LUXEMBOURG Law and Practice Contributed by: Nathalie Prüm-Carré, Inès Goeminne and Georges Gratia, Elvinger Hoss Prussen
organisational responsibility for the prevention, reuse and management of the “waste” phase of a product’s life cycle. Producers have an obligation to contribute proactively to achieving the objectives of the Law of 21 March 2012, as amended, through actions that promote improved product design, prevention, reuse, preparation for reuse, recycling and changes in soci- etal behaviour. Producers may delegate all or part of their EPR obli- gations to specific approved bodies. On the other hand, they must meet these obligations through an individual system. In Luxembourg, there are seven EPR schemes cover- ing: • household packaging; • non-household/reusable packaging; • household electrical and electronic equipment (WEEE); • non-household electrical and electronic equipment (WEEE); • portable batteries and accumulators; • automotive/industrial batteries and accumulators; and • tobacco products with filters. 15.4 Rights and Obligations Applicable to Waste Operators The operation of a facility or site used for disposal operations is subject to authorisation by the Minis- ter responsible for the Environment. Operators of a facility must therefore ensure that the management of these facilities is entrusted to specialised and qualified staff. They are also required to report to the compe- tent authority any damage or accidents affecting the proper operation of their facility that could cause harm to humans or the environment. In the event of cessation of activity, the operating site must be restored to prevent damage to the environ- ment and to ensure that the restoration is monitored in accordance with the terms and conditions laid down by the Minister. Operators are required to provide a financial guarantee or other equivalent means, in the form of an insurance contract, to cover the estimated
costs of decommissioning procedures and subse- quent management of the operating site. In the event of non-compliance with the provisions of the Law of 21 March 2012 on waste management, as amended, the operator of an establishment may be subject to administrative measures by the Minister (eg, suspension or closure of the establishment). 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements In Luxembourg, the disclosure of environmental infor- mation is governed by the Law of 25 November 2005 on public access to environmental information, as amended. The public therefore has a right of access to environmental information held by public authori- ties. With regard to the dissemination of environmen- tal information, public authorities may organise this dissemination in various ways, such as free on-site consultation, the provision of copies or the publication of reports, as well as computer telecommunication technologies. Environmental information disseminated and made available to the public must be regularly updated and must include the following in particular: • national reports on the state of the environment, providing information on its quality and the con- straints it faces; • data or summaries of data collected on activities that have or are likely to have an impact on the environment; and • impact studies and risk assessments concerning environmental protection or an indication of where such information can be requested or consulted. The law provides for a consultation procedure allow- ing the applicant to lodge an appeal with the admin- istrative courts in the event of refusal of disclosure or partial disclosure. 16.2 Public Environmental Information Under the Law of 25 November 2005 on public access to environmental information, as amended, any natu -
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