LUXEMBOURG Law and Practice Contributed by: Nathalie Prüm-Carré, Inès Goeminne and Georges Gratia, Elvinger Hoss Prussen
15. Waste 15.1 Key Laws and Regulatory Controls The Law of 21 March 2012 on waste management, as amended, is the main law governing waste, and imple- ments Directive 2008/98/EC of 19 November 2008 on waste into Luxembourg law. This law enshrines the “polluter pays” principle, specifying that the costs of waste management are borne by the original waste producer or by the current or previous waste holder. In terms of regulatory controls, the Environment Agen- cy intervenes under the environmental legislation fall- ing within its remit, particularly with regard to waste. As Environment Agency officers have the status of judicial police officers, they can also initiate criminal proceedings in the event of contraventions or infringe- ments of the applicable laws and regulations. With regard to waste shipments, Environment Agency officers carry out inspections throughout the year at strategic points throughout the Grand Duchy of Lux- embourg. 15.2 Retention of Environmental Liability Responsibility for waste treatment rests, in the first instance, with the waste producer within the meaning of the Law of 21 March 2012 on waste management, as amended. Thus, responsibility for the recovery or disposal of waste always lies first and foremost with the original producer. The waste producer must treat the waste itself or must have it treated by a dealer, broker, establishment or undertaking carrying out waste treatment operations or by a private or public waste collector. In terms of responsibility, the Law of 21 March 2012 on waste management, as amended, generally states that the initial producer retains responsibility for the entire treatment chain. 15.3 Circular Economy Requirements The Law of 21 March 2012 on waste management, as amended, introduces the Extended Producer Respon- sibility (EPR). This scheme is defined in national law as a set of measures taken to ensure that produc- ers assume financial responsibility or financial and
the instruments of the sectoral master plan and the land use plan to the implementation of actions designed to reduce greenhouse gas concentrations in the atmosphere. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs In Luxembourg, asbestos was partially banned in 1986, particularly in relation to certain fibres, such as crocidolite. In 2021, the use and marketing of asbes- tos were completely banned, with the exception of products already installed before that date, which will remain authorised until they are disposed of or reach the end of their life. The amended Grand-Ducal Regulation of 14 Novem- ber 2016 on the protection of the health and safety of employees from the risks related to chemical agents at work lays down the minimum requirements for the protection of employees from risks to their health and safety arising or likely to arise from the effects pro- duced by chemical agents present in the workplace or arising from any professional activity involving chemi- cal agents. As part of fulfilling their legal obligations, employers must assess whether dangerous chemical agents are present in the workplace. If this is the case, they must assess any risk to the health and safety of employees resulting from the presence of these chemical agents. The management of polychlorinated biphenyls (PCBs) is governed more specifically by the Grand-Ducal Regulation of 24 February 1998 on the disposal of polychlorinated biphenyls and polychlorinated terphe- nyls. This concerns the controlled disposal of PCBs, the decontamination or disposal of equipment con- taining PCBs and/or the disposal of used PCBs with a view to their complete disposal.
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