COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review 2019 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 Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life
Date: 2019-04-04
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, Luxembourg, application of EU law, climate change policy, environmental law, environmental protection, governance, green economy, public health, quality of the environment

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 4.4.2019  SWD(2019) 126 final  COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review 2019     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 Environmental Implementation Review 2019:  A Europe that protects its citizens and enhances their quality of life   {COM(2019) 149 final} - {SWD(2019) 111 final} - {SWD(2019) 112 final} - {SWD(2019) 113 final} - {SWD(2019) 114 final} - {SWD(2019) 115 final} - {SWD(2019) 116 final} - {SWD(2019) 117 final} - {SWD(2019) 118 final} - {SWD(2019) 119 final} - {SWD(2019) 120 final} - {SWD(2019) 121 final} - {SWD(2019) 122 final} - {SWD(2019) 123 final} - {SWD(2019) 124 final} - {SWD(2019) 125 final} - {SWD(2019) 127 final} - {SWD(2019) 128 final} - {SWD(2019) 129 final} - {SWD(2019) 130 final} - {SWD(2019) 131 final} - {SWD(2019) 132 final} - {SWD(2019) 133 final} - {SWD(2019) 134 final} - {SWD(2019) 135 final} - {SWD(2019) 136 final} - {SWD(2019) 137 final} - {SWD(2019) 138 final} - {SWD(2019) 139 final}  
 
 
This  report  has  been  written  by  the  staff  of  the  Directorate-General  for  Environment,  European  Commission. 
Comments are welcome, please send them to ENV-EIR@ec.europa.eu 

More information on the European Union is available at http://europa.eu. 

Photographs: p. 8 — ©iStock/ahavelaar; p. 11 — ©iStock/Sabinoparente; p. 17 — ©iStock/PocholoCalapre; p. 23 
— ©iStock/SerrNovik 

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

©European Union, 2019 

Reproduction is authorised provided the source is acknowledged

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table of Contents 

EXECUTIVE SUMMARY ................................................................................................................................... 3 

PART I: THEMATIC AREAS .............................................................................................................................. 4 

1. 

TURNING  THE  EU  INTO  A  CIRCULAR,  RESOURCE-EFFICIENT,  GREEN  AND  COMPETITIVE  LOW-
CARBON ECONOMY .............................................................................................................................. 4 

Measures towards a circular economy ................................................................................................. 4 
Waste management .............................................................................................................................. 7 
Climate change ...................................................................................................................................... 8 

2. 

PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL .................................................. 11 

Nature and biodiversity ....................................................................................................................... 11 
Maintaining and restoring ecosystems and their services .................................................................. 12 
Estimating natural capital ................................................................................................................... 13 
Invasive alien species .......................................................................................................................... 13 
Soil protection ..................................................................................................................................... 14 

3. 

ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE ........................................................................ 16 

Air quality ............................................................................................................................................ 16 
Industrial emissions ............................................................................................................................. 17 
 ................................................................................................................................................. 18 
Noise 
Water quality and management ......................................................................................................... 19 
Chemicals ............................................................................................................................................ 21 
Making cities more sustainable ........................................................................................................... 22 

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ................................................................... 25 

4. 

GREEN  TAXATION,  GREEN  PUBLIC  PROCUREMENT,  ENVIRONMENTAL  FUNDING  AND 
INVESTMENTS ..................................................................................................................................... 25 

Green taxation and environmentally harmful subsidies ..................................................................... 25 
Green public procurement .................................................................................................................. 26 
Environmental funding and investments ............................................................................................ 26 

5. 

STRENGTHENING ENVIRONMENTAL GOVERNANCE ......................................................................... 30 

Information, public participation and access to justice ...................................................................... 30 
Compliance assurance ......................................................................................................................... 31 
Effectiveness of environmental administrations ................................................................................ 32 
International agreements ................................................................................................................... 33 
Sustainable development and the implementation of the UN SDGs .................................................. 34 

2 

 
 
 
Environmental Implementation Review 2019 — Luxembourg 

Executive summary 

Examples of good practice 

  Environmental aspects of rural development: almost 
28 % of agricultural land in Luxembourg is expected to 
come  under  management  contracts  that  support 
better water management. Nearly 11 % will be under 
contracts to improve soil management. Over 90 % will 
come  under  management  contracts  that  support 
biodiversity. 

for 
data 

forms 
the 

  Public  access  to  information:  the  website  guichet.lu 
provides  information  on  how  to  make  a  complaint 
individual 
and  offers  specific  online 
environmental  matters; 
platform 
data.public.lu  lists  data  sources  on  environmental 
matters  such  as  waste  management,  air  quality, 
energy  and  noise  pollution;  the  national  geoportal 
geoportail.lu 
on 
environmental topics, such as strategic noise maps. 
  Mobile  applications:  the  government  has  begun  to 
develop  mobile  apps  on  a  range  of  issues  to  boost 
public  access  to  information.  These  include  a  mobile 
version of the website guichet.lu and specific apps on 
waste management and air quality. 

illustrates 

datasets 

spatial 

  Facebook: the Environment Agency set up an official 
Facebook  page  in  September  2017.  This  provides 
information to between 150 and 11 000 followers and 
is updated 2-5 times a week. 

Luxembourg  and  the  Environmental  Implementation 
Review (EIR) 

In  the  2017  EIR,  the  main  challenges  identified  for 
Luxembourg  in  implementing  EU  environmental  policy 
and law were: 

 

 

to  improve  water  quality  further,  including 
reducing nitrates pollution; and 
to 
treatment. 

implement  urban  waste  water 

fully 

Luxembourg  held  a  national  dialogue  on  the  EIR 
in October 2017.  This  focused  on  air  and  water  quality, 
biodiversity  and  environmental  governance  issues.  A 
bilateral discussion between the Luxembourg authorities 
and  Commission 
in 
representatives 
Luxembourg  in  June 2018.  The  aim  was  to  provide  an 
update  on  implementation  issues  and  feed  into  the 
present EIR report. 

took  place 

In 2017, the Commission launched the TAIEX-EIR peer-to-
peer  (EIR  P2P)  tool  to  facilitate  peer-to-peer  learning 
among environmental authorities. Luxembourg has so far 
participated to one P2P event: attended a multi-country 
workshop  in  Budapest  on  ammonia  emissions  from 
agriculture. 

Progress on meeting challenges since the 2017 EIR 

The  2019  EIR  shows  that  there  has  been  some  progress 
on  water  pollution  caused  by  nitrates.  However,  nitrate 
concentrations  in  groundwater  and  the  trophic  state  of 
surface water remain problematic. Over the period 2012-
2015,  87.5 %  of  monitoring  stations  were  reported  as 
being eutrophic and hypertrophic. 

Luxembourg  has  complied  with  the  requirements  of  the 
Urban Waste Water Treatment Directive. 

Air  pollution  in  Luxembourg,  caused  in  part  by  traffic 
congestion,  remains  a  concern.  In  2017,  a  clean  air 
dialogue  with  the  European  Commission  took  place  in 
Luxembourg.  The  conclusion  was  that  the  top  priorities 
were  to:  (1)  implement  short-term  measures  to  reduce 
emissions from existing vehicles and (2) monitor the risk 
of  increased  particulate  matter  emissions  from  greater 
use of biomass to reduce greenhouse gas emissions. 

On  nature  protection,  considerable  progress  has  been 
made  in  adopting conservation  measures  and producing 
management plans for all sites since 2015. As a result, by 
June 2018 all but one Natura 2000 sites were covered by 
a management plan. However, habitat fragmentation and 
biodiversity loss still require close attention. 

3 

 
 
 
Environmental Implementation Review 2019 — Luxembourg 

Part I: Thematic areas 

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

competitive low-carbon economy 

Measures towards a circular economy 

The  Circular  Economy  Action  Plan  emphasises  the  need 
to  move  towards  a  life-cycle-driven  ‘circular’  economy, 
reusing  resources  as  much  as  possible  and  bringing 
residual  waste  close  to  zero.  This  can  be  facilitated  by 
developing  and  providing  access  to  innovative  financial 
instruments and funding for eco-innovation. 

Following  the  adoption  of  the  Circular  Economy  Action 
Plan in 2015 and the setting up of a related stakeholder 
platform  in  2017,  the  European  Commission  adopted  a 
new  package  of  deliverables  in  January  20181.  This 
included  additional  initiatives  such  as:  (i)  an  EU  strategy 
for plastics; (ii) a Communication on how to address the 
interplay  between  chemical,  product  and  waste 
legislation; (iii) a report on critical raw materials; and (iv) 
a  framework  to  monitor  progress  towards  a  circular 
economy2. 

The  Ministry  of 
the  Ministry  of 
the  Economy, 
Environment,  Sustainable  Development  and  Cimate  and 
the  Luxembourg  Eco-Innovation  Cluster  hosted  by 
LuxInnovation  work  closely  together  to  promote  the 
circular  economy.  There  is  also  cooperation  on  the 
circular economy with the Benelux Union3. 

In  the  2017  Special  Eurobarometer  468  on  attitudes  of 
EU  citizens  towards  the  environment,  89 %  of  people  in 
Luxembourg said they were concerned about the effects 
of  plastic  products  on  the  environment  (EU-28  average 
87 %). 93 % said they were worried about the impact of 
(EU-28  average  90 %)4.  Moreover,  93 % 
chemicals 
support  greater  EU 
in  environmental 
protection,  against  the  EU-28  average  of  85 %.  There 
appears  to  be  very  strong  support  for  circular  economy 
and environmental protection initiatives in Luxembourg. 

investment 

The  10  indicators  in  the  circular  economy  monitoring 
framework  show  that  the  rate  of  circular  or  secondary 
use of material in Luxembourg was 6.5 % in 2016. This is 
below the EU-28 average of 11.7 %. This figure has fallen 

since 2014 when recycled material accounted for 24 % of 
the total material used5. 

Luxembourg  performs  well  above  the  EU  average  on 
resource  productivity,  i.e.  how  efficiently  the  economy 
uses  material  resources  to  produce  wealth6.  A  rate  of 
3.27  EUR/kg  was  recorded  in  2017,  against  the  EU 
average  of  2.04 EUR/kg.  Figure  1  shows  that,  although 
Luxembourg’s 
increased 
significantly  between  2010  and  2014, 
it  has  been 
decreasing since 2014. 
Figure 1: Resource productivity 2010-20177 

productivity 

resource 

The  circular  economy  is  one  of  the  cross-cutting  focal 
points8 that should be taken up by each of the six sectors 
targeted  by  the  ‘Third  Industrial  Revolution’  strategy. 
These  sectors  are:  mobility,  food,  building,  energy, 
industry  and  finance.  In  June  2018,  the  Committee  for 
the  different 
the 
competent ministries, concluded that significant progress 
had been achieved on: 

regrouping 

follow-up, 

strategic 

 

implementing a flagship project highlighting the 
socioeconomic  aspects  of  smart,  sustainable, 
circular  and  zero-energy  districts  (e.g.  Wiltz, 
Dudelange,  Luxembourg’s  pavilion  at  the World 
Expo 2020); 

1 European Commission, 2018 Circular Economy Package. 
2 COM(2018) 029. 
3 BENELUX, Roundtable, 14.12.2015. 
4 European Commission, 2017, Special 486 Eurobarometer, ‘Attitudes of 
European citizens towards the environment’. 

5Eurostat, Circular Economy Indicators. 
6 Resource productivity is defined as the ratio between gross domestic 
product (GDP) and domestic material consumption (DMC). 
7 Eurostat, Resource productivity. 
8 The Ministry of the Economy,‘Third Industrial Revolution’ strategy. 

4 

 
                                                                 
 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

 

 

 

launching  a 
promoting  electromobility  and 
programme for zero-emission personal vehicles; 
promoting  the  circular  economy 
in  public 
procurement; 
developing  a  roadmap  for  sustainable  food 
production9. 

The  circular  economy 
in 
stakeholder clusters, initiatives and the public authorities 
in Luxembourg. For example:  

is  gaining  momentum 

 

The  LIST  (Luxembourg 
institute  of  science  and 
technology)  is  developing,  with  the  Environmental 
the 
protection  agency,  a  guide 
demolition  of  existing  buildings  and  to  reduce  the 
quantity of demolition waste. 

improve 

to 

 

  Circular  economy 

is 

in  the 

integrated 

initiative 
“Climate  Pact”,  in  order  to  address  climate  change 
mitigation and the transition to circular economy at 
the level of municipalities.  
In  2018  LuxInnovation’s  eco-innovation  cluster 
focused  on  the  circular  economy  and  plastics.  In 
particular,  the  organisers  indicated  that  the  2018 
European  strategy  for  plastics  had  been  a  crucial 
factor  in  the  cluster’s  decision  to  work  on  plastic 
waste. 

Different activities have been launched in recent years by 
the  Superdreckskëscht10,  a  public  private  partnership 
aiming  at  avoiding,  reducing,  recycling  and  disposing  of 
waste in an environmentally correct way. Luxembourg is 
involved  highlighting  of  examples  of  excellence  in  the 
circular  economy.  On  20-22 June 2017,  it  presented  the 
progress achieved over the previous 2 years via the 2017 
Luxembourg Circular Economy Hotspot. The presentation 
was  attended  by  high-level  government  officials  and 
industry leaders. 

By September 2018, Luxembourg had nine products and 
2 licences registered in the EU Ecolabel scheme, out of a 
total  of  71  707  products  and  2167  licences  in  the  EU. 
low11.  Four 
Take-up  of  these 
organisations  had  registered  with  EMAS,  the  European 
Commission’s  eco-management  and  audit  scheme  that 
encourages  organisations 
in  a  more 
environmentally sustainable way 12. 

is  therefore 

to  behave 

licences 

SMEs and resource efficiency 

SMEs in Luxembourg continue to score well above the EU 
average  on  the  environmental  aspect  of  the  Small 
Business  Act,  as  shown  in  Figure  2.  The  proportion  of 

SMEs in Luxembourg offering green products or services 
is slightly higher than in the EU. 

The  ‘Fit  4  Circularity’  programme 
launched  by  the 
Ministry  of  the  Economy  together  with  LuxInnovation  is 
part of the broader ‘Third Industrial Revolution’ strategy. 
‘Fit  4  Circularity’  helps  SMEs'  transition  to  the  circular 
economy. It aims to ensure sustainable and smart growth 
for  SMEs  by:  (i)  helping  them  identify  and  assess  their 
growth potential and (ii) integrating the circular economy 
into their general innovation activities. 

Furthermore,  “Superdreckskëscht  fir  Betriber” 
is  an 
important  vector  to  help  companies  become  more 
resource efficient. Currently 5000 companies have joined 
this partnership. 
Figure 2: Environmental performance of SMEs13  

The  latest  Eurobarometer  on  ‘SMEs,  resource  efficiency 
and  green  markets’14  asked  companies  about  recent 
resource-efficiency action they had taken and additional 
resource-efficiency  action  they  planned  to  take  in  the 
next  2  years.  The  Eurobarometer  then  compared  these 
responses  with  those  given  to  the  same  questions  in 
2015.  Recent  investments  have  been  below  the  EU 
average, for example in more traditional areas like water 

9 The Luxembourg Government, Mise en œuvre de la stratégie Rifkin 
10 Ministry for Sustainable Development and Infrastructure, The 
SuperDrecksKëscht. 
11 European Commission, Ecolabel Facts and Figures. 
12 As of May 2018. European Commission, Eco-Management and Audit 
Scheme. 

13 European Commission, 2018 SBA fact sheet - Luxembourg, p.12:  
14 Flash Eurobarometer 456 ‘SME, resource efficiency and green 
markets’ January 2018. The 8 dimensions were Save energy; Minimise 
waste; Save materials; Save Water; Recycle by reusing material 
internally; Design products easier to maintain, repair or reuse; Use 
renewable energy; Sell scrap materials to another company. 

5 

                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

saving.  Ambitions  for  the  next  2  years  have  not  risen 
significantly.  34 %  said  they  did  not  intend  to  make  any 
investment in resource efficiency (EU average: 19 %). Of 
those surveyed, far fewer aimed to use renewable energy 
than  in  neighbouring  countries.  This  is  despite  the 
potential  that  service-sector-led  economies  such  as 
Luxembourg have for using renewable energy. 

Only 19 % of companies in Luxembourg relied on external 
support  when  trying  to  become  more  resource-efficient 
(EU  average:  22 %).  The  low  number  of  respondents 
makes  it  difficult  to  give  a  clear  indication  of  preferred 
cooperation  partners.  However,  a  pattern  indicates  that 
public sources are used much more than private ones for 
both funding (35 % against 4 %) and advice (59 % against 
15 %). 

The companies surveyed in the EU-28 regard grants and 
subsidies  as  the  greatest  form  of  help  in  becoming 
resource-efficient  (36 %).  20-23 %  of  the  companies 
surveyed  mention  technical  or  financial  consultancy, 
technology  demonstration  or  better  cooperation  among 
companies  as  useful  forms  of  assistance.  Conversely, 
20 % disagree that any of these would be of help. 

Only  27  %  of  companies  in  Luxembourg  mention  grants 
and  subsidies  as  being  useful.  Responses  on  the 
helpfulness  of  other  types  of  support  are  largely  in  line 
with  EU-28  responses.  Support 
is 
considered more useful, and databases with case studies 
less useful than in the EU-28. 

for  networking 

It  is  noteworthy  that  in  a  small,  highly  advanced  and 
internationally  connected  economy 
like  Luxembourg, 
public sector funding and advice on resource efficiency is 
considered  so  much  more  helpful  than  private  sector 
services  such  as  consultancy.  SMEs’  high  environmental 
performance  (Figure  2)  shows  that  the  system  works. 
Future  activities  could  include:  (i)  enhancing  access  to 
specialised  consultancy,  which  may  not  be  available  on 
the  local  market;  and  (ii)  involving  businesses  in  the 
transition to renewable energy or resources. 

Eco-innovation 

In  2018,  Luxembourg  ranked  sixth  on  the  European 
Innovation Scoreboard and was the 11th fastest growing 
innovator (a 6.6 % increase since 2010)15. 

As shown in Figure 3, the country ranked third together 
with  Germany 
the  European  Eco-Innovation 
Scoreboard  for  2017.  This  is  a  solid  result,  the  country 
having been third in 2015. 

in 

The  country’s  performance  between  2015  and  2017 
confirms  that  Luxembourg  has  become  a  top  player  in 
Europe  in  eco-innovation.  The  country  ranked  11th  in 
2011 and 7th in 2013 (see Figure 4). 

Figure 4: Luxembourg’s eco-innovation performance 

Drivers of eco-innovation in Luxembourg include:  

 

 

 

 

strong  political  support  for  and  commitment  to 
eco-innovation,  sustainable  development  and 
the circular economy;  
a  growing  awareness  among  businesses  of  the 
need to commit to a circular economy; 
a  strong  and  comprehensive  set  of  national 
environmental and innovation laws; and 
economic  diversification,  which  has  been  made 
a priority17. 

Figure 3: 2017 Eco-innovation index (EU=100)16 

15 European Commission, European innovation Scoreboard 2018. 

16 European Commission, Eco-innovation Observatory: Eco-Innovation 
scoreboard 2017. 
17 European Commission, Eco-Innovation Observatory, Country profile 
2016-2017: Luxembourg, p. 12. 

6 

 
                                                                 
 
 
                                                                                                        
Environmental Implementation Review 2019 — Luxembourg 

The  downside  is  that  the  market  and  the  necessary 
enabling  conditions  are  not  always  available 
for 
innovative  projects  due  to  a  lack  of  understanding  or 
commitment.  Other  barriers  include  the  small  national 
market  for  eco-innovations  and  pressure  on  resources 
due  to  the  need  to  balance  economic  growth  and 
environmental protection. 

Transport  and  construction  are  two  sectors  where  the 
government  is  particularly  driving  eco-innovation.  To 
boost  the  development  of  electric  mobility,  new  tax 
abatements  have  been  introduced  to  encourage  people 
to  use  electric  cars  and  bikes. 
and  companies 
Luxembourg  has  also  introduced  a  mandatory  passive 
house  standard  for  all  residential  buildings  to  boost 
sustainable, low-energy housing. 

The new public procurement law means that attention is 
now  paid  to  criteria  other  than  the  lowest  price.  It  also 
encourages innovative and green public procurement18. 

Waste management 

Turning waste into a resource is supported by: 
(i)  fully 
legislation,  which 
implementing  EU  waste 
includes  the  waste  hierarchy,  the  need  to  ensure 
separate  collection  of  waste,  the 
landfill  diversion 
targets, etc.; 
(ii) reducing waste generation and waste generation per 
capita in absolute terms; and  
(iii)  limiting  energy  recovery  to  non-recyclable  materials 
and  phasing  out  landfilling  of  recyclable  or  recoverable 
waste. 

This  section  focuses  on  management  of  municipal 
waste19  for  which  EU  law  sets  mandatory  recycling 
targets20. 

Although municipal waste generation in Luxembourg fell 
between  2014  and  2017  to  607 kg/y/inhabitant21,  it 
remains  considerably  above  the  EU  average  of  487 kg22. 
Even  if  the  proportion  of  waste  generated  by  daily 
commuters  to  Luxembourg  is  deducted,  the  resulting 
figure  is  still  above  the  EU  average.  Figure  5  depicts 

18 European Commission, Eco-Innovation Observatory, Country profile 
2016-2017: Luxembourg, p. 23. 
19 Municipal waste consists of mixed waste and separately collected 
waste from households and from other sources, where such waste is 
similar in nature and composition to waste from households. This is 
without prejudice to the allocation of responsibilities for waste 
management between public and private sectors. 
20 See Article 11.2 of Directive 2008/98/EC. This Directive was amended 
in 2018 by Directive (EU) 2018/851, and more ambitious recycling 
targets were introduced for the period up to 2035. 
21 Transboundary commuters coming to work in Luxembourg (estimated 
170 000 people every day) contribute significantly to this high figure. 
22 Eurostat, Municipal waste generation and treatment, by type of 
treatment method. 

municipal  waste  by  treatment  in  Luxembourg  in  kg  per 
capita. 

Figure 5: Municipal waste by treatment in Luxembourg 
2010-201723 

Incineration  accounts  for  45 %  and  is  significantly  above 
the  EU  average  (28 %).  The  amount  of  waste  landfilled 
decreased since 2014 from 14 % to 6.9 % and is now far 
below  the  EU  average  (24 %).  The  recycling  rate  in 
Luxembourg  has  stagnated  over  the  past  decade.  Figure 
6  shows  that  48  %  of  municipal  waste  was  recycled 
(including  composting)  in  2017,  slightly  above  the  EU 
average  of  46%.  Luxembourg  is  close  to  complying  with 
the  2020  municipal  waste  recycling  target  of  50 %. 
However,  more  effort  will  be  needed  to  comply  with 
recycling  targets  for  the  post-2020  period24.  This  will  in 
particular  require  measures  to  reduce  the  incineration 
and landfilling of municipal waste. 

A new national waste management plan was adopted in 
June  201825.  In  addition  to  waste  management,  it  also 
promotes the transition to a circular economy and views 
waste  as  a  resource.  It  applies  the  ‘polluter  pays’ 
principle  and  sets  objectives  on  reuse,  recycling  and 
preventing  waste,  including  packaging  waste  and  food 
waste. 

Municipalities in Luxembourg have an obligation to base 
the  variable  part  of  waste  collection  fees  on  the 
quantities  of  mixed  waste  generated.  However,  the 
incentives  to  divert 
municipalities  will  need  more 

23 Eurostat, Municipal waste by waste operations. 
24 Directive (EU) 2018/851, Directive (EU) 2018/852, Directive (EU) 
2018/850 and Directive (EU) 2018/849 amend the previous waste 
legislation and set more ambitious recycling targets for the period up to 
2035. These targets will be taken into consideration to assess progress 
in future Environmental Implementation Reports. 
25 Luxembourg, Plan national de gestion des déchets. 

7 

                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

recyclable  waste  away  from  landfill  and  incineration 
towards recycling. 
Figure 6: Recycling rate of municipal waste 2010-201726 

of 

collection 

is  also  making  efforts  to 
recyclables, 

improve  the 
Luxembourg 
separate 
specifically 
biodegradable waste and packaging. It is also working to 
ensure  that  the  various  schemes  rolled  out  across  the 
country  are  coherent.  Some  measures  to  prevent 
packaging waste have also been introduced, linked to the 
development  of  a  circular  economy  in  Luxembourg. 
Examples  of  these  include  the  ‘ecobag’  (eco-sac)27  and 
the ‘ecobox’28. 

2019 priority actions 

 

 

to 

implement 

including 
further 

recycling  more  economically 

economic 
Introduce  new  policies, 
instruments, 
the  waste 
hierarchy,  i.e.  promote  prevention,  and  make  reuse 
and 
attractive; 
implement the policies which are already in place. 
Shift  reusable  and  recyclable  waste  away  from 
incineration  by  gradually  phasing  out  subsidies  to 
incineration  or  by  introducing  an  incineration  tax. 
Channel  those  revenues  towards  measures  to 
improve  waste  management  in  line  with  the  waste 
hierarchy. 

26 Eurostat, Recycling rate of municipal waste. 
27 The Luxembourg Government, Prevention of waste  ecobag. 
28 The Luxembourg Government, ecobox. 

8 

Climate change 

The EU has committed to undertaking ambitious climate 
action internationally as well as in the EU, having ratified 
the Paris Climate Agreement on 5 October 2016. The EU 
targets are to reduce greenhouse gas (GHG) emissions by 
20 % by 2020 and by at least 40 % by 2030, compared to 
1990.  As  a  long-term  target,  the  EU  aims  to  reduce  its 
emissions  by  80-95 %  by  2050,  as  part  of  the  efforts 
required by developed countries as a group. Adapting to 
the adverse effects of climate change is vital to alleviate 
its  already  visible  effects  and  improve  preparedness  for 
and resilience to future impacts. 

For  emissions  not  covered  by  the  EU  emissions  trading 
system  (ETS),  Member  States  have  binding  national 
targets  under the  Effort  Sharing  legislation.  Luxembourg 
had lower emissions than its annual emission allocations 
(AEAs)  in  each  of  the  years  2013-2016.  According  to 
preliminary  data,  emissions  in  2017  were  slightly  lower 
than  the  AEA.    For  2020,  Luxembourg's  national  target 
under  the  EU  Effort  Sharing  Decision  is  to  reduce 
emissions  by  20  %  compared  to  2005.  For  2030, 
Luxembourg's  national  target  under  the  Effort  Sharing 
Regulation will be to reduce emissions by 40 % compared 
to 2005.  

Transport  represents  almost  a  quarter  of  the  EU’s  GHG 
emissions and is the main cause of air pollution in cities. 
Transport  emissions  in  Luxembourg  decreased  by  14  % 
from 2013 to 2016, but with existing measures alone no 
further substantial decrease is expected towards 2030. 

The  Regulation  on  fluorinated  greenhouse  gases  (F-gas) 
requires Member States to run training and certification 
programmes,  introduce  rules  for  penalties  and  notify 
these measures to the Commission by 2017. Luxembourg 
has notified both measures.  

The  accounting  of  GHG  emissions  and  removals  from 
forests and agriculture is governed by the Kyoto Protocol. 
A  preliminary  accounting  exercise  for  2013-2016  shows 
net credits of, on average, -0.3 Mt CO2-eq per year, which 

 
                                                                 
 
Environmental Implementation Review 2019 — Luxembourg 

corresponds  to  0.2%  of  the  EU-28  accounted  sink  of  -
115.7 Mt CO2-eq. 

were  EUR  29  million.  Luxembourg  does  not  earmark 
auctioning revenues for specific uses.  

Figure  7:  Change  in  total  greenhouse  gas  emissions 
1990-2017 (1990=100%)29. 

Figure  8:  Targets  and  emissions  for  Luxembourg  under 
the  Effort  Sharing  Decision  and  Effort  Sharing 
Regulation30. 

The  EU  Strategy  on  adaptation  to  climate  change, 
adopted  in  2013,  aims  to  make  Europe  more  climate 
resilient,  by  promoting  action  by  Member  States,  better 
informed  decision  making,  and  promoting  adaptation  in 
key vulnerable sectors. By adopting a coherent approach 
and  providing  for  improved  coordination,  it  seeks  to 
enhance the preparedness and capacity of all governance 
levels to respond to the impacts of climate change.  

Luxembourg  adopted  a  National  Adaptation  Strategy  on 
Climate  Change 
in  October  2018.  Measures  for  a 
sustainable  forest  management,  the  preparation  of  a 
Flash Floods project aiming to establish a model to better 
predict floods, and the establishment of a plan for areas 
at  risk  of  heavy  rain  are  among  the  41  new  climate 
adaptation  measures  to  be  taken  in  13  sectors  most 
severely  hit  by  climate  change  consequences  (including 
regional  planning,  tourism,  energy,  drinking  water, 
agriculture,  viticulture,  biodiversity,  buildings  and 
infrastructure, 
health).  No  National 
Adaptation Plan has been adopted, nor has a Monitoring 
and Reporting Framework been developed. 

navigation, 

The  total  revenues  from  the  auctioning  of  emission 
allowances  under  the  EU  ETS  over  the  years  2013-2017 

The  Climate  Pact31  was  set  up  by  the  Ministry  of 
Sustainable  Development  and  Infrastructure  with  the 
assistance  of  'myenergy'  to  offer  a  possibility  to  the 
municipalities  wishing  to  take  an  active  role  in  the  fight 
against  climate  change.  In  the  framework  of  a  contract, 
each participating municipality undertakes to implement 
a quality management system for its energy and climate 
policy and an energy accounting system for its municipal 
infrastructure  and  facilities.  The  State,  for  its  part, 
guarantees  financial  support  and  technical  assistance  to 
the  municipality.  Since  June  2017,  all  Luxembourg 
municipalities  have  adopted  the  Climate  Pact.  The 
investments  made  since  the  beginning  of  the  pact 
currently represent 55.2 million euros: 31.5 million euros 
in  subsidies  obtained  under  the  pact  and  23.7  million 
euros in aid committed from the part of the Fund for the 
protection of the environment. Many projects have been 
initiated  across  the  country  by  the  Climate  Pact,  in  the 
field  of  territorial  development,  elaboration  of  energy 
and climate concepts at the municipal level; planning and 
construction of energy-efficient and sustainable buildings 
or 
renewable  energy  heating  networks;  mobility 
concepts,  projects  promoting  soft  mobility  and  public 
transport. 

29 Annual European Union greenhouse gas inventory 1990–2016 (EEA 
greenhouse gas data viewer).  Proxy GHG emission estimates for 
2017Approximated EU greenhouse gas inventory 2017 (European 
Environment Agency). Member States national projections, reviewed by 
the European Environment Agency. 

30 Proxy GHG emission estimates for 2017Approximated EU greenhouse 
gas inventory 2017 (European Environment Agency). Member States 
national projections, reviewed by the European Environment Agency. 
31 The Luxembourg Government, The Climate pact. 

9 

 
                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

Figure 9: Greenhouse gas emissions by sector (Mt. CO2-
eq.). Historical data 1990-2016. Projections 2017-203032. 

2019 priority action 

In this report, no priority actions have been included on 
climate action, as the Commission will first need to assess 
the  draft  national  energy  and  climate  plans  which  the 
Member  States  needed  to  send  by  end  of  2018.  These 
plans  should  increase  the  consistency  between  energy 
and climate policies and could therefore become a good 
example  of  how  to  link  sector-specific  policies  on  other 
interlinked  themes  such  as  agriculture-nature-water  and 
transport-air-health.  

32 Annual European Union greenhouse gas inventory 1990–2016 (EEA 
greenhouse gas data viewer).  Proxy GHG emission estimates for 
2017Approximated EU greenhouse gas inventory 2017 (European 
Environment Agency). Member States national projections, reviewed by 
the European Environment Agency. 

10 

 
 
 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

2. 

Protecting, conserving and enhancing natural capital 

Nature and biodiversity 

in  the  EU  by  2020. 

The  EU  biodiversity  strategy  aims  to  halt  the  loss  of 
biodiversity 
full 
implementation  of  the  Birds  and  Habitats  Directives  to 
achieve  favourable  conservation  status  of  protected 
species and habitats. It also requires that the agricultural 
and  forest  sectors  help  to  maintain  and 
improve 
biodiversity. 

It  requires 

Biodiversity strategy 

In  January 2017,  the  Luxembourg  government  adopted 
the  new  national  nature  protection plan  (PNPN2)33.  This 
ambitious plan involves: 

 
 
 
 
 

 
 

implementing species and habitat action plans, 
restoring ecosystems and their services, 
defragmenting landscapes, 
improving the follow-up of indicators, 
speeding up the creation of protected areas and 
their management, 
purchasing nature areas, 
strengthening 
stakeholders on nature conservation.  

communication  with 

all 

The  budget  earmarked  for  implementing  the  plan  is 
EUR 100 million. In June 2018, the Parliament adopted a 
new nature protection law (Loi concernant la protection 
de la nature et des ressources naturelles) to reform and 
strengthen existing legislation. 

Protection  Areas  designated  under  the  Birds  Directive 
covering  16.1 %  of  its  surface  area  (EU  average  12.3 %) 
and  48  Sites  of  Community  Importance  (SCI)  designated 
under  the  Habitats  Directive  covering  16.02 %  of  its 
surface  area  (EU  average  13.8 %).  Since  2014,  the  total 
area of protected land in Luxembourg, including national 
nature reserves, has doubled. 

Designating  Natura  2000  sites  and setting  conservation 
objectives and measures 

The latest assessment of the SCI part of the Natura 2000 
network  shows  that  the  network  is  complete34.  All  SCIs 
have  been  designated  as  Special  Areas  of  Conservation 
under Article 4(4) of the Habitats Directive. The adoption 
of  conservation  measures  and  the  establishment  of 
management  plans  for  all  sites  have  been  stepped  up 
considerably  since 2015.  The  result  is  that by  June 2018 
all  but  one  Natura  2000  sites  were  covered  by  a 
management  plan.  By  the  same  date,  one  plan  was  still 
being drawn up and nine plans were being brought into 
line  with  the  latest  standards.  The  aim  was  to  have  all 
sites subject  to  a  detailed  management  plan  by  the  end 
of  2018.  A  national  communication  campaign  was 
launched  in  2015  to  improve  public  awareness  and 
acceptance  of  Natura  2000.  Funding  for  conservation 
measures  was  set  out  in  an  updated  prioritised  action 
framework (PAF). 

According  to  the  PNPN2,  it  is  widely  recognised  that 
biodiversity has been declining for over 40 years. This is 
true  for  species,  habitats  and  ecosystems.  The  main 
factors  affecting  biodiversity  in  Luxembourg  are  (i)  the 
intensification  of  agricultural  practices;  (ii)  urban  and 
suburban development; and (iii) the increased density of 
transportation infrastructure. While the overall status of 
biodiversity  is  still  difficult  to  assess,  national  red  lists35, 
landscape  statistics  and  monitoring  of  selected  species 
often show negative trends. 

A  methodological  guide  for 
implementing  the  EU 
mapping  and  assessment  of  ecosystems  and  their 
services (MAES) initiative in Luxembourg was completed 
in  March  2014.  Based  on  this  guide,  13  ecosystem 

Setting up a coherent network of Natura 2000 sites 

27.03 % of the area of Luxembourg is covered by Natura 
2000  (EU  average  18.1 %).  The  country  has  18  Special 

33 Plan National concernant la Protection de la Nature (2017-2021). 

34 European Commission, Nature and Biodiversity Newsletter, January 
2015, p. 8. 
35 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. 

11 

 
 
 
                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

services36  were  prioritised  and  mapped  by  the  end  of 
2014.  Pilot  projects  aiming  at  raising  awareness  of  the 
value of ecosystem services and taking them into account 
in  planning  and  decision  making  at  municipal  and 
national scales were performed in 2016 and 2017. 

Progress 
restoring 
in  maintaining  or 
conservation status of species and habitats 

favourable 

The  2017  EIR  referred  to  the  latest  report  on  the 
conservation status of habitats and species; new data will 
be available for the next EIR. 

Overall, this report acknowledged that the status of some 
species  (e.g.  Castor  fiber,  Rhodeus  sericeus  amarus, 
Rhinolopus  ferrumequinum)  and  habitats  has  recently 
improved in Luxembourg. However, other species are still 
deteriorating  (e.g.  Alytes  obstreticans,  Triturus  cristatus, 
Myotis myotis). 

2019 priority actions 

 

 

Ensure  that  Natura  2000  management  plans  are 
being  effectively  implemented  with  administrative 
capacity and financing.  
Strengthen  the  integration  of  biodiversity  concerns 
into  other  policies  (in  particular  in  agriculture,  but 
also  in  fisheries,  urban  and  infrastructure  planning 
and 
promote 
communication  between  actors.  Where  relevant, 
take 
further  habitat 
avoid 
measures to restore connectivity. 

fragmentation  and 

sustainable 

tourism) 

and 

Maintaining  and  restoring  ecosystems  and 
their services 

The EU biodiversity strategy aims to maintain and restore 
ecosystems  and  their  services  by 
including  green 
infrastructure  in  spatial  planning  and  restoring  at  least 
15 %  of  degraded  ecosystems  by  2020.  The  EU  green 
infrastructure  strategy  promotes  the  incorporation  of 
green infrastructure into related plans and programmes. 

target 

the  PNPN2 

implementing  green 
involves 
Part  of 
infrastructure  and  restoring  ecosystems  and  their 
services.  Priority  measures 
sectors: 
agriculture, forestry, water management, urban planning 
and  land  use  planning.  The  first  part  of  the  PNPN2  is  a 
national biodiversity strategy which is in line with the EU 
biodiversity strategy. As such, it aims to implement green 
infrastructure and restore ecosystems and their services, 
particularly: 

five 

 
 
 

extensive grasslands 
heathland 
dry grasslands.  

idea 

is  to  significantly  reduce 

land  use  and 
The 
fragmentation.  This  will  be  achieved  by  (i)  integrating 
biodiversity  concepts  into  urban  and  regional  planning; 
and  (ii)  promoting  the  concept  of  green  infrastructure 
and  its  potential  to  deliver  multiple  services  to  urban 
areas  and  their  inhabitants.  Green  infrastructure  is 
described  at  different  scales  with  references  to  the 
various  building  blocks.  The  multiple  benefits  and  cost-
also 
effectiveness  of 
emphasised37. 

infrastructure 

green 

are 

Luxembourg  is  the  most  habitat-fragmented  country  in 
Europe.  As  such,  the  PNPN2  states  that  a  green 
infrastructure  network  should  be  created  to  connect 
Natura  2000  and  other  nature  areas  better  and  ensure 
ecosystem  services  are  provided.  Major  bottlenecks  to 
developing  the  ecological  network  should  be  resolved. 
These  include  creating  wildlife  corridors  across  major 
roads  and  ensuring  the  migration  of  aquatic  species  by 
restoring  watercourses  and  reducing  the 
impact  of 
human activity. 

The EU has provided guidance on the further deployment 
of  green  and  blue  infrastructure  in  Luxembourg38  and  a 
country page on the Biodiversity Information System for 
Europe  (BISE)39.  This  information  will  also  contribute  to 
the  final  evaluation  of  the  EU  Biodiversity  Strategy  to 
2020. 

Green  infrastructure  is  seen  as  an  important  climate 
adaptation measure. This is primarily because it helps to 
conserve  biodiversity  and  essential  ecological  and 
landscape  elements,  thereby  restoring  the  resilience  of 
ecosystems  and  conserving  climatic  refuges.  The  PNPN2 
further  mentions  that  green  infrastructure  should  be 
promoted  instead  of  grey  infrastructure  to  boost  flood 
protection, in particular by restoring wetlands. 

The  PNPN2  provides  for  an  interdepartmental  group  on 
biodiversity, public works and spatial planning to oversee 
the  large-scale  implementation  of  green  infrastructure. 
The  PNPN2  also  indicates  potential  sources  of  financing 
for green infrastructure measures, ranging from EU funds 
to  national  budgets.  The  plan sets  out  multifunctional 
zones  (e.g.  areas  with  varied  landscapes,  green  zones 
within urban areas) and priority zones that are part of the 
is  needed  on 
ecological  network. More 

information 

  wetlands 
 

valuable structured semi-open landscapes 

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

37 The Biodiversity Information System for Europe, Luxembourg. 
38 European Commission, The recommendations of the green 
infrastructure strategy review report and the EU Guidance on a 
strategic framework for further supporting the deployment of EU-level 
green and blue infrastructure. 
39 Biodiversity Information System for Europe. 

12 

                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

including  green  infrastructure  in  sector-specific  policies 
such as climate change adaptation. 

Invasive alien species 

Estimating natural capital 

The  EU  biodiversity  strategy  calls  on  Member  States  to 
map  and  assess  the  state  of  ecosystems  and  their 
services40 in their national territories by 2014, assess the 
economic  value  of  such  services  and  integrate  these 
values  into  accounting  and  reporting  systems  at  EU  and 
national level by 2020. 

Luxembourg has undertaken a project to map ecosystem 
services.  However,  the  uptake  of  MAES  in  national 
policies  remains  undocumented.  Based  on  a  guide 
published in 2014, 13 ecosystem services were prioritised 
for  mapping.  The  assessment  results  were  published  at 
the end of 201541. 

At  the  MAES  working  group  meeting  held  in  Brussels  in 
September  2018,  it  was  reported  that  Luxembourg  had 
information.  No  progress  on 
not  provided  updated 
implementing  MAES  has  therefore  been  recorded  since 
January  2016  (Figure  10).  This  assessment  was  made  by 
the  ESMERALDA  project42. 
is  based  on  27 
implementation questions and updated every 6 months. 

It 

Figure 10: Implementation of MAES (September 2018) 

Under  the  EU  biodiversity  strategy,  the  following  are  to 
be achieved by 2020:  
(i) invasive alien species identified;  
(ii) priority species controlled or eradicated; and  
(iii)  pathways  managed  to  prevent  new  invasive  species 
from disrupting European biodiversity.  
This  is  supported  by  the  Invasive  Alien  Species  (IAS) 
Regulation, which entered into force on 1 January 2015. 

The  report  on  the  baseline  distribution  (Figure  11),  for 
which  Luxembourg  reviewed  its  country  or  grid-level 
data, shows that of the 37 species on the first EU list, 7 
have been observed in the environment in Luxembourg. 
The  most  widespread  among  them  are  the  raccoon 
(Procyon  lotor)  and  the  signal  crayfish  (Pacifastacus 
leniusculus). 

Figure  11:  Number  of  IAS  of  EU  concern,  based  on 
available georeferenced information for Luxembourg44 

Business  and  biodiversity  platforms,  networks  and 
communities of practice are key tools for promoting and 
facilitating  natural  capital  assessments  (NCA)  among 
business  and  financial  service  providers.  An  example  is 
the  Natural  Capital  Coalition’s  natural  capital  protocol43. 
NCA  helps  private  business  to  better  understand  and 
value not only their impact but also their dependency on 
nature.  This  in  turn  contributes  to  the  EU  biodiversity 
strategy.  Platforms  have  been  set  up  at  EU  level  and  in 
some Member States. However, Luxembourg has not yet 
set up such a platform. 

40 Ecosystem services are benefits provided by nature such as food, 
clean water and pollination on which human society depends. 
41The Luxembourg Government, Mapping and assessing ecosystems and 
their services in Luxembourg, Final Synthesis Report, December 2015 
42 EU project Esmeralda. 
43 Natural Capital Coalition, Natural Capital Protocol. 

Between the entry into force of the EU list and May 2018, 
Luxembourg submitted two early detection notifications, 
as  required  under  the  IAS  Regulation.  These  both  relate 
to  coypu  (Myocastor  coypus).  While  the  species  was 
eradicated  upon  the  first  detection,  measures  still  need 
to be introduced for the second. 

responsible 

implementing 

the  Commission  of 
the 

its 
Luxembourg  has  notified 
authorities 
IAS 
for 
Regulation as required by Article 24(2) of the Regulation. 
The  national  act  containing  the  relevant  provisions  on 
penalties  applicable  to  infringements,  as  required  by 
Article 30(4)  of  the  IAS  Regulation,  was  published  on  2 
July 2018. 

44 Tsiamis K; Gervasini E; Deriu I; D`amico F; Nunes A; Addamo A; De 
Jesus Cardoso A. Baseline Distribution of Invasive Alien Species of Union 
concern. Ispra (Italy): Publications Office of the European Union; 2017, 
EUR 28596 EN, doi:10.2760/772692. 

13 

 
                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

Soil protection 

The  EU  soil  thematic  strategy  underlines  the  need  to 
ensure a sustainable use of soils. This entails preventing 
further  soil  degradation  and  preserving  its  functions,  as 
well as restoring degraded soils. The 2011 Roadmap to a  
Resource Efficient Europe states that by 2020, EU policies 
must  take  into  account  their  direct  and  indirect  impact 
on land use. 

Soil  is  an  extremely  fragile  finite  resource,  and  it  is 
increasingly  degrading  in  the  EU.  The  percentage  of 
artificial land45 in Luxembourg (Figure 12) can be seen as 
a  measure  of  (i)  the  relative  pressure  on  nature  and 
biodiversity;  and  (ii)  the  environmental  pressure  on 
people  living  in  urbanised  areas.  A  similar  measure  is 
population density. When the proportion of both is high, 
the challenges of protecting natural capital and ensuring 
people’s well-being are likely to be considerable. Properly 
implementing  the  relevant  EU  policy  and  law  becomes 
even more of a priority. 

forest  fires  and  construction  work.  High  levels  of  soil 
erosion  can  reduce  productivity  in  agriculture  and  can 
have negative and transboundary impacts on biodiversity 
and  ecosystem services. They can also negatively affect 
rivers  and  lakes,  for  example  by  increasing  sediment  or 
transporting  contaminants.  According  to  the  RUSLE2015 
model48,  Luxembourg  has  an  average  soil  loss  rate  by 
water  of  2.07  tonnes  per  hectare  per  year  (t ha−a yr−y) 
against  the  European  average  of  2.46  t ha−a yr−y.  This 
indicates  that  soil  erosion  is  medium  on  average.  It  is 
important to note that these figures are the output of a 
model  run  at  EU  level  and  therefore  should  not  be 
considered as values measured in situ. The actual soil loss 
rate  can  vary  significantly  within  the  Member  State 
depending on local conditions. 
Figure 12: Proportion of artificial land cover, 2015 49 

Luxembourg ranks above the EU average on artificial land 
coverage,  with  9.8 %  of  artificial  land  (EU-28  average: 
4.1 %).  The  population  density  is  225.1/km2,  which  is 
significantly  above  the  EU  average  of  118/km46.  Soil 
artificialisation  and 
to 
Luxembourgish  soil  functions.  The  present  objective  to 
limit  soil  artificialisation  to  1ha/day  is  going  to  be 
reviewed  in  the  frame  of  the  new  spatial  planning 
masterplan that is currently being elaborated. 

sealing  present  a 

threat 

Contamination  can  severely  reduce  soil  quality  and 
threaten  human  health  or  the  environment.  A  recent 
report  of  the  JRC47  estimated  that  potentially  polluting 
activities  have  taken  or  are  still  taking  place  on 
approximately  2.8  million  sites  in  the  EU.  At  EU  level, 
650 000 of these sites have been registered in national or 
regional  inventories.  65 500  contaminated  sites  already 
have  been  remediated.  Luxembourg  has  registered 
12 000  sites  where  potentially  polluting  activities  have 
taken or are taking place, and already has remediated or 
applied aftercare measures on 1 060 sites. 

Soil erosion by water is a natural process. It can also be 
aggravated  by  climate  change  and  human  activity,  such 
as  inappropriate  agricultural  practices,  deforestation, 

45 Artificial land cover is defined as the total of roofed built-up areas 
(including buildings and greenhouses), artificial non built-up areas 
(including sealed area features, such as yards, farmyards, cemeteries, 
car parking areas etc. and linear features, such as streets, roads, 
railways, runways, bridges) and other artificial areas (including bridges 
and viaducts, mobile homes, solar panels, power plants, electrical 
substations, pipelines, water sewage plants, and open dump sites). 
46 Eurostat, Population density by NUTS 3 region. 
47 Ana Paya Perez, Natalia Rodriguez Eugenio (2018), Status of local soil 
contamination in Europe: Revision of the indicator “Progress in the 
management Contaminated Sites in Europe”. 

Soil organic matter plays an important role in the carbon 
cycle and in climate change. Soils are the second largest 
carbon  sink  in  the  world  after  the  oceans.  A  loss  of  soil 
organic matter can increase the risk of erosion and lead 
to a decline in soil structure and quality. 

In order to protect soils and to enable conservation and 
rehabilitation  of  soil  functions,  the  Government  has 

48 Panagos, P., Borrelli, P., Poesen, J., Ballabio, C., Lugato, E., 
Meusburger, K., Montanarella, L., Alewell, C., The new assessment of 
soil loss by water erosion in Europe, (2015) Environmental Science and 
Policy, 54, pp. 438-447. 
49 Eurostat, Land covered by artificial surfaces by NUTS 2 regions. 

14 

                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

proposed a bill to the Parliament setting a framework for 
soil  protection  and  management  of  polluted  sites  in 
Luxembourg. As soon as adopted, the future soil bill will 
introduce  the  possibility  to  manage  historically  polluted 
sites  by  a  risk  based  land  management  approach.  This 
will  promote  the  recycling  of  brownfields  and  alleviate 
some of the pressure that the soils are exposed to due to 
growing  urbanisation  and  need  for  land  for  SMEs  and 
industry.  Furthermore,  the  future  soil  bill  will  set  the 
framework for assessment and monitoring of soil quality 
in  Luxembourg,  and  will  set  up  a  public  participatory 
process in a national soil protection plan. 

15 

 
 
 
 
 
 
 
Environmental Implementation Review 2019 — Luxembourg 

3. 

Ensuring citizens' health and quality of life 

Air quality 

EU clean air policy and legislation require the significant 
improvement  of  air  quality  in  the  EU,  moving  the  EU 
closer to the quality recommended by the World Health 
Organisation.  Air  pollution  and  its  impacts  on  human 
health,  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  EU  air  quality  legislation  and 
defining strategic targets and actions beyond 2020. 

The  EU  has  developed  a  comprehensive  body  of  air 
legislation50,  which  establishes  health-based 
quality 
standards and objectives for a number of air pollutants. 

The  emission  reductions  between  1990  and  2014 
mentioned  in  the  previous  EIR  continued  in  2014-2016. 
Emissions  of  sulphur  oxides  (SOx)  fell  by  35.06 %, 
emissions  of  nitrogen  oxides  (NOx)  fell  by  21.14 %  and 
emissions  of  particulate  matter  (PM2.5)  fell  by  5.59 %. 
Meanwhile,  emissions  of  volatile  organic  compounds 
increased by 8.57 % and emissions of ammonia (NH3) by 
3.17 %  (see  Figure  13  on  the  total  PM2.5  and  NOx 
emissions per sector). 

Despite  the  emission  reductions  recorded  since  1990, 
efforts  are  needed  to  meet  the  reduction  commitments 
in  the  new  National  Emissions  Ceilings  Directive51  for 
2020-2029 and beyond. 

At the same time, air quality in Luxembourg continues to 
give  a  cause  for  concern.  The  European  Environment 
Agency estimated that in 2015 more than 240 premature 
deaths were attributable to air pollution52. 
In 201753, nitrogen dioxide levels exceeding EU air quality 
standards  were  recorded  in  one  air  quality  zone.  Target 
levels of ozone concentrations were also exceeded. 

The  persistent  breaches  of  air  quality  requirements  for 
NO2  have  severe  negative  effects  on  health  and  the 
environment.  Responding 
the 
infringement 
European  Commission  has 
procedures  against  all  Member  States  concerned, 
including  Luxembourg.  The  aim  is  to  have  adequate 
measures put in place to bring all zones into compliance. 

these  breaches, 
initiated 

to 

50 European Commission, 2016. Air Quality Standards 
51 Directive 2016/2284/EU. 
52 EEA, Air Quality in Europe — 2018 Report, p. 64. Please see details in 
this report as regards the underpinning methodology). 
53 EEA, Central Data Repository. 

16 

Figure  13:  PM2.5  and  NOx  emissions  by  sector  in 
Luxembourg54 

Figure  14:  Air  quality  zones  exceeding  EU  air  quality 
standards in 201755 

According  to  a  special  report  by  the  European  Court  of 
Auditors56,  EU  action  to  protect  human  health  from  air 
pollution  has  not  had  the  expected  impact.  There  is 
notably  a  risk  that  air  pollution  is  being  underestimated 
in  some  instances  because  it  is  not  always monitored  in 
the  right places. Indeed, Member  States are required  to 
report both real-time and validated air quality data to the 
Commission57. 

54 2016 NECD data submitted by Member State to the EEA. 
55 EEA, EIONET Central Data Repository. Data reflects the reporting 
situation as of 26 November 2018. 
56 European Court of Auditors, Special report no 23/2018: Air pollution: 
Our health still insufficiently protected. 
57 Article 5 of Commission Implementing Decision 2011/850/EU of 
12 December 2011 laying down rules for Directives 2004/107/EC and 
2008/50/EC of the European Parliament and of the Council as regards 
the reciprocal exchange of information and reporting on ambient air 

 
 
                                                                 
 
 
 
                                                                 
 
Environmental Implementation Review 2019 — Luxembourg 

A clean air dialogue with Luxembourg 

The main conclusions of the clean air dialogue, held with 
the  European  Commission  in  Luxembourg  in  June 2017 
were that: (i) the expected growth in ammonia emissions 
from the agricultural sector will need close attention; (ii) 
there  is  a  need  for  short  term  measures  to  reduce 
emissions  from  existing  vehicles  and  a  focus  on  the 
implementation of long-term plans for sustainable urban 
mobility;  (iii)  attention  should  be  given  to  the  risk  of 
increased  particulate  matter  emissions  from  promoting 
biomass  to  reduce greenhouse  gas  emissions,  as  well  as  
renovation  and  building 
the  benefits  of  energy 
modernisation;  and  (iv)  efforts  should  continue  to  be 
made 
implementation  and 
enforcement  to  deliver  changes  on  the  ground  and 
maximise the potential of existing legislation.  

to  ensure  effective 

Industrial emissions 

The main objectives of EU policy on industrial emissions 
are to: 
(i) protect air, water and soil; 
(ii) prevent and manage waste; 
(iii) improve energy and resource efficiency; and  
(iv) clean up contaminated sites.  
To  achieve  this,  the  EU  takes  an  integrated  approach  to 
the  prevention  and  control  of  routine  and  accidental 
industrial emissions. The cornerstone of the policy is the 
Industrial Emissions Directive58 (IED). 

The  below  overview  of  industrial  activities  regulated  by 
the  IED  is  based  on  the  ‘industrial  emissions  policy 
country profiles’ project59. 

In  Luxembourg,  around  90  industrial  installations  must 
have  a  permit  in  accordance  with  the  IED.  In  2015,  the 
industrial  sectors  in  Luxembourg  with  the  most  IED 
iron  and  steel  (31 %).  This  was 
installations  were 
followed by ‘other activities’ (mostly intensive rearing of 
poultry  or  pigs,  at  28%)  and  non-hazardous  waste 
management (15 %). 

Figure  15:  Number  of  IED  industrial  installations  per 
sector (2015)60 

2019 priority actions 

 

In  the  context  of  developing  an  adequate  National 
Air  Pollution  Control  Programme  (NAPCP),  take 
actions towards reducing the main emission sources; 
and meet all air quality standards. 

  Reduce  NMVOCs  emissions  (where  applicable,  to 
comply  with  currently  applicable  national  emission 
ceilings) 

  Accelerate  reductions 

in  nitrogen  oxide 

(NOx) 
emissions and nitrogen dioxide (NO2) concentrations 
by further reducing transport emissions, in particular 
in urban areas. It may also require proportionate and 
targeted restrictions on vehicle access to urban areas 
and/or fiscal incentives. 

  Upgrade  and  improve  the  air  quality  monitoring 
network,  and  ensure  timely  reporting  of  air  quality 
data. 

quality (OJ L 335, 17.12.2011, p. 86) requires Member States to provide 
Up-To-Date data. 

17 

 The industrial sectors contributing the largest proportion 
of air emissions are shown in Figure 16. 

58 Directive 2010/75/EU covers industrial activities carried out above 
certain thresholds. It covers energy industry, metal production, mineral 
and chemical industry and waste management, as well as a wide range 
of industrial and agricultural sectors (e.g. intensive rearing of pig and 
poultry, pulp and paper production, painting and cleaning). 
59 European Commission, Industrial emissions policy country profile – 
Luxembourg. 
60 European Commission, Industrial emissions policy country profile – 
Luxembourg. 

 
 
                                                                                                        
 
 
 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

Figure 16: Emissions to air from IED sectors and all other 
national total air emissions (2015) 

The EU approach to enforcement under the IED gives the 
public  strong  rights  to  access  relevant  information  and 
participate  in  the  permitting  process.  This  empowers 
members of the public and NGOs to ensure that permits 
are  appropriately  granted  and  their  conditions  are 
fulfilled. 

(BREFs)  and  BAT  conclusions, 
involving  Member 

Developing  best  available  techniques  (BAT)  reference 
through 
documents 
information  exchange 
States, 
industrial  associations,  NGOs  and  the  Commission, 
ensures  good  collaboration  with  stakeholders  and 
improves the implementation of the IED. 

The  Commission  relies  on  the  efforts  of  national 
competent  authorities  to  implement  the  legally  binding 
BAT  conclusions  and  associated  BAT  emission  levels  in 
in  considerable 
environmental  permits.  This  results 
ongoing pollution reduction. 

For  example,  by  applying  the  recently  adopted  BAT 
associated  emission  levels  for  large  combustion  plants, 
emissions  of  sulphur  dioxide  will  be  cut  on  average  by 
between 25 % and 81 %, nitrogen oxide by between 8 % 
and  56 %,  dust  by  between  31 %  and  78 %  and  mercury 
by between 19 % and 71 % at EU level. The extent of the 
reduction depends on the situation in individual plants. 

The challenges identified for Luxembourg are to address 
air pollutant emissions from iron and steel plants. 

2019 priority actions 

  Review  permits  to  comply  with  newly  adopted  BAT 

 

conclusions; 
Strengthen  checks  and  enforcement  to  ensure 
compliance with BAT conclusions; 

  Address  air  pollutant  emissions  from  iron  and  steel 

plants. 

Noise 
The  Environmental  Noise  Directive61  provides  for  a 
common  approach  to  avoiding,  preventing  and  reducing 
the harmful effects of exposure to environmental noise. 

Excessive noise from aircraft, railways and roads is one of 
the  main  causes  of  environmental  health-related  issues 
in the EU62. 
Based  on a  limited  set of  data63,  environmental  noise  in 
Luxembourg  is  estimated  to  cause  at  least  around  20 
premature deaths and 100 hospital admissions per year. 
Some 40 000 people also report having trouble sleeping. 
The  noise  mapping  for  the  previous  reporting  round, 
reference year 2011, is complete. The action plans should 
include the measures to keep noise low or reduce it.  

Figure 
exposed 
Luxembourg, by noise source (2016). 

Estimated 

17: 

population 

in 

National  plans,  based  on  the  strategic  noise  maps  2011 
(2nd  round),  triggering  actions  against  aircraft,  road,  and 
railway  traffic  noise  are  also  complete  in  Luxembourg64. 

61 Directive 2002/49/EC. 
62 WHO/JRC, 2011, Burden of disease from environmental noise, 
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), 
World Health Organisation, Regional Office for Europe, Copenhagen, 
Denmark. 
63 N.B. the figures cited here are from a 2017 unpublished fact sheet for 
Luxembourg from the European Environment Agency. 
64 Administration de l’environnement, Plans d’action de lutte contre le 
bruit. 

18 

 
 
 
                                                                 
 
 
Environmental Implementation Review 2019 — Luxembourg 

These  instruments  were  adopted  after  the  consultation 
of  a  relevant  public  and  they  include  the  measures  to 
prevent  new  noise  problems  or 
improve  existing 
problems  on  a  priority  basis.  Strategic  noise  maps, 
representative  for  the  reference  year  2016  (3rd  round), 
have been finalised, reported to the Commission and can 
be  consulted  by  the  general  public  at  the  national 
geoportal  website  geoportail.lu  as  well  as  downloaded 
from  the  open  data  portal  data.public.lu.  As  updated 
noise  maps  are  available,  the  action  plans  are  currently 
revised for the 3rd round. 

For  the  reference  year  2016,  the  exposed  population  in 
Luxembourg is attributable to the different noise sources 
as  illustrated  in  Fig.1x.  Main  challenges  in  Luxembourg 
relate  to  growing  road  traffic  and  the  proximity  of  the 
major  airport  to  the  “agglomération  de  la  Ville  de 
Luxembourg  et  environs”  65.  Railway  traffic  has  been 
marked by a low point in freight traffic in 2016, which is 
reflected in the resulting noise map. 

Water quality and management 

EU  legislation  and  policy  requires  that  the  impact  of 
pressures  on  transitional,  coastal  and  fresh  waters 
(including  surface  and  ground  waters)  be  significantly 
reduced.  Achieving,  maintaining  or  enhancing  a  good 
status  of  water  bodies  as  defined  by  the  Water 
Framework Directive will ensure that EU citizens benefit 
from good quality and safe drinking and bathing water. It 
will  further  ensure  that  the  nutrient  cycle  (nitrogen  and 
phosphorus)  is  managed  in  a  more  sustainable  and 
resource-efficient way. 

The  existing  EU  water  legislation66  puts  in  place  a 
protective  framework  to  ensure  high  standards  for  all 
water  bodies  in  the  EU  and  addresses  specific  pollution 
sources  (for  example,  from  agriculture,  urban  areas  and 
industrial  activities).  It  also  requires  that  the  projected 
into  the 
impacts  of  climate  change  are 
corresponding  planning 
risk 
management  plans  and  river  basin  management  plans, 
including  programme  of  measures  which  include  the 
actions  that  Member  States  plan  to  take  in  order  to 
achieve the environmental objectives. 

instruments  e.g. flood 

integrated 

65 The urban area around Luxembourg City, including the territories of 
the municipalities of Bertrange, Hespérange, Luxembourg, Strassen, 
Steinsel and Walferdange, is the only designated agglomeration of 
more than 100’000 inhabitants. 
66 This includes the Bathing Waters Directive (2006/7/EC), the Urban 
Waste Water Treatment Directive (91/271/EEC) (on discharges of 
municipal and some industrial wastewaters), the Drinking Water 
Directive (98/83/EC) (on potable water quality), the Water Framework 
Directive (2000/60/EC) (on water resources management), the Nitrates 
Directive (91/676/EEC) and the Floods Directive (2007/60/EC). 

19 

Water Framework Directive 

Framework  Directive  and 

Luxembourg  has  adopted  and  reported  the  second 
generation  of  River  Basin  Management  Plans  under  the 
the  European 
Water 
Commission  has  assessed 
the 
development  since  the  adoption  of  the  first  River  Basin 
Management  Plans,  including  suggested  actions  in  the 
EIR report 2017. 

status  and 

the 

The  most  significant  pressures  on  rivers  in  Luxembourg 
are  atmospheric  deposition  (100%  of  surface  water 
bodies),  physical  alteration  of  channel/bed/riparian 
area/shore (99%) and anthropogenic pressure (99%) . For 
groundwater  bodies,  the  most  significant  pressure  was 
diffuse  pollution  from  agricultural  (83%),  followed  by  
contaminated sites/abandoned industrial sites (50%). 

The most significant impact on surface water bodies was 
organic  and  chemical  pollution  (100%)  and  altered 
habitats  due  to  morphological  changes  (100%)  followed 
by  nutrient  pollution  (90%).  For  groundwater,  the  most 
impacts  were  also  organic  and  nutrient 
significant 
pollution (100%), followed by chemical pollution (83%). 

There  appears  to  be  a  large  increase  in  the  number  of 
operational sites in the Rhine River Basin District and the 
overall assessment is based on more complete data sets, 
i.e.  more  complete  sets  of  quality  elements  and  results 
for a larger number of water bodies.  

The  proportion  of  river  water  bodies  in  good  ecological 
status/potential  decreased  from  7%  in  the  first  River 
Basin  Management  Plans  to  3% 
in  the  second  as 
illustrated in figure 18. This shows that Luxembourg has a 
in  order  to  achieve  the  good 
long  way  to  go 
status/potential  objectives  set  down 
in  the  Water 
Framework Directive. 

All  surface  water  bodies  are  failing  to  achieve  good 
chemical  status,  where  70%  were  in  good  chemical 
status  and 30%  failed  to  achieve  good status  in  the  first 
River  Basin  Management  Plans.  The  reason  for  the 
change  has  been  attributed  to  the  expansion  of  the 
monitoring  programme  leading  to  more  widespread 
failure  of  the  Environmental  Quality  Standard  for 
polycyclic  aromatic  hydrocarbons  (from  diffuse  sources, 
mainly atmospheric deposition) and the extrapolation of 
this result to all surface water bodies. 

All  groundwater  bodies  are  in  good  quantitative  status. 
The  number  of  monitoring  sites  decreased  and  there  is 
still  one  out  of  the  six  groundwater  bodies  without 
quantitative monitoring.  

Where  environmental  objectives  are  not  yet  achieved 
exemptions  can  be  applied 
in  case  the  respective 
conditions  are  met  and  the  required  justifications  are 
explained  in  the  River  Basin  Management  Plans.  The 
exemption regarding new projects, which potentially can 

 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

affect the status of water bodies, is not mentioned in the 
second River Basin Management Plans. However, it is not 
clear  whether  there  are  any  new  physical  modifications 
planned which requires justification. 

Figure 18: Ecological status or potential of surface water 
bodies in Luxembourg67 

from  a  national  portal 69  and  via 
Environment Agency’s interactive map viewer70.  
Figure 19: Bathing water quality 2014 – 201771 

the  European 

Urban Waste Water Treatment Directive  

Luxembourg  has  in  the  past  encountered  difficulties 
complying  with  the  Urban  Waste  Water  Treatment 
Directive.  For  this  reason,  the  Court  of  Justice  of  the 
European  Union  imposed  fines  on  Luxembourg  in  2014. 
The  estimated  investment  needed  to  ensure  adequate 
collection  and  treatment  of  the  remaining  urban 
agglomerations was EUR 136 million in 201772. However, 
compliance  with  the  Urban  Waste  Water  Treatment 
Directive  was  achieved  in  2018.  Specifically,  100 %  of 
waste  water  is  now  collected.  Of  this,  close  to  100 %  is 
subject  to  secondary  treatment  and  45.3 %  is  subject  to 
more stringent treatment. 

Nitrates Directive 

To 
implement  the  Nitrates  Directive,  Luxembourg 
decided  to  apply  mandatory  measures  across  its  whole 
territory.  Water  quality  data  show  a  stable  situation. 
There  are  still 
in 
groundwater  and  the  trophic  status  of  surface  waters. 
87.5 %  of  monitoring  stations  were  reported  as  being 
eutrophic and hypertrophic in 2012-2015. 

issues  with  nitrate  concentration 

Floods Directive 

The  Floods  Directive  established  a  framework  for  the 
assessment and management of flood risks, aiming at the 

69 The Luxembourg Government, bathing waters national portal  
70 EEA, State of bathing waters. 
71 European Environment Agency, 2018. European bathing water quality 
in 2017, p. 21. 
72 European Commission, Ninth Report on the Implementation Status 
and the Programmes for Implementation of the Urban Waste Water 
Treatment Directive (COM(2017) 749) and Commission Staff Working 
Document accompanying the report (SWD(2017)445). 

Significant  pressures  are  identified  in  the  River  Basin 
Management Plans and addressed by measures (Key type 
of measures) and progress seems to have been made in 
identifying significant pressures and linking some of these 
to  measures.  Some  measures  are  completed  since  the 
first  Programme  of  Measures  but  obstacles  such  as 
governance  and  finance  have  ocurred  in  relation  to  the  
implementation of the first Programme of Measures.   

Bathing Water Directive 

Figure  19  shows  that,  in  2017,  100%  of  the  12   bathing 
waters  in  Luxembourg  continued  to  be  of  excellent 
quality.  Luxembourg  has  shown  continued  excellent 
the  years68.  Detailed 
bathing  water  quality  over 
information  on  Luxembourg  bathing  waters  is  available 

67 EEA, WISE dashboard. 
68 European Environment Agency, 2017. European bathing water quality 
in 2016, p. 17. 

20 

 
                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

reduction  of  the  adverse  consequences  associated  with 
significant floods. 

Luxembourg has adopted and reported its first Flood Risk 
Management Plans under the Directive and the European 
Commission conducted an assessment. 

The  Commission’s  assessment  found  that  good  efforts 
were made with positive results in setting objectives and 
devising  measures  focusing  on  prevention,  protection 
and  preparedness.  The  assessment  also  showed  that,  as 
was  the  case  for  other  Member  States,  Luxembourg’s 
Flood Risk Management Plans do not yet include a clear 
link between the measures and the objectives and an as 
complete as possible estimation of the cost of measures 
with  identification  of  specific  sources  of  funding.  In 
addition, there is scope for clarifying the method for the 
prioritisation  of  measures,  including  the  assessment  of 
costs and benefits. 

2019 priority actions 

 

Ensure that projects, which potentially can affect the 
status of water bodies, are thoroughly assessed and 
justified  in  line  with  the  requirements  in  the  Water 
Framework Directive (Article 4(7)). 

  Continue  ensuring  correct  levels  of  collection  and 
treatment  of  urban  waste  water  by  investing  in 
maintenance and construction in good time. 
Take steps to clarify the method for the prioritisation 
of  measures,  including  the  assessment  of  costs  and 
benefits  in  relation  to  the  Flood  Risk  Management 
Plan. 

 

Chemicals 

The  EU  seeks  to  ensure  that  by  2020  chemicals  are 
produced and used in ways that minimise any significant 
adverse  effects  on  human  health  and  the  environment. 
An  EU  strategy  for  a  non-toxic  environment  that  is 
conducive  to  innovation  and  to  developing  sustainable 
substitutes,  including  non-chemical  options,  is  being 
prepared. 

legislation73  provides  baseline 
The  EU’s  chemicals 
protection for human health and the environment. It also 
ensures  stability  and  predictability 
for  businesses 
operating in the single market. 

In  2016,  the  European  Chemicals  Agency 
(ECHA) 
published  a  report  on  REACH  and  the  CLP  Regulation74 
that showed that enforcement activities are still evolving. 

Member  States  cooperate  closely  as  part  of  the  Forum 
for  Exchange  of  Information  on  Enforcement  75.  This 
dialogue  has  shown  that  there  is  scope  to  increase  the 
effectiveness  of  enforcement  activities,  particularly  for 
registration obligations and safety data sheets where the 
level of non-compliance is still relatively high. 

While progress has been made, there is room to further 
improve  and  harmonise  national  enforcement  activities 
across  the  EU,  including  checks  on  imported  goods. 
Enforcement  remains  weak  in  some  Member  States, 
particularly  for  checks  on  imports  and  supply  chain 
obligations.  The  enforcement  architecture  is  complex  in 
most  EU  countries  and  enforcement  projects  reveal 
differences in compliance between Member States. 

A  2015  Commission  study  already  emphasised  the 
importance  of  harmonised  market  surveillance  and 
enforcement  when  implementing  REACH  at  Member 
State  level,  deeming  it  to  be  a  critical  success  factor  in 
the operation of a harmonised single market

76

. 

In March 2018, the Commission published an evaluation 
of  REACH77.  The  evaluation  concludes  that  REACH 
delivers  on  its  objectives,  but  that  progress  made  is 
slower  than  anticipated.  In  addition,  the  registration 
dossiers often are incomplete. The evaluation underlines 
the need to enhance enforcement by all actors, including 
registrants,  downstream  users  and 
in  particular  for 
importers,  to  ensure  a  level  playing  field,  meet  the 
objectives  of  REACH  and  ensure  consistency  with  the 
actions envisaged to improve environmental compliance 
and  governance.  Consistent  reporting  of  Member  State 
enforcement  activities  was  considered  important  in that 
respect. 

Infrastructure.  The  national 

In Luxembourg, the competent authority for REACH, CLP 
and biocides is the Ministry of Sustainable Development 
legislation  for  the 
and 
REACH,  CLP  and  Biocides  Regulations  provides  for  inter-
administrative  cooperation  between  the  Environment 
Protection  Agency,  the  Labour  Inspection,  the  Health 
Directorate, the Water Management Administration and 
the Customs and Excise Administration. For the Biocides 
Regulation,  the  Veterinary  Services  Administration  and 
the control unit of the Ministry of Agriculture, Viticulture 
and  Consumer  Protection  are  also  responsible.  This 
legislation  provides  these  bodies  with  the 
national 
powers they need to perform their functions. It also sets 
out  the  offences  and  penalties  (both  administrative  and 

73 Principally for chemicals: REACH (OJ L 396, 30.12.2006, p. 1.); for 
Classification, Labelling and Packaging, the CLP Regulation (: OJ L 252, 
31.12.2006, p. 1.), together with legislation on biocidal products and 
plant protection products. 
74 European Chemicals Agency, Report on the Operation of REACH and 
CLP 2016. 

75 EHCA, on the basis of the projects REF-1, REF-2 and REF-3. 
76 European Commission. (2015). Monitoring the Impacts of REACH on 
Innovation, Competitiveness and SMEs. Brussels: European 
Commission. 
77 COM(2018) 116. 

21 

                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

criminal) 
Regulation requirements78. 

for  breaching  REACH,  CLP  and  Biocides 

cross-border  workers  (over  150 000  daily)  and  growing 
commuting distances continue to cause major traffic. 

The  Environment  Protection  Agency  serves  as  a  focal 
point  for  contacting  other  European  authorities  and 
carries  out  regular 
inspections  on  companies  and 
products  on  the  Luxembourg  market.  In  this  regard, 
Luxembourg  has  adopted  national  market  surveillance 
programmes  and  has  participated  in  several  Forum 
enforcement projects over the last few years. 

Making cities more sustainable 

EU policy on the urban environment encourages cities to 
put  policies  in  place  for  sustainable  urban  planning  and 
design.  These  should  include  innovative  approaches  to 
urban  public 
sustainable 
buildings,  energy  efficiency  and  urban  biodiversity 
conservation. 

transport  and  mobility, 

Europe  can  be  seen  as  a  union  of  cities  and  towns. 
Around  75 %  of  the  EU  population  live  in  urban  areas79 
and  this  figure  is  projected  to  rise  to  just  over  80%  by 
205080.  Urban  areas  pose  particular  challenges  for  the 
environment  and  human  health,  but  they  also  provide 
opportunities  for  using  resources  more  efficiently.  The 
EU encourages municipalities to become greener through 
initiatives  such  as  the  Green  Capital  Award81,  the  Green 
Leaf Award82 and the Green City Tool83. 

The  population  of  Luxembourg  grew  sharply,  from 
384 000  in  1991  to  600 000  in  2018.  More  than  half  of 
the  Grand  Duchy’s  population  is  concentrated  in  the 
urban  and  peri-urban  areas  in  the  centre  (Luxembourg 
City) and in the south (Esch-sur-Alzette, Differdange and 
Dudelange)84. 

Housing  is  one  of  the  biggest  challenges  in  Luxembourg 
today. Much of the new housing is located in peri-urban 
and rural areas. This leads to urban sprawl, regional land 
use imbalances and traffic problems. 

Attempts  have  been  made  recently  to  improve  and 
promote  public  transport  and  soft  mobility.  In  January 
2019, 
the 
the  Government  presented  details  on 
introduction,  from  the  first  half  of  2020,  of  free  public 
transport  in  all  modes  of  national  public  transport 
financed  by  the  State  in  the  Luxembourg  territory.85 
Nevertheless,  the  constant  growth  in  the  number  of 

Financing greener cities 

Luxembourg  has  allocated  EUR 1.17  million  or  6 %  of  its 
allocation  under  the  European  Regional  Development 
Fund  (excluding  technical  assistance)  to  sustainable 
urban development86. 

Participation in EU urban initiatives and networks 

Luxembourg  participates 
the  European  Urban 
in 
Development  Network87.  This  network  brings  together 
more  than  500  cities  across  the  EU  responsible  for 
implementing integrated measures based on sustainable 
urban development strategies financed by the  European 
Regional Development Fund in the 2014-2020 period. 

in  Luxembourg  are 

Two  cities 
in  the  EU 
Covenant  of  Mayors88.  Beckerich,  which  joined  in  2008, 
has also put in place an action plan, while the Our Nature 
Park signed the convention in 2016. 

involved 

Several Horizon 2020 network projects have also helped 
make cities in Luxembourg more sustainable. SocialCar is 
a  research  and 
incorporate 
carpooling into existing mobility systems. Luxembourg is 
one  of  the  10  European  cities  involved  in  testing  the 
SocialCar system89. 

innovation  project  to 

In  2017,  22.5 %  of  the  Luxembourg  population  living  in 
cities considered that their residential area was affected 
by  pollution,  grime  or  other  environmental  problems. 
This  figure  was  up  from  18.5 %  in  2015  and  14.7 %  in 
2016.  These  figures  are  slightly  higher  than  the  EU-28 
average (20 % in 2017)90. 

Nature and cities 

The entire Natura 2000 network in Luxembourg is located 
within urban areas. This is because the whole country is 
classified as a functional urban area91. In contrast, the EU 
average is 15 % (see Figure 20). 

The  Landscapes  Masterplan  (plan  directeur  sectoriel 
“paysages")  seeks  to  find  the  balance  between  socio-
economic  developments  and  conservation  of  landscape 
qualities. Its main objectives are the conservation of the 
the 
coherence  of Luxembourg’s 
context of the European Landscape. The implementation 
mechanisms  comprise  prescriptions  for  three  different 

landscapes  within 

78 ECHA, National Inspectorates - Luxembourg 
79 Eurostat (2016), Urban Europe. 
80 European Commission, Eurostat, Urban Europe, 2016, p.9. 
81 European Commission, European Green Capital. 
82 European Commission, European Green Leaf Award. 
83 European Commission, Green City Tool. 
84 The Government of Luxembourg Service Central de la Statistique et 
des Etudes Economiques (Statec), 2014. 
85 The Government of Luxembourg Press Release 21.01.2019. 

86 European Commission, Partnership agreement with Luxembourg - 
2014-20. 
87 European Commission, The Urban Development Network. 
88 Covenant of Mayors for Climate and Energy, Country signatories. 
89 Socialcar project, Luxembourg. 
90 European Commission, Eurostat, Pollution, grime or other 
environmental problems by degree of urbanisation.. 
91 Eurostat, Definition of Functional Urban Areas. 

22 

                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

types  of  “zones”.  They  specifically  focus  on  avoiding 
further  urban  sprawl  and  landscape  fragmentation.  The 
legal procedure to adopt the plan is ongoing. 

Figure  20:  Proportion  of  the  Natura  2000  network  in 
Functional Urban Areas (FUA) 92 

Urban sprawl 

Luxembourg  had  a  relatively  high  weighted  urban 
proliferation  of  4.01  UPU/m2 96 
in  2009  against  a 
European  average  (EU28+4)  of  1.64  UPU/m2.  This 
marked an increase of 3.88 % between 2006 and 200997. 

Traffic congestion and urban mobility 

The car remains by far the favourite means of transport. 
The  proportion  of  passenger  cars  in  2015  in  the  modal 
split was 82.9 % (EU average: 81.3 %)98. On the number of 
in  2015, 
passenger  cars  per  thousand 
Luxembourg  was  the  highest  in  the  EU  with  661  (EU 
average: 497)99. 

inhabitants 

To  complement  the  Landscapes  Masterplan,  the  public 
consultation  procedure  was  launched  in  May  2018  for 
three  more  national  sectoral  masterplans,  dealing  with 
“Transports”,  “Economic  Activity  Zones”  and  “Housing”. 
The  overall  aim  of  this  consolidated  development 
planning effort is to lessen trafic congestion, to improve 
the  public  transport  share  as  compared  to  car  transport 
share,  shorten  the  distances  between  living-working-
recreating,  and  to  mitigate  the  housing  and  economic 
areas  shortages,  in  a  way  compatible  with  the  overall 
objectives  of  safeguarding  good  living  conditions  for  all 
and of reducing land and resource consumption. All four 
masterplans duly integrate the recommandations of their 
respective strategic environmental assessment. 

Several  projects  on  nature  and  cities  have  been  carried 
out or are ongoing in the country. The ‘Alzette’ project93 
involved  restoration  work  on  a  river  corridor  along  the 
course  of  the  Alzette  River  between  the  towns  of  Esch-
sur-Alzette  and  Hesperange.  The 
‘LIFE  grassland 
Luxembourg’94 project focuses on protecting endangered 
grassland  habitats  and  animal  species  that  depend  on 
these  habitats.  The  project  targets  15 Natura  2000  sites 
in the western part of the ‘Gutland’ area of Luxembourg. 
The  ‘LIFE  Orchis’95  project’s  main  objective  is  to  secure 
and  restore  all  calcareous  grasslands  that  have  been 
known to exist in southeast Luxembourg. 

92 European Commission, the 7th Report on Economic, Social and 
Territorial Cohesion, 2017, p. 121. 
93 ‘Ecological valorisation of the Alzette’s upper valley’ (02/1999-
05/2006). 
94 ‘LIFE grassland Luxembourg — Conservation and management of 
species-rich grasslands by local authorities (06/2014-06/2019). 
95 ‘LIFE Orchis’ — Restoration of calcareous grassland in eastern 
Luxembourg (09/2014 – 08/2019). 

23 

In  terms  of  hours  spent  annually  in  road  congestion, 
Luxembourg  ranks  fifth  in  the  EU,  with  the  number 
increasing  from  31.15  in  2014  to  35.18  in  2016100. 
Compared  to  other  EU  cities,  Luxembourg  City  is  the 
32nd most congested city out of the 215 cities on the list, 
with a congestion level of 33 %. 

When asked how often residents are most likely to use a 
car  daily,  Luxembourg  was  third  with  65 %.  In  terms  of 
daily use  of  public transport,  Luxembourg was  fifth  with 
20 %.  A  very  small  proportion  of  respondents  (4 %)  in 
Luxembourg  use  a  bike  daily.  Just  over  half  of  people 
(56 %) who live in cities walk every day compared to the 
European average of 68 %101. 

Of the main challenges observed in this report, air quality 
—  to  an  extent  related  to  traffic  congestion  —  must  be 
made  a  priority  at  the  local  level.  In  order  to  address 
these  issues,  the  Ministry  of  Sustainable  Development 
and Infrastructure has launched several integrated urban 

96 Urban Permeation Units measure the size of the built-up area as well 
as its degree of dispersion throughout the region. 
97 EEA, Urban Sprawl in Europe, Annex I, 2014, pp.4-5. 
98 European Commission, Transport in the European Union Current 
Trends and Issues, 2018, p. 85. 
99 Eurostat, Energy, transport and environment indicators 2017, p. 95. 
100 European Commission, Hours spent in road congestion annually. 
101European Commission, Special Eurobarometer 406,Attitudes of 
Europeans towards urban mobility, pp.7-10. 

 
                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

to 

cooperation 

planning  processes.  These  take  the  form  of  agreements 
(conventions)  between  the  ministry,  the  cities  and  their 
inter-
adjacent  municipalities.  Conventions  promote 
municipal  and  multilevel 
foster 
sustainable  regional  development,  promote  integrated 
planning and address specific development issues. In this 
context,  conventions  facilitate  the  vertical  cooperation 
between  the  State  and  municipalities  with  the  aim  of 
implementing  the  objectives  established  in  territorial 
strategies,  such  as  the  Master  Programme  for  Spatial 
Planning  (PDAT)  and  the  new  Strategy  for  Sustainable 
Mobility (MoDu 2.0)102. Furthermore a national air quality 
programme was adopted. 

in  public  transport. 

More sustainable mobility has been encouraged through 
a number of recent measures. These include the 2017 tax 
reform (see Chapter 5 on green taxation) and significant 
investment 
In  May  2018,  the 
Government  adopted  the  new  sustainable  mobility 
strategy  (MoDu  2.0)103.  This  strategy  builds  on  the 
progress  since  the  previous  strategy  of  2012,  extending 
the  range  of  mobility  measures.  It  also  addresses  more 
explicitly  the  four  mobility  players,  namely  the  public, 
local  councils,  employers  and  the  State.  MoDu  2.0’s 
strategic  objective  for  2025  is  to  reduce  peak-hour 
congestion while transporting 20 % more people than in 
2017. 

Projects  are  ongoing  to  promote  research  collaboration 
to  develop  smart  and  sustainable  multimodal  mobility-
on-demand  transit  solutions 
for  sustainable  urban 
mobility104.  A  new  car-pooling  platform,  CoPilote,  was 
introduced  to  alleviate  the  traffic  situation,  particularly 
commuter  traffic.  The  CoPilote  website  and  free  mobile 
application cover the whole of the Greater Region105 and 
help to match people with similar journey routes wishing 
to  use  car-pooling.  The  goal  behind  CoPilote  is:  (i)  to 
achieve a car occupancy rate of 1.5 persons on journeys 
from  home  to  place  of  work  by  2025;  (ii)  to  reduce  the 
number of vehicles on Luxembourg’s roads by 50 000 per 
day; and (iii) to cut CO2 emissions by 130 000 tonnes per 
year106. 

102 The Government of Luxembourg, MoDu 2.0 Luxembourg. 
103 The Government of Luxembourg, MoDu 2.0 Luxembourg. 
104 European Commission, Transport Research and Innovation 
Monitoring and Information System. 
105 The area of Saarland, Lorraine, Luxembourg, Rhineland-Palatinate, 
Wallonia and the rest of the French Community of Belgium, and the 
German-speaking Community of Belgium. 
106 CoPilote — Roulez ensemble, roulez mieux. 

24 

 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

Part II: Enabling framework: implementation tools 

4.  Green taxation, green public procurement, environmental 
funding and investments 

Green  taxation  and  environmentally  harmful 
subsidies 

incentives,  taxation  and  other  economic 
Financial 
instruments  are  effective  and  efficient  ways  to  meet 
environmental  policy  objectives.  The  circular  economy 
action  plan  encourages  their  use.  Environmentally 
harmful  subsidies  are  monitored  in  the  context  of  the 
European  Semester  and  the  energy  union  governance 
process. 

Luxembourg’s  revenue  from  environment-related  taxes 
remains lower than the EU average. Environmental taxes 
accounted  for  1.71 %  of  the  Gross  Domestic  Product 
(GDP) in 2017 (EU-28 average: 2.4 %) as shown in Figure 
21. Energy taxes accounted for 1.57 % of GDP against an 
EU average of 1.84 %107. In the same year, environmental 
tax revenue was 4.25 % of total revenue from taxes and 
social security contributions. This was lower than the EU-
28  average  of  5.97 %.  Therefore,  there  is  a  scope  to 
increase environmental taxation. 

The  Commission  has  repeatedly  pointed  out  in  the 
European  Semester  that  Luxembourg’s  environmental 
tax  revenue  as  a  proportion  of  GDP  has  steadily 
decreased  over  the  last  10  years.  In  the  2018  country 
report,  it  highlighted  that  transport  fuel  tax  rates  are 
among the lowest in the EU. These provide an incentive 
for  increased  fuel  consumption,  including  cross-border 
sales.  This  results  in  a  highly  negative  ecological  and 
health  impact  and  contributes  to  traffic  congestion108. 
Nevertheless,  the  tax  reform  applicable  as  of  1  January 
2017  includes  new  measures  to  encourage  ‘sustainable 
mobility’,  supporting  the  purchase  of  battery  electric 
vehicles, fuel cell electric vehicles, plug-in hybrid electric 
vehicles (≤50 g CO₂/km), pedelecs and bicycles109. 

Meanwhile,  fossil  fuel  subsidies  have  decreased  in  the 
past decade and, according to the OECD, no longer exist. 
Some tax exemptions remain in place for fossil fuels used 
in  agriculture,  horticulture  or  for  heating110.  These 
exceptions amounted to EUR 2 million in 2016. 

107 Eurostat, Environmental tax revenues, 2018. 
108 European Commission, European Semester Country Report 2018, p. 
20. 
109 Ministry of Sustainable Development and Infrastructure  
110 OECD, Inventory of Support Measures for Fossil Fuels, 2018. 

Figure  21:  Environmental  tax  revenues  as  %  of  GDP 
(2017) 111 

Tax  treatment  for  company  cars  is  not  a  cause  for 
concern in Luxembourg112. No new fiscal measures were 
introduced for this type of car in 2018113. The use of less 
polluting  vehicles  is  also  encouraged  by  the  tax  reform 
applicable as of 2017 and by a re-evaluation system that 
lowers the costs of less polluting cars for employers. This 
incentivises  employers  to  opt  for  those  vehicles  as  a 
benefit  in  kind114.  The  national  budget  for  2018  also 
provided for a tax credit for investment by companies in 
battery electric vehicles and fuel cell electric vehicles. In 

111 Eurostat, Environmental tax revenues, 2018. 
112 European Commission, Taxation of commercial cars in Belgium, 
2017, p. 3. (NB: the document has been prepared for Belgium, but 
contains data also for the other Member States.). 
113 FleetEurope, Major changes to company car taxation in Europe. 
114 European Commission, European Semester Country Report 2018, p. 
20. 

25 

 
                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

January 2019, the 'Conseil de gouvernement' has adopted 
a  draft  decree  establishing  a  scheme  of  financial  aid  for 
zero or low-emission vehicles.115  

 The  proportion  of  new  passenger  cars  using  alternative 
fuels in Luxembourg was more than four times higher in 
2014 and 2015 than in 2012. Most of these vehicles are 
electric  vehicles.  However,  this  figure  decreased 
in 
2016116.  

Green public procurement 

The  EU  green  public  procurement  policies  encourage 
Member  States  to  take  further  steps  to  apply  green 
procurement  criteria  to  at  least  50 %  of  public  tenders. 
The European Commission is helping to increase the use 
of  public  procurement  as  a  strategic  tool  to  support 
environmental protection. 

The purchasing power of public procurement amounts to 
around  EUR 1.8  trillion  in  the  EU  (approximately  14%  of 
GDP).  A  substantial  proportion  of  this  money  goes  to 
sectors  with  a  high  environmental 
impact  such  as 
construction  or  transport.  Therefore,  green  public 
procurement  (GPP)  can  help  to  significantly  lower  the 
negative  impact  of  public  spending  on  the  environment 
and  can  help  support  sustainable  innovative  businesses. 
The Commission has proposed EU GPP criteria117. 

law 

public 

procurement 

A  national  action  plan  (NAP)  or  a  national  strategy  on 
GPP  is  currently  not  in  place  in  Luxembourg.  However, 
Luxembourg 
formally 
encourages contracting authorities to make use of tender 
procedures  to  promote  sustainable  development.  No 
target objectives, specific measures or mandatory criteria 
to  promote  GPP  have  been  set.  Some  guidance  on 
criteria  that  can  be  imposed  is  provided  in  the  terms  of 
reference and links on the EU’s GPP website and toolkit. 
However,  in  2017  the  Government  decided  that  in 
principle  its  own  fleet  vehicle  (type  M1)  should  be 
battery  electric  or  plug-in  hybrid  vehicles,  exceptions 
being justified. 

A  working  group  dealing  specifically  with  the  challenges 
and  opportunities  of  public  procurement  in  a  circular 
economy has been set up. Some pilot projects have been 
launched  or  are  being  prepared.  These  will  be  valuable 
public 
developing 
for 
procurement118. 

guidelines 

circular 

for 

Environmental funding and investments 

European  Structural  and  Investment  Fund  (ESIF)  rules 
oblige  Member  States  to  promote  environment  and 
climate  in  their  funding  strategies  and  programmes  for 
rural 
economic, 
development and maritime policy. 

social  and 

cohesion, 

territorial 

Achieving  sustainability  involves  mobilising  public  and 
private  financing  sources119.  Use  of  the  European 
Structural  and  Investment  Funds  (ESIFs)120  is  essential  if 
countries  are  to  achieve  their  environmental  goals  and 
integrate 
into  other  policy  areas.  Other 
instruments such as Horizon 2020, the LIFE programme121 
and the European Fund for Strategic Investments (EFSI)122 
may also support the implementation and spread of good 
practices. 

these 

European Structural and Investment Funds 2014-2020 

Through  three  national  programmes,  Luxembourg  has 
been allocated EUR 140 million from ESI Funds for 2014-
2020. With a national contribution of EUR 316 million, a 
total budget of EUR 456 million will be invested in various 
areas.  These 
the  environment, 
creating  greater  economic  diversification  for  jobs  and 
growth and supporting social cohesion123. 

include  protecting 

All  of  Luxembourg’s  European  Regional  Development 
Fund (ERDF) amount is allocated to two of the thematic 
objectives:  (i)  research,  technological  development  and 
innovation;  and  (ii)  the  shift  towards  a  low-carbon 
economy.  Of  the  funding  allocated  under  the  EAFRD, 
63 % relates  to  the  environment  and  climate.  This  will 
contribute  to  greenhouse  gas  emission  reductions,  help 

115 Subject to further conditions stipulated in the draft decree, natural 
and legal persons purchasing the following new vehicles should become 
eligible for a financial aid in the form of a premium: 5,000 EUR for 100% 
electric cars and vans; 2,500 EUR for plug-in hybrid cars and vans, if the 
CO2 emissions do not exceed 50g/km; 25% of the price excluding VTA, 
up to a maximum amount of 500 EUR for quadricycles, motocycles, light 
motocycles (125 cm3) and autocycles (scooters and pedelecs 45); 25% 
of the price excluding VAT, up to a maximum amount of 300 EUR for 
bicycles and pedelecs. 
116 European Commission, Transport in the European Union Current 
Trends and Issues, 2018, pp.86. 
117 In the Communication ‘Public procurement for a better 
environment’ (COM (2008) 400) the Commission recommended the 
creation of a 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. 

118 European Commission, Eco-Innovation Observatory, Country profile 
2016-2017: Luxembourg, p. 23. 
119 See, for example, Action plan on financing sustainable growth 
(COM(2018) 97).  
120 i.e. the European Regional Development Fund (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 are referred to as 
the ‘cohesion policy funds’. 
121 European Commission, LIFE programme. 
122 European Investment Bank, European Fund for Strategic 
Investments, 2016. 
123 European Commission, European Structural and Investment Funds 
(Country factsheet Luxembourg), 2017.124 European Commission, 
Summary of the Partnership agreement for Luxembourg, 2014, p. 2. 

26 

                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

stop  the  decline  of  biodiversity  and  improve  water  and 
soil management124. 

Cohesion policy 

In  2014-2020,  Luxembourg  is  managing  two  operational 
programmes under EU cohesion policy. One programme 
receives funding from the ERDF and one receives funding 
from  the  European  Social  Fund  (ESF).  For  2014-2020, 
Luxembourg has been allocated around EUR 59.7 million 
in  cohesion  policy  funding  (EUR 39.6  million  for  more 
developed  regions  and  EUR 20.2  million  for  European 
territorial cooperation). Of this, the ESF funding amounts 
to a minimum of EUR 20 million125. 

in 

is  participating 

Luxembourg 
several  European 
Territorial Cooperation Programmes, through which also 
activities targeting environmental topics are funded.  The 
cross-border  Programme  'Interreg  Greater  Region'  has 
dedicated EUR 37.5 million (27% of the entire budgetary 
envelope)  to  support  development  considering  the 
environment  and  quality  of 
is  a 
representative  example  for  such  type  of  cross-border 
projects  addressing  the  introduction  of  micro-pollutants 
in 
rallying 
partners from  both  Germany  and  Luxembourg  behind  a 
common ecological challenge.  

the  watercourse  of 

life.  “EmiSûre” 

river  Sûre, 

the 

The  transnational  Programme 
'Interreg  North-West 
Europe'  has  a  budget  of  EUR  242  million  from  ERDF for 
priorities dealing with GHG-reduction as well as resource 
and  material  efficiency.  For  example,  the  project 
SeRaMCo,  set  up  by  a  public-private  partnership  across 
Germany,  Belgium, 
the  Netherlands,  France  and 
Luxembourg, tackles the issue of high quality recycling of 
construction  and  demolition  waste  into  cement  and 
concrete production of new precast products like tubes.  

Furthermore,  the  Programme  'Interreg  Europe'  supports 
cooperation  across  Europe  and  has  allocated  EUR  168 
million  for  priorities  on 
low-carbon  economy  and 
environment  and  resource  efficiency.  For  example,  the 
Naturpark Our cooperates in the project “Nightlight” with 
the  Netherlands,  Hungary,  Spain, 
partners 
Denmark, Slovenia and Italy in order to search solutions 
regarding light pollution. 

from 

Rural development 

EUR 101 million from the EAFRD is devoted to developing 
the agricultural sector and rural areas. This, together with 
EUR 267.4  million  of  national  co-funding,  increases  the 
amount available for 2014-2020 to EUR 368 million. 

Almost  28 %  of  agricultural 
expected 

is 
land 
to  come  under  management  contracts 

in  Luxembourg 

124 European Commission, Summary of the Partnership agreement for 
Luxembourg, 2014, p. 2. 
125 European Commission, Cohesion Policy and Luxembourg, 2014. 

27 

to 

improve 

contracts 

under  management 

supporting  better  water  management.  Similarly,  nearly 
11 %  will  be  under  contracts 
soil 
management.  Finally,  over  90 %  of  agricultural  land  will 
come 
supporting 
biodiversity.  82 %  of  the  country  is  classified  as  rural, 
with  38 %  of  the  resident  national  population  living  in 
rural  areas.  95 %  of  the  utilised  agricultural  area  faces 
natural constraints and the Natura 2000 areas cover 18 % 
of  the  national  territory.  To  address  the  challenges,  the 
Rural Development Plan (RDP) is centred on the following 
four rural development priorities:  

 
 

 
 

the viability and competitiveness of farms;  
restoring, preserving and enhancing ecosystems 
linked to agriculture and forestry;  
resource efficiency and climate;  
social  inclusion  and  local  development  in  rural 
areas126. 

One  of  the  EAFRD  RDP  projects  (‘Zettinger  watermill’) 
supported  the  renovation  of  a  historic  hydroelectric 
power plant run by a farm household on the banks of the 
Sûre River.  This  increased  the  watermill’s  annual  energy 
yield from 10 to 20 %127.  

Figure 22: ESIF 2014-2020: EU allocation Luxembourg by 
theme, EUR billion 128 

On integrating environmental concerns into the common 
agricultural policy (CAP), the two key areas are: (i) to use 
the  EAFRD  to  pay  for  environmental  land  management 
and  other  environmental  measures;  and  (ii)  to  ensure 
that the first pillar of the CAP is implemented effectively 

126 European Commission: Factsheet on 2014-2020 Rural Development 
Programme of the Grand Duchy of Luxembourg, 2015. 
127 European Commission: CAP in your country, Luxembourg, 2017. 
128 European Commission, European Structural and Investment Funds 
Data By Country. 

                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

first  pillar 
with  regard  to  cross  compliance  and 
‘greening’.129  Luxembourg’s  direct  payment  for  2014-
2020 is EUR 236 million. Of this, 30 % is being allocated to 
greening practices that benefit the environment130. 

The Connecting Europe Facility (CEF) 

By the end of 2017, Luxembourg had signed agreements 
for  projects  amounting  to  EUR 72  million  under  the 
CEF131. 

During  2014-2017,  five  projects  were  selected,  with 
Luxembourg  beneficiaries  receiving  EUR 66.1  million  in 
CEF transport funding. The vast majority of this, EUR 63.7 
million,  is  supporting  a  project  to  eliminate  a  railway 
bottleneck  between  Luxembourg  City  and  Bettembourg 
on  the  North  Sea-Mediterranean  Corridor. 
It  also 
contributes  to  the  joint  ‘EuroCap-Rail’  project  linking 
Brussels, Luxembourg and Strasbourg132. 

Horizon 2020 

Luxembourg  has  benefited  from  Horizon  2020  funding 
since the programme started in 2014. As of January 2019, 
67 participants have been granted a maximum amount of 
EUR 18.1 million for projects from the Societal Challenges 
work 
environmental 
issues133 134.  

dealing  with 

programmes 

In  addition  to  the  abovementioned  work  programmes, 
climate and biodiversity expenditure is present across the 
entire  Horizon  2020.  In  Luxembourg,  projects  accepted 
for funding in all Horizon 2020 working programmes until 
December  2018  included  EUR  18  million  destined  to 
climate  action  (17.3 %  of  the  total  Horizon  2020 
contribution  to  the  country)  and  EUR  1.5  million  for 
biodiversity-related  actions  (1.4 %  of  the  Horizon  2020 
contribution to the country)135. 

Luxembourg  is  participating  in  international  projects  to, 
among  others,  improve  traffic  flow  using  ‘connected 

driving’ 
transport options and lightweight electric vehicles136. 

technologies, 

combined 

carpooling-public 

LIFE programme 

Since  its  launch  in  1992,  the  LIFE  programme  has  co-
financed a total of 22 projects in Luxembourg. Of these, 
14  focus  on  environmental  innovation  and  8  on  nature 
conservation.  These  LIFE  projects  cost  a  total  of  EUR 83 
million, of which the EU provided EUR 31 million137. 

Completed projects focused mainly on:  

 
 
 

 
 
 

 

construction and demolition waste,  
eco-friendly products,  
reducing emissions of greenhouse gases and air 
pollutants,  
sustainable construction,  
industrial waste,  
energy efficiency/savings in the automotive and 
building sectors,  
river basin management.  

The  ‘Bio  Tyre’ 
is  an  example  of  a  successful  LIFE 
‘Environment’  project  in  Luxembourg.  It  was  one  of  the 
23  projects  awarded  the  title  of  ‘best  LIFE  Environment 
project 2009-2010’138. 

Luxembourg currently has two ongoing LIFE projects. The 
first  aims  to  develop  a  fully  self-sufficient  strand  board 
and  fibreboard  production  plant  with  no  environmental 
impact. The second aims to develop and promote a new 
injection  technology  that  will  allow  compressed  natural 
gas to be directly injected into car engines, thus reducing 
harmful emissions139. 

European Investment Bank 

In  2018,  the  EIB  Group  (the  EIB  and  the  European 
in 
EUR 86 million 
Investment 
invested 
specific 
no 
Luxembourg, 
environmental spending, as shown in Figure 23. 

Fund) 
although 

there  was 

129 Regulation (EU) No 994/2014. 
130 European Commission: CAP in your country, Luxembourg, 2017. 
131 European Commission, European Semester Country Report for 
Luxembourg, 2018, p. 15. 
132 European Commission CONNECTING EUROPE FACILITY (CEF) — 
Transport grants 2014-2017, Luxembourg. 
133 European Commission own calculations based on CORDA (COmmon 
Research DAta Warehouse). A maximum grant amount is the maximum 
grant amount decided by the Commission. It normally corresponds to 
the requested grant, but it may be lower. 
134 i.e. (ii) Food security, sustainable agriculture and forestry, marine 
and maritime and inland water research and the bioeconomy; (iii) 
Secure, clean and efficient energy; (iv) Smart, green and integrated 
transport; and (v) Climate action, environment, resource efficiency and 
raw materials. 
135 European Commission own calculations based on CORDA (COmmon 
Research DAta Warehouse). 

In  an  EIB  survey,  3  in  10  firms  said  that  the  priority  for 
public  investment  over  the  next  3  years  should  be 
transport infrastructure140. 

Currently,  one  project  of  environmental  relevance  is 
being  evaluated,  namely  the renaturalisation  of  a  20 km 
stretch  of  the  Alzette  River  between  Luxembourg  City 

136 European Commission, Research & Innovation performance and 
Horizon 2020 country participation; Success stories for Luxembourg, 
2018. 
137 European Commission, LIFE in Luxembourg, 2017. 
138 Development and validation of ultra low rolling resistance tyre with 
environmentally friendly resources (‘Bio Tyre’), LIFE06 ENV/L/000118. 
139 European Commission, LIFE programme — Country Factsheet; 
Luxembourg Overview. 
140 EIB Investment Survey, Luxembourg, 2017, p. 7. 

28 

                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

and  Mersch.  The  aim  of  this  project  is  to  reduce  flood 
risk, boost biodiversity and improve water quality141. 
Figure 23 EIB loans to Luxembourg in 2018 142 

European Fund for Strategic Investments 

Luxembourg  is  boosting  take-up  of  the  EFSI.  By  January 
2019, operations approved under the EFSI amounted to a 
total of EUR 113 million. This is expected to trigger total 
private and public investment of EUR 595 million. 

Luxembourg  has  a  strong  track  record  of  making 
sustainable  investments  and  a  leading  European  market 
share of investment funds with environmental strategies 
(38 %). 
It  has  developed  a  set  of  comprehensive 
investment  fund  tools.  All  Luxembourgish  investment 
funds can be used for sustainable finance. The Green for 
Growth  Fund145  and  the  Global  Climate  Partnership 
Fund146  are  specialised  in  advance  energy  efficiency  and 
renewable energy. In 2017, Luxembourg and the EIB have 
launched  a  Luxembourg-EIB  Climate  Finance  Platform 
(LCFP)147. 
In October 2017,  Luxembourg’s  Ministry  of 
Finance  and  Ministry  of  Sustainable  Development  and 
Infrastructure launched the Forestry and Climate Change 
Fund148  as  a  public-private  partnership.  Its  role  is  to 
provide  funding  to  help  companies,  communities  and 
small farmers manage secondary and degraded forests in 
the  tropics.  Luxembourg's  Government  has  committed 
EUR 30million until end 2019. Investments amounting to 
EUR  10  million  (EUR  5million  in  Green  for  Growth  Fund 
and  EUR  5million  in  Land  Degradation  Neutrality  Fund) 
have  successfully  been  closed.  Other  projects  are  in 
pipeline. 

is 

for 

to  ensure 

Luxembourg 

As it has been mentioned through the report, one of the 
challenges 
that 
environmental  financing  remains  at  an  adequate  level. 
Existent financial gaps in areas such as nature protection 
and  water 
correct 
are 
implementation  of  EU  environmental  law  and  policies. 
Therefore,  ensuring  financial  resources  to  reduce  the 
implementation  gap  should  be  considered  as  a  priority 
for the country. 

delaying 

quality 

the 

2019 priority action 

 

Ensure  adequate  funding,  including  through  the 
mobilisation of investments and the use of EU funds, 
to 
the  main  environmental  challenges 
affecting the country.  

tackle 

to 

trigger  around  EUR 53  million 

More  specifically,  three  multi-country  projects  involving 
Luxembourg  have  so  far  been  approved  under  the 
‘infrastructure  and  innovation’  strand.  This  amounts  to 
EUR 14  million  in  EIB  financing  under  the  EFSI  and  is 
expected 
in 
investments.  Under  the  SME  strand,  five  agreements 
with financial intermediaries have so far been approved. 
European  Investment  Fund  financing  provided  via  the 
EFSI  amounts  to  EUR 75  million.  This  is  expected  to 
mobilise  approximatively  EUR 231  million 
total 
investment.  Some  831  smaller  companies  or  start-ups 
will benefit from this support. RDI ranks first in terms of 
amount of operations and funding, followed by SMEs143. 

in 

National environmental financing 

Luxembourg  spent  EUR 483.3  million  on  environmental 
protection  in  2016,  meaning  a  decrease  of  5.9%  from 
2015. 26.3 % of these payments were allocated to waste 
management activities, against the EU average of 49.7 %. 
to  waste  water 
EUR 262  million  were  allocated 
management  (54.2 %  of  the  total)  and  EUR 26.1  million 
to  pollution  reduction  (5.4 %  of  the  total).  10.2 %  of 
environmental  expenditure  was  allocated  to  protecting 
(EUR 49.5  million). 
biodiversity  and  the 
Between  2012  and  2016,  total  government  funding  for 
environmental protection was EUR 2.46 billion144. 

landscape 

141 EIB, Alzette River renaturalisation. 
142 European Investment Bank, The European Investment Bank in 
Luxembourg: what we do, 2018. 
143 European Commission, European Semester Country Report for 
Luxembourg, 2018, p. 15. 
144 Eurostat, General Government Expenditure by function, 2018. 

145 Green for Growth Fund. 
146 Global Climate Partnership Fund. 
147 EIB, innovative climate finance  
148 The Luxembourg Government, Forestry and Climate Change Fund. 

29 

 
                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

5. 

Strengthening environmental governance 

Information, public participation and access to 
justice 

Citizens  can  more  effectively  protect  the  environment  if 
they  can  rely  on  the  three  ‘pillars’  of  the  Aarhus 
Convention:  
(i) access to information;  
(ii) public participation in decision making; and  
(iii) access to justice in environmental matters.  

It is of crucial importance to public authorities, the public 
and  business  that  environmental  information  is  shared 
efficiently  and  effectively149.  Public  participation  allows 
authorities  to  make  decisions  that  take  public  concerns 
into account. Access to justice is a set of guarantees that 
allows  citizens  and  NGOs  to  use  national  courts  to 
protect the environment150. It includes the right to bring 
legal challenges (‘legal standing’)151. 

Environmental information 
Luxembourg  has  a  national  environmental  portal152 
containing  most  of  the  relevant  information  such  as 
legislation,  data  and  other  documents.  While  other 
websites  exist  for  some  domains,  these  do  not  contain 
much  additional  data.  It  was  found  that  very  little 
monitoring  or  historical  data  is  available  on  the  portal. 
Often,  the  available  data  are  presented  in  interactive 
graphs  without  a  download  option  or  the  data  must  be 
downloaded  from  the  European  Environmental  Agency. 
The main portal is sometimes difficult to navigate and it 
is  not  always  clear  where  particular  information  can  be 
found. The Open data Platform153 however contains a lot 
of  datasets  that  can  be  freely  reused.  Several  datasets 
contain  historical  and  monitoring  data  as  well  as  spatial 
information.  The  geoportal  presents  all 
relevant 
environmental layers and can be accessed from the main 
portal.  It  is  also  the  access  point  for  the  EU’s  INSPIRE 
portal, which contains data in many different formats and 
provides access to viewing services. 

149 The Aarhus Convention, the Access to Environmental Information 
Directive, 2003/4/EC and the INSPIRE Directive, 2007/2 together create 
a legal foundation for the sharing of environmental information 
between public authorities and with the public. This EIR focuses on 
INSPIRE. 
150 The guarantees are explained in Commission Notice on access to 
justice in environmental matters, OJL 275, 18.8.2017 and a related 
Citizen’s Guide. 
151 This EIR looks at how well Member States explain access to justice 
rights to the public, and at legal standing and other major barriers to 
bringing cases on nature and air pollution. 
152 The Luxembourg Government, National environmental portal. 
153 The luxembourgishdata platform. 

The  INSPIRE  Directive  has  been  well  implemented  in 
Luxembourg.  The  country’s  performance  has  been 
reviewed based on its 2016 implementation report154 and 
its most recent monitoring data from 2017155. 

Figure  24:  Access  to  spatial  data  through  view  and 
download services in Luxembourg (2017)  

Public participation 

In Luxembourg, the most important law is the Law of July 
2005  on  access  to  information,  public  participation  and 
access  to  justice  on  environmental  matters.  This  is 
complemented by a number of additional sector-specific 
laws156.  The  public  procurement  portal157  enables 
members  of  the  public  to  view  ongoing  and  past  public 
consultations and submit opinions.  

The  consultation  process 
in  Luxembourg  has  been 
identified  as  good  practice  in  the  Commission’s  better 
regulation toolbox158. 

Eurobarometer figures from 2017 show a high proportion 
of people in Luxembourg who believe that individuals can 
play  a  role  in  protecting  the  environment  (90 %  of 
respondents). This has increased since 2014. 

Access to justice 

The  1999  law  on  the  rules  of  procedure  before  the 
administrative jurisdictions159 foresees a general remedy 
for  everyone  that  has  a  personal,  direct,  current  or 
certain interest. Since 2007, such interest is presumed for 

154 INSPIRE LU country sheet 2017. 
155 INSPIRE monitoring dashboard. 
156 The Luxembourg Government. 
157 The Luxembourg Government, The public procurement portal . 
158 The Luxembourg Government, The public consultation process. 
159 The Luxembourg Government, Official Journal. 

30 

 
 
                                                                 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

this 

all  environmental  associations160.  Although 
is 
commonly  known  by  all  actors,  the  general  public  need 
to be better informed about effective remedies available 
to help individuals and environmental associations access 
to  justice  in  environmental  matters  under  Luxembourg 
and  EU  law.  The  official  website161  guichet.lu  provides 
practical  information,  contact  details,  a  form  for  lodging 
complaints  and  an  overview  of  environmental 
law, 
links.  Similar  pages  exist  for  the  Water 
including 
Management  Agency  and  the  Nature  and  Forestry 
Agency. However, these do not concern access to justice 
and  cannot 
structured  and  user-friendly 
information available online from public authorities. 

replace 

concerning 

remedies.162  Even 

Every  administrative  decision  has  to  contain  mandatory 
information 
in 
accordance  with  the  law  on  public  administration  an 
individual  act  must  specify  the  appeal  procedure,  this 
does  not  apply  to  general  administrative  acts. 
In 
particular for those acts it is important that information is 
easily  available  and  user  friendly.  This  is  not  the  case 
currently.  

if 

In Luxembourg there are no fees involved in taking a case 
to  court.  However,  individuals  and  NGOs  have  to  cover 
the costs of lawyers, experts, witnesses and bailiffs. The 
new penal code sets out a ‘loser pays’ principle meaning 
that legal fees are charged to the losing party. Generally 
speaking,  however,  legal  fees  do  not  cover  the  costs  of 
hiring  a  lawyer.  Whether  or  not  procedural  indemnities 
also  cover  lawyers  is  left  to  the  judge’s  discretion.  A 
study163 has found that lawyers’ fees in Luxembourg are 
high and may be a deterrent to bringing cases forward. 

2019 priority actions 

 

 

for 

the 

required 

Improve  access  to  spatial  data  and  services  by 
making  stronger 
linkages  between  the  country 
INSPIRE  portals,  identify  and  document  all  spatial 
implementation  of 
datasets 
environmental 
the  data  and 
law,  and  make 
documentation  at  least  accessible  'as  is'  to  other 
public  authorities  and  the  public  through  the  digital 
services foreseen in the INSPIRE Directive. 
Ensure that there is legal standing for environmental 
NGOs  to  bring  legal  challenges  on  environmental 
issues,  where  relevant  without  facing  prohibitive 
costs. 

160 Tribunal administratif, 7 décembre 2007 (23703) 
161 The Luxembourg Government, Ministry of the Economy portal  
162 The Luxembourg Government,  Art.14 of the grand-ducal order of 
8th june 1979 concerning the procedure to be followed by the 
administrations of the state and municipalities.  
163 Biot-Stuart, C., (2013), Study on the Implementation of Article 9.3 
and 9.4 of the Aarhus Convention — Country study for Luxembourg, 
European Commission, DG Environment (Study contract 
070307/2013/A2). 

  Better inform the public about their access to justice 

rights. 

Compliance assurance 

to  ensure 

Environmental compliance assurance covers all the work 
undertaken  by  public  authorities 
that 
industries,  farmers  and  others  fulfil  their  obligations  to 
protect  water,  air  and  nature,  and  manage  waste164.  It 
includes  support  measures  provided  by  the  authorities, 
such as:  
(i) compliance promotion165;   
(ii) inspections and other checks that they carry out, i.e. 
compliance monitoring166; and  
(iii)  the  steps  that  they  take  to  stop  breaches,  impose 
sanctions  and  require  damage  to  be  remedied,  i.e. 
enforcement167.  
Citizen  science  and  complaints  enable  authorities  to 
liability168 
focus  their  efforts  better.  Environmental 
ensures that the polluter pays to remedy any damage. 

Compliance promotion and monitoring 

The  quality  of online  information  for  farmers  on  how  to 
comply  with  obligations  on  nitrates  and  nature  is  an 
indicator of how actively authorities promote compliance 
in  subject-areas  with  serious 
implementation  gaps. 
Official  websites  in  Luxembourg  include  some  relevant 
information  on  farmers’  obligations  and  on  handling 
fertilisers169.  However, 
is  not 
this 
comprehensive. 

information 

Major industrial installations pose serious pollution risks. 
Public authorities are required to inspect them and make 
individual  inspection  reports  available  to  the  public170. 
The website of the Environmental Agency of Luxembourg 
includes  information  on  inspection  planning  and  full 
inspections  reports.  These  include  the  name  of  the 
operator  inspected,  the  non-compliance  identified  and 
the recommendations given to the operator171. 

164 The concept is explained in detail in the Communication on ‘EU 
actions to improve environmental compliance and governance’ 
COM(2018)10 and the related Commission Staff Working Document, 
SWD(2018)10. 
165 This EIR focuses on the help given to farmers to comply with nature 
and nitrates legislation. 
166 This EIR focuses on inspections of major industrial installations. 
167This EIR focuses on the availability of enforcement data and co-
ordination between authorities to tackle environmental crime. 
168 The Environmental Liability Directive, 2004/35, creates the 
framework. 
169 The Luxembourg Government, The Landwirtschafts-Portal 
170 Article 23, Industrial Emissions Directive, 2010/75/EU. 
171 Government of Luxembourg, IED emissions.  

31 

                                                                 
 
 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

Citizen science and complaint handling 

Engaging  members  of  the  public,  including  through 
citizen  science,  can  boost  their  knowledge  of  the 
environment  and  help  the  authorities  in  their  work.  No 
information  was  found  on  the  use  of  citizen  science  in 
Luxembourg.  The  availability  of  clear  online  information 
on  how  to  make  a  complaint  is  an  indicator  of  how 
responsive authorities are to complaints from the public. 
The  guichet.lu  portal  provides  easily  accessible 
information  on  how  to  make  a  complaint  and  offers 
specific online forms for individual environmental subject 
areas172. 

Enforcement 

When problems are identified as a result of monitoring, a 
range of responses may be appropriate. While inspection 
reports in Luxembourg are published online, information 
is  missing  on:  (i)  warnings  issued;  (ii)  sanctions  applied; 
and  (iii)  compliance  achieved  after  follow-up  measures 
available 
and  enforcement 
information was found on responses to cross-compliance 
breaches involving nitrates and nature. 

action.  No  publicly 

Tackling  environmental  crime,  including  crime  involving 
waste  and  wildlife,  is  especially  challenging.  As  such,  it 
requires  close  cooperation  and  coordination  between 
inspectors,  customs  authorities,  police  and  prosecutors. 
No 
the  official 
Luxembourg websites on formal or informal cooperation 
arrangements between these players. 

information  could  be 

found  on 

Environmental liability 

The  Environmental  Liability  Directive  (ELD)  establishes  a 
framework  based  on  the  ‘polluter  pays’  principle  to 
prevent  and  remedy  environmental  damage.  The  2017 
EIR  focused  on  better  information  on  environmental 
damage, financial security and guidance. The Commission 
is still collecting evidence on the progress made. 

2019 priority actions 

  Better 

inform 

the  public  about 

compliance 

 

 

 

information  on  how  professionals 

promotion, monitoring and enforcement. 
Ensure  more 
dealing with environmental crime work together. 
Improve  financial  security  for  liabilities  and  ELD-
guidance  and publish  information  on  environmental 
damage. 
Publish  information  on  outcomes  of  enforcement 
action  and  of  the  follow-up  to  detected  cross-
compliance breaches on nitrates and nature. 

172 The Luxembourg Environmental Agency, Filing an administrative 
complaint with the Environment Agency. 

Effectiveness of environmental 
administrations 

in 

involved 

implementing 

Those 
environmental 
legislation at EU, national, regional and local levels need 
to have the knowledge, tools and capacity to ensure that 
the  legislation  and  the  governance  of  the  enforcement 
process bring about the intended benefits. 

Administrative capacity and quality 

scores 

Luxembourg  scored  79.12  in  the  2018  environmental 
performance  index  and  ranks  7  out  of  180  countries173. 
Luxembourg’s 
for  executive  capacity  and 
executive  accountability  on  the  Bertelsmann  sustainable 
governance  index  were  6.8  and  8  respectively.  Both  of 
these  figures were above the  respective EU-28 averages 
of 6.1 and 6.3174. 

Coordination and integration 

As mentioned in the 2017 EIR report, the transposition of 
the  revised  EIA  Directive175  provides  an  opportunity  to 
streamline  the  regulatory  framework  on  environmental 
assessments.  Despite  an  initial  delay,  Luxembourg  has 
now transposed the revised Directive.  

to 

the 

in  order 

streamlining  of 
The  Commission  encourages 
environmental  assessments 
reduce 
duplication.  Moreover,  streamlining  helps  to  reduce 
unnecessary  administrative  burden  and  accelerates 
decision-making,  without  compromising  the  quality  of 
the environmental assessment procedure176. Luxembourg 
has 
introduced  the  coordination  of  environmental 
assessments  under  the  EIA,  Habitats,  Water  Framework 
and Industrial Emissions Directives. 

Adaptability, 
(eGovernment) 

reform 

dynamics 

and 

innovation 

Based  on  Europe’s  Digital  Progress  Report  2018, 
Luxembourg  scored  0.54/1  for  ‘digital  public  services’. 
This is lower than the EU-28 average of 0.58/1177. With a 
score  of  7.0,  Luxembourg  performs  above  the  EU  and 

173 Yale Center for Environmental Law & Policy, 2018 Environmental 
Performance Index, Yale University, p. 4. 
174 Bertelmann Stiftung (2017), Sustainable Governance Indicators, 
executive capacity and executive accountability. 
175 Directive 2014/52/EU. 
176 The Commission issued a guidance document in 2016 regarding the 
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, OJ C 273, 27.7.2016, p. 1.  
177 European Commission, Europe’s Digital Progress Report (EDPR), 
2017, Country Profile Luxembourg, p. 10. 

32 

                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

sample  average  for 
sustainable governance indicators178. 

‘domestic  adaptability’  on  the 

with  customs  and  excise  on  the  import  of 
pesticides and biocides)183. 

Little  information  is  available  on  how  the  Environment 
Administration  or  other  bodies  respond  to  feedback179. 
There are some examples of specific initiatives to create 
dialogues  between  different  stakeholders,  including  the 
EU institutions and civil society. One such example is the 
clean  air  dialogue  set  up  between  the  Environment 
Administration  and  the  European  Commission.  The 
purpose  of  this  dialogue  was  to  develop  policies  to 
address poor air quality linked to road traffic, agriculture 
In 
and  biomass  combustion 
addition, representatives from Luxembourg’s Ministry for 
Sustainable  Development  have  attended  conferences 
and  meetings  to  support  capacity  building  in  specific 
areas.  One  example  is  the  use  of  statistics  to  support 
environmental policy in the following areas181: 

in  residential  areas180. 

 

 

 

climate  change  —  implementation  of  the  Effort 
Sharing Decision (DG CLIMA); 
2020  indicators  and  sustainable  development 
indicators (Eurostat); 
EIONET  meetings 
Agency); 

Environment 

(European 

  working  group  on  environmental  information 

(OECD) 

The  Department  of  the  Environment  has  a  number  of 
initiatives  to  support  environmental  governance 
in 
Luxembourg. These included: 

 

 

 

 

 

providing 
information 
environment-related 
through public  broadcasting, i.e.  documentaries 
to  promote  diverse  issues including  biodiversity 
protection and waste management182; 
creating  a  platform  for  education  on  the 
environment  and  sustainable  development  in 
2012. In 2017, it had over 200 members; 
creating  an 
for 
education on sustainable development (CIEDD); 
developing  a  new  mobile  application  to  help 
the 
people 
Environment Agency; 
implementing  coordination  projects  in  specific 
areas (e.g. with the ECHA on REACH, with online 
stores  to  control  the  sale  of  goods  online,  and 

interministerial  committee 

complaints 

submit 

legal 

to 

Enabling financing and effective use of funds 

Luxembourg’s  authorities  have  a  long  experience  in  the 
management of EU funding and no major problems arise 
in this respect.  

2019 priority action 

 

further 

Luxembourg  can 
its  overall 
environmental  governance  (such  as  transparency, 
citizen  engagement,  compliance  and  enforcement, 
as well as administrative capacity and coordination). 

improve 

International agreements 

The  EU  Treaties  require  the  EU  environmental  policy  to 
promote  measures  at  international  level  to  deal  with 
regional or worldwide environmental problems. 

The EU is committed to strengthening environmental law 
and its implementation globally. It therefore continues to 
support  the  Global  Pact  for  the  Environment  process, 
which  was  launched  by  the  United  Nations  General 
Assembly  in  May  2018184.  The  EIR  is  one  of  the  tools  to 
ensure  that  the  Member  States  set  a  good  example  by 
respecting  European  Union  environmental  policies  and 
laws and international agreements.  

signed  and 

ratified  almost  all 
Luxembourg  has 
Multilateral Environmental Agreements. It has signed and 
ratified the Nagoya Protocol on 27 February 2015. 
Forests:  EU  Timber  Regulation  (EUTR)185/  Forest  Law 
Enforcement,  Governance 
(FLEGT) 
Regulation186 

Trade 

and 

Between  March  2015  and  February  2017,  Luxembourg 
carried  out  12  checks  on  operators  placing  domestic 
timber on the EU market for the first time and 17 checks 
on operators importing timber. These numbers are in line 
with the number of checks that Luxembourg had planned 
for  this  period187.  It  is  estimated  that  200  operators  in 
Luxembourg  placed  domestic  timber  on  the  EU  market 
for  the  first  time  in  this  period  and  that  245  imported 
timber. 

In  the  EU,  Luxembourg  has  the  shortest  potential 
maximum  imprisonment  sentence  of  30  days.  It  has  not 

178 Domestic adaptability is defined as the extent that the government 
responds to international and supranational developments by adapting 
domestic government structures. 
179 The Luxembourg Environment Agency.  
180The Luxembourg Government,  Rapport d’activité 2017, Ministère du 
Développement durable et des Infrastructures, Département de 
l’environnement, April 2018, p. 111. 
181 P.31 ibid. 
182 P.7 ibid. 

183 Pp. 68-69 ibid. 
184 UN General Assembly Resolution 72/277 and Organizational session 
of the ad hoc open-ended working group.  
185 Regulation (EU) No 995/2010. 
186 Regulation (EC) No 2173/2005. 
187 13 checks on operators of domestic timber and 17 checks on 
operators importing timber were planned for the period 2015-2017. 

33 

                                                                 
                                                                 
Environmental Implementation Review 2019 — Luxembourg 

yet  issued  any  penalty  against  operators  infringing  their 
obligations under the EUTR. 

Genetic  resources:  Nagoya  Protocol  on  Access  to 
Genetic Resources and the Fair and Equitable Sharing of 
Benefits Arising (ABS)188  

Luxembourg has appointed competent authorities for the 
purposes of the EU ABS Regulation. It has also introduced 
sanctions  for  infringements  of  the  same  Regulation.  No 
due diligence declaration has been submitted so far and 
no  penalties  have  been  applied.  Luxembourg  submitted 
its first report to the Commission on the implementation 
of the EU ABS Regulation at the end of 2017. 

International  wildlife 
the  Convention  on 
trade: 
International  Trade  in  Endangered  Species  of  Wild 
Fauna and Flora (CITES)189 
The Basic Regulation190 transposes the major obligations 
stemming from the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES) into 
EU  law.  To  comply  with  these  obligations,  Luxembourg 
set  up  relevant  national  authorities  and  is  processing 
requests  for  import  and  (re-)export  and  intra-EU  trade 
documents on a regular basis. 

In  order  to  be  more  effective  concerning  illegal  wildlife 
trade,  Luxembourg  has  adopted  a  new  law  on  CITES  in 
July  2018, 
introducing  higher  penalties  for  wildlife 
trafficking.191  After  the  adoption,  Cargolux  (the  national 
for  Wildlife 
the 
Cargo  airline) 
International  Taskforce  on  the  Transportation  of  Illegal 
Wildlife Products declaration".  

“United 

signed 

Reports  on  seizures  of  illegal  shipments  testify  to  the 
activity  of  customs  authorities.  Such  reports  include 
those  forwarded  to  TRAFFIC  every  6  months  and  those 
exchanged through the EU-TWIX platform. 

Sustainable 
implementation of the UN SDGs 

development 

and 

the 

Sustainable development links environmental, social and 
economic policies in a coherent framework and therefore 
helps  to 
legislation  and 
policies. 

implement  environmental 

The law of 25 June 2004 introduced the national plan for 
sustainable  development,  which  is  coordinated  by  the 
Sustainable 
Commission 
Interdepartmental 

for 

Development. The third national plan was adopted by the 
Government in 2018 and specifies Luxembourg’s priority 
areas  for  sustainable  development  at  national  and 
international  level.  It  also  sets  out  ten  specific  priorities 
including  17  global  SGDs  and  proposes  measures  for 
implementing them. 

In  2016,  Luxembourg’s  Ministry  of  the  Economy 
published  its  ‘Third  Industrial  Revolution’  strategy.  This 
outlines  plans  to  support  sustainable  development  in 
Luxembourg through innovation192. One of the provisions 
in 
the  Luxembourg  Sustainable 
Development  Finance  Platform.  This  acts  as  an 
intermediary for financing sustainable development193. 

strategy 

the 

is 

It 

forum. 

The  Higher  Council  for  Sustainable  Development  is  a 
discussion 
launched  a  campaign  called 
‘#MengAktioun’  aimed  at  public  institutions  and  civil 
society.  These  players  are  given  the  chance  to  present 
their  projects  that  help  implement  the  2030  Agenda 
using an online platform. 

The  National  Voluntary  Review  submitted  to  the  UN  in 
2017 enabled Luxembourg to share its experiences in this 
area.  It  also  allowed  it  to  draw  attention  to  its  specific 
national characteristics and challenges194. 

The International Finance Corporation decided to set up 
the  Green  Cornerstone  Bond  Fund,  the  world’s  largest 
green  bond  fund  dedicated  to  emerging  markets,  in 
Luxembourg195.  Luxembourg  hosted  the  Sustainable 
Finance  Forum  on  30  May  2018.  This  addressed  key 
regulatory  and  market  challenges  and 
the  asset 
management industry’s role in sustainable investment. It 
also  looked  at  how  capital  markets  can  contribute  to  a 
sustainable 
low-carbon  economy  to  meet  the  UN 
Sustainable  Development  Goals  and  the  climate  change 
ambitions of the Paris Agreement196. 

finance 

the 
launched 
In  October  2018,  Luxembourg  has 
roadmap197.  The 
Luxembourg 
sustainable 
roadmap,  drafted  in  partnership  with  UNEP,  and  based 
on  a  consultation  of  the  financial  industry  and  civil 
society,  establishes  an  ambitious  vision  and  makes 
recommendations  to  lay  the  groundwork  to  establish  a 
comprehensive  and  far-reaching  sustainable  finance 
strategy,  notably 
inherent 
financial  centre,  to 
strengths  as  an 
contribute to the Agenda 2030 and the objectives of the 
Paris Agreement. 

leveraging  Luxembourg’s 
international 

188 Regulation (EU) No 511/2014. 
189 The Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES). 
190 Council Regulation (EC) No 338/97. 
191 Loi du 9 juillet 2018 relative à certaines modalités d’application et 
aux sanctions du règlement (CE) n° 338/97 du Conseil du 9 décembre 
1996 relatif à la protection des espèces de faune et de flore sauvages 
par le contrôle de leur commerce   

192The Ministry of the Economy, ‘Third Industrial Revolution’ strategy  
193 The Ministry of the Economy, ‘Third Industrial Revolution’ portal   
194 Sustainable Development Goals — Voluntary National Review 2017 
195 LuxembourgForFinance: Agency for the Development of the Financial 
Centre. 
196 Luxembourg For Finance, Sustainable Finance Forum. 
197 Luxembourg sustainable finance roadmap. 

34