\ * 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 ------- E N V L I U R X O E N M M B E U N R T G For Internal Use Only Office of International Activities Environmental Protection Agency January, 1976 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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. ------- 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. ------- 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 ------- 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. ------- 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 ------- 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 ------- transporters, sellers, holders, or users of apparatus or substances capable of emitting ionizing radiation, when the health of the population becomes endangered ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- |