Audible response
Comments on the draft executive order regarding construction and civil engineering projects for the establishment of an emergency ferry service across the Great Belt, including associated road and port facilities, etc., and work on the Great Belt fixed link
Danish Ports would like to express its gratitude for the opportunity to comment on the above-mentioned executive order.
Danish Ports welcomes the fact that Denmark’s mobility preparedness and security of supply are being strengthened at a time marked by a changing security threat landscape and an increasing focus on the protection of critical infrastructure.
The ability to quickly re-establish transport links across the Great Belt in the event of prolonged disruptions to the fixed link is a key component of societal resilience. Danske Havne therefore supports the proposal to establish the necessary port and access facilities in Halsskov and Knudshoved.
Danske Havne also views it as a positive development that the project is based on existing port infrastructure and thus builds upon existing facilities that are physically close to the Great Belt Link.
Danish Ports notes that the proposal applies to construction and civil engineering projects for the establishment of emergency ferry services and the construction of associated road and port facilities, etc., at Knudshoved Port and Halsskov Port, respectively.
Comments on the proposal
For Danske Havne, fair competition among ports is essential to a well-functioning port sector. In light of this, we offer the following comments on the content of the proposal.
Use of port facilities
To ensure a level playing field, it is essential that the facilities established under this proposal be used solely for emergency ferry operations and not for other port, transport, logistics, or similar purposes. The proposed facilities are established under special legislation and for a specific purpose; therefore, it could have a negative impact on the competitive situation among ports in Denmark if the facilities are subsequently used for commercial, market-driven activities established under other legislation that does not provide the same degree of flexibility as that provided by this proposal.
Pursuant to Section 1 , the Ports Act applies to ports used for the commercial handling of cargo, vehicles, and passengers, as well as for the unloading of fish.
Since Section 1 of the Port Act is not waived in the proposal, it must be concluded that the proposed ports of refuge do not serve such a commercial purpose.
The emergency ports likely to be designated under the proposal must also fall under Section 21(1) of the Ports Act, i.e., a port whose scope of use is limited. In this case, the limited purpose is “emergency port.”
The Ministry of Transport is requested to indicate whether the ports established under the proposal are subject to the Ports Act and, if so, how, as noted above.
If the ports in question are subject to the Ports Act, Section 21(5) of the Ports Act allows the Minister of Transport, under very exceptional circumstances, to authorize individual shipments of goods, etc., that fall outside the port’s area of operation.
That provision may, in exceptional cases, be applied if special public interest considerations so warrant. For example, defense purposes, which should otherwise always, as a general rule, make use of existing ports. In such cases, Danske Havne urges that the provision be implemented following consultation with the industry and, in particular, with ports in the neighboring area.
Other comments
Use of clean materials for backfilling
The executive order entails extensive exemptions from a number of key environmental protection regulations, including rules on contaminated soil, soil movement, and environmental protection, thereby largely eliminating the normal control, permitting, and documentation requirements. Danske Havne therefore believes that it should be a prerequisite that backfilling in connection with the construction work be carried out exclusively with clean, uncontaminated materials.
Danske Havne considers it essential that no provision be made, either directly or indirectly, for the use or incorporation of contaminated or slightly contaminated materials in connection with landfilling, including in quay structures and behind sheet pile walls.
The use of such materials could not only pose environmental risks—particularly in coastal and maritime environments where an environmental impact assessment is not required—but it would also give rise to distortions of competition. If it is not ensured that only clean materials are used, this could put other port and construction projects—which remain subject to general environmental law requirements—at a disadvantage and thus create an uneven competitive landscape.
Need for a general streamlining of regulatory processes
In conclusion, Danske Havne notes that, in connection with projects involving significant national defense or civil emergency preparedness objectives, the government considers it necessary to establish more flexible and faster regulatory processes.
Danish Ports shares the desire to ensure the swift and efficient implementation of projects critical to society. The lessons learned from this process can usefully inform discussions on how the regulatory review of ports and other infrastructure projects can generally be made more efficient in the future.
Efficient regulatory processes are not only crucial for emergency preparedness projects, but also for the development of the infrastructure that supports Denmark’s security of supply, green transition, and competitiveness.
Danish Ports is, of course, available for further discussion regarding the port sector’s contribution to strengthening Denmark’s overall resilience, security of supply, and emergency preparedness.
