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       *   UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON. D.C.  20460
                          January 28, 1976
MEMORANDUM

TO:       EPA Staff

FROM:     Division of Visitors and Information Exchange
          Office of International Activities

SUBJECT:  Attached Report on Luxemburg


     Attached is a report on Luxemburg, second in a series of back-
ground country papers for EPA staff involved in  international
activities.  The first report covered national environmental pro-
grams in Japan.  Other reports which will be available soon include

     ASIA

          Australia

     EUROPE

          Austria                       Ireland
          Belgium                       Italy
          Denmark                       Netherlands                 '
          France                        Spain
          Germany  (Federal Republic)    Sweden
          Great Britain                 Switzerland

     NORTH AMERICA

          Canada

The  country profiles, together with our monthly  bulletin  —
"Summaries of Foreign Government Environmental Reports",  are
to inform EPA staff about national environmental efforts
abroad.  Suggestions on improving the format or  contents  of
the  reports are welcome.  Please call Dolores Gregory
(202-755-0560).

Attachment

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           For Internal Use Only
                       Office of International Activities
                       Environmental Protection Agency
                       January, 1976

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                        PREFACE
     This is a brief report on the organization and management
of environmental activities on the national level in Luxemburg.
Earlier a report on Japan was distributed and similar reports
on other countries are being prepared.  These reports, which
are background papers for EPA staff involved in international
activities, are not for distribution outside the Agency.

     Emphasis is on policy and regulatory functions of national
environmental agencies.  Research and development, often under
the auspices of other departments, for example, Ministry of
Science and Technology, are not covered in these reports.

     Source documents for the reports, received under the
International Documents Exchange, are available in the EPA
Headquarters Library.  English summaries of the foreign docu-
ments are published in the monthly bulletin "Summaries of
Foreign Government Environmental Reports."
                              Office of International Activities
                              January, 1976

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                               TABLE OF CONTENTS






                                                               Page




  I.   National Organization for Environmental Control            1




 II.   Environmental Laws                                         5




III.   Standards and Regulations                                 10




 IV.   Enforcement Procedures                                    11




  V.   Interrelationship Between Government and Industry         14




      Reference Notes                                           16




      Bibliography                                              17
                                      ill

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     E N Y I R 0 N M E N T A L  CONTROL  J[ N  L U X V M IJ U R G






I.  National Organization for Environmental Control




    overall government structure




          Luxemburg Is a constitutional monarchy, the sovereign being a Grand




Duke.   While the powers of the Grand Duke are strictly limited by the Consti-




tution, the major responsibility for governing the country lies with the




cabinet of ministers (government), presided over by the Prime Minister, who




is named by the Grand Duke and who represents the majority political party.




With the advice of the Grand Duke, the Prime Minister organizes the ministerial




departments and names the ministers, several of whom have more than one portfolio.




In addition to the ministers, the Grand Duke may designate other members of the




government as secretaries of state having limited powers, as determined by the




Grand Duke.




          The legislative body in Luxemburg is a uniearneral elected body — the




Chamber of Deputies.  The powers of both the executive and legislative branches




of the government are checked by the Council of State, whose members are named




by the Grand Duke acting on the advice of the cabinet, the Chamber of Deputies,




and the Council of State itself.  In its legislative capacity, the Council acts




as an upper chamber with temporary veto power over the Chamber of Deputies.




Also, the Council must be consulted by the cabinet before a .proposal of law is




submitted by the cabinet to the Chamber of Deputies.




    national environmental agency




          Environmental protection in Luxemburg Is for the most part the re-




sponsibility of the Ministry of Public Health and Environment.  Program areas




directed by this ministry include decontamination of air and water, the

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 lanning and control of purification stations, control of noise pollution,



and destruction of refuse and Industrial wastes.  Within the Ministry there



is a general bureau for water protection.1*



    other government organizations with environmental responsibilities



          To the extent that other ministries are also involved in different as-



pects of environmental protection, the Ministry of Public Health and Environment



serves as the interministerial coordinator on environmental matters.  The



Administration of Waters and Forests, an organ of the Ministry of the Interior,



is concerned with the execution of regulations on the conservation of nature;



the authorization of this administration is required for all construction that



may pose dangers to the environment.  The Ministry of Public Works supervises



the construction and maintenance of purification stations, collectors
                                 /


and water mains, as well as participating in directing the control of water



pollution in navigable waterways.  Air and noise pollution regulations with



regard to motor vehicles are executed by the Ministry of Transportation and



Energy.  All of the ministries involved in environmental protection participate



in drafting legislation and in the execution of laws and regulations.



          A very influential force in the control of noise pollution is the



Luxemburg Association Against Noise which is supported financially by its



members and other interested parties, as well as by government subsidy.



The association acts on complaints of noise pollution caused by industry,



traffic, or any other source and  is often called upon to advise enterprises



on the nature and amplitude of certain types of noise.3  Because the association



is not empowered to impose noise  control regulations and because the national



* All reference notes will be found at the end of this country profile.

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government has not yet provided a comprehensive noise law,  the association




urges the communal governments to enact their own regulations.




    national-local relationships




          The basic unit of local government in Luxemburg is the commune.




Although the commune enjoys considerable autonomy in administering local




affairs such as elementary education, health, etc., the national government




can exercise control over the commune to prevent it from acting against the




national interest.  This control is carried out by three district commissioners,




appointed by the Grand Duke and representing the Ministry of the Interior as




intermediaries between local and national government.




          In the interests of environmental protection, communal governments




share powers with the national government in granting required authorizations




for the construction of certain establishments.   Residents of a commune




affected by a new construction may express their opinions on the matter prior




to the communal council's decision regarding authorization.




          In areas where national legislation is inadequate or nonexistent,




communal governments may formulate their own regulations.  For example, as a




result of the efforts of the Luxemburg Association Against Noise, several




communal governments have instituted noise control by inserting clauses stating




permissible noise levels in contracts for public projects.**




          Communal governments may also supplement national laws.  The May 16,




1929 Law on the cleaning, maintenance, and improvement of watercourses re-     :




quires annual cleaning and maintenance of non-navigable waters, to be directed




by the Agriculture Service in conjunction with the local governments; with




permission from the national government, communes may carry out more intensive




treatment of their own waters.

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          Immediate enforcement  of environmental  laws and  regulations is




executed by communal officials.   In addition,  the communes have the right to




institute civil actions to obtain reparations  for any damage to their water-




courses.

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II.  Environmental Laws




     legislative system



           The main legislative body in Luxemburg is the Chamber of Deputies;




 however, the cabinet of ministers, Council of State, and the Grand Duke are




 also involved in the formulation of legislation.  In fact, most legislative




 proposals originate in the cabinet.  All laws voted by the Chamber of Deputies




 must receive the assent of the Council of State.  The Council may exercise a




 temporary veto, by requiring a second vote in the Chamber after a three-month




 period.   The Grand Duke must sanction and promulgate all laws, but this is a




 mere formality.




           Regulations and decrees necessary for the execution of laws can be




 formulated by the Grand Duke, with the countersignature of the appropriate




 minister or ministers.  The cabinet may also, within limits, issue regulatory




 decrees with the approval of the Council of State and the Chamber of Deputies.




     highlights of the laws




           The basis for environmental legislation in Luxemburg is the June 17,




 1872 Decree on the management of certain Industrial establishments, factories,




 and workshops.  Of a very general nature, the decree lists types of establish-




 ments which may not be built or moved from one place to another without per-




 mission from an administrative authority (either the national or communal




 government).  A request for such authorization must specify those nuisances




 that the prospective establishment may cause affecting the population, as well




 AB public works, watercourses and communications systems within a 100-200 meter

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radius.   Authorizations are based on safety,  cleanliness, and public welfare




and may be revoked if established conditions  or new conditions imposed by the




issuing authority are not met.



          Other general laws on environmental protection are the July 29,




1965 Law regarding conservation of nature and natural resources and the March




20, 1974 Law on the general management of land.  The law of July 29, 1965




states that authorization from the Administration of Waters and Forests is




required for any construction that may endanger the environment.  In addition,




the law prohibits throwing or depositing wastes of any kind on public roads




and requires that all dumps from industries,  farming or other sources be




hidden from view and emit no odor.  Finally,  the law includes provisions for




protecting flora and fauna.




          The framework law of March 20, 1974 stipulates that decontamination




of the environment be one of the objectives in land management, and states




that the implementation of such a requirement must include the removal and




treatment of solid and liquid wastes.




          In addition to these general laws,  Luxemburg has a number of more




specific laws and regulations dealing with the control of water pollution.




The May 16, 1929 Law on the cleaning, maintenance, and improvement of water-




courses makes mandatory the annual cleaning and maintenance of non-navigable




watercourses and conduits and drainage ditches emptying  into them.  The law




prohibits throwing, discharging or letting flow, directly or indirectly, into




watercourses any material likely to endanger the waters' free-flow, cleanliness,




alimentary use by animals, or domestic, agricultural and industrial use.

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Furthermore, no discharge of wastewater from industries or communal sewage




systems can take place until the wastewater has been sufficiently purified.




          A subsequent Ministerial Decree dated September 9, 1929 provides    i




specific time periods within which Industries and communes must submit to the




national government plans for purification of discharged wastewater, in order




that the discharges may be authorized.




          The 1929 law is further supplemented by the December 22, 1938 Decree




regarding purification of wastewater from industries and communal water mains.




The decree sets minimum standards for purified wastewater and provides technical




specifications on the quantity of water a purification station must process  .




within a certain time period.  In addition, the decree lists certain localities




which are required to install mechanical purification stations for sewer water.




          Groundwater is protected by the January 9, 1961 Law requiring that




extractions of groundwater be authorized by the Minister of the Interior;




the law applies to wells drawing water from depths equal to or greater than 20




meters and to drainage systems extending more than two meters below the sur-




face.  Moreover, it is prohibited to place any polluting materials in ground-




water.




          Special sanitation measures for the dam at Esch-sur-Sure were enacted




In the May 27, 1961 Law.  This law establishes a protective zone, divided into




two sections, around the dam.  In one section it is prohibited to discharge




wastewater or to dispose of garbage.  Moreover, all installations or activities




that would pollute or disturb the waters are proscribed.  Regulations of the




Grand Duke, dated October 13, 1962, provide sanitary protection measures for




the second section.  By  virtue  of these regulations, the discharge of wastewater

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and disposal of refuse in this zone must be first authorized by the Minister of




Public Health.   Furthermore, the discharge of sludge oil is forbidden in this




area; any structures or activities likely to pollute the water are also proscribed.




          Air pollution from non-stationary sources is embodied in the December 22,




1965 Regulations dealing with traffic on public roads.  Article 7 of these regula-




tions states that motor vehicles must not emit excessive fumes or noise, and that




vehicles must have exhaust devices which are sufficiently silent, efficient, and




air-tight.  These devices must be maintained in good condition and must function




as if they were new.  Free exhaust or any operation suppressing or reducing the




effectiveness of exhaust devices are proscribed.  Permissible noise levels for motor




vehicles are also provided.




          In addition, new legislation regarding water, air and noise pollution




control, based principally on the directives of the European Community, is currently




under preparation.




          In the areas of pesticides and radiation control, Luxmeburg has rather




comprehensive legislation.  The basic pesticides law is that of February 20, 1968




on the control of pesticides and phytopharmaceutical products.  By virtue of this




law, the Grand Duke is empowered to formulate regulations concerning the manufacture,




possession, importation, sale, acquisition, exchange, and utilization of pesticides




and phytopharmaceutical products.  The law prohibits the possession, manufacture,




sale, etc. of any pesticides or phytopharmaceuticals which have not been approved




by the government.




          The basic law on radiation control in Luxemburg is the March 25, 1963




Law for the protection of the population against dangers resulting from ionizing




radiation.  The law establishes a general framework for radiation control, empower-




ing the Minister of Public Health to order measures to be imposed on producers,






                                      8

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transporters, sellers,  holders, or  users of  apparatus or substances capable of



emitting ionizing radiation,  when  the  health of  the population becomes endangered

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III.  Standards and Regulations




            Among the country's clean water standards are those found in the




  December 22, 1938 Decree on the purification of wastewater from industries ,




  and communal water mains.  The decree requires that household and industrial




  effluents be purified when their concentration is equal to or greater than




  1/250 of the receiving watercourse.  The decree also requires that 70% of




  the pollutants in industrial wastewater be eliminated in the purification




  process, including 56% of suspended materials; water from sewers must be




  purified by 60%, including elimination of 48% of suspended materials.




            These standards were Issued by the Ministries of Agriculture and




  the Interior and are published in the Memorial du Grand-Duche de Luxembourg




  (Recueil de Legislation), the official legal gazette of Luxemburg.  Most of




  the country's laws and regulations also appear in the Pasinomie Luxembourgeoise.
                                         10

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IV.   Enforcement Procedures


     court system

           The court system In Luxemburg consists of a hierarchy of three levels.
                                                                             i
 The lowest courts, actually Justices of peace (juges de la paix),  have juris-

 diction over breaches of police regulations and minor civil offenses.   Judging

 more serious offenses and hearing appeals from the juges de la paix are two

 tribunaux d'arrondiasements.   Finally, the highest court of appeal is  the cour

 superieure.  This supreme court periodically appoints a cour d'assises of six

 judges to try major cases.  The Grand Duke may annul or reduce penalties pro-

 nounced by judges.

           Law enforcement is carried out in Luxemburg by a central police

 force, with commissioners in each of three police districts, as well as local

 commissioners in the communes.


     enforcement mechanisms

           Enforcement of environmental legislation is carried out by agents

 of various governmental departments, aided by local officials.  According to

 the June 17, 1872 Decree on the management of certain industrial establishments

 and factories, the communal college of burgomasters and aldermen is responsible
               »
 for.insuring that all establishments are in compliance with the conditions

 of safety and cleanliness stipulated in their authorizations.

           Infractions of the May 16, 1929 Law on the cleaning, maintenance,

 and amelioration of watercourses are reported by various government agents


 representing the agricultural, judiciary, and public works departments.  Agents

 of the Ministry of Agriculture enforce the December 22, 1938 Decree on waste-


 water purification by Inspecting purification stations and analyzing samples

 of purified water.
                                       11

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          Regulations on groundwater protection are enforced by several govern-




ment agents, including medical inspectors from the Ministry of Public Health,




engineer-inspectors from the Administration of Waters and Forests, and in-




spectors from the Ministry of Agriculture.  Offenders cited by enforcement




officials are held to be guilty until they are proven Innocent.




    penalties




          Penalties for violations of pollution-control legislation vary




widely.  For the obstruction of watercourses, or throwing or depositing objects




in water so as to hinder its free flow, fines range from 200 to 5,000 francs.




Similar fines apply to letting liquids flow in watercourses and throwing and




depositing in water materials that alter or harm the water, especially un-




authorized wastewater discharges from industrial enterprises and sewage systems.




In addition to paying fines, violators must rectify the damage; If they are




unable to do so, the government will make reparations at the violator's




expense."




          Infractions of the January 9, 1961 Law on the protection of ground-




water are punishable by fines of 1,000 to 30,000 francs.  In addition, the *




confiscation of water-extraction equipment may be ordered.




          Any structures in violation of  the regulations protecting the waters




around the dam at Esch-sur-Sure are to be demolished at the expense of the




violator. "  Such violations also elicit  penalties of eight days to one year




imprisonment and/or a fine of 500 to 100,000 francs.  Infractions of these




regulations which cause pollution of drinking water or which adversely affect




health are punishable by one month to two years in prison and/or 10,000 to




200,000 francs.  Violations causing incurable illness, permanent incapacity
                                       12

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to work, loss of an organ,  or the death of a person elicit fines of 200,000




to 500,000 francs and/or two to five years' Imprisonment.
                                       13

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V.   Interrelationship Between Government and Industry




          The cost of the clean-up of watercourses in Luxemburg Is shared by




the national government, local governments and private individuals or enter-




prises using or polluting the water, according to the May 16, 1929 Law.  The




obligatory annual cleaning of watercourses is paid for by all parties involved




in the utilization of each watercourse, e.g. factories, owners of land which




drains into streams, communes discharging sewer water, and other exploiters of




watercourses.  The Ministry of Agriculture, which is responsible for execution




of this law, is to determine the proportionate amount that each party must




pay.  If the government orders additional work to be done on a particular




watercourse, the government is to pay half of the expenses; the other half is




to be paid by the communal governments.  With the approval of the national




government, however, the communal governments can delegate their share of




the expense to utilizers and polluters of the water, in proportion to their




interest in the watercourse.




          Air pollution in Luxemburg, caused mainly by the iron and steel works,




the principal industry in the country, has been significantly reduced by the




industries in cooperation with the European Community for Coal and Steel.




Research work done by the European Community and the industries has aided in




reducing emissions, especially in newer  facilities.^




          As a member of the European Community, Luxemburg will probably  J




subscribe to the procedures of the "polluter pays" principle being formulated




by the Community.  A report submitted to the Council of Ministers containing




the modes of application of the "polluter pays" principle recommends that all




member states adopt the principle.^  Moreover, one of the resolutions of a

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meeting of the Luxemburg Association Against Noise on April 23, 1974 was




that the government should include the "polluter pays" principle in all environ-





mental legislation.13
                                         15

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Reference Notes
Numbers in brackets following entries are the identification numbers assigned to
documents which have been abstracted for the Foreign Exchange Documents Program
of the E.P.A. Office of International Activities.  Copies of documents are filed
under these numbers at the E.P.A. Headquarters Library in Washington, D.C.

 1.  "Les departements ministeriels du Gouvernement," Luxemburger Wort
       (Luxemburg), July 3, 1974, p. 3.

 2.  "La lutte centre le bruit s'accentue," Luxemburger Wort (Luxemburg),
       April 25, 1974, p. 5.

 3.  ibid.

 4.  ibid.
 5.  June 17, 1872 Decree of the Grand Duke on the Management of Certain
       Industrial Establishments, Factories, Workshops, Shops, etc.  [//02201A]

 6.  "La lutte centre le bruit s'accentue," op. cit.

 7.  May 16, 1929 Law on the Cleaning, Maintenance, and Amelioration of
       Watercourses.  [002199A]

 8.  January 9, 1961 Law on the Protection of Groundwater.  [001406A]

 9.  May 16, 1929 Law on the Cleaning, Maintenance, and Amelioration of
       Watercourses.  [//02199A]

10.  May 27, 1961 Law and October 13, 1962 Regulations of the Grand Duke
       on Protective Sanitation Measures for the Dam at Esch-sur-Sure.

11.  "Das drltte Forschungsprogramm zur Eindammung der Umweltbelastung durch
       die Eisen- und Stahlindustrie," Luxemburger Wort (Luxemburg), April 5,
       1974, p. 18.

12.  "Die Anwendung des Verursacherprinzips beim Umweltschutz," Luxemburger
       Wort  (Luxemburg), June 15, 1974, p. 18.

13.  "La lutte centre le bruit s'accentue," op. cit.
                                      16

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Bibliography


Publications that were of significant value in the preparation of this study
and are reconmended for those undertaking research on environmental protection
in Luxemburg include:

       Memorial de Grand-Duche de Luxembourg (Recueil de Legislation).
         [Official legal gazette of Luxemburg]

       Pasinomie Luxembourgeoise
                                       17

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