LUXEMBOURG Law and Practice Contributed by: Nathalie Prüm-Carré, Inès Goeminne and Georges Gratia, Elvinger Hoss Prussen
• the precaution principle; • the prevention principle; • the proportionality principle; and • the “polluter pays” principle.
mation with a view to ensuring action to prevent and remedy environmental damage. The 2023–2028 coalition agreement contains the gov- ernment’s programme in Luxembourg, and empha- sises the Luxembourg government’s desire to step up co-operation with partner countries in the field of climate and environmental protection. Public participation in environmental decision-making is a fundamental principle of Luxembourg law, stem- ming from Directive 2003/4/EC of the European Parlia- ment and of the Council of 28 January 2003. The prin- ciple was implemented by the Law of 25 November 2005 on public access to environmental information, which ensures that any person has an effective right of access to environmental information held by public authorities. 3. Environmental Protections 3.1 Protection of Environmental Assets In Luxembourg, the protection of environmental herit- age is governed by several sectoral laws. Several national laws aim to protect the air, water, soil, flora and fauna, natural habitats and landscapes, with the main texts being: • the Law of 18 July 2018 on the protection of nature and natural resources, as amended, which ensures the preservation of natural habitats, biotopes, flora and fauna; • the Law of 19 December 2008 on water, as amend- ed; • the Law of 21 March 2012 on waste management; and • the Law of 21 June 1976 on the fight against atmospheric pollution. Soil is also protected by environmental laws and by laws on town and country planning, which govern its use. 3.2 Breaching Protections Violation of the rules for the protection of environmen- tal heritage can result in:
2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
In Luxembourg, the main authority for the environ- ment is the Minister for the Environment, Climate and Biodiversity, whose main tasks are the implementation of the environmental programme, the co-ordination of work regarding sustainable development and the tak- ing of all appropriate measures to protect the natural and human environment and fight climate change. The Minister’s mandate also includes setting the sustain- able development policy, climate protection and ener- getic efficiency, protection of the natural environment (nature, water) and protection of the human environ- ment (air and noise, water and resources, chemical substances). To achieve these tasks, the Minister is backed by three agencies under his authority: • the Environment Agency (AEV); • the Nature and Forest Agency (ANF); and • the Water Management Agency (AGE). 2.2 Co-Operation Co-operation on environmental matters in Luxem- bourg is organised at several levels. As a general prin- ciple, the agencies may co-operate with other agen- cies. Increased co-operation between agencies (AEV, ANF, AGE) can occur for the investigation of complex cases, such as those concerning accidental pollution. Several national laws provide for cross-border co- operation mechanisms. The Law of 20 April 2009 on environmental liability with regard to the prevention and remedying of environmental damage, as amend- ed, provides a mechanism for co-operation between member states where environmental damage affects or is likely to affect several member states. This co- operation involves an appropriate exchange of infor-
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