Following a consultation round in which 77 external consultation responses were received, the Danish Minister for Climate, Energy and Utilities tabled a Bill (L 23) on 20 August 2026 on a more active prioritisation of access to the electricity grid. The Danish Energy Agency has now launched a consultation on the executive orders setting out the practical implementation of Bill L 23.
Bill L 23 follows up on the initiatives set out in the political agreement of 29 June 2026 on an emergency plan for the electricity grid, establishing a politically defined framework laying down which operators and projects are to be given priority in accessing the scarce capacity in the electricity grid.
The Bill resembles an enabling act which sets out the general framework for the allocation of capacity in the electricity grid, including the prioritisation and rejection of applications for grid connection, whereas the specific rules are to be laid down in executive orders.
On 25 August 2026, the Danish Energy Agency submitted six draft executive orders for consultation, which are intended to implement the powers set out in Bill L 23. These executive orders include a draft new executive order on the prioritisation of capacity in the collective electricity grid as well as amendments to five other executive orders governing matters relating to grid connection and the allocation of capacity in the electricity grid.
Below, we provide an overview of the key elements of the Bill and the detailed rules of the prioritisation model proposed in the new executive order on the prioritisation of capacity in the collective electricity grid. In general, the executive order is intended to set out rules on the prioritisation of capacity in the electricity grid, rules on the notification of refusals to grant grid connection as well as on appeals to the Danish Utility Regulator and decisions on such refusals.
What are the prioritisation categories?
The Bill proposes that four prioritisation categories be established for applications for grid connection.
It is proposed that the detailed definition of categories be regulated in a new executive order on the prioritisation of capacity in the collective electricity grid.
The draft executive order contains the following categories:
-
Category 1: Protected needs and functions critical to society
- ordinary and expected consumption growth within the existing customer base covered by Category 1,
- new households,
- small businesses with a maximum power draw of 3 MW, excluding, however, applications falling under Categories 3 or 4,
- functions critical to society and
- publicly accessible charging infrastructure for heavy-duty electric vehicles established to meet the requirements of Article 4 of EU Regulation 2023/1804. -
Category 2: Green transition and electrification
Covers applications not falling under Categories 1, 3 or 4. -
Category 3: Energy storage facilities, etc.
Covers applications relating to energy storage facilities, including batteries and other forms of energy storage, as well as energy storage capacity in co-located facilities established in addition to the user’s normal generation or consumption requirements. -
Category 4: Data centres
Covers applications relating to data centres where data processing, data storage and related information technology functions constitute the primary purpose, and which are characterised by a significant and sustained draw on the capacity in the collective electricity grid. Data centres supporting functions critical to society will be subject to Category 1.
Within each Category (2-4), the prioritisation of applications is to depend on the project’s grid friendliness. Grid friendliness will therefore serve as the guiding principle for prioritisation within the categories, with the exception of Category 1.
Applications relating to projects with a requested power draw of 3 MW or more, with the exception of those falling under Category 1, are suggested processed in batches at least twice a year.
How is the criterion of grid friendliness to be understood?
The criterion of grid friendliness must be used to fix an order of priority between comparable applications within the same category. According to Bill L 23, for Category 3 and Category 4 projects, a prerequisite for a place in the connection queue is that the project is assessed as being grid-friendly in the event of limited capacity.
The concept of grid friendliness is to be understood as a project’s impact on the capacity situation in the collective electricity grid and its contribution to an appropriate and efficient utilisation of the available capacity, see s. 2(ii) of the draft executive order on the prioritisation of capacity in the collective electricity grid.
According to the draft executive order, the following factors must be taken into account when assessing grid friendliness:
-
the project’s acceptance of limited grid access or other flexible terms of grid access, including interruptibility,
-
the project’s load profile and geographical location,
-
the project’s flexibility in terms of consumption or generation in relation to the capacity situation, including adaptation to periods of spare capacity or load restriction during periods of capacity constraints, and
-
the project’s other technical and operational characteristics and its interaction with the other use of the collective electricity grid, including the project’s significance for the safe and robust operation of the grid.
The assessment of grid friendliness is based on a specific assessment by Energinet and the grid operators, and, according to the Bill, the assessment is subject to Energinet and the grid operators developing relevant grid products that support flexible use of the electricity grid (flexible and interruptible grid products). Grid products are alternatives to full grid connection agreements and differ from the terms and tariffs that apply to other customer groups with full grid connection. The grid operators and Energinet develop grid products and tariff models which must be approved by the Danish Utility Regulator.
What is the legal significance of a prioritisation?
The grid operators and Energinet are responsible for determining the specific order of priority of grid connection applications. Prioritisation will be based on a specific assessment in accordance with the categories and criteria set out in the new executive order on the prioritisation of capacity in the collective electricity grid.
Bill L 23 lays down that the prioritisation by the grid operators and Energinet will be a "provisional and indicative expression of how the application may be accommodated within the overall capacity situation and will not create a legally protected expectation on the part of the applicant of grid connection". It is specifically stated that a right to grid connection is not earned until a binding grid connection agreement has been concluded or a decision on grid connection has been made.
This is suggested laid down in s. 6 of the draft executive order on the prioritisation of capacity in the collective electricity grid, in which it is also specified that, until a binding grid connection agreement has been concluded, Energinet and the grid operators may change the prioritisation of an application if new applications, changes to the project details, changes to grid friendliness or other relevant circumstances provide grounds for doing so.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
