Doing business in Luxembourg: Environmental rules
28 April 2012by Ina Dimireva -- last modified 29 April 2012
Legislation in Luxembourg obliges businesses to comply with environmental rules in order to reduce their negative impact on the environment.
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Legal requirements
Environmental control
Land development
The Law on classified facilities requires you to obtain prior authorisation for any industrial, commercial or craft facility, whether public or private, whenever its activity may present danger or nuisance to:
- security, health or convenience;
- health and safety of workers in the workplace as well as the human and natural environment.
Construction and development of the site
Waste management
Under Luxembourg law, business owners must comply with laws on processing and recycling electrical and electronic waste.
Regulation on waste from electrical and electronic equipment
Waste management and treatment
Waste from electrical and electronic equipment - Environment portal
Waste from electrical and electronic equipment - Trade Confederation of Luxembourg
The regulation on packaging waste covers household packaging, non-household packaging and packaging manager responsibilities.
Regulation on packaging and packaging waste
Packaging and packaging waste - Environment portal
Packaging waste - Trade Confederation of Luxembourg
The law also covers:
- inert waste;
- contamination of soil and subsoil;
- obtaining authorisation for the collection, transport, elimination or processing of waste by a third party.
Chemicals
Under the European REACH Regulation, business owners must register certain chemicals.
Water
The Law on protecting and managing water covers authorisations for specific cases of water discharge or extraction.
Law on protecting and managing water
Since the Law on protecting nature and natural resources came into effect, a permit for certain types of works (drainage, dredging, pumping, strengthening banks, etc.) is now obligatory.
Law on protecting nature and natural resources
The law on protecting and managing water has made it obligatory to get permission for watercourses.
Law on protecting and managing water
Climate and air
The Law on the trading of greenhouse gas emission quotas establishes a system for trading greenhouse gas emission quotas, to encourage a reduction in emissions.
Law on the trading of greenhouse gas emission quotas
Nuclear protection
Business owners using or transporting radioactive materials must have a permit to store, use or transport radioactive sources or X-ray equipment.
Monitoring of equipment emitting ionising radiation - Ministry of Health
Businesses are free to go beyond the minimum environmental legal requirements at their own initiative.
Administrative procedures
Declaratory procedures, permits and licences
Land development
A request for a construction permit should be addressed to the municipal authorities in the area where the business is located. The documents required to obtain the permit vary according to the municipality.
Requesting a construction permit for any building, conversion or demolition work
Facilities are classified into 4 classes and 2 subclasses according to their size and activity, corresponding to 6 different permit procedures. Once you determine the right class, you may request an operating permit.
Nomenclature of classified facilities
Permit associated with the site (commodo-incommodo)
The operating permit for a classified facility (commodo/incommodo) is issued by the Minister of the Environment and/or the Minister of Labour and Employment.
Procedures - Environment portal
To construct or modify a facility, you need to obtain several permits. Permits are granted depending on the presence of a green zone within the municipal development plan or watercourse plan.
Nature conservation - permit request
Waste management
The Ministry of the Environment issues:
the permit to transport waste (collection and transport of waste)
the permit to process waste (disposal or recycling of waste)
Every business owner who transports waste must hold a permit issued by the Ministry of the Environment. The same applies for parties eliminating or processing waste for third parties.
You must submit a waste prevention and management plan (PPGD), notably containing data on collecting, storing and processing waste from the business.
Waste prevention and management plan (PPGD)
You must make your own waste management plan or entrust the management to an organisation approved by the Ministry of the Environment. You must demonstrate that you guarantee the financing for collecting and processing your waste:
- by registering with the Environment Administration ;
- by becoming a member of an organisation approved by the Ministry of the Environment.
The obligations relating to electrical and electronic waste must be met by the business owner or by Ecotrel. You must register with the Ministry of the Environment.
Chemicals
Any business owner, whether a manufacturer, importer or user of chemicals, is obliged to register all chemicals manufactured or imported in the EU in volumes exceeding 1 tonne per year.
Water
A business wishing to discharge or extract water must apply by registered letter sent to the water management directorate, providing the following data:
- surname, first names, capacity and domicile of the applicant and operator;
- nature and location of the installations and procedures to be implemented, as well as the approximate quantities of water to be extracted and discharged;
- future measures to prevent or minimise inconveniences that these extractions may result in.
The following documents must also be sent with the registered letter:
- plan of the facility on a scale of 1:200, including the layout of the premises and location of the installations;
- recent extract from the land registry plan, including the plots located within a 200-metre perimeter of the facility;
- extract from a topographical map on a scale of 1:10,000 or 1:20,000, for identifying the planned location of the establishment, if located outside an agglomeration.
Forms - Water Management Authority
Climate and air
A request for a permit to emit greenhouse gases should be addressed to the Minister of the Environment and sent to the Environment Administration.
Nuclear protection
Some activities involving the storage, use or transport of radioactive materials or X-ray equipment require a permit. The permits are issued by the Government in Council, the Minister of Health or the Director of Health.
Resources
Business owners can find relevant information on the environment portal, the Guichet entreprises business portal, the Ministry of the Interior and Territorial Development website and the Water Management Authority website.
Operation / environment - Guichet entreprises
Ministry of the Interior and Territorial Development
Ecotrel is the only approved organisation likely to meet the requirements imposed on producers and importers of electrical and electronic devices. It manages and supports systems for collecting, recycling, processing, salvaging and eliminating this type of waste.
Valorlux has a system for managing all household and similar packaging introduced into the market.
Source: Your Europe