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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
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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
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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,
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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