Betriber & Emwelt : environmental legislation & businesses

In partnership with the Ministry of the Environment, Climate, and Sustainable Development, FEDIL, and the Chamber of Commerce, the Luxembourg Institute of Science and Technology (LIST) organised the annual conference held on 13 December 2018 focusing on the activities developed in the framework of the "Betriber&Emwelt" initiative. This initiative, whose goal is to provide information and discussion about new environmental legislation, its amendments and impact on companies allowed for an update on changes made during 2018.

Environmental Impact Assessment

The European directive on environmental impact assessment (EIA) was incorporated into Luxembourg law several months ago. On 15 May 2018, legislation on environmental impact in addition to a Grand-Ducal Regulation (GDR) was published, establishing lists of projects subject to such assessment. From now on, projects involving the execution of building work, installations, or work such as interventions in natural surroundings or the countryside are automatically submitted for an environmental impact assessment.

This assessment, which enables significant environmental impact to be identified, detailed, and assessed in the early planning stages of a project, has been developed using a standardised European Union approach. This latest assessment is particularly important because its results are included as part of the approval process relating to nature protection, listed establishments, and water management.

In order to ensure the implementation of this assessment, guidelines for organising cross-border assessment procedures within the Greater Region and the implementation of administrative procedures specifically for (water) drilling will shortly be available to the general public.

Expansion of CLASSSIFIED establishments

Undergoing several improvements since its inception in 2017, the "e-form commodo" e-wizard now has an optimised instruction process. This e-wizard will soon be mandatory for all new operator licencing requests for classified establishments ("commodo").

Moreover, these licencing requests have changed and been extended. Some irrelevance thresholds, for example for raising aquatic animals, have been introduced, as have new classified establishments because of their environmental and/or safety impact. Lastly, legislation has now been adapted to many European directives, including those relating to industrial emissions (IED), the limitation of emissions of certain pollutants into the air from medium combustion plants (MCP), and environmental impact assessment for environmental projects (EIA).

BETTER PRESERVE Resources

As part of the joint implementation strategy of the Water Framework Directive, a guide on exemptions to environmental targets was released in early 2018. Entitled "Guidance Document No. 36 - Exemptions to the Environmental Objectives according to Article 4(7)", this document allows for the clarification of the different steps to be followed in order to decide whether an exemption may be granted or not.

The law of 18 July 2018 relating to the protection of nature and natural resources brought in new changes including the simplification of administrative processes and increased legal certainty. Changes have also been made to clarify the procedures for classifying protected community areas and setting up "Natura 2000" steering committees. General principles for compensatory measures and the conditions of payment were also reviewed and set.

In parallel to this, a new waste and resource management plan was set up by the Government on 1 June 2018. Setting out the key points for waste management policy, the plan provides assistance with the transition to a circular economy and shifting waste management to resource management. For waste from establishments or companies, the goal is that, by 2022, the SuperDreckKëscht fir Betriber action plan be maintained and developed, the access of companies to recycling centres be set up, and the quantity of problematic waste be reduced.

>> The programme as well as the presentations given during the conference are available on Betriber&Emwelt website.