6.1 The Concessionaire may not, without the consent of the Danish Energy Agency, directly or indirectly, transfer its rights and obligations under this licence to a third party. In this connection the Danish En-ergy Agency will ensure that the required financial and technical capacity is in place after a possible transfer. Consent will only be given if this is possible in accordance with the EU public procurement regulations, the current RE Act, the Concession Agreement as well as all the terms and conditions set out in this licence.
6.2 The Danish Energy Agency is entitled to request from the Concessionaire any additional documenta-tion deemed relevant by the Danish Energy Agency for assessment of the desired transfer.
11
7. Service, health and safety, etc.
7.1 The Concessionaire must describe how maintenance work and service of the offshore wind farm will be carried out and must present this to the Danish Energy Agency. This should be as a part of the ap-plication to the Danish Energy Agency for an authorisation to produce electricity and an electricity production licence.
7.2 Before commencement of offshore construction work, the Concessionaire must establish a plan for environmental management and quality assurance for the work in question. The Concessionaire must carry out work in accordance with this plan.
7.3 From 1 January 2016, the plant must be constructed in compliance with the new Electricity Safety Act (Act no. 525 of 29 April 2015). This new Act replaces the High-Voltage Current Act, cf. Consolidated Act no. 990 of 8 December 2003.
7.4 An emergency response plan must be prepared covering the construction period and the operating period. This plan must be forwarded to the Danish Energy Agency in due time before commence-ment of construction work. The emergency response plan must contain a procedure for contact to, and involvement of, the Naval Staff of the Joint Defence Command Denmark, in the event of collision risk involving one or several wind turbines. Furthermore, the plan must describe the procedure in connection with oil or chemical spills to the marine environment. The Concessionaire must follow the guidelines and regulations stated in the Working Environment Act, cf. the Ministry of Employment's Act no. 1072 of 7 September 2010 with later amendments, and associated executive orders, for ex-ample Executive Order no. 117 of 5 February 2013 on the contractor’s duties, Executive Order no.
110 of 5 February 2013 on the duties etc. of project planners and consultants under the Working En-vironment Act, and Executive Order no. 115 of 5 February 2013 on the design of construction sites.
Furthermore, a number of special executive orders apply, for example Executive Order no. 302 of 13 May 1993 on work with code-numbered products, Executive Order no. 1125 of 28 November 2011 on work with substances and materials (chemical agents), Executive Order no. 612 of 25 June 2008 on the design of technical equipment, Executive Order no. 693 of 10 June 2013 on the design, etc., of machinery, Executive Order no. 908 of 27 September 2005 on measures to protect workers from the risks related to exposure to carcinogenic substances and materials at work, and Executive Order no.
1109 of 15 December 1992 on the use of technical equipment.
7.5 The Concessionaire must take out insurance to cover any damage, cf. clause 1.11
8. Environmental considerations
8.1 If construction activities cause disturbance and spread of seabed sediment, e.g. in connection with excavation or sluicing, the disturbance must be reduced as much as possible through the use of methods and material which ensure the best environmental practice. Actual sediment dispersion in relation to time, place and method must be agreed with the environmental authorities. It is a pre-requisite that the environmental authorities can approve the actual sediment dispersion. However, there is a precondition that the environmental authorities accept the actual spread of sediments.
12 8.2 Construction activities are likely to cause underwater noise. In order to protect marine mammals
against harmful effects of underwater noise, the terms and conditions in 6.2 and 6.6 apply to under-water noise in connection with the installation of foundations (pile driving):
The so-called accumulated SEL from each installation sequence must not exceed a threshold value of 190dB. When complying with this term, the Danish Energy Agency's guidelines on underwater noise when pile driving (Vejledning om undervandsstøj i forbindelse med ramning af pæle) must be com-plied with. Furthermore, this procedure must be comcom-plied with both before the installation and dur-ing the actual installation of the piles.
Guidelines will be provided containing more detailed provisions on how to calculate the accumulated SEL and requirements for noise forecasting, control measurements, documentation and other tech-nical matters.
[The guidelines will be updated on the basis of the corresponding guidelines for Horns Rev 3.]
8.3 At a time defined by the Concessionaire, when submitting the detailed project plan at the latest, the following information must be submitted to the Danish Energy Agency for approval:
a. A forecast of the source noise level and the distribution of noise from at least four piles. This must include a forecast for the four piles to be first installed. Further a forecast for three piles se-lected so that none of the other piles can be expected to cause more noise. Control measure-ments must be performed when installing at least the first four of the piles for which forecasts have been made.
b. Calculation of accumulated SEL on the basis of the forecasted source noise level. The calculation may assume that efficient use of pingers and a seal repellent system can scare off marine mam-mals up to 1.3 km.
c. A statement of the noise abatement measures planned in accordance with the forecast and what measures have been planned as reserves in the event that the forecast underestimates the noise.
d. A programme for control measurements when installing the piles for which forecasts have been made, including how the Concessionaire will ensure compliance with the terms and conditions set out.
8.4 Prior to the installation of the individual foundations, marine mammals must be scared away from the vicinity using pingers and seal repellent systems.
8.5 When approval from the Danish Energy Agency is available, the following procedure applies for the actual installation of piles:
13 a. The first installation round must include between four and eight piles. When installing the four
first piles, control measurements of underwater noise must be performed. If the noise distribu-tion constants have been validated beforehand, the actual accumulated SEL can be calculated immediately after installation. If this is not the case, the noise distribution constants will have to be validated and, then, the actual accumulated SEL can be calculated. The Concessionaire must have a quality-assured value for the actual accumulated SEL, before proceeding to the next step.
b. If the actual accumulated SEL does not exceed the threshold value, installation work can proceed as planned. If, on the other hand, the actual accumulated SEL exceeds the threshold value, then the Concessionaire must take measures to identify the causes of this deviation and perform cor-rective measures, including adjusting the installation method. When this work has been carried out, the next piles can be installed. In this situation, control measurements of underwater noise must also be performed for this next pile, and so forth, until the threshold value is complied with or the final pile in the installation round has been installed.
c. When the first installation round including the four to eight piles has been completed, the Con-cessionaire must prepare a detailed report to the Danish Energy Agency about control measure-ments and any adjustmeasure-ments to the prognosis and the installation method. If the Concessionaire has arrived at an installation method for which there are control measurements and prognosis which can document compliance with the threshold value for all piles including the ones that are expected to cause the most noise, then the installation work can proceed directly to the next in-stallation round and does not have to wait while the Danish Energy Agency processes the submit-ted report. In the event that the Concessionaire cannot document compliance with the threshold value through control measurements and prognosis, the Concessionaire must propose substan-tial methods for reducing underwater noise as well as prepare a revised forecast in addition to the report. Proposals for improved methods for reducing underwater noise are to be submitted to the Danish Energy Agency for approval. The next installation round cannot be commenced un-til the Danish Energy Agency has approved proposals and forecasts.
8.6 Upon completion of the overall installation work, a detailed report on all control measurements is to be submitted to the Danish Energy Agency for approval.
8.7 With regard to other construction activities which cause underwater noise, the so-called accumulat-ed SEL from each construction activity must not exceaccumulat-ed a threshold value of 190 dB.
8.8 In preparation for a monitoring of impulse noise for the construction activities (pile driving, air guns etc.), these activities must be reported to the Danish Energy Agency. The report shall include the time of for the noise activity (date), location, sound level and information of the activity that has caused the impulse noise. [The Danish Energy Agency will develop a report form, which can be used to report underwater noise. Collection of data takes place as part of Denmark’s obligations of the Marine Strategy Framework Directive about monitoring and assessment of the environmental status in the Danish marine area.]
14 8.9 The Concessionaire must, at his own cost, produce and execute a surveillance program with the
pur-pose of further evaluating if the prerequisites of the EIA report are being met. A proposal for the sur-veillance program must be approved by the Danish Energy Agency after a hearing by the Danish Na-ture Agency.
a) On the basis of the discussion of methodology / data processing and analysis, which has been raised in the consultation phase concerning seaducks, the Concessionaire shall complete a pro-ject that analyse and recommends which methods to use in future EIAs. A propro-ject proposal must be approved by the Danish Energy Agency.
b) The Concessionaire must establish a monitoring group involving the Danish Energy Agency and the Danish Nature Agency, which defines the content of a monitoring program etc.. The moni-toring group must be kept informed of developments in the monimoni-toring program in order to op-timize the subsequent surveys.
c) The monitoring program must as a minimum contain 3 survey campaigns distributed evenly over a period of 10 years after the turbines have been put into operation and concern ing of the occurrence of seaducks in and around the offshore wind turbine area. The monitor-ing program must also include a 1-year baseline study of the same scale as the baseline study conducted in the EIA report. The baseline study must be conducted and reported on before construction starts.
d) Results of the studies conducted should be reported to the Danish Energy Agency and after each survey campaign a progress report that accounts for the studies conducted must be com-piled. After completing the monitoring program a final report that describes and presents the results of the overall monitoring program must be compiled. Both the Progress Report and Fi-nal Report must be approved by the Danish Energy Agency after consultation with the Danish Nature Agency.
e) All raw data collected from the monitoring program must be made available to the public via the Ministry for Environment’s Danish Natural Environment Portal, to the extent that systems for this are available. The concessionaire must make an agreement with the data receiver on how the transfer is to happen. Data must be continuously reported.
8.10 The Concessionaire must lay down guidelines for transport, including fixed transport routes in and out of the turbine area, both by sea and by air, which can help reduce the effect of noise and dis-turbance, especially to take account of the marine mammals and bird populations in the area.
8.11 The Concessionaire must comply with the regulations set out in the Marine Environment Act, cf. Con-solidating Act no. 963 of 3 July 2013 on protection of the marine environment, including Executive Order no. 1130 of 23 September 2015 on bypass, exploitation, and dumping of dredged material, as well as regulations issued in pursuance of the Environmental Protection Act, cf. Consolidating Act no.
15 879 of 26 June 2010, including regulations in Executive Order no. 1284 of 15 December 2011 on noise from wind turbines.
9. Defence Command Denmark
9.1 The construction of Smaalandsfarvandet Offshore Wind Farm can have implications for Defence Command Denmark's radar systems in the area. In the event that the offshore wind farm leads to changes in the quality of existing radar surveillance, which will be determined by the Danish Defence Acquisition and Logistics Organisation, the Concessionaire must enter into an agreement with the Danish Defence Acquisition and Logistics Organisation about the required mitigation measures such as updating hardware, including whether supplementary radars and/or software will have to be pro-cured. The Danish Defence Acquisition and Logistics Organisation will determine which measures are necessary. Such measures will be incurred by the Concessionaire and will have no delaying effect on the offshore wind farm project. It is expected that there may be a need to set up a gap-filler radar (approx. 2.0 million DKK) and possibly a replacement of the VTS radar at Hou (approx.. 2.5 million DKK) to provide sea-surface coverage.
9.2 If the Danish Defence Acquisition and Logistics Organisation so determines, the Concessionaire must enter into an agreement with the Danish Defence Acquisition and Logistics Organisation on the prep-aration of an analysis that can clarify which mitigation measures are necessary. Such analysis will be paid by the Concessionaire and will not delay the offshore wind farm project. When assessing whether a wind farm interrupts air surveillance radars, the Danish Defence Acquisition and Logistics Organisation will apply the procedures described in the publication "EUROCONTROL Guidelines on How to Assess the Potential Impact of Wind Turbines on Surveillance Sensors". The Concessionaire must complete and submit the questionnaire in Annex E of the ”EUROCONTROL Guidelines on How to Assess the Potential Impact of Wind Turbines on Surveillance Sensors”.
9.3 The Danish Defence Acquisition and Logistics Organisation is authorized to implement temporary mitigation measures necessary to maintain the quality of the current radar surveillance until it can be determined which mitigation measures are needed. Temporary mitigation measures shall be paid by the Concessionaire, if the Danish Defence Acquisition and Logistics Organisation so decides, and will not delay the offshore wind farm project.
9.4 On request of the Danish Defence Acquisition and Logistics Organisation, the above condition can be formally registered as an easement on the offshore wind farm.
9.5 In the event that any UXOs (unexploded ordnances) are identified in the area, all work must be stopped immediately and JOC Aarhus must be notified, cf. section 14 of Executive Order no. 1351 of 29 November 2013 on safety of navigation in connection with construction work and other activities etc. in Danish waters. In the event of identification of UXOs, the following contact information for Joint Operations Centre (JOC) Defence Command Denmark should be used:
16 Head of on-duty staff at JOC: +45 72850332
Officer on duty: +45 72850380 jrcc@sok.dk
Maritime Assistance Service: +45 72850371 mas@sok.dk
[JOC Aarhus will notify Danmarksvagten. Immediately upon notification, Danmarksvagten will assess the task and the options available for disposing of the UXOs. Under normal circumstances, infor-mation on how the task will be performed will be provided the next workday before noon.]
10. Fisheries
10.1 The Concessionaire must take contact to relevant commercial fishermen with a view to organising the construction activities in a way that does not affect commercial fishing more than necessary.
10.2 The Concessionaire must contact the commercial fishermen in the area in order to negotiate possible compensation for documented losses pursuant to sections 76-80 of the Fisheries Act, cf. Act no. 568 of 21 May 2014. Queries about legislation pertaining to fisheries may be addressed to the Danish AgriFish Agency.
The Danish Fishermen's Association is responsible for compensation negotiations. However, there is no confirmation that the Danish Fishermen's Association represents all commercial fishermen. Possi-ble compensation includes the offshore wind farm and the internal collection grid. If a compensation sum is determined, the sum must be paid by the Concessionaire.
10.3 The issue of compensation for nuisance to fisheries during the construction phase and for permanent losses, and the size of the possible compensation, should as far as possible be settled before the con-struction phase.
11. Cultural heritage
11.1 Cultural heritage interests in territorial waters are protected under the Museum Act. A marine ar-chaeological preliminary survey programme must be conducted in the offshore wind turbine area as outlined in the report by the Viking Ship Museum of June 2014. The Danish Agency for Culture will decide the scope of these surveys on the basis of a concrete survey and budget proposal required from the Viking Ship Museum by the contractor. A marine archaeological preliminary survey must be conducted at the cost of the contractor, pursuant to section 29g(4) of the Museum Act.
11.2 Work must be suspended immediately if protected/listed heritage remains are encountered, wheth-er they be ancient monuments or historic shipwrecks, or if the Concessionaire is made aware that the construction site holds interests similar to those mentioned above, cf. Section 29h(1) of the
Mu-17 seum Act. Such discoveries and information are to be notified to the Danish Agency for Culture im-mediately, addressed to: Torben Malm, Fortidsminder, H.C. Andersens Boulevard 2, 1553 Copenha-gen V, Denmark, tel. +45 33 74 51 00.
12. Consideration for other activities at sea
12.1 Construction work must be coordinated with the Danish Maritime Authority so that relevant infor-mation can be submitted to the shipping industry through the Danish equivalent to Notices to Mari-ners. With regard to various works at sea, reference is made to Executive Order no. 1351 of 29 No-vember 2013 on navigation safety in connection with construction works and other activities etc. in Danish waters and to the associated assessment form "Assessment form for assessing the safety of navigation in connection with works at sea"
12.2 Siting of the individual turbine must adhere to the requirement for at least 200 metres between the turbines and the line of sight in existing radio link systems.
12.3 Navigation between the turbines in the construction phase will be permitted, if the Danish Maritime Authority deems it to be safe. The turbine foundations must have a collision-friendly design, so as to avoid unnecessary damage to vessels in the event of a collision. The contractor will be obligated to substantiate that the chosen type of foundation is safe.
12.4 Vessel traffic in connection with the construction work must be coordinated.
12.5 Vessel traffic in connection with the construction should be limited by selecting a construction port near the project area, preferably to the east of the main shipping routes in the Great Belt.
12.6 Permanent buoying of the wind farm must be approved by the Danish Maritime Authority no later than two months prior to commencement of construction activities. A description of the permanent buoying must be included in the detailed project plan, cf. clause 2.2.
12.7 Temporary buoying and marking of work areas, etc. must be approved by the Danish Maritime Au-thority at least three months prior to commencement of the construction work.
12.7 Temporary buoying and marking of work areas, etc. must be approved by the Danish Maritime Au-thority at least three months prior to commencement of the construction work.