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Annex III.a

An overview of national legislation and policies on (acute plastic) pollution in Denmark, Faroe and Greenland

Denmark has not experienced any major incidents of acute plastic pollution in recent years. The MSC Zoe spill never reached Danish water and the country only got a very small impact from the Trans Carrier incident. The biggest oil spill in Denmark happened in 2001 when an oil tanker collided with another ship south of Falster (Interview with Ryan Metcalfe, KIMO Denmark, on 21 February 2023).

Legislation

Søloven (the Maritime Transport Act) regulates maritime transport, including in chapter 10 the responsibility and liability in cases of oil pollution (Retsinformation, 2018). Transport of dangerous goods at sea is regulated more in detail by the Danish Maritime Authority (Søfartsstyrelsen). Dangerous goods in packaged form must be carried in accordance with the provisions of the IMDG Code. (Søfartsstyrelsen 2022a). The authority receives notifications from ships in cases of maritime accidents, including cases where, because of damage to one or more ships, serious damage to the environment has occurred or there is a risk of serious damage (Søfartsstyrelsen, 2022b).
The Maritime Environment Act (Havmiljøloven) aims at preventing and limiting pollution of the sea and to ensure preparedness to control pollution. It establishes the responsibility for cleanup of the coast and of ports in cases of oil and chemical pollution, as well as the right to take various measures against ships to prevent or limit pollution. The Act also contains paragraphs on the liability of polluters (Retsinformation, 2019).
The Beach-cleaning regulation (Strandrensningsbekendtgørelsen) describes the distribution of costs for clean-up in cases of oil or chemical pollution (Retsinformation, 1999).

Policies

A national action plan on plastics was adopted in 2018. It contains 27 initiatives, including mappings and analyses, legal changes, new standards, information campaigns, financial support and international cooperation (Miljø- og Fødevareministeriet 2018).

Preparedness

The Minister of Defense is responsible for preparedness, environmental surveillance, enforcement and pollution control at sea from oil and other hazardous substances. This responsibility is delegated to the Armed Forces Command (Forsvarskommandoen, FKO). The Navy has four dedicated environmental ships. Other ships from the Navy and from the Marine Home Guard are prepared to assist in cases of pollution at sea. There is a marine environment section in the naval staff (Forsvaret, 2022).
The Danish Environmental Protection Agency DEPA (Miljøstyrelsen) has the task to control pollution from platforms. The agency also coordinates the municipal emergency plans for oil and chemical pollution (see below) (Copenhagen agreement, 2022a).
The Danish Emergency Management Agency DEMA (Beredskabsstyrelsen) has a general task to prepare society for and to prevent crises, accidents and disasters. This work includes analysis/data/research, crisis communication, education, as well as advice and administration of the regulations on the transportation of dangerous goods (Beredskabsstyrelsen, 2022a). DEMA has six state regional emergency centers (Thisted, Herning, Haderslev, Næstved, Hedehusene, Allinge) (Beredskabsstyrelsen, 2022b). 

Clean-up

Municipalities are responsible for clean-up on the coast and in ports (Copenhagen agreement, 2022a). The Nature Agency (Naturstyrelsen) has a responsibility for clean-up in protected areas.
In 2008 DEPA (Miljøstyrelsen) issued guidelines for beach cleaning. Although focusing on oil pollution, it includes the general delegation of responsibility in case of pollution of the sea, of coasts, beaches and harbours. It gives guidelines for municipal contingency plans and describes the rules laid down concerning distribution of expenses for emergency preparedness and control measures between the authorities involved (Miljøstyrelsen, 2008). In pollution control at sea and in coastal waters as well as on beaches, there may be cooperation between several other state and municipal authorities and institutions. In the event of serious accidents, a special authority body – the Emergency Committee – is established under the Ministry of the Environment and Energy. The Minister of Defence can take the lead on larger control and clean-up operations at sea as well as on the coast. (Copenhagen agreement, 2022a)
Regular beach cleaning is financed by the municipalities’ own budgets. Many municipalities have put boxes along the coast where people can leave litter. If there is an acute pollution incident with oil or chemicals, the municipalities will still have the responsibility for the clean-up but can get reimbursement from the national budget according to the Beach-cleaning regulation (see above) (Interview with Ryan Metcalfe on 21 February 2023). It is unclear whether this regulation would apply in a case of acute plastic pollution (Interview with Frank Jensen on 23 November 2022).
There is no formal cooperation between municipalities on beach-cleaning. Local Government Denmark (Kommunernes Landsforening), the association of Danish municipalities, has a limited scope on this. Nineteen coastal municipalities are members of KIMO Denmark, including the entire North Sea coast, three on the Kattegat coast and four on Zealand and Falster. The organisation is not directly involved in beach cleaning but is doing lobby work in marine litter issues on behalf of its members. It has also started a coastal lottery with the help of private sponsors to encourage citizens to collect litter. (Interview with Ryan Metcalfe on 21 February 2023)
Various NGOs are involved in beach-cleaning and marine litter. Havmiljøvogterne are sailors, divers, surfers, etc, almost 30 000 registered members, who have committed to help the Danish Navy with environmental surveillance and beach-cleaning (Havmiljøvogterne 2023). Hold Danmark Rent (HDR) and the Race for Oceans Foundation are other examples of organisations involved in beach-cleaning or awareness-raising, as well as Plastic Change, an international organization based in Denmark.


Faroe Islands

The Faroe Islands is a self-governing part of the Kingdom of Denmark. The country is not a member of the EU. In the Nordic Council, it is represented as part of the Danish delegation. It has its own parliament, Løgting, and its own government, Landsstýrit. The Faroe Islands is an associate member of IMO since 2002.

Legislation

Relevant legislation is found in the Maritime Environment Act (Løgtingslóg um verju av havumhvørvinum) (Lógasavnið 2005). The Danish act on maritime transport (Søloven) applies in part also to the Faroe Islands.

Preparedness and clean-up

The Government (Landsstýrit) has the overall responsibility for control of oil and chemical pollution in Faroese sea and fisheries territory as well as the cleanup of a coast. The task is delegated to an authority, Landsverk, where it is a responsibility for the Division of Infrastructure.
Municipalities handle pollution in a port and pollution emanating from land. There are agreements between the parties on mutual assistance in the operations.
The Maritime Rescue Co-ordination Center (MRCC) is responsible for communication with the ships during an operation and will also alert when it receives oil pollution reports. 
The Faroese Environment Agency (Umhvørvisstovan) contributes with maps for the operations.
The Arctic Command of the Danish Armed Forces can also participate in pollution control on the initiative of MRCC (Copenhagen agreement, 2022a). 
The NGO Rudda Føroyar organizes an annual clean-up day since four years, as part of World Cleanup Day. They have an online form where people can report litter (Rudda Føroyar 2023).


Greenland

Greenland is a self-governing part of the Kingdom of Denmark. The country left the EU in 1985. In the Nordic Council, it is represented as part of the Danish delegation. It has its own parliament, Inatsisartut, and its own government, Naalakkersuisut.
In Greenland there is no manufacturing of plastic products, so no pellets are transported there. Royal Arctic Line, a state-owned shipping company, has a monopoly on all goods transport to and from Greenland and between settlements in Greenland.

Legislation

The Act on Maritime Environment Protection prohibits the pollution with oil and hazardous substances. The act also stipulates the responsibility for clean-up (Inatsisiliorneq, 2017).

Policies

In May 2021, the Government of Greenland adopted an action plan to reduce the use of plastics. Focus area 4 in the plan deals with microplastics, including measures to reduce the spill to nature from artificial turf and from sewage water (Naalakkersuisut 2021). There is also an action plan on the reduction of lost fishing gear.

Preparedness

Greenland’s government and the municipalities are responsible for handling pollution on the coast and in Greenland’s sea territory (up to 3 nautical miles from land). In the Exclusive Economic Zone, from 3 to 200 nautical miles, the responsibility rests with the Head of the Joint Arctic Command (AKO), a unit of the Danish Army (Copenhagen agreement, 2022a).

Clean-up

Greenland has a general marine litter problem with lost fishing gear. Its five municipalities are responsible for beach-cleaning and sometimes organise clean-up operations with volunteers. They can receive support from an environmental fund under Greenland’s government (Interview with Maja Heegaard on 7 December 2022).
CSR Greenland has initiated a national clean-up day, Saligaatsoq, in June every year that engages companies, associations and private citizens. It has also elaborated a guide for the local communities on how to organise coastal clean-ups (CSR Greenland 2023).