COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - LUXEMBOURG Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Date: 2017-02-03
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, EU initiative, Luxembourg, application of EU law, environmental law, environmental protection, pollution control measures

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 3.2.2017  SWD(2017) 49 final   COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - LUXEMBOURG   Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results   {COM(2017) 63 final} {SWD(2017) 33 - 48 final} {SWD(2017) 50 - 60 final}  
 
 
Luxembourg  2 

This  report  has  been  written  by  the  staff  of  the  Directorate-General  for  Environment,  European 
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu  

More information on the European Union is available on the internet (http://europa.eu). 

Photographs: p.6 ©LIFE05 ENV/L/000047; p.9 ©Sara Winter/iStock; p.11 ©LIFE11 NAT/LU/000858; 
p.16 ©koekeloer/iStock; p.21 ©Bogdan Lazar/iStock 

For reproduction or use of these photos, permission must be sought directly from the copyright holder. 

©European Union, 2017 

Reproduction is authorised provided the source is acknowledged. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Luxembourg  3 

Table of Content 

EXECUTIVE SUMMARY .................................................................................................................................... 4 

PART I: THEMATIC AREAS ............................................................................................................................... 5 

1. 

TURNING  THE  EU  INTO  A  CIRCULAR,  RESOURCE-EFFICIENT,  GREEN  AND  COMPETITIVE  LOW-
CARBON ECONOMY ............................................................................................................................... 5 

Developing a circular economy and improving resource efficiency ..................................................... 5 
Waste management .............................................................................................................................. 7 

2. 

PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9 

Nature and Biodiversity ......................................................................................................................... 9 
Green Infrastructure ........................................................................................................................... 11 
Soil protection ..................................................................................................................................... 11 

3. 

ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 13 

Air quality ............................................................................................................................................ 13 
 ................................................................................................................................................. 14 
Noise 
Water quality and management ......................................................................................................... 14 
Enhancing the sustainability of cities .................................................................................................. 16 
International agreements ................................................................................................................... 17 

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 18 

4.  MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 18 

Green taxation and environmentally harmful subsidies ..................................................................... 18 
Green Public Procurement .................................................................................................................. 19 
Investments: the contribution of EU funds ......................................................................................... 19 

5. 

EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 21 

Effective governance within central, regional and local government ................................................. 21 
Compliance assurance ......................................................................................................................... 22 
Public participation and access to justice ........................................................................................... 23 
Access to information, knowledge and evidence ................................................................................ 23 

Environmental Implementation Report – Luxembourg 

 
 
 
 
 
 
 
Executive summary 

Luxembourg  4 

About the Environmental Implementation Review 

General profile 

EU Directives are mostly transposed in time and applied 
correctly  in  Luxembourg.  Some  concerns  remain  in  the 
area of water services (urban wastewater treatment) and 
water  quality  (nitrates  pollution).  Traffic  congestion, 
which  is  primarily  triggered  by  the  large  share  of  daily 
commuters  but  also  prompted  by  the  low  fuel  taxation, 
also  constitutes  a  problem,  leading  to  air  pollution  and 
is  sensitive  to 
human-health  concerns.  Luxembourg 
cross-border environmental and economic impacts. 

Main Challenges 

The main challenges with regard to implementation of EU 
environmental policy and law in Luxembourg are: 

 

Improving water quality by further reducing nitrates 
pollution. 

  Completing urban wastewater treatment. 

Main Opportunities 

Luxembourg could perform better on topics where there 
is  already  a  good  knowledge  base  and  good  practices. 
This applies in particular to: 

 

Implementing  measures  for  sustainable  mobility  to 
reduce  traffic  congestion  and  air  pollution  in  and 
around Luxembourg City. 

  Phasing out environmentally harmful subsidies. 

Points of Excellence 

Where  Luxembourg 
leader  on  environmental 
implementation,  innovative  approaches  could  be  shared 
more widely with other countries. A good example is: 

is  a 

  Luxembourg is the best performer in the EU in terms 
of  resource  productivity, 
i.e.  how  efficient  the 
economy uses material resources to produce wealth. 
  There is a strong public support for circular economy 
and resource efficiency concretized in initiatives such 
as the SuperDreckskëscht & Fit4Circularity schemes. 

launched 

reports  describing 

In  May  2016, 
the 
the  Commission 
Environmental  Implementation  Review  (EIR),  a  two-year 
cycle  of  analysis,  dialogue  and  collaboration  to  improve 
the  implementation  of  existing  EU  environmental  policy 
and  legislation1.  As  a  first  step,  the  Commission  drafted 
28 
the  main  challenges  and 
opportunities on environmental implementation for each 
Member  State.  These  reports  are  meant  to  stimulate  a 
positive debate both on shared environmental challenges 
for  the  EU,  as  well  as  on  the  most  effective  ways  to 
address the key implementation gaps. The reports rely on 
the detailed sectoral implementation reports collected or 
issued  by  the  Commission  under  specific  environmental 
legislation  as  well  as  the  2015  State  of  the  Environment 
Report  and  other  reports  by  the  European  Environment 
Agency.  These  reports  will  not  replace  the  specific 
instruments  to  ensure  compliance  with  the  EU  legal 
obligations.  

The  reports  will  broadly  follow  the  outline  of  the  7th 
Environmental Action Programme2 and refer to the 2030 
Agenda 
related 
for  Sustainable  development  and 
Sustainable Development  Goals  (SDGs)3  to  the  extent  to 
which  they  reflect  the  existing  obligations  and  policy 
objectives of EU environmental law4.  

The  main  challenges  have  been  selected  by  taking  into 
account factors such as the importance or the gravity of 
the  environmental  implementation  issue  in  the  light  of 
the  impact  on  the  quality  of  life  of  the  citizens,  the 
distance to target, and financial implications. 

The  reports  accompany  the  Communication  "The  EU 
Environmental  Implementation  Review  2016:  Common 
challenges  and  how  to  combine  efforts  to  deliver  better 
results", which identifies challenges that are common to 
several Member States, provides preliminary conclusions 
on  possible  root  causes  of  implementation  gaps  and 
proposes  joint  actions  to  deliver  better  results.  It  also 
groups in its Annex the actions proposed in each country 
report to improve implementation at national level. 

1 Communication "Delivering the benefits of EU environmental policies 

through a regular Environmental Implementation Review" 
(COM/2016/ 316 final). 

2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union 
Environmental Action Programme to 2020 "Living well, within the 
limits of our planet". 

3 United Nations, 2015. The Sustainable Development Goals  
4 This EIR report does not cover climate change, chemicals and energy. 

Environmental Implementation Report – Luxembourg 

 
 
 
 
                                                            
Luxembourg  5 

Part I: Thematic Areas 

1. Turning the EU into a circular, resource-efficient, green and 

competitive low-carbon economy 

Developing a circular economy and improving 
resource efficiency 

The 2015 Circular Economy Package emphasizes the need 
to  move  towards  a  lifecycle-driven  ‘circular’  economy, 
with a cascading use of resources and residual waste that 
is  close  to  zero.  This  can  be  facilitated  by  the 
development  of,  and  access  to,  innovative  financial 
instruments and funding for eco-innovation. 

SDG  8  invites  countries  to  promote  sustained,  inclusive 
and  sustainable  economic  growth,  full  and  productive 
employment  and  decent  work  for  all.  SDG  9  highlights 
the  need  to  build  resilient 
infrastructure,  promote 
inclusive  and  sustainable  industrialization  and  foster 
innovation.  SDG 12  encourages countries  to  achieve  the 
sustainable  management  and  efficient  use  of  natural 
resources by 2030. 

Measures towards a circular economy 

Transforming our economies from linear to circular offers 
an  opportunity  to  reinvent  them  and  make  them  more 
stimulate 
sustainable  and  competitive.  This  will 
investments and bring both short and long-term benefits 
for the economy, environment and citizens alike.5 

Pressure  on  material  resources  is  one  of  the  long-term 
trends  affecting  job  creation  and  growth  in  the  EU. 
Luxembourg is the best performer in the EU in terms of 
resource  productivity6,  i.e.  how  efficiently  the  economy 
uses  material  resources  to  produce  wealth7,  with 
3.389EUR/kg  (EU  average  is  2)  in  2015.  Figure  1  shows 
that  Luxembourg's  resource  productivity  has  increased 
modestly since 2008 but decreased again since 2011.  
In  2014,  a  study8  found  that  a  circular  economy  is  a 
source  of  competitive  advantage,  as  it  would  lead  to 
increased job opportunities (more than 2,200 jobs in the 
next  three  years), 
important  cost-savings  (EUR  300 
million to EUR 1 billion per year) and less pressure on the 
environment.  In  addition,  embracing  a  circular  economy 
would  increase  the  inflow  of  secondary  raw  materials 
that industries rely on, reinforcing their interdependency 
and substantially reducing waste production. 

5 European Commission, 2015. Proposed Circular Economy Package 
6 Resource productivity is defined as the ratio between gross domestic 

product (GDP) and domestic material consumption (DMC). 

7 Eurostat, Resource productivity, accessed July 2016 
8 Ministry of Economy Luxembourg, 2014. 'Luxembourg as a Knowledge 

Capital and Testing Ground for the Circular Economy' 

Figure 1: Resource productivity 2003-159 

The  circular  economy  is  high  on  the  agenda  of  the 
Luxemburgish government. In order to unite all relevant 
stakeholders  and  coordinate  their  actions  and  sharing 
information,  an  inter-ministerial  committee  “Strategic 
group  for  a  circular  economy”  under  the  governance  of 
the secretaries of state for economic and environmental 
affairs  was  set  up  in  2015.  Among  those  coordinated 
international 
the  organisation  of  an 
actions  was 
conference in the framework of the 2015 Luxembourg EU 
Presidency  and  the  InnovFin  Advisory  programme  on 
financing the circular economy. Within BENELUX there is 
also cooperation on the circular economy1011. 

The  government  has  developed  a  trademark  –  the 
SuperDrecksKëscht–  in  order  to  incentivise  the  citizens 
and businesses to better manage their waste, rationalise 
their  resource  consumption  which  paves  the  way 
towards  a  more  circular  model,  which  appears  to  be  a 
particularly  effective  vehicle  for  the  government  to 
deliver its messages to the private sphere.  

The circular economy is also fostered by the government 
through the development of economic activity zones and 
‘eco-neighbourhoods’ based on circular principles. These 
zones promote low-carbon mobility, industrial symbiosis 
and collaborative consumption.  

Efforts  to  promote  eco-innovation  and  the  circular 
economy in Luxembourg are mostly led by public-private 
partnerships and structured around the Luxembourg Eco-
Innovation  Cluster,  LuxInnovation  (the  national  agency 
for  innovation  and  research),  the  Ministry  of  Economy, 

9 Eurostat, Resource productivity, accessed October 2016 
10 BENELUX, Roundtable 14.12.2015 
11 Luxembourg Government, Portail de l'environnement. 

Environmental Implementation Report – Luxembourg 

 
                                                            
 
                                                            
and 
the  Ministry  of 
Infrastructure  and  the  INTERREG  North  West  Europe 
(NEW) programme that the latter promotes. 

Sustainable  Development 

SMEs and resource efficiency 

Small  and  Medium-sized  enterprises 
(SMEs)  are 
particularly  important  for  the  ‘non-financial  business 
economy’ in Luxembourg, generating approximately 70 % 
of both value added and employment. Their productivity, 
measured  as  value  added  per  head,  is  almost  twice  the 
EU average. 

The  Flash  426  Eurobarometer  shows  that  44%  of  the 
SMEs in Luxemburg have one or more full time employee 
working  in  a  green  job  at  least  some  of  the  time  (EU28 
average 35%)12. 

Luxembourg  6 

commitment  to  sustainable  development  practices  and 
to 
implement  a  circular  economy  approach.  The 
objectives are to limit the use of raw materials, maximise 
the  use  of  renewable  sources,  develop 
innovative 
products  and  services  for  sustainable  growth,  reduce 
increase  reusability.  The 
energy  consumption  and 
Fit4Circularity  programme 
to  support 
is  designed 
companies in changing their business models from linear 
to circular value propositions. 

Eco-Innovation 

Luxembourg ranks high in the Eco-Innovation Scoreboard 
2015 as shown in Figure 2. This is a considerable progress 
compared  to  previous  years  –  the  country  was  ranked 
11th  in  2011.  Luxembourg  performs  above  the  EU 
average 
in  resource  efficiency  and  socio-economic 
outcomes.  
Figure 2: Eco-Innovation Index 2015 (EU=100)13 

indicates  that  around  51%  of 
The  same  survey 
Luxembourg's  SMEs  have  invested  up  to  5%  of  their 
annual  turnover  in  resource  efficiency  actions  (EU28 
average 50%), 48 % are currently offering green products 
and  services,  50%  took  measures  to  save  energy  (EU28 
average  59%),  65%  to  minimise  waste  (EU28  average 
60%), 43% to save water (EU28 average 44%), and 53% to 
save  materials  (EU28  average  54%).  From  a  circular 
economy  perspective,  38%  took  measures  to  recycle  by 
reusing  material  or  waste  within  the  company,  14%  to 
design  products  that  are  easier  to  maintain,  repair  or 
reuse  and  32%  were  able  to  sell  their  scrap  material  to 
another  company.  The  resource  efficiency  actions 
undertaken  have  allowed  the  reduction  of  production 
costs in about 30% of Luxembourg's SMEs. 

Regarding  the  good  practices,  Fit4Circularity  is  a  new 
support  scheme  created  in  2015  by  LuxInnovation  and 
targeting 
and 
Fit4Innovation  initiatives.  Fit4Circularity  is  dedicated  to 
helping SMEs that are willing to make a more substantial 

Fit4Digital 

following 

SMEs, 

the 

12 European Commission, 2015. Flash 426 Eurobarometer "SMEs, 

resource efficiency and green markets" defines "green job" as a job 
that directly deals with information, technologies, or materials that 
preserves or restores environmental quality. This requires specialised 
skills, knowledge, training, or experience (e.g. verifying compliance 
with environmental legislation, monitoring resource efficiency within 
the company, promoting and selling green products and services). 

The  main  drivers  of  Eco-Innovation  are  strong  political 
support  from  the  government  towards  eco-innovation, 
sustainable  development  and  the  circular  economy,  to 
make  the  country  a  global  technology  hub  for  eco-
innovation.  There 
from 
businesses  of  the  economic  benefits  of  a  circular 
economy,  enabling  them  to  rely  on  a  more  stable 

is  a  growing  awareness 

13 Eco-innovation Observatory: Eco-Innovation scoreboard 2015 

Environmental Implementation Report – Luxembourg 

 
                                                            
 
                                                            
Luxembourg  7 

Figure 3: Municipal waste by treatment in Luxembourg 
2007-1418 

business model, beneficial to both their competitiveness 
and  their  environmental  impact.  Luxembourg  has  a 
strong and comprehensive set of national environmental 
and innovation laws, largely based on EU legislation.   

There  is  a  small  national  market  for  eco-innovation. 
Nevertheless,  the  local  market  is  flexible,  which  makes 
the country an ideal place to test innovative R&D. At the 
same  time,  the  interdependency  of  Luxembourg  and  its 
geographic neighbours is strong, putting pressure on the 
demand 
infrastructures, 
generating considerable transport flows.   

for  housing,  services  and 

Waste management  

Turning waste into a resource requires: 
 

implementation  of  Union  waste 

Full 
legislation, 
which  includes  the  waste  hierarchy;  the  need  to 
ensure  separate  collection  of  waste;  the  landfill 
diversion targets etc. 

  Reducing  per  capita  waste  generation  and  waste 

 

generation in absolute terms. 
Limiting energy recovery to non-recyclable materials 
and  phasing  out 
recyclable  or 
recoverable waste. 

landfilling  of 

SDG  12  invites  countries  to  substantially  reduce  waste 
generation  through  prevention,  reduction,  recycling  and 
reuse, by 2030. 

The EU's approach to waste management is based on the 
"waste  hierarchy"  which  sets  out  an  order  of  priority 
when  shaping  waste  policy  and  managing  waste  at  the 
operational 
level:  prevention,  (preparing  for)  reuse, 
recycling,  recovery  and,  as  the  least  preferred  option, 
disposal  (which 
incineration 
includes 
without energy recovery). 

landfilling  and 

The  progress  towards  reaching  recycling  targets  and the 
adoption  of  adequate  WMP/WPP14  should  be  the  key 
items  to  measure  the  performance  of  Member  States. 
This section focuses on management of municipal waste 
for which EU law sets mandatory recycling targets.  
Although  there  was  a  reduction  in  municipal  waste15 
generation  in  Luxembourg  between  2013  and  2014,  it 
remains  considerably  high  compared  to  the  EU  average 
(616  kg/y/inhabitant16  compared  to  around  475  kg  on 
average)17.  Figure  3  depicts  the  municipal  waste  by 
treatment in Luxemburg in terms of kg per capita. 

Figure  4  shows  that  the  recycling  of  municipal  waste  in 
Luxembourg is 47% (including composting), slightly above 
the EU average (44%) in 2014 but showing a minor (1%) 
decrease since 2013.  
Figure 4: Recycling rate of municipal waste 2007-1419 

Incineration  accounts  for  35%  and  is  above  the  EU 
average  (27%).  The  amount  of  waste  landfilled  is  below 
the EU average (18% compared to 28%)20. Luxembourg is 
on a good path towards meeting the 2020 target of 50% 

14  Waste Management Plans/Waste Prevention Programmes 
15 Municipal waste consists of waste collected by or on behalf of 

municipal authorities, or directly by the private sector (business or 
private non-profit institutions) not on behalf of municipalities. 

16 Transboundary commuters coming to work in Luxembourg (estimated 
170 000 people every day) contribute significantly to this high figure.  

17 Eurostat, Municipal waste generation and treatment, by type of 

18 Eurostat, Municipal waste and treatment, by type of treatment 

method, accessed October 2016 

19 Eurostat, Recycling rate of municipal waste, accessed October 2016 
20 This figure is expected to further diminish as of 2015 due to closure of 

treatment method 

one of the two landfills. 

Environmental Implementation Report – Luxembourg 

 
 
                                                            
 
 
                                                            
Luxembourg  8 

recycling of municipal waste21, but additional efforts will 
be needed to reach the 65% recycling target for 203022.  

Full  implementation  of  the  existing  legislation  could 
create  more  than  200  jobs  in  Luxembourg  and  increase 
the  annual  turnover  of  the  waste  sector  by  EUR  24 
million.  Moving  towards  the  targets  of  the  Roadmap  on 
resource  efficiency23,  could  create  over  400  additional 
jobs and increase the annual turnover of the waste sector 
by over EUR 45 million24. 

Suggested action 

  Implement  existing  policies, 

including  economic 
instruments  (e.g.  Pay  As  You  Throw  schemes),  to 
promote  prevention,  make  reuse  and  recycling  more 
economically attractive25.  

  Shift  reusable  and  recyclable  waste  away 

from 
incineration  by  gradually  phasing  out  subsidies  to 
incineration / introducing incineration tax. 

21 Member States may choose a different method than the one used by 
ESTAT (and referred to in this report) to calculate their recycling rates 
and track compliance with the 2020 target of 50% recycling of 
municipal waste. 

22 European Union, Proposal for a Directive on the landfill of waste, 
COM/2015/0594 & European Union, Proposal for a Directive 
amending Directive 2008/98/EC on waste, COM/2015/0595 
23 which outlines how we can transform Europe's economy into a 

sustainable one by 2050 

24 Bio Intelligence service, 2011. Implementing EU Waste legislation for 
Green Growth, study for European Commission. The breakdown per 
country on job creation was made by the consultant on Commission 
demand but was not included in the published document.   

25  According  to  the  Luxembourgish  authorities,  the  Act  of  21  March 
2012  foresees  the  implementation  of  the  polluter  pays  principle  by 
various taxes depending on the real quantity of waste generated (to 
be  measured  by  weight  or  by  volume).  The  municipalities  are 
continuously  following  up  the  implementation  of  these  measures. 
is 
Besides  the  purely  economic 
working on a system which is accepted by the society, and provides 
high quality separate collection of different types of materials.  

instruments,  the  Government 

Environmental Implementation Report – Luxembourg 

 
 
                                                            
2. Protecting, conserving and enhancing natural capital 

Luxembourg  9 

Nature and Biodiversity  

The  EU  Biodiversity  Strategy  aims  to  halt  the  loss  of 
biodiversity  in  the  EU  by  2020,  restore  ecosystems  and 
their services in so far as feasible, and step up efforts to 
avert  global  biodiversity  loss.  The  EU  Birds  and  Habitats 
Directives  aim  at  achieving  favourable  conservation 
status of protected species and habitats.  

SDG  14  requires  countries  to  conserve  and  sustainably 
use the oceans, seas and marine resources, while SDG 15 
requires  countries  to  protect,  restore  and  promote  the 
sustainable  use  of  terrestrial  ecosystems,  sustainably 
manage  forests,  combat  desertification,  and  halt  and 
reverse land degradation and halt biodiversity loss. 

The  1992  EU  Habitats  Directive  and  the  1979  Birds 
Directive are the cornerstone of the European legislation 
aimed  at  the  conservation  of  the  EU's  wildlife.  Natura 
2000, the largest coordinated network of protected areas 
in  the  world,  is  the  key  instrument  to  achieve  and 
implement the Directives' objectives to ensure the  long-
term  protection,  conservation  and  survival  of  Europe's 
most  valuable  and  threatened  species  and  habitats  and 
the ecosystems they underpin. 

both  in  land  and  at  sea,  should  be  the  key  items  to 
measure the performance of Member States. 

By  early  2016,  27.03%  of  the  national  land  area  of 
Luxembourg  is  covered  by  Natura  2000  (EU  average 
18.1%),  with  18  SPAs  designated  under  the  Birds 
Directive covering 16.1% (EU average 12.3%) and 48 SCIs 
designated  under  by  the  Habitats  Directive  covering 
16.02 % (EU average 13.8%).  

The latest assessment of the SCIs part of the Natura 2000 
network  shows  that  there  are  only  two  minor  issues  as 
regards  designation  and  that  the  network  is  largely 
complete28 as shown in Figure 529. 

Figure  5:  Sufficiency  assessment  of  SCI  networks  in 
Luxembourg  based  on  the  situation  until  December 
2013 (%)30  

The  adequate  designation  of  protected  sites  as  Special 
Ares  of  Conservation  (SAC)  under  the  Habitats  Directive 
and  as  Special  Protection  Areas  (SPA)  under  the  Birds 
Directive 
is  a  key  milestone  towards  meeting  the 
objectives  of  the  Directives.  The  results  of  Habitats 
Directive  Article  17  and  Birds  Directive  Article  12 
reports26  and  the  progress  towards  adequate  Sites  of 
Community  Importance  (SCI)-SPA  and  SAC  designation27 

26 The core of the ‘Article 17’ report is assessment of conservation 

status of the habitats and species targeted by the Habitats Directive. 
Article 12 of the Birds Directive requires Member States to report 
about the progress made with the implementation of the Birds 
Directive. 

27 Sites of Community Importance (SCIs) are designated pursuant to the 
Habitats Directive whereas Special Areas of Protection (SPAs) are 
designated pursuant to the Birds Directive; figures of coverage do 
not add up due to the fact that some SCIs and SPAs overlap. Special 

Areas of Conservation (SACs) means a SCI designated by the Member 
States. 

28 For each Member State, the Commission assesses whether the 
species and habitat types on Annexes I and II of the Habitats 
Directive, are sufficiently represented by the sites designated to 
date. This is expressed as a percentage of species and habitats for 
which further areas need to be designated in order to complete the 
network in that country. A scientific reserve is given when further 
research is needed to identify the most appropriate sites to be added 
for a species or habitat. The current data, which were assessed in 
2014-2015, reflect the situation up until December 2013.  

29 The percentages in Figure 5 refer to percentages of the total number 
of assessments (one assessment covering 1 species or 1 habitat in a 
given biographical region with the Member State); if a habitat type or 
a species occurs in more than 1 Biogeographic region within a given 
Member State, there will be as many individual assessments as there 
are Biogeographic regions with an occurrence of that species or 
habitat in this Member State. 

30 European Commission internal assessment. 

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Luxembourg  10 

All SCIs have been designated as SACs under Article 4(4) 
of  the  Habitats  Directive.  The  adoption  of  conservation 
measures  for  the  sites  was  lagging  behind,  but  the 
process  of  establishing  management  plans  for  all  sites 
has  been  considerably  accelerated  in  2015.  In  2015,  the 
Ministry for Sustainable Development and Infrastructure 
launched a national communication campaign on Natura 
2000, with the aim of improving public awareness on and 
acceptance  of  Natura  2000.  The  financing  of  the 
conservation  measures  has  been  carefully  framed  in  an 
updated Priority Action Framework (PAF).  

According to the latest report on the conservation status 
of  habitats  and  species  covered  by  the  Habitats 
Directive31,  25%  of 
the  habitats'  biogeographic 
assessments were favourable in 2013 (EU27: 16%).  

Figure 6: Conservation status of habitats and species in 
Luxembourg in 2007/2013 (%)32 

Furthermore,  29%  are  considered  to  be  unfavourable-
inadequate33 (EU27: 47%) and 46% are unfavourable-bad 
(EU27: 30%). As for the species, 19% of the assessments 
(EU27:  23%)  41%  at 
were 

favourable 

in  2013 

31 The core of the ‘Article 17’ report is the assessment of conservation 
status of the habitats and species targeted by the Habitats Directive. 
32 These figures show the percentage of biogeographical assessments in 
each category of conservation status for habitats and species (one 
assessment covering 1 species or 1 habitat in a given biographical 
region with the Member State), respectively. The information is 
based on Article 17 of the Habitats Directive reporting - national 
summary of Luxembourg 

33 Conservation status is assessed using a standard methodology as 

being either ‘favourable’, ‘unfavourable-inadequate’ and 
‘unfavourable-bad’, based on four parameters as defined in Article 1 
of the Habitats Directive. 

34% 
unfavourable-inadequate 
unfavourable-bad status (EU27: 18%). This is depicted in 
Figure 634.  

(EU27: 

42%) 

and 

Around  9%  and  19%  of  the  unfavourable  assessments 
respectively  for  species  and  habitats  were  showing  a 
positive  trend  in  2013.  Biodiversity-rich  habitats  such  as 
wetlands,  dry  meadows  and  extensively  used  orchards 
have seriously declined over the past 30 years providing 
rampant  homogenisation  of 
clear  evidence  of  a 
in  a  better 
is 
landscapes.  Generally,  biodiversity 
conservation 
in  open, 
than 
in 
status 
predominantly agricultural and aquatic ecosystems.  

forests 

Figure 7 shows that as far as birds are concerned, 39% of 
the  breeding  species  showed  short-term  increasing  or 
stable population trends (for wintering species this figure 
was 34%). 

Figure  7:  Short-term  population  trend  of  breeding  and 
wintering bird species in Luxembourg in 2012 (%)35 

The  intensification  of  agricultural  practices,  urban  and 
suburban  development  and  an  increased  density  of 
transportation infrastructure are the main driving forces 
affecting  biodiversity  in  Luxembourg.  While  the  overall 
status  of  biodiversity  is  still  difficult  to  assess,  national 
red lists36, landscape statistics and monitoring of selected 
species often show negative trends.  

A methodological guide for the implementation of the EU 
initiative on Mapping and Assessment of Ecosystems and 
their  Services  (MAES)  in  Luxembourg  was  completed  in 

34 Please note that a direct comparison between 2007 and 2013 data is 
complicated by the fact that Bulgaria and Romania were not covered 
by the 2007 reporting cycle, that the ‘unknown’ assessments have 
strongly diminished particularly for species, and that some reported 
changes are not genuine as they result from improved data / 
monitoring methods. 

35 Article 12 of the Birds Directive reporting - national summary of 

Luxembourg 

36 The IUCN Red List is the world's most comprehensive inventory of the 
global conservation status of biological species. It is set upon precise 
criteria to evaluate the extinction risk of thousands of species. 

Environmental Implementation Report – Luxembourg 

 
 
                                                            
 
                                                            
March 2014. Based on this guide, 12 ecosystem services37 
were  prioritised  and  mapped  by  the  end  of  2014.  An 
update  of  the  Habitat  Quality  Mapping  (ecosystem 
assessment  with  a  methodology  developed  for  the 
restoration  of  ecosystems  using  fine  scale  datasets)  and 
the Ecosystem Services Mapping is ongoing. 

Suggested action 

  Complete the SAC designation process and put in place 
clearly  defined  conservation  objectives  and 
the 
necessary  conservation  measures  for  the  sites  and 
provide  adequate  resources  for  their  implementation 
in  order  to  maintain/restore  species  and  habitats  of 
community interest to a favourable conservation status 
across their natural range. 

  Ensure that the Rural Development Programme favours 
biodiversity  measures  and  contribute  to  achieving  a 
favourable conservation status of habitats and species. 
  Avoid further habitat fragmentation and take measures 

to restore connectivity. 

Green Infrastructure  

The  EU  strategy  on  green  infrastructure38  promotes  the 
incorporation  of  green  infrastructure  into  related  plans 
and  programmes  to  help  overcome  fragmentation  of 
habitats  and  preserve  or  restore  ecological  connectivity, 
enhance  ecosystem  resilience  and  thereby  ensure  the 
continued provision of ecosystem services. 

Green  Infrastructure  provides  ecological,  economic  and 
social  benefits  through  natural  solutions.  It  helps  to 
understand the value of the benefits that nature provides 
to human society and to mobilise investments to sustain 
and enhance them. 

Conserving  and  restoring  Green  and  Blue  Trails  is  a 
priority  for  Luxembourg,  to  be  achieved  through: 
identifying and protecting core sites; restoring ecological 

37 Ecosystem services are benefits provided by nature such as food, 
clean water and pollination on which human society depends. 

38 European Union, Green Infrastructure — Enhancing Europe’s Natural 

Capital, COM/2013/0249 

Luxembourg  11 

corridors  through  the  construction  of  wildlife  crossings 
and  through  better  planning  of  urban  development 
(Plans sectoriels).  

The National Nature Protection Plan (PNPN2) aims at the 
protection, conservation and reconstruction of terrestrial 
and  aquatic  migration  corridors,  which  are  affected  by 
urbanization  and  habitat  fragmentation.  It  provides  for 
biodiversity  contracts  as  a  core  biodiversity  enhancing 
measure. About 5,000 ha are managed under biodiversity 
contracts and buffer and core areas have been identified. 
The  National  Nature  Protection  Plan  includes  further 
programmes  for  the  restoration  of  15%  of  wetlands, 
semi-open  landscapes  and  dry  grasslands,  as  well  as  for 
reducing  landscape  fragmentation.  However,  measures 
taken  so  far  have  not  been  sufficient  to  halt  the  loss  of 
such habitats and landscape fragmentation39. 

important  aspects 

River  restoration  and  natural  flood  risk  management 
measures  constitute 
in  green 
infrastructure. Luxemburg aims at coordinating measures 
identified  in  flood  risk  management  plans  and  in  river 
basin  management  plans.  Such  projects  reflect  win-win 
situations,  where  river  restoration  yields  a  better  flood 
risk prevention and substantially improves the ecological 
and  hydromorphological  status  of  the  water  body.  They 
also  become  of  increasing  importance  in  the  context  of 
adaptation  strategies  to  climate  change.  The  latter  will 
especially  impact  rainfall  patterns  with  more  abundant 
rainfall  during  the  winter  months  whereas  the  summer 
months  will  be  drier  but  with  a  higher  frequency  of 
extreme  precipitations.  Currently,  Luxemburg  has 
launched  initial  studies  with  the  aim  of  realizing  a  river 
restoration  project  of  22km  of  the  Alzette  river  and 
thereby  addressing  one  of  the  most  populated  flood 
plains in the country. This project will be a showcase for 
new ways of dealing with green infrastructure in densely 
populated areas. 

Soil protection  

further  soil  degradation  and 

The  EU  Soil  Thematic  Strategy  highlights  the  need  to 
ensure  a  sustainable  use  of  soils.  This  requires  the 
prevention  of 
the 
preservation of its functions, as well as the restoration of 
degraded  soils.  The  2011  Road  Map  for  Resource-
Efficient  Europe,  part  of  Europe  2020  Strategy  provides 
that  by  2020,  EU  policies  take  into  account  their  direct 
and  indirect  impact  on  land  use  in  the  EU  and  globally, 
and  the  rate  of  land  take  is  on  track  with  an  aim  to 
achieve no net land take by 2050. 

SDG  15  requires  countries  to  combat  desertification, 
restore degraded land and soil, including land affected by 
desertification, drought and floods, and strive to achieve 

39 Luxembourg: contribution to the mid-term review of the EU 

biodiversity strategy to 2020 based on the 5th national report to CBD 

Environmental Implementation Report – Luxembourg 

 
 
                                                            
                                                            
a land-degradation-neutral world by 2030. 

sector41.  

Luxembourg  12 

Soil is an important resource for life and the economy. It 
provides  key  ecosystem  services  including  the  provision 
of food, fibre and biomass for renewable energy, carbon 
sequestration,  water  purification  and  flood  regulation, 
the provision of raw and building material. Soil is a finite 
and  extremely 
increasingly 
degrading  in  the  EU.  Land  taken  by  urban  development 
and infrastructure is highly unlikely to be reverted to its 
natural  state;  it  consumes  mostly  agricultural  land  and 
increases  fragmentation  of  habitats.  Soil  protection  is 
indirectly  addressed  in  existing EU policies  in  areas  such 
as  agriculture,  water,  waste,  chemicals,  and  prevention 
of industrial pollution. 

resource  and 

fragile 

In terms of the percentage of built up land, Luxembourg 
is the 4th worst in the EU with around 2.7% in 201242. 

The soil water erosion rate in 2010 was 2.09 tonnes per 
ha per year, close to EU-28 average (2.46 tonnes) 43.  

There  are  still  not  EU-wide  datasets  enabling  the 
provision of benchmark indicators for soil organic matter 
decline, contaminated sites, pressures on soil biology and 
diffuse  pollution.  An  updated  inventory  and  assessment 
of  soil  protection  policy  instruments  in  Luxembourg  and 
other  EU  Member  States  is  being  performed  by  the  EU 
Expert Group on Soil Protection. 

Figure  8  shows  the  different 
Luxembourg in 2012.  
Figure 8: Land Cover types in Luxembourg 201240 

land  cover  types 

in 

Artificial  land  cover  is  used  for  settlements,  production 
systems and infrastructure. It may itself be split between 
built-up areas (buildings) and non-built-up areas (such as 
linear transport networks and associated areas). 

The  annual  land  take  rate  (growth  of  artificial  areas)  as 
provided  by  CORINE  Land  Cover  was  0.32% 
in 
Luxembourg  over  the  period  2006-12,  below  the  EU 
average (0.41%). It represented 75 hectares per year and 
was mainly driven almost exclusively by the construction 

40 European Environment Agency. Land cover 2012 and changes country 

analysis [publication forthcoming] 

41 European Environment Agency Draft results of CORINE Land Cover 

(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 
artificial land. 

42 European Environment Agency, 2016. Imperviousness and 

imperviousness change 

43 Eurostat, Soil water erosion rate, Figure 2, accessed November 2016 

Environmental Implementation Report – Luxembourg 

 
 
                                                            
                                                            
3. Ensuring citizens' health and quality of life 

Luxembourg  13 

Air quality  
The  EU  Clean  Air  Policy  and  legislation  require  that  air 
quality  in  the  Union  is  significantly  improved,  moving 
closer  to  the  WHO  recommended  levels.  Air  pollution 
and its impacts on ecosystems and biodiversity should be 
further reduced with the long-term aim of not exceeding 
critical  loads  and  levels.  This  requires  strengthening 
efforts  to  reach  full  compliance  with  Union  air  quality 
legislation  and  defining  strategic  targets  and  actions 
beyond 2020. 

The  EU  has  developed  a  comprehensive  suite  of  air 
legislation44,  which  establishes  health-based 
quality 
standards  and  objectives  for  a  number  of  air  pollutants. 
As  part  of  this,  Member  States  are  also  required  to 

applicable  national  emission 

ceilings46. 
currently 
Regarding  nitrogen  oxides  and 
volatile  organic 
compounds, even if significant emission reductions have 
been recorded, respectively 34% and 53%, emissions for 
these pollutants are still above current ceilings. It should 
be noted that the exceedance of the current ceilings for 
nitrogen  oxides  is  partly  due  to  the  actual  driving 
emissions of these pollutants from diesel vehicles. 

 At the same time, air quality in Luxembourg continues to 
give  cause for concern.  Nevertheless,  for  the  year 2013, 
the  EEA  estimated  that  about  280  premature  deaths 
fine  particulate  matter47 
were 
concentrations,  10  to  ozone48  concentration  and  80  to 
nitrogen  dioxide49  concentrations.50  This  is  due  also  to 
exceedances  above  the  EU  air  quality  standards  such  as 

attributable 

to 

Figure 9: Attainment situation for PM10, NO2 and O3 in 2014 

that  up-to-date 

information  on  ambient 
ensure 
concentrations  of  different  air  pollutants  is  routinely 
made  available  to  the  public.  In  addition,  the  National 
Emission  Ceilings  Directive  provides 
for  emission 
reductions  at  national  level  that  should  be  achieved  for 
main pollutants.  

The  emission  of  several  air  pollutants  has  decreased 
significantly  in  Luxembourg45.  Reductions  between  1990 
and  2014  for  sulphur  oxides  (-90%),  and  ammonia  (-4%) 
ensure  air  emissions  for  these  pollutants  are  within  the 

44 European Commission, 2016. Air Quality Standards 
45 See EIONET Central Data Repository and Air pollutant emissions data 

viewer (NEC Directive) 

46 The current national emission ceilings apply since 2010 (Directive 
2001/81/EC); revised ceilings for 2020 and 2030 have been set by 
Directive (EU) 2016/2284 on the reduction of national emissions of 
certain atmospheric pollutants, amending Directive 2003/35/EC and 
repealing Directive 2001/81/EC. 

47 Particulate matter (PM) is a mixture of aerosol particles (solid and 
liquid) covering a wide range of sizes and chemical compositions. 
PM10 (PM2.5) refers to particles with a diameter of 10 (2.5) 
micrometres or less. PM is emitted from many anthropogenic 
sources, including both combustion and non-combustion sources. 
48 Low level ozone is produced by photochemical action and it is also a 

greenhouse gas. 

49 NOx is emitted during fuel combustion e.g. from industrial facilities 
and the road transport sector. NOx is a group of gases comprising 
nitrogen monoxide (NO) and nitrogen dioxide (NO2). 

50 European Environment Agency, 2016. Air Quality in Europe – 2016 
Report. (Table 10.2, please see details in this report as regards the 
underpinning    methodology) 

Environmental Implementation Report – Luxembourg 

 
                                                            
                                                            
 
shown in Figure 951.  

For 2014, exceedances above the EU air quality standards 
have  been  registered  for  nitrogen  dioxide  in  one  air 
quality  zone  (City  of  Luxembourg).  Furthermore,  target 
ozone 
values 
concentrations52 are exceeded. 

objectives 

long-term 

and 

for 

It is estimated that the health-related external costs from 
in  Luxembourg  are  above  EUR  859 
air  pollution 
million/year  (income  adjusted,  2010),  which  include  not 
only the intrinsic value of living a full health life but also 
direct costs to the economy. These direct economic costs 
relate  to  98  thousand  workdays  lost  each  year  due  to 
sickness related to air pollution, with associated costs for 
employers  of  EUR  32  million/year  (income  adjusted, 
2010),  for  healthcare  of  above  EUR  3  million/year 
(income adjusted, 2010), and for agriculture (crop losses) 
of EUR 18 million/year (2010)53. 

Suggested action 

  Maintain  downward  emissions  trends  of  air  pollutants 
in  order  to  achieve  full  compliance  with  currently 
applicable  national  emission  ceilings  and  air  quality 
limit values - and reduce adverse air pollution impacts 
on health, environment and economy. 

  Reduce  non-methane  volatile  organic  compounds 
emissions to comply with currently applicable national 
emission 
ozone 
and 
concentrations. 

ceilings54 

reduce 

to 

  Reduce nitrogen oxide (NOx) emissions to comply with 
currently applicable national emission ceilings55 and/or 
to 
(and  ozone 
(NO2) 
concentrations), 
inter  alia,  by  reducing  transport 
related emissions - in particular in urban areas. 

reduce  nitrogen  dioxide 

Noise 

The  Environmental  Noise  Directive  provides  for  a 
common  approach  for  the  avoidance,  prevention  and 
reduction  of  harmful  effects  due  to  exposure  to 
environmental noise. 

Excessive  noise  is  one  of  the  main  causes  of  health 

51 Based on European Environment Agency, 2016. Air Quality in Europe 

– 2016 Report. (Figures 4.1, 5.1 and 6.1) 

52 See The EEA/Eionet Air Quality Portal and the related Central Data 

Repository 

53 Based on the Impact Assessment for the European Commission 

Integrated Clean Air Package (2013) 

54 Under the provisions of the revised National Emission Ceilings 

Directive, Member States now may apply for emission inventory 
adjustments. Pending evaluation of any adjustment application, 
Member States should keep emissions under close control with a 
view to further reductions. 

55 Ibid. 

Luxembourg  14 

issues56.  To alleviate  this,  the  EU  acquis  sets  out  several 
requirements, 
including  assessing  the  exposure  to 
environmental  noise  through  noise  mapping,  ensuring 
that information on environmental noise and its effects is 
made  available  to  the  public,  and  adopting  action  plans 
with  a  view  to  preventing  and  reducing  environmental 
noise  where  necessary  and  to  preserving  the  acoustic 
environment quality where it is good. 

implementation  of  the  Environmental 
Luxembourg's 
Noise  Directive57  is  delayed.  The  noise  mapping  for  the 
most  recent  reporting  round,  for  the  reference  year 
2011,  is  complete.  However,  action  plans  for  noise 
management  for  the  following  period  have  not  been 
adopted  for  any  of  the  agglomerations,  major  roads, 
major  railways  or  airports  within  the  scope  of  the 
Directive. 

Water quality and management 

(including  surface  and  ground  waters) 

The  EU  water  policy  and  legislation  require  that  the 
impact  of  pressures  on  transitional,  coastal  and  fresh 
waters 
is 
significantly  reduced  to  achieve,  maintain  or  enhance 
good  status  of  water  bodies,  as  defined  by  the  Water 
Framework Directive; that citizens throughout the Union 
benefit from high standards for safe drinking and bathing 
water;  and  that  the  nutrient  cycle  (nitrogen  and 
phosphorus)  is  managed  in  a  more  sustainable  and 
resource-efficient way. 

SDG  6  encourages  countries  to  ensure  availability  and 
sustainable management of water and sanitation for all. 

The  main  overall  objective  of  EU  water  policy  and 
legislation  is  to  ensure  access  to  good  quality  water  in 
sufficient  quantity  for  all  Europeans.  The  EU  water 
acquis58  seeks  to  ensure  good  status  of  all  water  bodies 
across Europe by addressing pollution sources (from e.g. 
agriculture, urban areas and industrial activities), physical 
and  hydrological modifications  to  water  bodies)  and  the 
management of risks of flooding.  

River  Basin  Management  Plans 

(RBMPs)  are  a 

56 WHO/JRC, 2011, Burden of disease from environmental noise, 

Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), 
World Health Organization, Regional Office for Europe, Copenhagen, 
Denmark 

57 The Noise Directive requires Member States to prepare and publish, 
every 5 years, noise maps and noise management action plans for 
agglomerations with more than 100,000 inhabitants, and for major 
roads, railways and airports. 

58 This includes the Bathing Waters Directive (2006/7/EC); the Urban 

Waste Water Treatment Directive (91/271/EEC) concerning 
discharges of municipal and some industrial waste waters; the 
Drinking Water Directive (98/83/EC) concerning potable water 
quality; the Water Framework Directive (2000/60/EC) concerning 
water resources management; the Nitrates Directive (91/676/EEC) 
and the Floods Directive (2007/60/EC) 

Environmental Implementation Report – Luxembourg 

 
                                                            
                                                            
requirement  of  the  Water  Framework  Directive  and  a 
means  of  achieving  the  protection,  improvement  and 
sustainable use of the water environment across Europe. 
This includes surface freshwaters such as lakes and rivers, 
groundwater,  estuaries  and  coastal  waters  up  to  one 
nautical mile. 

Luxembourg has provided information to the Commission 
from  its  second  generation  of  RBMPs.  However,  as  the 
Commission  has  not  yet  been  able  to  validate  this 
information  for  all  Member  States,  it  is  not  reported 
here. 
In  its  first  generation  of  RBMPs59  Luxembourg  reported 
the status of 102 rivers and 5 groundwater bodies. Only 
7%  of  natural  surface  water  bodies  achieve  a  good  or 
high  ecological  status60  and  8%  of  heavily  modified  or 
artificial  water  bodies  achieve  a  good  or  high  ecological 
potential.  Around  74%  of  surface  water  bodies,  34%  of 
heavily modified and artificial water bodies61 and 60% of 
groundwater  bodies  achieve  good  chemical  status.62 
Finally,  100%  of  groundwater  bodies  are 
in  good 
quantitative status63. 

The main pressures are point sources from urban (and to 
a  lesser  extent  industrial)  wastewater,  diffuse  sources64 
from  agriculture  but  also  from  other  drivers,  and 
hydromorphological alterations. 

There are certain deficiencies in RBMPs: in particular, the 
methods for status assessment are not fully developed. A 
high  number  of  exemptions  were  applied.  The 
Programmes  of  Measures  are  expected  to  result  in 
improvement  of  the  ecological  and  chemical  status  of 
natural surface water bodies by 24% and 5% respectively. 
in 
The  planned  measures  are  expected  to  result 
improvement  of  ecological  potential  of  artificial  and 
heavily  modified  water  bodies  by  17%  and  chemical 
status of these bodies by 8%. 

In the context of the Nitrates Directive, Luxembourg has 
decided  to  apply  mandatory  measures  on  its  whole 
territory. Measures have been taken in the past years, to 
conform  to  a  ruling  of  the  EU  Court  of  Justice  on  the 

59 Luxembourg has not yet submitted its 2nd RBMP to the Commission. 
60 Good ecological status is defined in the Water Framework Directive, 

in terms of the quality of the biological community, the 
hydromorphological characteristics and the psycho- chemical and 
chemical characteristics. 

61 Many European river basins and waters have been altered by human 
activities, such as land drainage, flood protection and building of 
dams to create reservoirs. 

62 Good chemical status is defined in the Water Framework Directive in 
terms of compliance with all the quality standards established for 
chemical substances at European level. 

63 For groundwater, a precautionary approach has been taken that 

comprises a prohibition on direct discharges to groundwater, and a 
requirement to monitor groundwater bodies. 

64 Diffuse pollution comes from widespread activities with no one 
discrete source, e.g. acid rain, pesticides, urban run-off, etc.  

Luxembourg  15 

implementation  of  the  Directive,  however  water  quality 
due  to  pollution  by  nitrates  (intensive  livestock  rearing 
and dairy farming) remains a matter of concern. 

As regards drinking water, Luxembourg reaches very high 
compliance  rates  of  99-100  %  for  microbiological, 
chemical  and  indicator  parameters  laid  down  in  the 
Drinking Water Directive65. 

As  shown  in  Figure  10,  in  2015,  in  Luxembourg  all  11 
bathing  waters 
sites  were  of  excellent  quality. 
Luxembourg  shows  continued  excellent  bathing  water 
quality over the years. 
Figure 10: Bathing water quality 2012 – 201566 

With  regard  to  urban  waste  water  treatment,  98.7%  of 
the  wastewater  load  collected  is  correctly  treated  as 
regards  the  secondary  treatment  requirements  of  the 
Urban Waste Water Treatment Directive. As regards the 
more  stringent  treatment  that  concerns  75.9%  of  the 
collected load only 42% of the load collected is correctly 
treated  in  accordance  with  the  Urban  Waste  Water 
Treatment  Directive67.  For  this  reason,  the  EU  Court  of 
Justice 
in  2014. 
fines  on  Luxembourg 
Compliance is now foreseen by end of 2017. 

imposed 

The  estimated 
(reported  by 
investment  needs 
Luxembourg under Article 17 of the Urban Waste Water 

65 Commission's Synthesis Report on the Quality of Drinking Water in 
the Union examining Member States' reports for the 2011-2013 
period, foreseen under Article 13(5) of Directive 98/83/EC; 
COM(2016)666 

66 European Environment Agency, 2016. European bathing water quality 

in 2015, p. 26 

67 European Commission, Eighth Report on the Implementation Status 
and the Programmes for Implementation of the Urban Waste Water 
Directive (COM (2016)105 final) and Commission Staff Working 
Document accompanying the report (SWD(2016)45 final). 

Environmental Implementation Report – Luxembourg 

 
                                                            
 
                                                            
Treatment  Directive)  to  reach  full  compliance  with  the 
Directive are of EUR 101 million68. 

Suggested action 

  Improve methods for status assessment. 
  Address in the Water Framework Directive Programme 
of Measures all relevant pressures and implementation 
gaps,  in  particular  measures  addressing  agricultural 
pollution. 

  Properly  assess  new  modifications  of  water  bodies 
according  to  article  4(7)  of  the  Water  Framework 
Directive. 

Enhancing the sustainability of cities  

The  EU  Policy  on  the  urban  environment  encourages 
cities  to 
implement  policies  for  sustainable  urban 
planning and design, including innovative approaches for 
urban  public 
sustainable 
buildings,  energy  efficiency  and  urban  biodiversity 
conservation.  

transport  and  mobility, 

SDG11  aims  at  making  cities  and  human  settlements 
inclusive, safe, resilient and sustainable. 

Europe is a Union of cities and towns; around 75% of the 
EU  population  are  living  in  urban  areas.69  The  urban 
environment  poses  particular  challenges 
the 
environment  and  human  health,  whilst  also  providing 
opportunities and efficiency gains in the use of resources.  

for 

The  Member  States,  European  institutions,  cities  and 
stakeholders have prepared a new Urban Agenda for the 
EU  (incorporating  the  Smart  Cities  initiative)  to  tackle 
these  issues  in  a  comprehensive  way,  including  their 
connections with social and economic challenges. At the 
heart  of  this  Urban  Agenda  will  be  the  development  of 
twelve  partnerships  on  the  identified  urban  challenges, 
including air quality and housing70.  

The  European  Commission  will 
benchmark system in 201771. 

launch  a  new  EU 

The  EU  stimulates  green  cities  through  awards  and 
funding,  such  as  the  EU  Green  Capital  Award  aimed  at 
cities  with  more  than  100,000  inhabitants  and  the  EU 
Green  Leaf  initiative  aimed  at  cities  and  towns,  with 
between 20,000 and 100,000 inhabitants.  

68 European Commission, Eighth Report on the Implementation Status 
and the Programmes for Implementation of the Urban Waste Water 
Directive (COM (2016)105 final) and Commission Staff Working 
Document accompanying the report (SWD(2016)45 final).  

69 European Environment Agency, Urban environment 
70 http://urbanagendaforthe.eu/ 
71 The Commission is developing an Urban Benchmarking and 

Monitoring ('UBaM') tool to be launched in 2017. Best practices 
emerge and these will be better disseminated via the app featuring 
the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, 
Committee of the Regions, Covenant of Mayors and others. 

Luxembourg  16 

Luxembourg  has  allocated  EUR  1.170  million  (6%  of  its 
allocation under the ERDF, excluding technical assistance) 
to sustainable urban development. 

In  2013,  the  number  of  passenger  cars  per  1000 
inhabitants  was  676  in  Luxembourg,  well  above  the  EU 
average (494), and the highest in the EU-28. The share of 
diesel passenger cars is 66% in Luxembourg, compared to 
the  EU-average  of  41%72.  Peak-hour  congestion 
in 
Luxembourg  constitutes  a  major  problem,  above  all  in 
the  City  of  Luxembourg  and  on  the  main  surrounding 
motorways  and  other  roads.  According  to  the  Europe’s 
Worst Countries for Traffic Congestion in 2014 based on 
the  amount  of  hours  spent  in  gridlock,  Luxembourg  was 
the fourth worst73. 

However,  addressing  air  pollution  (NO2)  in  the  region 
around the City of Luxembourg seems to be on the right 
track  following  the  replacement  of  diesel  buses  and 
construction  of  a  tram 
in  2017) 
Nevertheless, 
in  the  area  of 
sustainable mobility and measures to reduce the share of 
diesel passenger cars in the national fleet are needed, in 
order  to  maintain  the  downward  trend  in  the  emissions 

line  (operational 

investments 

further 

72 European Automobile Manufacturers Association, 2014. Passenger 

Car Fleet Per Capita  

73 INRIX 2015 Traffic Scorecard 

Environmental Implementation Report – Luxembourg 

 
                                                            
                                                            
and to finally achieve full compliance with the air quality 
standards. 

Luxembourg  17 

sustainability 

In  Luxembourg  large  urban  projects  are  designed  to 
incorporate 
concepts.  A  prominent 
is  Kirchberg,  a  365-hectare  urban  project 
example 
located in the north-eastern part of Luxembourg City. In 
order to decentralize from the capital area, other current 
projects include a Nordstad master plan for the rural area 
in  the  north  and  Belval  in  the  southwest  on  the  border 
with France. In a region 20 kilometers from Luxembourg 
City  that  was  suffering  from  industrial  decline  and 
economic  depression,  the  Belval  mixed-use  urban 
industrial 
to 
renewal  project  aims 
wasteland  on  the  brown  field  of  a  former  steel  factory 
complex  through  a  public-private  partnership.  The  120-
hectare site of Belval is planned for 5,000 inhabitants and 
20,000 employees with public investment of almost EUR 
1 billion74. 

revitalize 

the 

International agreements  

The  EU  Treaties  require  that  the  Union  policy  on  the 
environment  promotes  measures  at  the  international 
level  to  deal  with  regional  or  worldwide  environmental 
problems. 

Most  environmental  problems  have  a  transboundary 
nature  and  often  a  global  scope  and  they  can  only  be 
addressed effectively through international co-operation. 
International  environmental  agreements  concluded  by 
the Union are binding upon the institutions of the Union 
and  on  its Member  States. This  requires  the  EU and the 
Member  States  to  sign,  ratify  and  effectively  implement 
all  relevant  multilateral  environmental  agreements 
(MEAs) in a timely manner. This will also be an important 
contribution  towards  the  achievement  of  the  SDGs, 
which Member States committed to in 2015 and include 
many  commitments  contained  already  in  legally  binding 
agreements. 

The  fact  that  some  Member  States  did  not  sign  and/or 
ratify  a  number  of  MEAs  compromises  environmental 
implementation,  including  within  the  Union,  as  well  as 
in  related  negotiations  and 
the  Union’s  credibility 
international  meetings  where 
the 
participation of third countries to such agreements is an 
established  EU  policy  objective.  In  agreements  where 
voting takes place it has a direct impact on the number of 
votes to be cast by the EU. 

supporting 

Luxembourg  has  signed  and  ratified  almost  all  MEAs.  It 
has signed but not yet ratified the Nagoya Protocol75.  

74 Worldwatch Institute Europe, 2015. Sustainability of Significant 

Urban Projects in Luxembourg; Belval. 

75 Nagoya protocol on access to genetic resources and the fair and 
equitable sharing of benefits arising from their utilization to the 

Convention on biological diversity 

Environmental Implementation Report – Luxembourg 

 
                                                            
 
Part II: Enabling Framework: Implementation Tools 

4. Market based instruments and investment 

Luxembourg  18 

Green taxation and environmentally harmful 
subsidies 

The Circular Economy Action Plan encourages the use of 
financial  incentives  and  economic  instruments,  such  as 
taxation  to  ensure  that  product  prices  better  reflect 
environmental costs. The phasing out of environmentally 
harmful  subsidies  is  monitored  in  the  context  of  the 
European  Semester  and  in  national  reform  programmes 
submitted by Member States. 

Taxing pollution and resource use can generate increased 
revenue  and  bring  important  social  and  environmental 
benefits. 

in 

Luxembourg  has  seen  a  steady  decreases 
its 
environmental tax revenues share in GDP over the last 10 
years,  amounting  to  1.99%  of  GDP  in  2014  (EU28 
average:  2.46%  of  GDP).  Figure  11  shows 
that 
environmental  tax  revenue  accounts  for  5.23%  of  total 
revenues  from  taxes  in  2014  (EU28  average:  6.35%).76 
This  shows  a  decrease  compared  to  2013.  Energy  taxes 
make up the largest proportion of environmental taxes in 
Luxembourg by far, amounting to 1.84% of GDP in 2014. 
Revenues  from  taxation  of  transport  (excluding  fuels) 
made up just 0.14% of GDP in 2014.  

Luxembourg’s transport fuel rates are some of the lowest 
in  the  EU,  not  having  been modified  since  January  2007 
(diesel)  and  July  2012  (petrol),  although  the  increase  in 
VAT  from  15%  to  17%  contributed  to  increased  fuel 
taxes. The tax rate on diesel fuel is 62% of the petrol tax 
rate77 and this differential does not reflect the respective 
social costs associated78. Consequently, the share of new 
registered diesel  cars  in total  cars  reached 73% in  2013, 
being the highest among EU15 & EFTA countries79.  

In  addition,  transport  taxes  in  Luxembourg  are  low  in 
comparison  to  other  Member  States.  The  vehicle 
registration fee of EUR 50, applied irrespective of vehicle 
type or emissions, is one of the lowest in the EU, and has 
no  impact  on  a  driver’s  choice  of  vehicle.  Circulation 
taxes  are  particularly  low  in  Luxembourg  compared  to 
other countries, not calculated on the basis of emissions, 
and its transport fuel rates are also amongst the lowest in 
the EU. 

Figure  11:  Environmental  tax  revenues  as  a  share  of 
total  revenues  from  taxes  and  social  contributions 
(excluding imputed social contributions) in 201480 

An  impact  of  low  excise  duties  on  transport  fuels  is  the 
so-called ‘fuel tourism’, creating traffic congestion and air 
pollution. A study indicates that, in 2012, the total cost of 
‘fuel  tourism’  amounted  to  approximately  3.5  billion 
euros per year considering ecological and health negative 
impacts on a national and international level81. 

The  general  tax  reform,  due  to  take  effect  in  2017, 
includes measures to encourage a "sustainable mobility", 
supporting  the  purchase  of  green  cars,  pedelecs  and 
bicycles. Furthermore, for company cars, the valuation of 
the  benefit  in  kind  will  be  differentiated  depending  on 
the CO2 emissions of the car. The current rate of 1.5% of 

76 Eurostat, Environmental tax revenues, accessed June 2016 
77European Environment Agency 2016, Environmental taxation and EU 

environmental policies. Table 4.3 on p.24 

78 Diesel fuel affects local air pollution much stronger than gasoline, 
primarily due to the higher emissions of particulate matter and 
nitrogen oxides per litre. 

79 European Automobile Manufacturers Association, 2013 data 

80 Eurostat, Environmental tax revenues, accessed October 2016 
81 This cost clearly prevails over the economic profits that may be 
associated with these sales (3,5 billion against 2.1 billion euros). 
Source: Ermittlung und Bewertung der positiven und negativen 
Wirkungen des Treibstoffverkaufs unter besonderer Berücksichtigung 
negativer externer Umwelt- und Gesundheitseffekte – Status quo 
2012 und maßnahmeninduzierte Veränderungen, Government of 
Luxembourg, 25 November 2016.  

Environmental Implementation Report – Luxembourg 

 
                                                            
 
                                                            
the  commercial  value  of  the  car  will  be  replaced  with  a 
range of percentages between 0.5% and 1.8%. 

that 

there 

Luxembourg  has  been  identified  as  one  of  the  12 
Member  States  which  have  particular  scope 
for 
improving  the  design  of  their  environmentally  related 
taxes82.  A  2016  study83  suggests 
is 
considerable  potential  for  shifting  taxes  from  labour  to 
environmental  taxes 
in  Luxembourg.  Under  a  good 
practice scenario84, these could generate EUR 0.22 billion 
in  2018,  rising  to  EUR 0.43  billion  in  2030.  This  is 
equivalent to 0.39% and 0.50% of GDP in 2018 and 2030 
respectively. According to the study, the largest potential 
source  of  revenue  could  come  from  the  proposed 
amendments  to  taxes  on  transport  fuels.  This  accounts 
for EUR 0.32 billion in 2030, equivalent to 0.37% of GDP. 
The  next  largest  contribution  to  revenue  could  come 
from the proposed passenger aviation tax. This accounts 
for  EUR 0.03  billion  in  2030,  equivalent  to  0.04%  of 
GDP.85 

Green Public Procurement  

The  EU  green  public  procurement  policies  encourage 
Member States to take further steps to reach the target 
of applying green procurement criteria to at least 50% of 
public tenders. 
Green  Public  Procurement  (GPP)  is  a  process  whereby 
public  authorities  seek  to  procure  goods,  services  and 
works  with  a  reduced  environmental  impact  throughout 
their  life-cycle  when  compared  to  goods,  services  and 
works  with  the  same  primary  function  that  would 
otherwise be procured.  

The  purchasing  power  of  public  procurement  equals  to 
approximately  14%  of  GDP86.  A  substantial  part  of  this 
money  is  spent  on  sectors  with  high  environmental 
impact such as construction or transport, so GPP can help 
to  significantly  lower  the  impact  of  public  spending  and 
The 
innovative 
foster 
Commission has proposed EU GPP criteria87. 

businesses. 

sustainable 

82 European Commission, 2015. Tax Reforms in EU Member States 2015, 

Institutional Paper 008 Sept. 2015, p.91.  

83 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, 

2016. Study on Assessing the Environmental Fiscal Reform Potential 
for the EU28. N.B. National governments are responsible for setting 
tax rates within the EU Single Market rules and this report is not 
suggesting concrete changes as to the level of environmental 
taxation. It merely presents the findings of the 2016 study by 
Eunomia et al on the potential benefits various environmental taxes 
could bring. It is then for the national authorities to assess this study 
and their concrete impacts in the national context. A first step in this 
respect, already done by a number of Member States, is to set up 
expert groups to assess these and make specific proposals. 
84 The good practice scenario means benchmarking to a successful 

taxation practice in another Member State. 

85 The amounts in this paragraph are expressed in real 2015 terms. 
86 European Commission, 2015. Green public procurement 
87 In the Communication “Public procurement for a better environment” 
(COM /2008/400) the Commission recommended the creation of a 

Luxembourg  19 

The  Luxembourgish  public  procurement  law  formally 
encourages contracting authorities to make use of tender 
procedures  to  promote  sustainable  development88. 
Similarly, the National Plan for Sustainable Development 
adopted in 2010 explicitly sets the objective of promoting 
green  criteria  in  public  procurement.  However,  the  Plan 
does  not  set  any  target  objectives,  specific  measures  or 
mandatory  criteria  to  promote  GPP.  Some  guidance  is 
provided on criteria that can be required in the terms of 
references  and  links  to  EU  GPP  website  and  toolkit. 
Guidelines  for  sustainable  construction  works  are  also 
available89. 

Investments: the contribution of EU funds  

European  Structural  and  Investment  Funds  Regulations 
provide  that  Member  States  promote  environment  and 
funding  strategies  and 
climate  objectives 
programmes 
territorial 
cohesion,  rural  development  and  maritime  policy,  and 
reinforce the capacity of implementing bodies to deliver 
cost-effective and sustainable investments in these areas.  

in  their 
for  economic, 

social  and 

Making  good  use  of  the  European  Structural  and 
Investment  Funds  (ESIF)90  is  essential  to  achieve  the 
environmental goals and integrate these into other policy 
areas.  Other  instruments  such  as  the  Horizon  2020,  the 
LIFE  programme  and  the  EFSI91  may  also  support 
implementation and spread of best practice. 

The  total  budget  for  the  ESIF  is  EUR  140  million  for  the 
period 2014-2020, 20% less compared to 2007-13. 

Figure  12:  European  Structural  and  Investment  Funds 
2014-2020: Budget Luxembourg by theme, EUR billion92 

process for setting common GPP criteria. The basic concept of GPP 
relies on having clear, verifiable, justifiable and ambitious 
environmental criteria for products and services, based on a life-cycle 
approach and scientific evidence base. 

88 The amended Law of 25 June 2009 on public procurement provides 
that the contracting authorities "shall ensure that, when awarding 
public contracts, account is taken of the aspects and problems of the 
environment and the promotion of sustainable development". While 
the award is to be made in accordance with the principle of the most 
economically advantageous tender, environmental characteristics 
are amongst the criteria to be taken into consideration. 

89 PwC 2016, 'Stock-taking of administrative capacity, systems and 
practices across the EU to ensure the compliance and quality of 
public procurement involving European Structural and Investment 
(ESI) Funds'  

90 ESIF comprises five funds – the European Regional Development 
Funds (ERDF), the Cohesion Fund (CF), the European Social Fund 
(ESF), the European Agricultural Fund for Rural Development 
(EAFRD), and the European Maritime and Fisheries Fund (EMFF). The 
ERDF, the CF and the ESF together form the Cohesion Policy funds. 

91 European Investment Bank, 2016 European Fund for Strategic 

Investments 

92 European Commission, European Structural and Investment Funds 

Data By Country 

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Luxembourg  20 

Luxembourg  does  not  implement  any  LIFE  integrated 
project. 

Luxembourg  has  one  European  Regional  Development 
Fund  (ERDF),  one  European  Agricultural  Fund  for  Rural 
Development  (EAFRD)  and  one  European  Social  Fund 
(ESF) Operational Programme (OP). It does not have any 
funding under the European Maritime and Fisheries Fund 
(EMFF).  Only  Thematic  Objectives  1 
(research, 
development and innovation) and 4 (shift towards a low-
carbon economy in all sectors) have been selected under 
the  ERDF  OP,  each  having  EUR  9.166  million  (see  Figure 
12).  

Luxembourg is using loans from the European Investment 
Bank  (EIB)  to  finance  investments  for  water  and  waste 
infrastructures. Investments in the water sector will also 
be financed under the EAFRD. 

Luxembourg  has  EAFRD  funding  of  EUR  0.1bn  over  the 
period  2014-20.  The  budget  for  agri-environmental-
climate  measures  (AECM)  represents  29%  of  the  total 
EAFRD and is one of the twelve highest % allocations (EU 
average is 16.51%). The surface dedicated to agricultural 
land  under  contracts  for  biodiversity  (89.2  %)  is  the 
highest in the EU.  
Direct  payments  (Pillar  1  CAP93)  are  the  most  important 
for Luxembourg, and the high choice for Ecological Focus 
Areas (EFA) is beneficial for the environment. 

It is too early to draw conclusions as regards the use and 
results of ESIF for the period 2014-2020, as the relevant 
programme is still in an early stage of its implementation.  

Current data suggest that the EU funds for the 2007-2013 
period were almost fully spent.94 

93 Pillar 1 is the non-rural development (non-EAFRD) part of the CAP. 

94 Final data for the period 2007-2013 will only be available at the end 

of 2017.   

Environmental Implementation Report – Luxembourg 

 
 
                                                            
 
 
5. Effective governance and knowledge  

Luxembourg  21 

SDG  16  aims  at  providing  access  to  justice  and  building 
effective,  accountable  and  inclusive  institutions  at  all 
levels. SDG 17 aims at better implementation, improving 
policy  coordination  and  policy  coherence,  stimulating 
science, 
innovation,  establishing 
partnerships and developing measurements of progress. 

technology 

and 

Effective governance of EU environmental legislation and 
policies  requires  having  an  appropriate 
institutional 
framework,  policy  coherence  and  coordination,  applying 
legal  and  non-legal  instruments,  engaging  with  non-
governmental  stakeholders,  and  having  adequate  levels 
of  knowledge  and  skills95.  Successful  implementation 
depends, to a large extent, on central, regional and local 
government  fulfilling  key  legislative  and  administrative 
tasks,  notably  adoption  of 
implementing 
legislation,  co-ordinated  action  to  meet  environmental 
objectives  and  correct  decision-making  on  matters  such 
as  industrial  permits.  Beyond  fulfilment  of  these  tasks, 
government  must 
to  ensure  day-to-day 
compliance  by  economic  operators,  utilities  and 
individuals  ("compliance  assurance").  Civil  society  also 
has  a  role  to  play,  including  through  legal  action.  To 
underpin the roles of all actors, it is crucial to collect and 
share  knowledge  and  evidence  on  the  state  of  the 
environment  and  on  environmental  pressures,  drivers 
and impacts. 

intervene 

sound 

Equally,  effective  governance  of  EU  environmental 
legislation  and  policies  benefits  from  a  dialogue  within 
Member  States  and  between  Member  States  and  the 
Commission  on  whether  the  current  EU  environmental 
legislation  is  fit  for  purpose.  Legislation  can  only  be 
properly 
into  account 
experiences  at  Member  State  level  with  putting  EU 
commitments  into  effect.  The  Make  it  Work  initiative,  a 
Member  State  driven  project,  established 
in  2014, 
organizes a discussion on how the clarity, coherence and 
structure  of  EU  environmental 
legislation  can  be 
improved without lowering existing protection standards. 

implemented  when 

it  takes 

Effective governance within central, regional 
and local government 

Those  involved  in  implementing  environment  legislation 
at  Union,  national,  regional  and  local  levels  need  to  be 
equipped  with  the  knowledge,  tools  and  capacity  to 
improve  the  delivery  of  benefits  from  that  legislation, 
and the governance of the enforcement process. 

Capacity to implement rules 

95 The Commission has work ongoing to improve the country-specific 
knowledge about quality and functioning of the administrative 
systems of Member States. 

is 

that 

crucial 

regional  and 

It 
local 
central, 
administrations  have  the  necessary  capacities  and  skills 
and training to carry out their own tasks and co-operate 
and  co-ordinate  effectively  with  each  other,  within  a 
system of multi-level governance. 

low  number  of 

infringement  procedures  and 
The 
complaints/petitions  reflects  an  efficient  approach  to 
protection of human health and the environment.  

The  transposition  of  Directives  is  generally  in  time, 
identifies  normally  only  minor 
conformity  checking 
issues. Bad application cases are rare.  

The  2013  European  Quality  of  Government  Index  puts 
Luxembourg in fifth place out of the 28 Member States96. 

Coordination and integration 

the 

are  with 

competences 

Legislative 
central 
government,  which  can  enact  Laws  together  with  the 
Parliament.  For  environmental  issues,  the  Ministry  for 
Sustainable  Development 
is 
responsible,  together  with  the  Ministry  of  Home  Affairs 
and Great Region. Formulating environmental policy and 
drafting legislation, including also on water policies, falls 
within the competence of the Minister of Environment. 

Infrastructure 

and 

in 

all 

integration 

important  tools  to  ensure 
Impact  assessments  are 
environmental 
government 
policies97.The  Commission  encourages  the  streamlining 
of  the  environmental  assessments  to  avoid  overlaps  in 
environmental  assessments  and  accelerate  decision-
making,  without  compromising  the  quality  of  the 
environmental  assessment  procedure.  The  Commission 
has issued a guidance document in 201698 regarding the 

96 Charron N., 2013. European Quality of Government Index (EQI) 
97 Article 11 of the TFEU provides that "Environmental protection 
requirements must be integrated into the definition and 
implementation of the Union's policies and activities, in particular with 
a view to promoting sustainable development." 

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Luxembourg  22 

is  applied  when  there  are 
"polluter-pays  principle" 
accidents  and  incidents  that  harm  the  environment. 
There 
information  giving 
insights  into  existing  strengths  and  weaknesses  in  each 
Member State.  

is  also  publically  available 

Figure 13: Environmental compliance assurance 

setting  up  of  coordinated  and/or  joint  procedures  that 
are simultaneously subject to assessments under the EIA 
Directive, Habitats Directive, Water Framework Directive, 
and the Industrial Emissions Directive. 

Compliance assurance 

EU  law  generally  and  specific  provisions  on  inspections, 
other  checks,  penalties  and  environmental  liability  help 
lay  the  basis  for  the  systems  Member  States  need  to 
have 
secure  compliance  with  EU 
to 
environmental rules. 

in  place 

Public  authorities  help  ensure  accountability  of  duty-
holders by monitoring and promoting compliance and by 
taking credible follow-up action (i.e. enforcement) when 
breaches occur or liabilities arise. Compliance monitoring 
initiative  of  authorities 
can  be  done  both  on  the 
themselves  and  in  response to  citizen complaints. It  can 
involve  using  various  kinds  of  checks, 
including 
inspections  for  permitted  activities,  surveillance  for 
possible  illegal  activities,  investigations  for  crimes  and 
audits for systemic weaknesses. Similarly, there is a range 
of  means  to  promote  compliance,  including  awareness-
raising  campaigns  and  use  of  guidance  documents  and 
online  information  tools.  Follow-up  to  breaches  and 
(e.g. 
liabilities  can 
withdrawal of a permit), use of criminal law99 and action 
law  (e.g.  required  remediation  after 
under 
damage  from  an  accident  using 
liability  rules)  and 
contractual  law  (e.g.  measures  to  require  compliance 
with  nature  conservation  contracts).  Taken  together,  all 
of these interventions represent "compliance assurance" 
as shown in Figure 13.  

include  administrative  action 

liability 

Best  practice  has  moved  towards  a  risk-based  approach 
at strategic and operational levels in which the best mix 
of compliance monitoring, promotion and enforcement is 
directed at the most serious problems. Best practice also 
recognises  the  need  for  coordination  and  cooperation 
between  different  authorities  to  ensure  consistency, 
avoid  duplication  of  work  and  reduce  administrative 
burden. Active participation in established pan-European 
networks  of  inspectors,  police,  prosecutors  and  judges, 
such as IMPEL100, EUFJE101, ENPE102 and EnviCrimeNet103, 
is  a  valuable  tool  for  sharing  experience  and  good 
practices. 

Currently, there exist a number of sectoral obligations on 
inspections  and  the  EU  directive  on  environmental 
liability  (ELD)  104  provides  a  means  of  ensuring  that  the 

99European Union, Environmental Crime Directive 2008/99/EC 
100 European Union Network for the Implementation and Enforcement 

of Environmental Law  

101 European Union Forum of judges for the environment  
102 The European Network of Prosecutors for the Environment 
103 EnviCrimeNet  
104 European Union, Environmental Liability Directive 2004/35/CE, p.56 

For  each  Member  State,  the  following  were  therefore 
reviewed:  use  of  risk-based  compliance  assurance; 
coordination  and  co-operation  between  authorities  and 
participation in pan-European networks; and key aspects 
of implementation of the ELD based on the Commission's 
recently  published  implementation  report  and  REFIT 
evaluation105.  

No significant up-to-date information has been found on 
the  organisation  and  functioning  of  the  environmental 
compliance system in Luxembourg. Information is lacking 
in particular in relation to the following: 

 

  data-collection  arrangements  to  track  the  use  and 
effectiveness  of  different  compliance  assurance 
interventions; 
the extent to which risk-based methods are used to 
direct  compliance  assurance  at  the  strategic  level 
and  in  relation  to  industrial  installations  as  well  as 
other critical activities, including in specific problem-
areas  highlighted  elsewhere  in  this  Country  Report, 
i.e.  the  threats  to  protected  habitat  types  and 
species  and  the  pressures  on  water  quality  from 
diffuse  sources  of  pollution  and  inadequate  urban 
waste-water treatment systems.  

  how competent authorities in Luxembourg ensure a 
targeted  and  proportionate  response  to  different 
types  of  non-compliant  behaviour,  in  particular  in 
relation to serious breaches detected.  

105 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This 

highlighted the need for better evidence on how the directive is used 
in practice; for tools to support its implementation, such as guidance, 
training and ELD registers; and for financial security to be available in 
case events or incidents generate remediation costs. 

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Luxembourg  23 

for 
The  added  value  of  structured  mechanisms 
cooperation  between  competent  authorities  has  been 
recognised106.  Currently  Luxembourg  does  not  actively 
participate in the activities of the European networks of 
environmental professionals.  

For the period 2007 to 2013, Luxembourg did not report 
any 
instances  of  environmental  damage  handled 
according  to  the  Environmental  Liability  Directive.  The 
country  does  not  have  mandatory  financial  security  (to 
pay  for  remediation  when  an  operator  cannot)  and  it  is 
not  evident  that  insurance  is  either  sufficiently  available 
or taken out.  

Suggested action 

  Improve 

transparency  on 

the  organisation  and 
functioning  of  compliance  assurance  and  on  how 
significant risks are addressed. 

  Encourage 

greater  participation  of 

competent 

authorities in environmental compliance networks. 

  Step  up  efforts 

in  the 

implementation  of  the 
Environmental  Liability  Directive  (ELD)  with  proactive 
initiatives, in particular by setting up a national register 
of  ELD  incidents  and  drafting  national  guidance.  It 
should  moreover  take  further  steps  to  ensure  an 
effective system of financial security for environmental 
liabilities  (so  that  operators  not  only  have  insurance 
cover available to them but actually take it up). 

Public participation and access to justice 

The  Aarhus  Convention,  related  EU  legislation  on  public 
participation and environmental impact assessment, and 
the case-law of the Court of Justice require that citizens 
and  their  associations  should  be  able  to  participate  in 
decision-making  on  projects  and  plans  and  should  enjoy 
effective environmental access to justice. 

Citizens  can  more  effectively  protect  the  environment  if 
they can rely on the three "pillars" of the Convention on 
Access  to  Information,  Public  Participation  in  Decision-
making  and  Access  to  Justice  in  Environmental  Matters 
("the  Aarhus  Convention").  Public  participation  in  the 
administrative  decision  making  process  is  an  important 
element to ensure that the authority takes its decision on 
the  best  possible  basis.  The  Commission  intends  to 
examine compliance with mandatory public participation 
requirements more systematically at a later stage. 

Access  to  justice  in  environmental  matters  is  a  set  of 
guarantees  that  allows  citizens  and  their  associations  to 
challenge  acts  or  omissions  of  the  public  administration 

106 Memoranda of understanding between key enforcement authorities 

are used in Luxembourg. See for details 'Comparative Study of 
Pressures and Measures in the Major River Basin Management Plans, 
Task 1c Enforcement systems, p. 14-16.  

It 
before  a  court. 
implementation of EU environmental law. 

is  a 

tool 

for  decentralised 

For  each  Member  State,  two  crucial  elements  for 
effective  access  to  justice  have  been  systematically 
reviewed:  the  legal  standing  for  the  public,  including 
NGOs and the extent to which prohibitive costs represent 
a barrier. 

the  public, 

in  different  environmental 

including 
Luxemburg  generally  grants 
environmental  NGOs,  an  effective  access  to  justice  in 
environmental  matters.  However,  the  judicial  review 
system  in  the  environmental  area  is  based  on  rules 
legislation  and 
existing 
jurisprudence.  The  absence  of  a  clear  set  of  rules 
regarding the different actions that may be taken by the 
public 
transparency. 
Furthermore,  he  main  issue  in  the  Luxembourgish  legal 
system remains the potentially high legal representation 
fees,  which  may  prevent  the  public  from  bringing 
environmental  cases  to  the  courts.  A  provision  in  the 
environmental  legislation  that  the  legal  costs  related  to 
environmental  procedures  may  not  be  prohibitively 
expensive is missing107. 

certainty  and 

reduce 

legal 

Suggested action 

  Take the  necessary  measures  to  ensure  that  the  costs 
of legal challenges involving EU environmental law are 
not  prohibitively  expensive,  and 
line  with  the 
requirements  of  EU 
law  as  well  as  the  Aarhus 
Convention. 

in 

Access to information, knowledge and 
evidence 

The  Aarhus  Convention  and  related  EU  legislation  on 
access  to  information  and  the  sharing  of  spatial  data 
require that the public has access to clear information on 
the environment, including on how Union environmental 
law is being implemented.  

It is of crucial importance to public authorities, the public 
and business that environmental information is shared in 
an  efficient  and  effective  way.  This  covers  reporting  by 
active 
and 
businesses 
dissemination 
through 
to 
electronic means. 
The  Aarhus  Convention108,  the  Access  to  Environmental 
Information  Directive109  and  the  INSPIRE  Directive110 

and 
increasingly 

public 
the  public, 

authorities 

107 Jan Darpö, 2013. 'Study on access to justice in environmental 

matters' 

108 UNECE, 1998. Convention on Access to Information, Public 
Participation in Decision-Making and Access to Justice in 
Environmental Matters 

109 European Union, Directive 2003/4/EC on public access to 

environmental information  

110 European Union, INSPIRE Directive 2007/2/EC  

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Luxembourg  24 

environmental data required to be made available under 
the  existing  reporting  and  monitoring  regulations  of  EU 
environmental law. 

In  the  meantime,  the  actions  indicated  in  the  ”INSPIRE 
action  plan”,  which  has  been  sent  to  the  European 
Commission  together  with  the  2016  Monitoring  & 
Reporting  documents,  and  aiming  at  closing  the  gaps 
between  the  INSPIRE  roadmap  and  the  situation  in 
Luxembourg, have been started.  

  All  the  missing  INSPIRE  metadata  sets  have  been 

added.  

  A  5  year  programme  has  been  launched,  aiming  at 
fulfilling 
terms  of 
the  roadmap  deadlines 
availability  of  INSPIRE-compliant    datasets,  view 
services and download services. 

in 

In  2016  a  considerable  effort  will  be  made  to  make  all 
datasets available "as is". 

Suggested action 

  Identify and document all spatial data sets required for 
the  implementation  of  environmental  law,  and  make 
the  data  and  documentation  at  least  accessible  'as  is' 
to  other  public  authorities  and  the  public  through  the 
digital services foreseen in the INSPIRE Directive. 

instruments 

create  obligations 

together  create  a  legal  foundation  for  the  sharing  of 
environmental  information  between  public  authorities 
and with the public. They also represent the green part of 
the  ongoing  EU  e-Government  Action  Plan111.  The  first 
to  provide 
two 
information  to  the  public,  both  on  request  and  actively. 
The  INSPIRE  Directive  is  a  pioneering  instrument  for 
electronic  data-sharing  between  public  authorities  who 
can  vary  in  their  data-sharing  policies,  e.g.  on  whether 
access to data is for free. The INSPIRE Directive sets up a 
geoportal which indicates the level of shared spatial data 
in  each  Member  State  –  i.e.  data  related  to  specific 
locations,  such  as  air  quality  monitoring  data.  Amongst 
other  benefits 
it  facilitates  the  public  authorities' 
reporting obligations.  

For  each  Member 
accessibility  of 
State, 
environmental data (based on what the INSPIRE Directive 
envisages)  as  well  as  data-sharing  policies  ('open  data') 
have been systematically reviewed112.  

the 

Luxembourg's performance on the implementation of the 
INSPIRE  Directive  as  enabling  framework  to  actively 
disseminate environmental information to the public can 
be  improved.  Luxembourg  has  indicated  in  the  3-yearly 
INSPIRE  implementation  report113  that  the  necessary 
data-sharing  policies  allowing  access  and  use  of  spatial 
data  by  national  administrations,  other  Member  States' 
administrations  and  EU  institutions  without  procedural 
obstacles  are  available  and 
implemented.  Most  of 
Luxemburg’s  spatial  data  is  available  at  no  cost,  and 
generally there  exists  no  special  legislation  detailing  any 
limitations  or  general  conditions  for  their  delivery  and 
use. An exception is made for cadastral, topographic and 
aerial image data for which costs are charged. Although, 
Luxembourg  does  not  yet  have  an  official  license  model 
for the use and re-use of the data. the very recent open 
data  initiative,  linked  to  the  Public  Sector  Information 
directive,  has  contributed  to  a  general  opening  of  many 
datasets  and  promotion  of  Creative  Commons  licences 
for data and geo-data created by public authorities. 

reports114 

the 

and 

spatial 

Assessments  of  monitoring 
issued  by 
that 
Luxembourg 
Luxembourg  has  published  on  the  INSPIRE  geoportal115 
indicate  that  not  all  spatial  information  needed  for  the 
evaluation and implementation of EU environmental law 
has been made available or is accessible. The larger part 
information  consists  of  the 
of  this  missing  spatial 

information 

111 European Union, EU eGovernment Action Plan 2016-2020 - 

Accelerating the digital transformation of government COM(2016) 
179 final  

112 Upon request by the Commission, most Member States provided an 
INSPIRE Action Plan addressing implementation issues. These plans 
are currently being assessed by the Commission.  

113 European Commission, INSPIRE reports 
114 Inspire indicator trends  
115 Inspire Resources Summary Report  

Environmental Implementation Report – Luxembourg