all water bodies developed. This has apparently been improved in the
across Europe by addressing pollution sources (from e.g. second generation of River Basin Management Plans, agriculture, urban areas and industrial activities), physical which are currently under examination. A number of and hydrological modifications to water bodies) and the exceptions were applied. The planned measures are management of risks of flooding. expected to result in improvement of ecological status of
River Basin Management Plans (RBMPs) are a surface water bodies by 29%. The measures should also requirement of the Water Framework Directive and a bring improvement of ecological potential of artificial and means of achieving the protection, improvement and heavily modified water bodies by 5%. No change in sustainable use of the water environment across Europe. chemical and quantitative status of groundwater can be This includes surface freshwaters such as lakes and rivers, expected.
groundwater, estuaries and coastal waters up to one In the context of the Nitrates Directive, Denmark has nautical mile. decided to apply mandatory measures on its whole
Denmark has provided information to the Commission territory. With respect to water quality and nitrate from its second generation of RBMPs. However, as the concentration, progress has been made throughout the Commission has not yet been able to validate this last years. However data show that there are still information for all Member States, it is not reported important issues both concerning nitrate concentrations,
here. in particular in groundwater, and eutrophication of surface waters. In addition, agriculture remains the
In its first generation of RBMPs under the WFD Denmark largest diffuse pollution contributor to coastal water in reported the status of 16881 river bodies, 940 lakes, 162 the country. This is a particularly serious issue coastal and 385 groundwater bodies. Only 30% of natural considering that, when including the Kattegat, about 50%
surface water bodies achieve a good or high ecological of the country drains into the Baltic Sea 69 , which is largely status 64 and 17% of heavily modified or artificial water eutrophic and strongly affected by nutrients pollution.
bodies achieve a good or high ecological potential (61%
unknown). Only 0.5% of surface water bodies (99.5% Denmark is changing its legislation implementing the unknown), 0.1% of heavily modified and artificial water Nitrates Directive. In view of the high agricultural bodies 65 (99.6% unknown) and 57% of groundwater pressure (e.g. Denmark is one of the biggest pork bodies achieve good chemical status 66 . 65% of producers in the EU
70 ) and the existing water quality
groundwater bodies are in good quantitative status 67 . issues, waiving environmental standards could hinder the necessary nutrient pollution reduction in Danish waters
Danish water bodies are affected by diffused pollution 68 and in the Baltic Sea and give rise to a further
(nutrients, organic matter and pesticides) from intensification of livestock farming. agriculture as well as point pollution (nutrients, organic
and chemical contaminants) from urban wastewater, As regards drinking water, Denmark reaches very high
industry and aquaculture. compliance rates of 99-100% for microbiological and chemical parameters, but shows a 98.7% compliance rate
There were certain deficiencies in the Danish River Basin with indicator parameters laid down in the Drinking
Management Plans for 2009-2015 in particular the Water Directive 71 .
methods for status assessments were not fully As shown in Figure 10, in 2015, in Denmark out of 1028
bathing waters, 85.7% were of excellent quality, 9.6% of
63 This includes the Bathing Waters Directive (2006/7/EC); the Urban good quality, 3.0% of sufficient quality. Six bathing
Waste Water Treatment Directive (91/271/EEC) concerning waters were of poor quality or non-compliant while it
discharges of municipal and some industrial waste waters; the was not possible to assess the remaining 11 bathing
Drinking Water Directive (98/83/EC) concerning potable water
quality; the Water Framework Directive (2000/60/EC) concerning waters
72 .
water resources management; the Nitrates Directive (91/676/EEC) and the Floods Directive (2007/60/EC)
64 Good ecological status is defined in the Water Framework Directive, referring to the quality of the biological community, the hydrological characteristics and the chemical characteristics.
65 Many European river basins and waters have been altered by human activities, such as land drainage, flood protection and building of 69 Lars Rydén, Pawel Migula, Magnus Andersson, 2003, Environmental dams to create reservoirs. science: understanding, protecting and managing the environment in
66 Good chemical status is defined in the Water Framework Directive the Baltic Sea region, Baltic University Press. referring to compliance with all the quality standards established for 70 Eurostat, Pig farming sector - statistical portrait 2014 chemical substances at European level. 71 Commission's Synthesis Report on the Quality of Drinking Water in
67 For groundwater, a precautionary approach has been taken that the Union examining Member States' reports for the 2011-2013 comprises a prohibition on direct discharges to groundwater, and a period, foreseen under Article 13(5) of Directive 98/83/EC i;
requirement to monitor groundwater bodies. COM(2016)666 i. 68 Diffuse pollution comes from widespread activities with no one 72 European Environment Agency, 2016. European bathing water quality
discrete source, e.g. acid rain, pesticides, urban run-off, etc. in 2015 , p. 26
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Figure 10: Bathing water quality 2012 – 2015 73 one area (Holstebro). Between 2002 and 2013, for the
three floods recorded the total direct costs were EUR 1,400 million. The average cost per flood was EUR 450
million 76 , well above the EU average of EUR 370 million 77 .
Suggested action
• Improve methods for status assessment and analysis of pressures of water bodies 78 .
• Ensure that legislation implementing the Nitrates Directive includes measures proportionate to the Danish agricultural pressures and water quality issues. The measures chosen to implement the Directive should improve water quality both in the short and long term.
Enhancing the sustainability of cities
The EU Policy on the urban environment encourages
The quality of the bathing water in Denmark has cities to implement policies for sustainable urban improved every year from 2012 to 2015 as showed in planning and design, including innovative approaches for figure 10. In 2015, Denmark was above the EU average urban public transport and mobility, sustainable bathing water quality. buildings, energy efficiency and urban biodiversity
conservation. Denmark is fully compliant with the Urban Waste
Treatment Directive and demonstrates excellent SDG11 aims at making cities and human settlements compliance rates for secondary and more stringent inclusive, safe, resilient and sustainable.
treatment (99.3% of the load collected is subject to Europe is a Union of cities and towns; around 75% of the secondary treatment in accordance with Art 4 of the EU population are living in urban areas 79 . The urban Urban Waste Water Treatment Directive and 98.8% of environment poses particular challenges for the the load collected is subject to more stringent treatment environment and human health, whilst also providing
in accordance with Article 5 of the Directive) 74 . opportunities and efficiency gains in the use of resources.
The Member States, European institutions, cities and stakeholders have prepared a new Urban Agenda for the EU (incorporating the Smart Cities initiative) to tackle these issues in a comprehensive way, including their connections with social and economic challenges. At the heart of this Urban Agenda will be the development of twelve partnerships on the identified urban challenges,
including air quality and housing 80 .
The European Commission will launch a new EU
benchmark system in 2017 81 .
The EU stimulates green cities through awards and
Denmark undertook a preliminary assessment of the risk
of flooding from rivers and coastal waters 75 . Coastal 76 Based on those floods that are sufficient to exceed the threshold for
flooding is of the most relevance to Denmark. Denmark inclusion in the EM-DAT database
77
has limited data on historic river flooding as they did not RPA, 2014. Study on Economic and Social Benefits of Environmental
cause large amounts of damage, with the exception of Protection and Resource Efficiency Related to the European Semester. Study for the European Commission, Annex 1: Country
78 The full set of recommendations relevant to the Water Framework 73 European Environment Agency, State of bathing water , 2016 Directive are found here .
74 Eighth Report on the Implementation Status and the Programmes for 79 European Environment Agency, Urban environment
Implementation (as required by Article 17) of Council Directive 80 http://urbanagendaforthe.eu/ 91/271/EEC concerning urban waste water treatment (COM 81 The Commission is developing an Urban Benchmarking and (2016)105 final) and Commission Staff Working Document Monitoring ('UBaM') tool to be launched in 2017. Best practices accompanying the report (SWD(2016)45 final). emerge and these will be better disseminated via the app featuring
75 Commission Staff Working Document, Report on the progress in the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, implementation of the Floods Directive , p. 37 Committee of the Regions, Covenant of Mayors and others.
Denmark 19
funding, such as the EU Green Capital Award aimed at International agreements
cities with more than 100,000 inhabitants and the EU
Green Leaf initiative aimed at cities and towns, with The EU Treaties require that the Union policy on the between 20,000 and 100,000 inhabitants. For example, in environment promotes measures at the international Denmark, the ERDF co-financed Copenhagen Cleantech level to deal with regional or worldwide environmental Cluster has been shortlisted as a REGIOSTAR 2016 finalist problems. by the European Commission 82 . Most environmental problems have a transboundary Copenhagen won the Green Capital Award in 2014. nature and often a global scope and they can only be Increasing urban development in Copenhagen with addressed effectively through international co-operation. accompanying expansion of the sewer system, as well as International environmental agreements concluded by increased rainfalls intensity have meant increased the Union are binding upon the institutions of the Union pressure on central waste water treatment plants 83 . To and on its Member States. This requires the EU and the minimise this pressure of draining off stormwater in new Member States to sign, ratify and effectively implement urban development areas, major renovation work is to be all relevant multilateral environmental agreements carried out according to the SUDS principles (Sustainable (MEAs) in a timely manner. This will also be an important Urban Drainage Systems). The new Ørestad district, contribution towards the achievement of the SDGs, which was founded in 1996 and today is an area of 150 which Member States committed to in 2015 and include hectares, was established with a three-stringed system. many commitments contained already in legally binding In the three-stringed system, household wastewater is agreements.
discharged to a central treatment plant, roof water is The fact that some Member States did not sign and/or discharged to recreational canals whereas road water is ratify a number of MEAs compromises environmental treated locally before being discharged to the implementation, including within the Union, as well as recreational canals. the Union’s credibility in related negotiations and
Copenhagen placed public-private partnerships at the international meetings where supporting the core of its approach to eco-innovation and sustainable participation of third countries to such agreements is an employment. Its North Harbour project, for example, established EU policy objective. In agreements where including a “Green laboratory” focusing on ecovoting takes place it has a direct impact on the number of technologies, has high potential for replication in the votes to be cast by the EU.
region around the city and beyond. Furthermore, Denmark is performing as one of the best in the EU with
Copenhagen alone has around 400 km of cycle paths, and regard to signing and ratifying such agreements.
about 40 per cent of the capital's population commute to
work by bicycle 84 .
Danish authorities have fulfilled all their obligations with regards to the Environmental Noise Directive for the current reporting period.
82 European Commission, 2016 REGIOSTARS finalists.
83 European Green Capital Award, 2011, Good Practice Statement , p.25
84 Denmark, Green Living
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Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful among the highest in the EU, which suggests that the
subsidies structure of car taxation in Denmark, currently based on low annual and high registration taxes at the time of the
The Circular Economy Action Plan encourages the use of purchase, is not meeting its environmental objectives. In financial incentives and economic instruments, such as an effort to counter the resulting disincentives to taxation to ensure that product prices better reflect purchase newer and more efficient cars, car registration environmental costs. The phasing out of environmentally taxes have been lowered. This is offset by the gradual harmful subsidies is monitored in the context of the extension of car registration taxes to cover hydrogen and European Semester and in national reform programmes electric cars. To incentivise the use of hydrogen or submitted by Member States. electric cars, a 52% increase in the diesel ‘countervailing
Taxing pollution and resource use can generate increased charge’ has been set, but exempting trucks, buses and revenue and bring important social and environmental tractors. Previous increases in the duty on emission of benefits. nitrogen oxides are also being rolled back.
Environmental tax revenues relative to GDP are high Figure 11: Environmental tax revenues as a share of total compared to the EU although there is room to align their revenues from taxes and social contributions (excluding design more with their environmental objectives. They imputed social contributions) in 2014
87
amounted to 4.08% of GDP in 2014, as compared with the EU average of 2.46%. In the same year environmental tax revenues accounted for 8.18% of total revenues from taxes and social-security contributions (EU28 average:
6.35%) as shown in Figure 11. This represents a modest decrease compared to 2013 (8.92%).
A 2016 study 85 based on levels of environmental taxes
that already exist in similar countries, shows there might be considerable potential for shifting taxes from labour to environmental taxes in Denmark, which could be used to increase revenues or reduce other taxes. Under a good
practice scenario 86 , these environmental taxes could
generate an additional DKK 8.93 billion (EUR 1.2 billion) in 2018, rising to DKK 15.01 billion (EUR 2.01 billion) in
2030 (both in real 2015 terms), although this may decline as behaviour changes. This is equivalent to an increase by
0.42% and 0.55% of GDP in 2018 and 2030, respectively.
The largest potential source of revenue comes from the amendments to taxes on transport fuels generating DKK
10.59 billion in 2030 (EUR 1.42 billion) (real 2015 terms), equivalent to 0.39% of GDP.
Per capita road transport emissions in Denmark are
85 Eunomia Research and Consulting, IEEP, Aarhus University, ENT,
2016. Study on Assessing the Environmental Fiscal Reform Potential for the EU28. N.B. National governments are responsible for setting tax rates within the EU Single Market rules and this report is not
suggesting concrete changes as to the level of environmental The reduction of environmentally harmful subsidies is
taxation. It merely presents the findings of the 2016 study by another key area. The discrepancy between tax rates for
Eunomia et al on the potential benefits various environmental taxes petrol and diesel has been fairly stable at about EUR 0.18
could bring. It is then for the national authorities to assess this study
and their concrete impacts in the national context. A first step in this to EUR 0.20 per litre over the past two decades, but
respect, already done by a number of Member States, is to set up being close to 30% of the petrol tax, it is significant. The
expert groups to assess these and make specific proposals. 86 The good practice scenario means benchmarking to a successful
Denmark 21
discrepancy is addressed with a partially offsetting support the uptake of GPP initiatives such as knowledge circulation surtax on diesel vehicles, which has recently sharing networks, partnership for frontrunners, TCO been increased. Nevertheless, Denmark would benefit tools, best practice examples, GPP task force etc. have from phasing out the reduced energy duty for diesel, been launched at national level. especially if coordinated with similar moves in
neighbouring countries, which will not only address The implementation of Green Public Procurement was negative impacts on environment but at the same time investigated at national level for the year 2013 in a report
will deliver additional revenues. published in 2016. The report finds that in 24% of the tenders covered all relevant green criteria has been
Green Public Procurement applied and in 71% of the tenders one or more criteria
The EU green public procurement policies encourage has been applied. In the report, GPP has been measured within the 9 product areas related to the 50% target in
Member States to take further steps to reach the target EU 93 .
of applying green procurement criteria to at least 50% of
public tenders. Investments: the contribution of EU funds
Green Public Procurement (GPP) is a process whereby public authorities seek to procure goods, services and
works with a reduced environmental impact throughout European Structural and Investment Funds Regulations their life-cycle when compared to goods, services and provide that Member States promote environment and works with the same primary function that would climate objectives in their funding strategies and
otherwise be procured. programmes for economic, social and territorial cohesion, rural development and maritime policy, and
The purchasing power of public procurement equals to reinforce the capacity of implementing bodies to deliver
approximately 14% of GDP 88 . A substantial part of this cost-effective and sustainable investments in these areas.
money is spent on sectors with high environmental
impact such as construction or transport, so GPP can help Making good use of the European Structural and to significantly lower the impact of public spending and Investment Funds (ESIF)
94
is essential to achieve the
foster sustainable innovative businesses. The environmental goals and integrate these into other policy
Commission has proposed EU GPP criteria 89 . areas. Other instruments such as the Horizon 2020, the LIFE programme and the EFSI 95 may also support
A National Strategy on GPP is in force through the implementation and spread of best practice. government strategy on Intelligent Public Procurement 90 .
Denmark has adopted the indicative political target of Denmark has ERDF funding of EUR 206.6m over the 2014-
50% of GPP as referred to in the GPP communication 91 . 2020 programming period (see Figure 12). Apart from investments in energy efficiency measures in businesses,
Denmark has a well-functioning procurement system that the ERDF programmes does not envisage investments in is quite advanced in its strategic dimension, as it includes environmental projects as such; but projects may contain green, SME, social and to lesser extent innovation components addressing environmental issues or climate criteria. Procurement is conducted primarily at the local change directly.
level, whereas the central government and the regions
have a lesser share of procurement. As Denmark makes substantial environmental
investments from national sources, only relatively small,
GPP criteria are developed at the national level, however explicit investments from the ERDF have been deemed for the most part the EU GPP criteria are being necessary. The regions have adopted development communicated to the procurers. National GPP criteria strategies, which capture the challenges and have been developed for the product groups: electricity opportunities identified for the individual region (smarty using products, timber, and transport (small and large specialization). Important elements of these strategies vehicles). The EU GPP criteria are recommended for the are business clusters e.g. CLEANTECH.
product groups where there is no national guidance 92 . To The National Rural Development Program of Denmark
88 (RDP) allocates EUR 918.8m from EARDF. European Commission, 2015. Public Procurement
89 In the Communication “Public procurement for a better environment”
(COM /2008/400) the Commission recommended the creation of a
process for setting common GPP criteria. The basic concept of GPP 93 European Commission, 2015. Documentation on National GPP Action
relies on having clear, verifiable, justifiable and ambitious Plans environmental criteria for products and services, based on a life-cycle 94 ESIF comprises five funds – the European Regional Development approach and scientific evidence base. Funds (ERDF), the Cohesion Fund (CF), the European Social Fund
90 Denmark, Green Living (ESF), the European Agricultural Fund for Rural Development
91 European Commission, 2015. Documentation on National GPP Action (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The
Plans ERDF, the CF and the ESF together form the Cohesion Policy funds. 92 European Commission, 2015. Documentation on National GPP Action 95 European Investment Bank, 2016 European Fund for Strategic
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The budget for agri-environmental-climate measures agricultural package, there is no legal instrument, or any represents 22.5% of the total EAFRD budget - of the voluntary instrument (which would be anyway approved RDP and, since DK does not propose to considered inadequate) to fill in the gap that exists to increase the allocation for agri-environment-climate decrease nitrates pollution as necessary. measure, the relative contribution will therefore
significantly decline, although there are other measures With regard to the integration of environmental concerns that contribute to restoring, preserving and enhancing into the Common Agricultural Policy (CAP), the two key ecosystems related to agriculture and forestry, as well as areas for Denmark (as for all Member States) are, first, additional funds allocated to reducing ammonia using Rural Development funds to pay for environmental emissions. Denmark does not activate the measure on land management and other environmental measures, compensation for restrictions emanating from while avoiding financing measures which could damage
implementation of Natura 2000 in the RDP. the environment; and secondly, ensuring an effective implementation of the first pillar of the CAP with regard
Biodiversity financing in DK RDP is problematic since DK to cross compliance and 1st pillar 'greening'. 30% of takes an ''island'' approach that does not consider areas direct payment envelope is allocated to greening outside Natura 2000, although these directly contribute practices beneficial for the environment. An to the objectives of Natura 2000, as well as the EU environmentally ambitious implementation of 1st pillar Biodiversity Strategy 2020. DK is committed to greening would clearly help to improve the introducing measures to promote biodiversity in environmental situation in areas not covered by rural intensive agricultural areas. development, including intensive agricultural areas, and
Figure 12: EU Structural & Investment Funds 2014-2020: if appropriate Denmark could review its implementation
Budget Denmark by theme, EUR billion 96 of this.
For the year 2015 Denmark made it possible to use six elements laid down by the regulation as ecological focus areas (EFAs) out of a possible 18 elements. For example, from landscape features, only ponds and protected ancient elements can be declared by farmers as an EFA. On short rotation coppices as EFAs, fertiliser is allowed to be used and plant protection products are not allowed to be used. Denmark did not choose to implement EFA in the form of nitrogen fixing crops. As indicated by Denmark in informal exchanges, for the year 2016, only catch crops can be designated as an EFA. 20% of Natura 2000 grasslands were designated as environmentally sensitive, with nothing designated outside Natura 2000 areas, which is not an ambitious choice.
A small allocation exists to support high-nature value forests, and the reconversion of non-indigenous, nonresilient plantations to stands of native tree species.
The RDP includes measures for pasture management in high-nature value and Natura 2000 areas, as well as a measure for organic farming conversion and maintenance. However, the main focus of funding is not on biodiversity, but rather on tackling pollution. After the modification, the RDP is going to be one of the main instruments for voluntary measures on constructed miniwetlands, to tackle nitrates pollution after the abolition of obligatory measures and the introduction of a new agricultural package. Currently, after adoption of the
96 European Commission, European Structural and Investment Funds
Denmark 23
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5.Effective governance and knowledge
Capacity to implement rules
SDG 16 aims at providing access to justice and building
effective, accountable and inclusive institutions at all It is crucial that central, regional and local levels. SDG 17 aims at better implementation, improving administrations have the necessary capacities and skills policy coordination and policy coherence, stimulating and training to carry out their own tasks and co-operate science, technology and innovation, establishing and co-ordinate effectively with each other, within a partnerships and developing measurements of progress. system of multi-level governance.
Effective governance of EU environmental legislation and policies requires having an appropriate institutional framework, policy coherence and coordination, applying legal and non-legal instruments, engaging with nongovernmental stakeholders, and having adequate levels
of knowledge and skills 97 . Successful implementation
depends, to a large extent, on central, regional and local government fulfilling key legislative and administrative tasks, notably adoption of sound implementing legislation, co-ordinated action to meet environmental objectives and correct decision-making on matters such as industrial permits. Beyond fulfilment of these tasks, government must intervene to ensure day-to-day compliance by economic operators, utilities and individuals ("compliance assurance"). Civil society also has a role to play, including through legal action. To
underpin the roles of all actors, it is crucial to collect and The Ministry of Environment and Food of Denmark share knowledge and evidence on the state of the includes the Department, the Danish AgriFish Agency and environment and on environmental pressures, drivers the Danish Veterinary and Food Administration, the and impacts. Environmental Protection Agency, The Danish Nature
Agency, the Danish Coastal Authority and the Agency for Equally, effective governance of EU environmental
legislation and policies benefits from a dialogue within Water and Nature management. Three independent
Member States and between Member States and the appeal boards are also linked to the Ministry including for environmental appeals (they have become part of the
Commission on whether the current EU environmental
legislation is fit for purpose. Legislation can only be Ministry for Business and Growth since 1 January 2017).
properly implemented when it takes into account The Ministry itself is the political arm of the organisation with its main tasks being: policy development, minister
experiences at Member State level with putting EU
commitments into effect. The Make it Work initiative, a related service and management. All parts of the ministry
Member State driven project, established in 2014, prepare and implement legislation.
organizes a discussion on how the clarity, coherence and The Environmental Protection Agency prepares structure of EU environmental legislation can be legislation and guidelines and grants authorisations in improved without lowering existing protection standards. several areas. Further duties include the monitoring of
Effective governance within central, regional chemicals and offshore platforms.
and local government Municipalities are responsible for granting permits and inspection of other enterprises and also carry out the
Those involved in implementing environment legislation majority of specific public sector duties. The at Union, national, regional and local levels need to be municipalities are typically the point of contact for the equipped with the knowledge, tools and capacity to general public and for companies wishing to access improve the delivery of benefits from that legislation, information on the environment.
and the governance of the enforcement process. The Danish regions are charged with the generation of
regional development plans. They undertake special tasks in the areas of soil contamination and raw materials.
97 The Commission has work ongoing to improve the country-specific The 2013 European Quality of Government Index puts
knowledge about quality and functioning of the administrative systems of Member States.
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Denmark in first place out of the 28 Member States 98 . audits for systemic weaknesses. Similarly, there is a range
Transposition and implementation of EU environmental of means to promote compliance, including awarenesslegislation by Denmark has traditionally been good. In raising campaigns and use of guidance documents and general, Denmark communicates the transposition online information tools. Follow-up to breaches and legislation fast and the overall conformity of the Danish liabilities can include administrative action (e.g. environmental legislation with the EU legislation is good. withdrawal of a permit), use of criminal law
102 and action
under liability law (e.g. required remediation after The number of complaints and infringement cases damage from an accident using liability rules) and concerning DK is low. The areas of concern are related to contractual law (e.g. measures to require compliance water management (e.g. timely adoption of River Basin with nature conservation contracts). Taken together, all Management Plans required by the Water Framework of these interventions represent "compliance assurance" Directive) and air pollution (i.e. the compliance with limit as shown in Figure 13. values for air pollutants). The "agricultural package"
which Denmark adopted in December 2015, is also Figure 13: Environmental compliance assurance
subject to an investigation to make sure that it fulfils the requirements of the nitrates and water legislation.
Coordination and integration
Impact assessments are important tools to ensure
environmental integration in all government policies 99 .
The Commission issued a guidance document in 2016 100
regarding the setting up of coordinated and/or joint procedures that are simultaneously subject to assessments under the EIA Directive, Habitats Directive,
Water Framework Directive, and the Industrial Emissions
Directive 101 .
Compliance assurance
Best practice has moved towards a risk-based approach
EU law generally and specific provisions on inspections, at strategic and operational levels in which the best mix other checks, penalties and environmental liability help of compliance monitoring, promotion and enforcement is lay the basis for the systems Member States need to directed at the most serious problems. Best practice also have in place to secure compliance with EU recognises the need for coordination and cooperation environmental rules. between different authorities to ensure consistency,
Public authorities help ensure accountability of dutyavoid duplication of work and reduce administrative holders by monitoring and promoting compliance and by burden. Active participation in established pan-European taking credible follow-up action (i.e. enforcement) when networks of inspectors, police, prosecutors and judges, breaches occur or liabilities arise. Compliance monitoring such as IMPEL
103 , EUFJE 104 , ENPE 105 and EnviCrimeNet 106 ,
can be done both on the initiative of authorities is a valuable tool for sharing experience and good themselves and in response to citizen complaints. It can practices.
involve using various kinds of checks, including Currently, there exist a number of sectoral obligations on inspections for permitted activities, surveillance for inspections and the EU directive on environmental
possible illegal activities, investigations for crimes and liability (ELD) 107 provides a means of ensuring that the
"polluter-pays principle" is applied when there are
98 Dr Nicholas Charron, European Quality of Government Index 2013. accidents and incidents that harm the environment.
99 Article 11 of the TFEU provides that "Environmental protection There is also publically available information giving requirements must be integrated into the definition and insights into existing strengths and weaknesses in each
implementation of the Union's policies and activities, in particular
with a view to promoting sustainable development." Member State.
100 European Commission, 2016. Commission notice — Commission For each Member State, the following were therefore
guidance document on streamlining environmental assessments conducted under Article 2(3) of the Environmental Impact
Assessment Directive (Directive 2011/92 i/EU of the European 102 European Union, Environmental Crime Directive 2008/99/EC Parliament and of the Council, as amended by Directive 2014/52 i/EU). 103 European Union Network for the Implementation and Enforcement
101 European Commission, 2016. Commission notice — Commission of Environmental Law guidance document on streamlining environmental assessments 104 European Union Forum of judges for the environment conducted under Article 2(3) of the Environmental Impact 105 The European Network of Prosecutors for the Environment Assessment Directive (D irective 2011/92/EU of the European 106 EnviCrimeNet
Parliament and of the Council, as amended by Directive 2014/52 i/EU). 107 European Union, Environmental Liability Directive 2004/35/CE , p.56
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reviewed: use of risk-based compliance assurance; direct compliance assurance in relation to critical coordination and co-operation between authorities and activities outside of industrial installations, especially participation in pan-European networks; and key aspects specific problem-areas highlighted elsewhere in this of implementation of the ELD based on the Commission's Country Report, poor air quality and the pressures
recently published implementation report and REFIT on water quality from diffuse sources of pollution 115 . evaluation 108 . − arrangements for cooperation and coordination
Planning of environmental compliance monitoring based between different municipal inspection authorities on risk-based approaches is widely used in Denmark, in and between them and other authorities with particular in relation to inspections of industrial relevant competencies. installations 109 . Inspection guidance is in place and efforts − how the Danish authorities ensure a targeted and have been done to develop a performance assessment proportionate response to different types of nonframework focussing on specific environmental problems compliant behaviour, in particular in relation to reflecting the competent authority’s strategic serious breaches detected, given indications that priorities 110 . Some data collection arrangements which there is a low probability of being criminally allow following trends and better targeting compliance prosecuted and sentenced for environmental assurance are established 111 . Municipalities are mainly in offences and that fines cannot be imposed through charge of inspection in the Danish de-centralised administrative proceedings.
system 112 . Compliance promotion activities are
conducted at regional and local level and mechanisms for Concerning the ELD, the Danish authorities have issued a a dialogue with the regulated community are in place 113 . comprehensive guidance document with regard to the Denmark is active within IMPEL, in particular in its Expert application of the directive especially focusing on the
Team 'Land & Water'. understanding of the term ‘environmental damage’. For the period 2007-2013, however Denmark did not report
As regards enforcement, the set of sanctions applicable any instance of environmental damage or imminent to environmental offences is not flexible enough to threat that was handled under the Environmental respond to different types of non-compliance behaviour Liability Directive, suggesting that the Danish authorities and significant differences in sanctions application across apply a high bar before the Directive is considered
the country have been observed 114 . applicable and that alternative instruments, which were
Up-to-date information is lacking in relation to the in force prior to the directive, have been considered
following: sufficient in the concrete cases. It is not mandatory for operators to take out insurance covering incidents under
− the extent to which risk-based methods are used to the ELD. The Danish State has encouraged the insurance
industry to develop appropriate insurance products but there is no evidence to what degree such insurance
108 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This
highlighted the need for better evidence on how the directive is used policies have been taken out.
in practice; for tools to support its implementation, such as guidance, Suggested action
training and ELD registers; and for financial security to be available in
case events or incidents generate remediation costs. • Improve transparency on the organisation and
109 Study on 'Assessment and summary of the Member States'
implementation reports for the IED, IPPCD, SED and WID. Industrial functioning of compliance assurance and on how
Emissions Directive, 2016, Amec Foster Wheeler significant risks are addressed, as outlined above. Environment&Infrastructure UK Ltd in collaboration with Milieu Ltd, • Encourage greater participation of competent
-
p.187.
110 authorities in the activities of ENPE, EUFJE and Mazur, E. (2010), Outcome Performance Measures of Environmental
Compliance Assurance: Current Practices, Constraints and Ways EnviCrimeNet.
Forward, OECD Environment Working Papers, No 18, OECD • Take further steps to encourage the insurance industry
Publishing, p. 10. to further develop and popularize insurance
111 For instance, an OECD study highlights statistics showing the trends
in non-compliance among waste-water treatment plants and instruments covering environmental damage under the
illustrating the positive impact of compliance measures on the ELD.
behaviour of the regulated entities, ibid, p. 38-39. 112 There are indications that municipalities suffer budget constraints
and sometimes lack the expertise to inspect complex industrial installations. See 'Study into Possible Options for Revising Recommendation 2001/331/EC providing for minimum criteria for environmental inspections', COWI/Ecorys, 2011, p. 186-188.
113 Ibid, p. 189.
114 See 'Study into Possible Options for Revising Recommendation
2001/331/EC providing for minimum criteria for environmental 115 Some issues have been identified also in relation to control of water
inspections', COWI/Ecorys, 2011, p. 187 and 'Comparative study of abstraction European Court of Auditors, Special Report No 4, 2014, pressures and measures in the major River Basin Management Plans' , Integration of EU water policy objectives with the CAP: a partial Section Governance, 2012, p. 49. success, p. 35.
Denmark 26
and business that environmental information is shared in an efficient and effective way. This covers reporting by
Public participation and access to justice businesses and public authorities and active dissemination to the public, increasingly through
The Aarhus Convention, related EU legislation on public electronic means.
participation and environmental impact assessment, and
the case-law of the Court of Justice require that citizens The Aarhus Convention
117
, the Access to Environmental
and their associations should be able to participate in Information Directive
118 and the INSPIRE Directive 119
decision-making on projects and plans and should enjoy together create a legal foundation for the sharing of
effective environmental access to justice. environmental information between public authorities and with the public. They also represent the green part of
Citizens can more effectively protect the environment if the ongoing EU e-Government Action Plan 120 . The first they can rely on the three "pillars" of the Convention on two instruments create obligations to provide Access to Information, Public Participation in Decisioninformation to the public, both on request and actively. making and Access to Justice in Environmental Matters The INSPIRE Directive is a pioneering instrument for ("the Aarhus Convention"). Public participation in the electronic data-sharing between public authorities who administrative decision making process is an important can vary in their data-sharing policies, e.g. on whether element to ensure that the authority takes its decision on access to data is for free. The INSPIRE Directive sets up a the best possible basis. The Commission intends to geoportal which indicates the level of shared spatial data examine compliance with mandatory public participation in each Member State – i.e. data related to specific requirements more systematically at a later stage. locations, such as air quality monitoring data. Amongst
Access to justice in environmental matters is a set of other benefits it facilitates the public authorities' guarantees that allows citizens and their associations to reporting obligations.
challenge acts or omissions of the public administration For each Member State, the accessibility of before a court. It is a tool for decentralised environmental data (based on what the INSPIRE Directive implementation of EU environmental law. envisages) as well as data-sharing policies ('open data')
For each Member State, two crucial elements for have been systematically reviewed.
effective access to justice have been systematically Denmark's performance on the implementation of the reviewed: the legal standing for the public, including INSPIRE Directive as enabling framework to actively NGOs and the extent to which prohibitive costs represent disseminate environmental information to the public a barrier. leaves room for improvement. Denmark has indicated in
Denmark provides excellent public participation and the 3-yearly INSPIRE implementation report
121 that the
generally an effective access to justice in environmental necessary data-sharing policies allowing access and use matters. The public may, however, face problems of spatial data by national administrations, other obtaining legal standing when an authority refuses to Member States' administrations and EU institutions
intervene in case of an unlawful activity 116 . without procedural obstacles are available and implemented. Denmark is implementing a common
Suggested action public data infrastructure with common public data•
Take the necessary measures to ensure that the costs sharing policies based on open data principles.
of legal challenges involving EU environmental law are Assessments of monitoring reports 122 issued by Denmark
not prohibitively expensive, and in line with the and the spatial information that Denmark has published
requirements of EU law as well as the Aarhus on the INSPIRE geoportal 123 indicate that not all spatial
Convention. information needed for the evaluation and implementation of EU environmental law has been made
Access to information, knowledge and available or is accessible. The larger part of this missing
evidence spatial information consists of the environmental data required to be made available under the existing
The Aarhus Convention and related EU legislation on access to information and the sharing of spatial data 117 European Union, Directive 2003/4/EC on public access to require that the public has access to clear information on environmental information
the environment, including on how Union environmental 118 European Union, INSPIRE Directive 2007/2/EC 119
law is being implemented. European Commission, 2016. INSPIRE Directive 120 European Union, EU eGovernment Action Plan 2016-2020 -
It is of crucial importance to public authorities, the public Accelerating the digital transformation of government COM(2016) 179 final
121 European Commission, INSPIRE reports 116 European Commission, 2012/2013 access to justice in environmental 122 Inspire indicator trends
matters in 2012/2013 123 Inspire Resources Summary Report
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reporting and monitoring regulations of EU environmental law.
Suggested action
• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.