Order No. 855 on the environmental impact assessment of projects concerning commercial ports and the Port of Copenhagen, and on the administration of international nature protection areas and the protection of certain species as regards the construction and expansion of ports.

This Order regulates environmental impact assessment procedures for projects concerning commercial ports, the Port of Copenhagen and certain fixed installations on the territorial sea, with the aim of ensuring a high level of environmental protection and public participation. It covers port construction and expansion, expansion and works within the Port of Copenhagen’s sea area, and other fixed marine installations authorised by the Danish Transport Authority, while excluding certain defence or civil-emergency projects. The Order sets rules on when projects require screening, environmental impact assessment and administrative authorisation, the contents of applications and environmental impact reports, consultation of the public, affected authorities and other states, and the Authority’s reasoned conclusion and decision-making. It also contains specific rules on Natura 2000 assessments and protection of species covered by the Habitats Directive, including restrictions on authorising projects that may damage protected areas, breeding or resting sites, or protected plant species, subject to limited derogations and compensation measures. The Order further regulates monitoring, coordinated procedures with other authorities, publication, supervision, non-appealability of administrative decisions, judicial time limits, penalties, and implementation of parts of the EIA, Birds and Habitats Directives.