6.8.   Small enterprises



The EC has not issued rules directed at small enterprises, in the industrial sector the EC having concentrated its interest on major, massively polluting plants.

However, Danish environmental legislation contains a number of rules directed at small enterprises because they often bother their neighbours with noise or odour.

In the case of three groups of enterprises, certain general rules apply (6.8.1-6.8.3). Other than that, it is always possible for the environmental authorities to issue a specific injunction (6.8.4).

6.8.1.   Vehicle repair shops:

There are approximately 9,000 vehicle repair shops in Denmark. They are regulated through a branch-specific Statutory Order, the main aim of which is to reduce noise, but which also regulates the problem of organic solvents. For example, it is prohibited to establish a new vehicle repair shop that undertakes spraying or undersealing within a 100 m radius of houses. However, there are a large number of old vehicle repair shops located less than 100 m from houses and which undertake such activities, but they have usually been allowed to continue.

Progress has undoubtedly been made with respect to vehicle repair shops, a systematic study having shown that the general rules are well suited to such a branch with relatively homogeneous enterprises. They have solved a number of problems with neighbours and have facilitated the administrative side of things. The results of the supervisory work are also encouraging for the small enterprises; in 1992, conditions were correct at just over 90% of the vehicle repair shops.

6.8.2.   Windmills:

Until 1991 windmills were treated individually as listed enterprises. Since then, however, the requirements have been stipulated in a Statutory Order. The most important requirement is that the noise level in the garden of a neighbour in the countryside must not exceed 45 db(A). If the windmill is in a housing area or a summer cottage area, the limit is 40 db(A).

Progress with respect to windmills is mainly administrative, the new general rules being easier than having to draw up individual approvals. From the point of view of neighbours to windmills, though, the administrative reform is of no relevance: They simply do not like windmills. From society’s point of view it is a problem that neighbour resistance to windmills has become so great that it has slowed down the establishment of new windmills. Denmark still has considerable potential for wind energy.

6.8.3.   Registered enterprises:

In 1992, approx. 15,000 enterprises were removed from the list following its revision. These were enterprises that were recorded in the municipal environmental registers. The idea is that supervision of these enterprises shall still be undertaken, and that if problems arise with them, injunctions should be issued containing environmental requirements. In order to facilitate municipal supervision of this group, the enterprises in question are bound to report to the Municipality any significant changes they make.

The progress made with respect to this new regulatory form cannot yet be assessed.

6.8.4.   Small enterprises - specific injunctions:

If commercial enterprises, including private and public building and construction projects give rise to significant pollution, the Municipality can issue an injunction to reduce the pollution. This provision thus applies to all forms of commercial enterprise, and is the basis on which, among other things, cases concerning noise from restaurants or odour from fast food centres, etc. are dealt with.

Injunctions can also be issued with respect to sports facilities, leisure clubs and similar leisure activities that subject neighbours to unacceptable noise levels.

Since from the pollution point of view these cases are of no major consequence, progress made on the environmental regulation of small enterprises is largely reflected by the fact that administration of the problems helps to solve conflicts between neighbours.