5.2.   The term "listed enterprise"



One of the ideas that Denmark assumed from Sweden was that one should have a list of "particularly polluting enterprises", and that new enterprises on this list should apply for environmental approval. The list as it currently stands is reproduced at the end of this book. When examining the list, one should take note of the following: Some of the branches are marked with an (a) to indicate that the environmental authority is the County. When nothing is indicated, the environmental authority is the Municipality. The criterion for whether the County is the environmental authority is the pollution potential and complexity of the branch in question. Because of their larger size, the county environmental divisions have the greatest possibility to build up specialist knowledge concerning complicated enterprises.

A total of just over 60 branches are included on the list. In terms of enterprises, the list comprises approx. 10,000; of these, approx. 4,000 are (a) marked, the remaining 6,000 being under the environmental authority of their Municipality.

Originally, i.e. in 1974, the list was considerably more comprehensive. Nearly every form of manufacturing enterprise was classified as a "particularly polluting enterprise". Some branches with many enterprises were subsequently removed from the list because they became regulated by general rules (e.g. vehicle repair shops and fur farms). However, following the adoption of the 1991 Environmental Protection Act the size of the list was reduced dramatically - from approx. 25,000 enterprises to 10,000. A number of branches with a manageable level of pollution were removed from the list, while in the case of certain other branches - as can be seen from the list - minimum levels were introduced. The grounds for the reduction were administrative; as the Act required that existing enterprises undergo the authorization procedure, the local authorities would only be able to manage the task if the list was reduced.


Regulation of polluting enterprises

However, reduction of the list has given rise to some debate in professional circles. Adherents of the old long list maintained that with approvals, the enterprises immediately knew precisely what conditions they had to meet. In the case of those enterprises deleted from the list, the authorities are now only able to take action by issuing injunctions. However, injunctions cost more work because of procedural requirements and antipathy on the part of the enterprise.

It is necessary to differentiate the listed enterprises into "new" or "post-74" and "existing" or "pre-74", the dividing date being 1 October 1974, the date that the first Environmental Protection Act entered into force. The reason is that the first Act was not so bold as to require the authorization of "pre-74" enterprises.

5.2.1. "Post-74" listed enterprises:

In the space of rather few years the affected branches learnt that environmental authorization was required when starting a completely new enterprise.

In contrast, however, it took at least 10-12 years before the enterprises learnt that they had also to be aware of the supplementary rule that environmental authorization was also required if changes made to an enterprise’s buildings or production would lead to greater pollution. Examples of such changes are expansion with new polluting machines or the transition from one-shift to two-shift production. On the other hand, authorization is not required when replacing old machines with new, less polluting machines.

5.2.2. "Pre-74" listed enterprises:

Enterprises are classified as "existing" or "pre-74" if they were in operation prior to 1 October 1974. Such enterprises do not have an environmental authorization. The premise of the first Act was that they should be permitted to continue the same level of pollution as previously. This notwithstanding, it is still possible to serve injunctions on "pre-74" enterprises, as has been done in several hundred cases where neighbours have complained about noise, odour or dust pollution. However, it became more and more clear over the years that while the imposition of environmental requirements on "post-74" enterprises had made them cleaner than the "pre-74" enterprises, emissions were greatest from the "pre-74" enterprises, which operated without environmental authorization and using archaic manufacturing equipment.

The 1991 Environmental Protection Act now stipulates that "pre-74" enterprises shall apply for environmental authorization. The deadline differs from branch to branch, varying from 1.1.1993 to 1.7.200016. Decisions on the applications are based on the premise that the "pre-74" enterprises should be subject to the same environmental requirements as "post-74" enterprises. However, since some of the "pre-74" enterprises are unfortunately located or badly constructed, certain compromises are necessary. In certain cases the requirements can be less stringent than with new enterprises. In other cases one might allow the enterprise a few years to move to a suitable industrial area.

When the processing of these cases has been completed, that is shortly after the year 2000, it will no longer be necessary to differentiate between "post-74" and "pre-74" enterprises. The operation is expected to cost the "pre-74" enterprises DKK 1,700 million.

With the benefit of hindsight one can wonder whether it was really necessary to give the "pre-74" enterprises approx. 25 years before they were to be subject to modern environmental requirements. A somewhat shorter transitional period would perhaps have been possible.