Denmark’s fish farmers to appeal against judgment on licence renewals

The Danish Eastern High Court has ruled that renewing an environmental permit for a sea farm requires a full habitat impact assessment, if it is deemed that the facility could potentially affect a protected natural area.

Because 17 out of Denmark’s 19 active sea farms are currently operated under old conditions – with the oldest permits being more than 30 years old – the industry believes the decision could have huge consequences for the entire industry.

The Danish Aquaculture Producers’ Organisation (DAPO), which is leading the case on behalf of the entire industry , has decided to appeal directly to the Danish Supreme Court.

DAPO says the Eastern High Court has not sufficiently taken into account the factual and professional circumstances of the case.

It maintains that the Court of Justice of the European Union ruled in an opinion dating from November 2022 that the continuation of an already approved activity on unchanged terms should not in itself be considered a "new project".

René Christensen, Director of DAPO said: "We are appealing because the case raises fundamental questions about legal certainty, predictability and professionalism in the authority’s processing.

“The aquaculture farms follow all applicable regulations and have applied for renewed environmental approval in a timely manner.

“When an existing, legal activity continues unchanged, companies must be able to trust that the regulations are applied clearly and on a professional and legally correct basis.”

The Danish Society for Nature Conservation (DN), said it was pleased with the verdict describing it as an important victory for the marine environment. It said the aquaculture industry cannot continue to rely on outdated assessments on the consequences for nature.

The Supreme Court is expected to decide on a number of issues including whether an unchanged, legal activity should be subject to the same rules as a completely new project, simply because the approval needs to be renewed.