Commissioner Virginijus Sinkevičius
Commissioner for Environment, Oceans and Fisheries
European Commission
J.nr. 2023-6277
Den 30. juni 2023
Dear Commissioner Virginijus Sinkevičius,
Thank you for taking the time to meet me on 27 June 2023 and many thanks for a
very constructive dialogue. We highly appreciate your willingness to prioritize a
quick response to our letter on the interpretation of the Water Framework
Directive and assisting us on this very difficult issue.
As you are aware, a new ruling from the Danish Environment and Food Board of
Appeal has major consequences for a number of activities leading to a discharge of
hazardous substances to water bodies, e.g. Power-to-X, power plants and other
projects regarding transition to green energy etc.
The ruling presents a different interpretation of deterioration in the Water
Framework Directive than the interpretation presented in
The Danish Environmental Protection Agency’s guidance documents. Due to
uncertainty of the legal interpretation, environmental authorities have put new
permits and permit revisions on hold.
We would be grateful if you would share the Commision’s view and interpretations
of the concept of deterioration as this will help inform our assessment of the way
forward. I kindly refer to the ministry’s letter to DG ENVI dated 16 May 2023.
Since projects of crucial activities such as critical infrastructure and new
sustainable developments are no longer possible as a consequence of the ruling by
the above-mentioned Board of Appeal, a quick response will be highly appreciated.
We are aware that the statements will represent the views of the DG ENVI of the
Commission, and that the European Court of Justice is the sole authority on
interpretation of the aquis.
For your information, the Environment and Food Board of Appeal is an indepen-
dent court-like institution within the field of nature, environment, agriculture,
fisheries and food. The rulings are binding for state and local authorities’
administration and authorization of plans and projects.
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