The Danish Energy Agency has sent a draft of a new executive order on a simplified and faster application and authorisation process for repowering of offshore electricity production facilities for consultation. 

The executive order is expected to implement the RE Directive II article 16(6), first paragraph, which aims to simplify and speed up the application and authorisation process for repowering existing offshore electricity production installations.

The executive order delineates which modifications to existing offshore electrical production facility are considered significant and therefore necessitate a new permit under section 25 of the Act on the Promotion of Renewable Energy (the RE Act). The proposed executive order therefore also clarifies which project changes do not require a new permit under section 25 of the RE Act but require notification to the Danish Energy Agency before the initiation of changes.

According to section 2, subsection 2 of the executive order, a significant modification is proposed to be defined as a project change that substantially affects the facility's technical conditions or environmental and nature conditions, including project changes requiring a new certification under the executive order on technical certification and service of wind turbines, etc.

If the project changes are not considered significant, and do not fall under routine maintenance and service, the Danish Energy Agency should solely be notified of the project changes. The notification must be in writing and submitted in a reasonable time before initiating the work. It must include information about the changes and when the work is expected to be completed.

If the project changes result in significant alterations to the facility, an application for a repowering permit must be submitted to the Danish Energy Agency, which will make a decision under section 25 of the RE Act. The application should include information about e.g. the owner of the facility, including the ownership structure, a description of the project changes compared with the originally granted permit, and, if relevant, information about the environmental and nature impact.

The executive order is expected to enter into force on 1 July 2024, and it is proposed that the executive order will also apply to applications submitted before its entry into force.

Do you want to know more?

If you would like more information about the regulations governing offshore energy installations, please contact Plesner's Energy and Infrastructure team.

Read the Danish Energy Agency's draft executive order (in Danish)