Article 9 (1) of the TEN-E Regulation (Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009) implies that Member States shall publish a manual of procedures for the permit granting process applicable to projects of common interest.
The Danish manual of procedures provides the details of the permit granting process for PCI-projects in Denmark. The approval will follow normal practice for energy infrastructure projects, and the TEN-E Regulation itself is considered to provide the establishment of the overall deadline for granting of permissions. It is likely to concern very few projects in Denmark and most likely projects of high political significance. They will therefore be subject to special attention as is customary for such projects in Denmark.
The Danish Energy Agency (ens@ens.dk) is appointed as the competent authority in the permit granting process. The Danish Environmental Protection Agency (mst@mst.dk) is responsible for spatial planning and EIA permits in accordance with the act on planning (article 11 g) , and underlying executive orders in particular on EIA. Furthermore, the Danish Environmental Protection Agency is responsible for approving the concept for public participation in accordance with article 9 (3) of the TEN-E Regulation, if the PCI project is subject to an EIA permit onshore in Denmark. If the PCI project will not require an EIA permit, the Danish Energy Agency will be responsible for approving the concept for public participation.
In accordance with the TEN-E Regulation the project promoter shall ensure the completeness and adequate quality of the application file. It is advisable for the project promoter to seek the competent authority’s opinion on this as early as possible during the pre-application procedure.
The granting of permission for the Danish TSO to establish energy transmission facilities is regulated by the act on Energinet.dk (article 4 and 4 a) and the natural gas supply act (article 13).
The off-shore PCI-transmission facilities concerning electricity or natural gas are granted permission in accordance with the electricity or natural gas supply acts and the act on the continental shelf.