COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - LUXEMBOURG Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 18
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 49 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - LUXEMBOURG
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 49 final.
Encl.: SWD(2017) 49 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 49 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - LUXEMBOURG
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{COM(2017) 63 final i} {SWD(2017) 33 - 48 final} {SWD(2017) 50 - 60 final}
Luxembourg 2
This report has been written by the staff of the Directorate-General for Environment, European Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
Luxembourg 3
More information on the European Union is available on the internet (http://europa.eu).
Photographs: p.6 ©LIFE05 ENV/L/000047; p.9 ©Sara Winter/iStock; p.11 ©LIFE11 NAT/LU/000858; p.16 ©koekeloer/iStock; p.21 ©Bogdan Lazar/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 7
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9
Nature and Biodiversity ......................................................................................................................... 9
Green Infrastructure ........................................................................................................................... 11
Soil protection ..................................................................................................................................... 11
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 13
Air quality ............................................................................................................................................ 13
Noise ................................................................................................................................................. 14
Water quality and management ......................................................................................................... 14
Enhancing the sustainability of cities .................................................................................................. 16
International agreements ................................................................................................................... 17
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 18
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 18
Green taxation and environmentally harmful subsidies ..................................................................... 18
Green Public Procurement .................................................................................................................. 19
Investments: the contribution of EU funds ......................................................................................... 19
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 21
Effective governance within central, regional and local government ................................................. 21
Compliance assurance ......................................................................................................................... 22
Public participation and access to justice ........................................................................................... 23
Access to information, knowledge and evidence ................................................................................ 23
Luxembourg 4 Luxembourg 5
Executive summary
About the Environmental Implementation Review
In May 2016, the Commission launched the General profile
Environmental Implementation Review (EIR), a two-year
cycle of analysis, dialogue and collaboration to improve EU Directives are mostly transposed in time and applied the implementation of existing EU environmental policy correctly in Luxembourg. Some concerns remain in the and legislation 1 . As a first step, the Commission drafted area of water services (urban wastewater treatment) and 28 reports describing the main challenges and water quality (nitrates pollution). Traffic congestion, opportunities on environmental implementation for each which is primarily triggered by the large share of daily Member State. These reports are meant to stimulate a commuters but also prompted by the low fuel taxation, positive debate both on shared environmental challenges also constitutes a problem, leading to air pollution and for the EU, as well as on the most effective ways to human-health concerns. Luxembourg is sensitive to address the key implementation gaps. The reports rely on cross-border environmental and economic impacts.
the detailed sectoral implementation reports collected or
issued by the Commission under specific environmental Main Challenges
legislation as well as the 2015 State of the Environment The main challenges with regard to implementation of EU Report and other reports by the European Environment environmental policy and law in Luxembourg are:
Agency. These reports will not replace the specific
instruments to ensure compliance with the EU legal Improving water quality by further reducing nitrates obligations. pollution.
Completing urban wastewater treatment. The reports will broadly follow the outline of the 7th
Environmental Action Programme 2 and refer to the 2030 Main Opportunities
Agenda for Sustainable development and related
Sustainable Development Goals (SDGs) 3 to the extent to Luxembourg could perform better on topics where there which they reflect the existing obligations and policy is already a good knowledge base and good practices. objectives of EU environmental law 4 . This applies in particular to:
The main challenges have been selected by taking into Implementing measures for sustainable mobility to account factors such as the importance or the gravity of reduce traffic congestion and air pollution in and the environmental implementation issue in the light of around Luxembourg City. the impact on the quality of life of the citizens, the Phasing out environmentally harmful subsidies.
distance to target, and financial implications.
Points of Excellence
The reports accompany the Communication "The EU
Environmental Implementation Review 2016: Common Where Luxembourg is a leader on environmental challenges and how to combine efforts to deliver better implementation, innovative approaches could be shared results", which identifies challenges that are common to more widely with other countries. A good example is:
several Member States, provides preliminary conclusions
on possible root causes of implementation gaps and
Luxembourg is the best performer in the EU in terms of resource productivity, i.e. how efficient the
proposes joint actions to deliver better results. It also
groups in its Annex the actions proposed in each country economy uses material resources to produce wealth. report to improve implementation at national level.
There is a strong public support for circular economy and resource efficiency concretized in initiatives such as the SuperDreckskëscht & Fit4Circularity schemes.
1 Communication "Delivering the benefits of EU environmental policies through a regular Environmental Implementation Review"
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union
Environmental Action Programme to 2020 " Living well, within the limits of our planet ".
3 United Nations, 2015. The Sustainable Development Goals
4 This EIR report does not cover climate change, chemicals and energy.
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Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving that industries rely on, reinforcing their interdependency
resource efficiency and substantially reducing waste production.
Figure 1: Resource productivity 2003-15 9
The 2015 Circular Economy Package emphasizes the need to move towards a lifecycle-driven ‘circular’ economy, with a cascading use of resources and residual waste that is close to zero. This can be facilitated by the development of, and access to, innovative financial instruments and funding for eco-innovation.
SDG 8 invites countries to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the sustainable management and efficient use of natural
resources by 2030. The circular economy is high on the agenda of the
Measures towards a circular economy Luxemburgish government. In order to unite all relevant stakeholders and coordinate their actions and sharing
Transforming our economies from linear to circular offers information, an inter-ministerial committee “Strategic an opportunity to reinvent them and make them more group for a circular economy” under the governance of sustainable and competitive. This will stimulate the secretaries of state for economic and environmental investments and bring both short and long-term benefits affairs was set up in 2015. Among those coordinated
for the economy, environment and citizens alike. 5 actions was the organisation of an international
Pressure on material resources is one of the long-term conference in the framework of the 2015 Luxembourg EU trends affecting job creation and growth in the EU. Presidency and the InnovFin Advisory programme on Luxembourg is the best performer in the EU in terms of financing the circular economy. Within BENELUX there is resource productivity 6 , i.e. how efficiently the economy also cooperation on the circular economy
1011 .
uses material resources to produce wealth 7 , with The government has developed a trademark – the
3.389EUR/kg (EU average is 2) in 2015. Figure 1 shows SuperDrecksKëscht– in order to incentivise the citizens that Luxembourg's resource productivity has increased and businesses to better manage their waste, rationalise modestly since 2008 but decreased again since 2011. their resource consumption which paves the way
In 2014, a study 8 found that a circular economy is a towards a more circular model, which appears to be a source of competitive advantage, as it would lead to particularly effective vehicle for the government to increased job opportunities (more than 2,200 jobs in the deliver its messages to the private sphere.
next three years), important cost-savings (EUR 300 The circular economy is also fostered by the government million to EUR 1 billion per year) and less pressure on the through the development of economic activity zones and environment. In addition, embracing a circular economy ‘eco-neighbourhoods’ based on circular principles. These would increase the inflow of secondary raw materials zones promote low-carbon mobility, industrial symbiosis
and collaborative consumption.
Efforts to promote eco-innovation and the circular
5 European Commission, 2015. Proposed Circular Economy Package economy in Luxembourg are mostly led by public-private
6 Resource productivity is defined as the ratio between gross domestic product (GDP) and domestic material consumption (DMC).
7 Eurostat, Resource productivity , accessed July 2016 9 Eurostat, Resource productivity , accessed October 2016
8 Ministry of Economy Luxembourg, 2014. 'Luxembourg as a Knowledge 10 BENELUX, Roundtable 14.12.2015
Capital and Testing Ground for the Circular Economy' 11 Luxembourg Government, Portail de l'environnement .
Luxembourg 6
partnerships and structured around the Luxembourg Ecotargeting SMEs, following the Fit4Digital and Innovation Cluster, LuxInnovation (the national agency Fit4Innovation initiatives. Fit4Circularity is dedicated to for innovation and research), the Ministry of Economy, helping SMEs that are willing to make a more substantial the Ministry of Sustainable Development and commitment to sustainable development practices and Infrastructure and the INTERREG North West Europe to implement a circular economy approach. The (NEW) programme that the latter promotes. objectives are to limit the use of raw materials, maximise
SMEs and resource efficiency the use of renewable sources, develop innovative products and services for sustainable growth, reduce
Small and Medium-sized enterprises (SMEs) are energy consumption and increase reusability. The particularly important for the ‘non-financial business Fit4Circularity programme is designed to support economy’ in Luxembourg, generating approximately 70 % companies in changing their business models from linear of both value added and employment. Their productivity, to circular value propositions.
measured as value added per head, is almost twice the
EU average. Eco-Innovation
The Flash 426 Eurobarometer shows that 44% of the Luxembourg ranks high in the Eco-Innovation Scoreboard
SMEs in Luxemburg have one or more full time employee 2015 as shown in Figure 2. This is a considerable progress working in a green job at least some of the time (EU28 compared to previous years – the country was ranked
average 35%) 12 . 11th in 2011. Luxembourg performs above the EU average in resource efficiency and socio-economic
outcomes.
Figure 2: Eco-Innovation Index 2015 (EU=100) 13
The same survey indicates that around 51% of
Luxembourg's SMEs have invested up to 5% of their annual turnover in resource efficiency actions (EU28 average 50%), 48 % are currently offering green products and services, 50% took measures to save energy (EU28 average 59%), 65% to minimise waste (EU28 average
60%), 43% to save water (EU28 average 44%), and 53% to save materials (EU28 average 54%). From a circular economy perspective, 38% took measures to recycle by reusing material or waste within the company, 14% to design products that are easier to maintain, repair or reuse and 32% were able to sell their scrap material to another company. The resource efficiency actions undertaken have allowed the reduction of production costs in about 30% of Luxembourg's SMEs.
Regarding the good practices, Fit4Circularity is a new support scheme created in 2015 by LuxInnovation and
The main drivers of Eco-Innovation are strong political
12 European Commission, 2015. Flash 426 Eurobarometer "SMEs, support from the government towards eco-innovation,
resource efficiency and green markets" defines "green job" as a job
that directly deals with information, technologies, or materials that sustainable development and the circular economy, to
preserves or restores environmental quality. This requires specialised make the country a global technology hub for ecoskills,
knowledge, training, or experience (e.g. verifying compliance with environmental legislation, monitoring resource efficiency within
the company, promoting and selling green products and services). 13 Eco-innovation Observatory : Eco-Innovation scoreboard 2015
Luxembourg 7
innovation. There is a growing awareness from average) 17 . Figure 3 depicts the municipal waste by
businesses of the economic benefits of a circular treatment in Luxemburg in terms of kg per capita. economy, enabling them to rely on a more stable business model, beneficial to both their competitiveness and their environmental impact. Luxembourg has a Figure 3: Municipal waste by treatment in Luxembourg
strong and comprehensive set of national environmental 2007-14 18
and innovation laws, largely based on EU legislation.
There is a small national market for eco-innovation.
Nevertheless, the local market is flexible, which makes the country an ideal place to test innovative R&D. At the same time, the interdependency of Luxembourg and its geographic neighbours is strong, putting pressure on the demand for housing, services and infrastructures, generating considerable transport flows.
Waste management
Turning waste into a resource requires:
− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc.
− Reducing per capita waste generation and waste generation in absolute terms.
− Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or Figure 4 shows that the recycling of municipal waste in recoverable waste. Luxembourg is 47% (including composting), slightly above SDG 12 invites countries to substantially reduce waste the EU average (44%) in 2014 but showing a minor (1%) generation through prevention, reduction, recycling and decrease since 2013.
reuse, by 2030. Figure 4: Recycling rate of municipal waste 2007-14 19
The EU's approach to waste management is based on the
"waste hierarchy" which sets out an order of priority when shaping waste policy and managing waste at the operational level: prevention, (preparing for) reuse, recycling, recovery and, as the least preferred option, disposal (which includes landfilling and incineration without energy recovery).
The progress towards reaching recycling targets and the
adoption of adequate WMP/WPP 14 should be the key
items to measure the performance of Member States.
This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Although there was a reduction in municipal waste 15
generation in Luxembourg between 2013 and 2014, it remains considerably high compared to the EU average
(616 kg/y/inhabitant 16 compared to around 475 kg on
Incineration accounts for 35% and is above the EU average (27%). The amount of waste landfilled is below
14 Waste Management Plans/Waste Prevention Programmes
15 Municipal waste consists of waste collected by or on behalf of 17 Eurostat, Municipal waste generation and treatment, by type of municipal authorities, or directly by the private sector (business or treatment method
private non-profit institutions) not on behalf of municipalities. 18 Eurostat, Municipal waste and treatment, by type of treatment
16 Transboundary commuters coming to work in Luxembourg (estimated method, accessed October 2016
170 000 people every day) contribute significantly to this high figure. 19 Eurostat, Recycling rate of municipal waste , accessed October 2016
Luxembourg 8
the EU average (18% compared to 28%) 20 . Luxembourg is
on a good path towards meeting the 2020 target of 50%
recycling of municipal waste 21 , but additional efforts will be needed to reach the 65% recycling target for 2030 22 .
Full implementation of the existing legislation could create more than 200 jobs in Luxembourg and increase the annual turnover of the waste sector by EUR 24 million. Moving towards the targets of the Roadmap on
resource efficiency 23 , could create over 400 additional
jobs and increase the annual turnover of the waste sector
by over EUR 45 million 24 .
Suggested action
• Implement existing policies, including economic instruments (e.g. Pay As You Throw schemes), to promote prevention, make reuse and recycling more
economically attractive 25 .
• Shift reusable and recyclable waste away from incineration by gradually phasing out subsidies to incineration / introducing incineration tax.
20 This figure is expected to further diminish as of 2015 due to closure of one of the two landfills.
21 Member States may choose a different method than the one used by
ESTAT (and referred to in this report) to calculate their recycling rates and track compliance with the 2020 target of 50% recycling of municipal waste.
22 European Union, Proposal for a Directive on the landfill of waste,
COM/2015/0594 & European Union, Proposal for a Directive amending Directive 2008/98/EC i on waste, COM/2015/0595
23 which outlines how we can transform Europe's economy into a sustainable one by 2050
24 Bio Intelligence service, 2011. Implementing EU Waste legislation for
Green Growth , study for European Commission. The breakdown per country on job creation was made by the consultant on Commission demand but was not included in the published document.
25 According to the Luxembourgish authorities, the Act of 21 March
2012 foresees the implementation of the polluter pays principle by various taxes depending on the real quantity of waste generated (to be measured by weight or by volume). The municipalities are continuously following up the implementation of these measures. Besides the purely economic instruments, the Government is working on a system which is accepted by the society, and provides high quality separate collection of different types of materials.
Luxembourg 9
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity both in land and at sea, should be the key items to
measure the performance of Member States. The EU Biodiversity Strategy aims to halt the loss of
biodiversity in the EU by 2020, restore ecosystems and By early 2016, 27.03% of the national land area of their services in so far as feasible, and step up efforts to Luxembourg is covered by Natura 2000 (EU average avert global biodiversity loss. The EU Birds and Habitats 18.1%), with 18 SPAs designated under the Birds Directives aim at achieving favourable conservation Directive covering 16.1% (EU average 12.3%) and 48 SCIs status of protected species and habitats. designated under by the Habitats Directive covering
SDG 14 requires countries to conserve and sustainably 16.02 % (EU average 13.8%).
use the oceans, seas and marine resources, while SDG 15 The latest assessment of the SCIs part of the Natura 2000 requires countries to protect, restore and promote the network shows that there are only two minor issues as sustainable use of terrestrial ecosystems, sustainably regards designation and that the network is largely
manage forests, combat desertification, and halt and complete 28 as shown in Figure 5 29 .
reverse land degradation and halt biodiversity loss. Figure 5: Sufficiency assessment of SCI networks in
The 1992 EU Habitats Directive and the 1979 Birds Luxembourg based on the situation until December Directive are the cornerstone of the European legislation 2013 (%) 30
aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.
Habitats Directive whereas Special Areas of Protection (SPAs) are designated pursuant to the Birds Directive; figures of coverage do not add up due to the fact that some SCIs and SPAs overlap. Special Areas of Conservation (SACs) means a SCI designated by the Member
The adequate designation of protected sites as Special States. 28
Ares of Conservation (SAC) under the Habitats Directive For each Member State, the Commission assesses whether the species and habitat types on Annexes I and II of the Habitats
and as Special Protection Areas (SPA) under the Birds Directive, are sufficiently represented by the sites designated to
Directive is a key milestone towards meeting the date. This is expressed as a percentage of species and habitats for
objectives of the Directives. The results of Habitats which further areas need to be designated in order to complete the
Directive Article 17 and Birds Directive Article 12 network in that country. A scientific reserve is given when further research is needed to identify the most appropriate sites to be added
reports 26 and the progress towards adequate Sites of for a species or habitat. The current data , which were assessed in
Community Importance (SCI)-SPA and SAC designation 27 2014-2015, reflect the situation up until December 2013.
29 The percentages in Figure 5 refer to percentages of the total number of assessments (one assessment covering 1 species or 1 habitat in a
26 The core of the ‘Article 17’ report is assessment of conservation given biographical region with the Member State); if a habitat type or
status of the habitats and species targeted by the Habitats Directive. a species occurs in more than 1 Biogeographic region within a given Article 12 of the Birds Directive requires Member States to report Member State, there will be as many individual assessments as there about the progress made with the implementation of the Birds are Biogeographic regions with an occurrence of that species or Directive. habitat in this Member State.
27 Sites of Community Importance (SCIs) are designated pursuant to the 30 European Commission internal assessment.
Luxembourg 10
All SCIs have been designated as SACs under Article 4(4) of the Habitats Directive. The adoption of conservation measures for the sites was lagging behind, but the
process of establishing management plans for all sites Furthermore, 29% are considered to be unfavourablehas been considerably accelerated in 2015. In 2015, the inadequate 33 (EU27: 47%) and 46% are unfavourable-bad Ministry for Sustainable Development and Infrastructure (EU27: 30%). As for the species, 19% of the assessments launched a national communication campaign on Natura were favourable in 2013 (EU27: 23%) 41% at 2000, with the aim of improving public awareness on and unfavourable-inadequate (EU27: 42%) and 34% acceptance of Natura 2000. The financing of the unfavourable-bad status (EU27: 18%). This is depicted in conservation measures has been carefully framed in an Figure 6 34 .
updated Priority Action Framework (PAF). Around 9% and 19% of the unfavourable assessments
According to the latest report on the conservation status respectively for species and habitats were showing a of habitats and species covered by the Habitats positive trend in 2013. Biodiversity-rich habitats such as
Directive 31 , 25% of the habitats' biogeographic wetlands, dry meadows and extensively used orchards
assessments were favourable in 2013 (EU27: 16%). have seriously declined over the past 30 years providing
Figure 6: Conservation status of habitats and species in clear evidence of a rampant homogenisation of
Luxembourg in 2007/2013 (%) 32 landscapes. Generally, biodiversity is in a better conservation status in forests than in open,
predominantly agricultural and aquatic ecosystems.
Figure 7 shows that as far as birds are concerned, 39% of the breeding species showed short-term increasing or stable population trends (for wintering species this figure was 34%).
33 Conservation status is assessed using a standard methodology as
being either ‘favourable’, ‘unfavourable-inadequate’ and 31 The core of the ‘Article 17’ report is the assessment of conservation ‘unfavourable-bad’, based on four parameters as defined in Article 1
status of the habitats and species targeted by the Habitats Directive. of the Habitats Directive.
32 These figures show the percentage of biogeographical assessments in 34 Please note that a direct comparison between 2007 and 2013 data is
each category of conservation status for habitats and species (one complicated by the fact that Bulgaria and Romania were not covered assessment covering 1 species or 1 habitat in a given biographical by the 2007 reporting cycle, that the ‘unknown’ assessments have region with the Member State), respectively. The information is strongly diminished particularly for species, and that some reported based on Article 17 of the Habitats Directive reporting - national changes are not genuine as they result from improved data / summary of Luxembourg monitoring methods.
Luxembourg 11
Figure 7: Short-term population trend of breeding and Green Infrastructure
wintering bird species in Luxembourg in 2012 (%) 35
The EU strategy on green infrastructure 38 promotes the
incorporation of green infrastructure into related plans and programmes to help overcome fragmentation of habitats and preserve or restore ecological connectivity, enhance ecosystem resilience and thereby ensure the continued provision of ecosystem services.
Green Infrastructure provides ecological, economic and social benefits through natural solutions. It helps to understand the value of the benefits that nature provides to human society and to mobilise investments to sustain and enhance them.
The intensification of agricultural practices, urban and suburban development and an increased density of transportation infrastructure are the main driving forces affecting biodiversity in Luxembourg. While the overall status of biodiversity is still difficult to assess, national
red lists 36 , landscape statistics and monitoring of selected
species often show negative trends.
A methodological guide for the implementation of the EU initiative on Mapping and Assessment of Ecosystems and their Services (MAES) in Luxembourg was completed in
March 2014. Based on this guide, 12 ecosystem services 37 Conserving and restoring Green and Blue Trails is a were prioritised and mapped by the end of 2014. An priority for Luxembourg, to be achieved through: update of the Habitat Quality Mapping (ecosystem identifying and protecting core sites; restoring ecological assessment with a methodology developed for the corridors through the construction of wildlife crossings restoration of ecosystems using fine scale datasets) and and through better planning of urban development the Ecosystem Services Mapping is ongoing. (Plans sectoriels).
Suggested action The National Nature Protection Plan (PNPN2) aims at the protection, conservation and reconstruction of terrestrial
• Complete the SAC designation process and put in place and aquatic migration corridors, which are affected by clearly defined conservation objectives and the urbanization and habitat fragmentation. It provides for necessary conservation measures for the sites and biodiversity contracts as a core biodiversity enhancing provide adequate resources for their implementation measure. About 5,000 ha are managed under biodiversity in order to maintain/restore species and habitats of contracts and buffer and core areas have been identified. community interest to a favourable conservation status The National Nature Protection Plan includes further across their natural range. programmes for the restoration of 15% of wetlands,
• Ensure that the Rural Development Programme favours semi-open landscapes and dry grasslands, as well as for biodiversity measures and contribute to achieving a reducing landscape fragmentation. However, measures favourable conservation status of habitats and species. taken so far have not been sufficient to halt the loss of • Avoid further habitat fragmentation and take measures such habitats and landscape fragmentation
39 .
to restore connectivity. River restoration and natural flood risk management
measures constitute important aspects in green
35 Article 12 of the Birds Directive reporting - national summary of infrastructure. Luxemburg aims at coordinating measures
36 The IUCN Red List is the world's most comprehensive inventory of the global conservation status of biological species. It is set upon precise 38 European Union, Green Infrastructure — Enhancing Europe’s Natural
criteria to evaluate the extinction risk of thousands of species. Capital, COM/2013/0249
37 Ecosystem services are benefits provided by nature such as food, 39 Luxembourg: contribution to the mid-term review of the EU
clean water and pollination on which human society depends. biodiversity strategy to 2020 based on the 5th national report to CBD
Luxembourg 12
identified in flood risk management plans and in river basin management plans. Such projects reflect win-win situations, where river restoration yields a better flood risk prevention and substantially improves the ecological and hydromorphological status of the water body. They also become of increasing importance in the context of adaptation strategies to climate change. The latter will especially impact rainfall patterns with more abundant rainfall during the winter months whereas the summer months will be drier but with a higher frequency of extreme precipitations. Currently, Luxemburg has launched initial studies with the aim of realizing a river restoration project of 22km of the Alzette river and thereby addressing one of the most populated flood plains in the country. This project will be a showcase for new ways of dealing with green infrastructure in densely populated areas.
Soil protection
The EU Soil Thematic Strategy highlights the need to ensure a sustainable use of soils. This requires the prevention of further soil degradation and the preservation of its functions, as well as the restoration of
degraded soils. The 2011 Road Map for Resource Artificial land cover is used for settlements, production
Efficient Europe, part of Europe 2020 Strategy provides systems and infrastructure. It may itself be split between that by 2020, EU policies take into account their direct built-up areas (buildings) and non-built-up areas (such as and indirect impact on land use in the EU and globally, linear transport networks and associated areas). and the rate of land take is on track with an aim to The annual land take rate (growth of artificial areas) as achieve no net land take by 2050. provided by CORINE Land Cover was 0.32% in SDG 15 requires countries to combat desertification, Luxembourg over the period 2006-12, below the EU restore degraded land and soil, including land affected by average (0.41%). It represented 75 hectares per year and desertification, drought and floods, and strive to achieve was mainly driven almost exclusively by the construction a land-degradation-neutral world by 2030. sector
41 .
In terms of the percentage of built up land, Luxembourg
Soil is an important resource for life and the economy. It is the 4th worst in the EU with around 2.7% in 2012 42 .
provides key ecosystem services including the provision
of food, fibre and biomass for renewable energy, carbon The soil water erosion rate in 2010 was 2.09 tonnes per sequestration, water purification and flood regulation, ha per year, close to EU-28 average (2.46 tonnes)
43 .
the provision of raw and building material. Soil is a finite There are still not EU-wide datasets enabling the and extremely fragile resource and increasingly provision of benchmark indicators for soil organic matter degrading in the EU. Land taken by urban development decline, contaminated sites, pressures on soil biology and and infrastructure is highly unlikely to be reverted to its diffuse pollution. An updated inventory and assessment natural state; it consumes mostly agricultural land and of soil protection policy instruments in Luxembourg and increases fragmentation of habitats. Soil protection is other EU Member States is being performed by the EU indirectly addressed in existing EU policies in areas such Expert Group on Soil Protection.
as agriculture, water, waste, chemicals, and prevention of industrial pollution.
Figure 8 shows the different land cover types in
Luxembourg in 2012.
41 European Environment Agency Draft results of CORINE Land Cover
Figure 8: Land Cover types in Luxembourg 2012 40 (CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006
artificial land.
42 European Environment Agency, 2016. Imperviousness and 40 European Environment Agency. Land cover 2012 and changes country imperviousness change
analysis [publication forthcoming] 43 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016
Luxembourg 13
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3.Ensuring citizens' health and quality of life
Air quality currently applicable national emission ceilings 46 .
The EU Clean Air Policy and legislation require that air Regarding nitrogen oxides and volatile organic quality in the Union is significantly improved, moving compounds, even if significant emission reductions have closer to the WHO recommended levels. Air pollution been recorded, respectively 34% and 53%, emissions for and its impacts on ecosystems and biodiversity should be these pollutants are still above current ceilings. It should further reduced with the long-term aim of not exceeding be noted that the exceedance of the current ceilings for critical loads and levels. This requires strengthening nitrogen oxides is partly due to the actual driving efforts to reach full compliance with Union air quality emissions of these pollutants from diesel vehicles.
legislation and defining strategic targets and actions At the same time, air quality in Luxembourg continues to beyond 2020. give cause for concern. Nevertheless, for the year 2013,
The EU has developed a comprehensive suite of air the EEA estimated that about 280 premature deaths quality legislation 44 , which establishes health-based were attributable to fine particulate matter
47
standards and objectives for a number of air pollutants. concentrations, 10 to ozone
48 concentration and 80 to
As part of this, Member States are also required to nitrogen dioxide
49
concentrations. 50 This is due also to
exceedances above the EU air quality standards such as
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
ensure that up-to-date information on ambient 46
concentrations of different air pollutants is routinely The current national emission ceilings apply since 2010 ( Directive
made available to the public. In addition, the National 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by Directive (EU) 2016/2284 on the reduction of national emissions of
Emission Ceilings Directive provides for emission certain atmospheric pollutants, amending Directive 2003/35/EC i and
reductions at national level that should be achieved for repealing Directive 2001/81/EC i. 47
main pollutants. Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions.
The emission of several air pollutants has decreased PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
significantly in Luxembourg 45 . Reductions between 1990 micrometres or less. PM is emitted from many anthropogenic sources, including both combustion and non-combustion sources.
and 2014 for sulphur oxides (-90%), and ammonia (-4%) 48 Low level ozone is produced by photochemical action and it is also a ensure air emissions for these pollutants are within the greenhouse gas.
49 NOx is emitted during fuel combustion e.g. from industrial facilities
and the road transport sector. NOx is a group of gases comprising nitrogen monoxide (NO) and nitrogen dioxide (NO2).
44 European Commission, 2016. Air Quality Standards 50 European Environment Agency, 2016. Air Quality in Europe – 2016
45 See EIONET Central Data Repository and Air pollutant emissions data Report . (Table 10.2, please see details in this report as regards the
viewer (NEC Directive) underpinning methodology)
Luxembourg 14
shown in Figure 9 51 . issues 56 . To alleviate this, the EU acquis sets out several
For 2014, exceedances above the EU air quality standards requirements, including assessing the exposure to have been registered for nitrogen dioxide in one air environmental noise through noise mapping, ensuring quality zone (City of Luxembourg). Furthermore, target that information on environmental noise and its effects is values and long-term objectives for ozone made available to the public, and adopting action plans
concentrations 52 are exceeded. with a view to preventing and reducing environmental noise where necessary and to preserving the acoustic
It is estimated that the health-related external costs from environment quality where it is good. air pollution in Luxembourg are above EUR 859
million/year (income adjusted, 2010), which include not Luxembourg's implementation of the Environmental only the intrinsic value of living a full health life but also Noise Directive
57 is delayed. The noise mapping for the
direct costs to the economy. These direct economic costs most recent reporting round, for the reference year relate to 98 thousand workdays lost each year due to 2011, is complete. However, action plans for noise sickness related to air pollution, with associated costs for management for the following period have not been employers of EUR 32 million/year (income adjusted, adopted for any of the agglomerations, major roads, 2010), for healthcare of above EUR 3 million/year major railways or airports within the scope of the (income adjusted, 2010), and for agriculture (crop losses) Directive. of EUR 18 million/year (2010) 53 . Water quality and management
Suggested action
• Maintain downward emissions trends of air pollutants The EU water policy and legislation require that the in order to achieve full compliance with currently impact of pressures on transitional, coastal and fresh applicable national emission ceilings and air quality waters (including surface and ground waters) is limit values - and reduce adverse air pollution impacts significantly reduced to achieve, maintain or enhance on health, environment and economy. good status of water bodies, as defined by the Water
• Reduce non-methane volatile organic compounds Framework Directive; that citizens throughout the Union emissions to comply with currently applicable national benefit from high standards for safe drinking and bathing emission ceilings 54 and to reduce ozone water; and that the nutrient cycle (nitrogen and concentrations. phosphorus) is managed in a more sustainable and • Reduce nitrogen oxide (NO resource-efficient way. x ) emissions to comply with
currently applicable national emission ceilings 55 and/or to reduce nitrogen dioxide (NO 2 ) (and ozone SDG 6 encourages countries to ensure availability and concentrations), inter alia, by reducing transport sustainable management of water and sanitation for all.
related emissions - in particular in urban areas. The main overall objective of EU water policy and
Noise legislation is to ensure access to good quality water in sufficient quantity for all Europeans. The EU water
acquis 58 seeks to ensure good status of all water bodies
The Environmental Noise Directive provides for a across Europe by addressing pollution sources (from e.g. common approach for the avoidance, prevention and agriculture, urban areas and industrial activities), physical reduction of harmful effects due to exposure to and hydrological modifications to water bodies) and the environmental noise. management of risks of flooding.
Excessive noise is one of the main causes of health
56 WHO/JRC, 2011, Burden of disease from environmental noise,
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), World Health Organization, Regional Office for Europe , Copenhagen,
51 Based on European Environment Agency, 2016. Air Quality in Europe Denmark
– 2016 Report . (Figures 4.1, 5.1 and 6.1) 57 The Noise Directive requires Member States to prepare and publish,
52 See The EEA/Eionet Air Quality Portal and the related Central Data every 5 years, noise maps and noise management action plans for
Repository agglomerations with more than 100,000 inhabitants, and for major
53 Based on the Impact Assessment for the European Commission roads, railways and airports.
Integrated Clean Air Package (2013) 58 This includes the Bathing Waters Directive (2006/7/EC); the Urban
54 Under the provisions of the revised National Emission Ceilings Waste Water Treatment Directive (91/271/EEC) concerning
Directive, Member States now may apply for emission inventory discharges of municipal and some industrial waste waters; the adjustments. Pending evaluation of any adjustment application, Drinking Water Directive (98/83/EC) concerning potable water Member States should keep emissions under close control with a quality; the Water Framework Directive (2000/60/EC) concerning view to further reductions. water resources management; the Nitrates Directive (91/676/EEC)
55 Ibid. and the Floods Directive (2007/60/EC)
Luxembourg 15
River Basin Management Plans (RBMPs) are a conform to a ruling of the EU Court of Justice on the requirement of the Water Framework Directive and a implementation of the Directive, however water quality means of achieving the protection, improvement and due to pollution by nitrates (intensive livestock rearing sustainable use of the water environment across Europe. and dairy farming) remains a matter of concern. This includes surface freshwaters such as lakes and rivers,
groundwater, estuaries and coastal waters up to one As regards drinking water, Luxembourg reaches very high
nautical mile. compliance rates of 99-100 % for microbiological, chemical and indicator parameters laid down in the
Luxembourg has provided information to the Commission Drinking Water Directive 65 .
from its second generation of RBMPs. However, as the
Commission has not yet been able to validate this As shown in Figure 10, in 2015, in Luxembourg all 11 information for all Member States, it is not reported bathing waters sites were of excellent quality.
here. Luxembourg shows continued excellent bathing water quality over the years.
In its first generation of RBMPs 59 Luxembourg reported
the status of 102 rivers and 5 groundwater bodies. Only Figure 10: Bathing water quality 2012 – 2015
66
7% of natural surface water bodies achieve a good or
high ecological status 60 and 8% of heavily modified or
artificial water bodies achieve a good or high ecological potential. Around 74% of surface water bodies, 34% of
heavily modified and artificial water bodies 61 and 60% of groundwater bodies achieve good chemical status. 62
Finally, 100% of groundwater bodies are in good
quantitative status 63 .
The main pressures are point sources from urban (and to
a lesser extent industrial) wastewater, diffuse sources 64
from agriculture but also from other drivers, and hydromorphological alterations.
There are certain deficiencies in RBMPs: in particular, the methods for status assessment are not fully developed. A high number of exemptions were applied. The
Programmes of Measures are expected to result in improvement of the ecological and chemical status of
natural surface water bodies by 24% and 5% respectively. With regard to urban waste water treatment, 98.7% of
The planned measures are expected to result in the wastewater load collected is correctly treated as improvement of ecological potential of artificial and regards the secondary treatment requirements of the heavily modified water bodies by 17% and chemical Urban Waste Water Treatment Directive. As regards the status of these bodies by 8%. more stringent treatment that concerns 75.9% of the
In the context of the Nitrates Directive, Luxembourg has collected load only 42% of the load collected is correctly decided to apply mandatory measures on its whole treated in accordance with the Urban Waste Water territory. Measures have been taken in the past years, to Treatment Directive
67 . For this reason, the EU Court of
Justice imposed fines on Luxembourg in 2014. Compliance is now foreseen by end of 2017.
59 Luxembourg has not yet submitted its 2 nd RBMP to the Commission.
60 The estimated investment needs (reported by Good ecological status is defined in the Water Framework Directive,
in terms of the quality of the biological community, the Luxembourg under Article 17 of the Urban Waste Water
hydromorphological characteristics and the psycho- chemical and chemical characteristics.
61 Many European river basins and waters have been altered by human activities, such as land drainage, flood protection and building of 65 Commission's Synthesis Report on the Quality of Drinking Water in
dams to create reservoirs. the Union examining Member States' reports for the 2011-2013
62 Good chemical status is defined in the Water Framework Directive in period, foreseen under Article 13(5) of Directive 98/83/EC i; terms of compliance with all the quality standards established for COM(2016)666 i
chemical substances at European level. 66 European Environment Agency, 2016. European bathing water quality
63 For groundwater, a precautionary approach has been taken that in 2015 , p. 26 comprises a prohibition on direct discharges to groundwater, and a 67 European Commission, Eighth Report on the Implementation Status
requirement to monitor groundwater bodies. and the Programmes for Implementation of the Urban Waste Water
64 Diffuse pollution comes from widespread activities with no one Directive (COM (2016)105 final) and Commission Staff Working
discrete source, e.g. acid rain, pesticides, urban run-off, etc. Document accompanying the report (SWD(2016)45 final ).
Luxembourg 16
Treatment Directive) to reach full compliance with the Luxembourg has allocated EUR 1.170 million (6% of its
Directive are of EUR 101 million 68 . allocation under the ERDF, excluding technical assistance)
Suggested action to sustainable urban development.
• Improve methods for status assessment. In 2013, the number of passenger cars per 1000
• Address in the Water Framework Directive Programme inhabitants was 676 in Luxembourg, well above the EU average (494), and the highest in the EU-28. The share of
of Measures all relevant pressures and implementation
gaps, in particular measures addressing agricultural diesel passenger cars is 66% in Luxembourg, compared to pollution. the EU-average of 41%
72
. Peak-hour congestion in Luxembourg constitutes a major problem, above all in
• Properly assess new modifications of water bodies the City of Luxembourg and on the main surrounding according to article 4(7) of the Water Framework motorways and other roads. According to the Europe’s Directive. Worst Countries for Traffic Congestion in 2014 based on
the amount of hours spent in gridlock, Luxembourg was
Enhancing the sustainability of cities the fourth worst 73 .
The EU Policy on the urban environment encourages cities to implement policies for sustainable urban planning and design, including innovative approaches for urban public transport and mobility, sustainable buildings, energy efficiency and urban biodiversity conservation.
SDG11 aims at making cities and human settlements inclusive, safe, resilient and sustainable.
Europe is a Union of cities and towns; around 75% of the
EU population are living in urban areas. 69 The urban
environment poses particular challenges for the environment and human health, whilst also providing opportunities and efficiency gains in the use of resources.
The Member States, European institutions, cities and stakeholders have prepared a new Urban Agenda for the
EU (incorporating the Smart Cities initiative) to tackle these issues in a comprehensive way, including their connections with social and economic challenges. At the heart of this Urban Agenda will be the development of twelve partnerships on the identified urban challenges,
including air quality and housing 70 .
The European Commission will launch a new EU
benchmark system in 2017 71 .
The EU stimulates green cities through awards and funding, such as the EU Green Capital Award aimed at cities with more than 100,000 inhabitants and the EU
Green Leaf initiative aimed at cities and towns, with However, addressing air pollution (NO between 20,000 and 100,000 inhabitants. 2
) in the region around the City of Luxembourg seems to be on the right track following the replacement of diesel buses and
68 European Commission, Eighth Report on the Implementation Status construction of a tram line (operational in 2017)
and the Programmes for Implementation of the Urban Waste Water Nevertheless, further investments in the area of
Directive (COM (2016)105 final) and Commission Staff Working sustainable mobility and measures to reduce the share of
Document accompanying the report (SWD(2016)45 final ).
69 European Environment Agency, Urban environment diesel passenger cars in the national fleet are needed, in
70 http://urbanagendaforthe.eu/ order to maintain the downward trend in the emissions
71 The Commission is developing an Urban Benchmarking and
Monitoring ('UBaM') tool to be launched in 2017. Best practices
emerge and these will be better disseminated via the app featuring 72 European Automobile Manufacturers Association, 2014. Passenger
the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, Car Fleet Per Capita
Committee of the Regions, Covenant of Mayors and others. 73 INRIX 2015 Traffic Scorecard
Luxembourg 17
and to finally achieve full compliance with the air quality standards.
In Luxembourg large urban projects are designed to incorporate sustainability concepts. A prominent example is Kirchberg, a 365-hectare urban project located in the north-eastern part of Luxembourg City. In order to decentralize from the capital area, other current projects include a Nordstad master plan for the rural area in the north and Belval in the southwest on the border with France. In a region 20 kilometers from Luxembourg
City that was suffering from industrial decline and economic depression, the Belval mixed-use urban renewal project aims to revitalize the industrial wasteland on the brown field of a former steel factory complex through a public-private partnership. The 120- hectare site of Belval is planned for 5,000 inhabitants and
20,000 employees with public investment of almost EUR
1 billion 74 .
International agreements
The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.
Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.
International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the
Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements
(MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.
The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.
Luxembourg has signed and ratified almost all MEAs. It
has signed but not yet ratified the Nagoya Protocol 75 .
74 Worldwatch Institute Europe, 2015. Sustainability of Significant
Urban Projects in Luxembourg ; Belval .
75 Nagoya protocol on access to genetic resources and the fair and
equitable sharing of benefits arising from their utilization to the
Convention on biological diversity
Luxembourg 18
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful Figure 11: Environmental tax revenues as a share of total
subsidies revenues from taxes and social contributions (excluding imputed social contributions) in 2014 80
The Circular Economy Action Plan encourages the use of financial incentives and economic instruments, such as taxation to ensure that product prices better reflect environmental costs. The phasing out of environmentally harmful subsidies is monitored in the context of the
European Semester and in national reform programmes submitted by Member States.
Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.
Luxembourg has seen a steady decreases in its environmental tax revenues share in GDP over the last 10 years, amounting to 1.99% of GDP in 2014 (EU28 average: 2.46% of GDP). Figure 11 shows that environmental tax revenue accounts for 5.23% of total
revenues from taxes in 2014 (EU28 average: 6.35%). 76
This shows a decrease compared to 2013. Energy taxes make up the largest proportion of environmental taxes in
Luxembourg by far, amounting to 1.84% of GDP in 2014.
Revenues from taxation of transport (excluding fuels) made up just 0.14% of GDP in 2014.
Luxembourg’s transport fuel rates are some of the lowest in the EU, not having been modified since January 2007
(diesel) and July 2012 (petrol), although the increase in
VAT from 15% to 17% contributed to increased fuel taxes. The tax rate on diesel fuel is 62% of the petrol tax
rate 77 and this differential does not reflect the respective social costs associated 78 . Consequently, the share of new
registered diesel cars in total cars reached 73% in 2013, An impact of low excise duties on transport fuels is the
being the highest among EU15 & EFTA countries 79 . so-called ‘fuel tourism’, creating traffic congestion and air pollution. A study indicates that, in 2012, the total cost of
In addition, transport taxes in Luxembourg are low in ‘fuel tourism’ amounted to approximately 3.5 billion comparison to other Member States. The vehicle euros per year considering ecological and health negative
registration fee of EUR 50, applied irrespective of vehicle impacts on a national and international level 81 .
type or emissions, is one of the lowest in the EU, and has
no impact on a driver’s choice of vehicle. Circulation The general tax reform, due to take effect in 2017, taxes are particularly low in Luxembourg compared to includes measures to encourage a "sustainable mobility", other countries, not calculated on the basis of emissions, supporting the purchase of green cars, pedelecs and and its transport fuel rates are also amongst the lowest in bicycles. Furthermore, for company cars, the valuation of
the EU. the benefit in kind will be differentiated depending on the CO
2 emissions of the car. The current rate of 1.5% of
80 Eurostat, Environmental tax revenues , accessed October 2016 76 Eurostat, Environmental tax revenues , accessed June 2016 81 This cost clearly prevails over the economic profits that may be 77 European Environment Agency 2016, Environmental taxation and EU associated with these sales (3,5 billion against 2.1 billion euros).
environmental policies . Table 4.3 on p.24 Source: Ermittlung und Bewertung der positiven und negativen
78 Diesel fuel affects local air pollution much stronger than gasoline, Wirkungen des Treibstoffverkaufs unter besonderer Berücksichtigung
primarily due to the higher emissions of particulate matter and negativer externer Umwelt- und Gesundheitseffekte – Status quo
nitrogen oxides per litre. 2012 und maßnahmeninduzierte Veränderungen , Government of
79 European Automobile Manufacturers Association, 2013 data Luxembourg, 25 November 2016.
Luxembourg 19
the commercial value of the car will be replaced with a The Luxembourgish public procurement law formally range of percentages between 0.5% and 1.8%. encourages contracting authorities to make use of tender
Luxembourg has been identified as one of the 12 procedures to promote sustainable development
88 .
Member States which have particular scope for Similarly, the National Plan for Sustainable Development improving the design of their environmentally related adopted in 2010 explicitly sets the objective of promoting taxes 82 . A 2016 study 83 suggests that there is green criteria in public procurement. However, the Plan considerable potential for shifting taxes from labour to does not set any target objectives, specific measures or environmental taxes in Luxembourg. Under a good mandatory criteria to promote GPP. Some guidance is practice scenario 84 , these could generate EUR 0.22 billion provided on criteria that can be required in the terms of in 2018, rising to EUR 0.43 billion in 2030. This is references and links to EU GPP website and toolkit. equivalent to 0.39% and 0.50% of GDP in 2018 and 2030 Guidelines for sustainable construction works are also respectively. According to the study, the largest potential available
89 .
source of revenue could come from the proposed Investments: the contribution of EU funds
amendments to taxes on transport fuels. This accounts for EUR 0.32 billion in 2030, equivalent to 0.37% of GDP.
The next largest contribution to revenue could come European Structural and Investment Funds Regulations from the proposed passenger aviation tax. This accounts provide that Member States promote environment and for EUR 0.03 billion in 2030, equivalent to 0.04% of climate objectives in their funding strategies and GDP. 85 programmes for economic, social and territorial
cohesion, rural development and maritime policy, and
Green Public Procurement reinforce the capacity of implementing bodies to deliver
The EU green public procurement policies encourage cost-effective and sustainable investments in these areas.
Member States to take further steps to reach the target Making good use of the European Structural and
of applying green procurement criteria to at least 50% of Investment Funds (ESIF) 90 is essential to achieve the
public tenders. environmental goals and integrate these into other policy
Green Public Procurement (GPP) is a process whereby areas. Other instruments such as the Horizon 2020, the
public authorities seek to procure goods, services and LIFE programme and the EFSI 91 may also support works with a reduced environmental impact throughout implementation and spread of best practice.
their life-cycle when compared to goods, services and
works with the same primary function that would The total budget for the ESIF is EUR 140 million for the otherwise be procured. period 2014-2020, 20% less compared to 2007-13.
The purchasing power of public procurement equals to Figure 12: European Structural and Investment Funds approximately 14% of GDP 86 . A substantial part of this 2014-2020: Budget Luxembourg by theme, EUR billion
92
money is spent on sectors with high environmental impact such as construction or transport, so GPP can help
to significantly lower the impact of public spending and (COM /2008/400) the Commission recommended the creation of a
foster sustainable innovative businesses. The process for setting common GPP criteria. The basic concept of GPP relies on having clear, verifiable, justifiable and ambitious
Commission has proposed EU GPP criteria 87 . environmental criteria for products and services, based on a life-cycle
approach and scientific evidence base. 88 The amended Law of 25 June 2009 on public procurement provides
that the contracting authorities "shall ensure that, when awarding
82 European Commission, 2015. Tax Reforms in EU Member States 2015 , public contracts, account is taken of the aspects and problems of the
Institutional Paper 008 Sept. 2015, p.91. environment and the promotion of sustainable development". While
83 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, the award is to be made in accordance with the principle of the most
2016. Study on Assessing the Environmental Fiscal Reform Potential economically advantageous tender, environmental characteristics for the EU28. N.B. National governments are responsible for setting are amongst the criteria to be taken into consideration.
tax rates within the EU Single Market rules and this report is not 89 PwC 2016, 'Stock-taking of administrative capacity, systems and
suggesting concrete changes as to the level of environmental practices across the EU to ensure the compliance and quality of taxation. It merely presents the findings of the 2016 study by public procurement involving European Structural and Investment Eunomia et al on the potential benefits various environmental taxes (ESI) Funds' could bring. It is then for the national authorities to assess this study 90 ESIF comprises five funds – the European Regional Development and their concrete impacts in the national context. A first step in this Funds (ERDF), the Cohesion Fund (CF), the European Social Fund respect, already done by a number of Member States, is to set up (ESF), the European Agricultural Fund for Rural Development expert groups to assess these and make specific proposals. (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The
84 The good practice scenario means benchmarking to a successful ERDF, the CF and the ESF together form the Cohesion Policy funds. taxation practice in another Member State. 91 European Investment Bank, 2016 European Fund for Strategic
85 The amounts in this paragraph are expressed in real 2015 terms. Investments
86 European Commission, 2015. Green public procurement 92 European Commission, European Structural and Investment Funds
87 In the Communication “Public procurement for a better environment” Data By Country
Luxembourg 20
Luxembourg does not implement any LIFE integrated project.
Luxembourg has one European Regional Development
Fund (ERDF), one European Agricultural Fund for Rural
Development (EAFRD) and one European Social Fund
(ESF) Operational Programme (OP). It does not have any funding under the European Maritime and Fisheries Fund
(EMFF). Only Thematic Objectives 1 (research, development and innovation) and 4 (shift towards a lowcarbon economy in all sectors) have been selected under the ERDF OP, each having EUR 9.166 million (see Figure
12).
Luxembourg is using loans from the European Investment
Bank (EIB) to finance investments for water and waste infrastructures. Investments in the water sector will also be financed under the EAFRD.
Luxembourg has EAFRD funding of EUR 0.1bn over the period 2014-20. The budget for agri-environmentalclimate measures (AECM) represents 29% of the total
EAFRD and is one of the twelve highest % allocations (EU average is 16.51%). The surface dedicated to agricultural land under contracts for biodiversity (89.2 %) is the highest in the EU.
Direct payments (Pillar 1 CAP 93 ) are the most important
for Luxembourg, and the high choice for Ecological Focus
Areas (EFA) is beneficial for the environment.
It is too early to draw conclusions as regards the use and results of ESIF for the period 2014-2020, as the relevant programme is still in an early stage of its implementation.
Current data suggest that the EU funds for the 2007-2013
period were almost fully spent. 94
93 Pillar 1 is the non-rural development (non-EAFRD) part of the CAP.
94 Final data for the period 2007-2013 will only be available at the end
of 2017.
Luxembourg 21 Luxembourg 22
-
5.Effective governance and knowledge
Capacity to implement rules
SDG 16 aims at providing access to justice and building
effective, accountable and inclusive institutions at all It is crucial that central, regional and local levels. SDG 17 aims at better implementation, improving administrations have the necessary capacities and skills policy coordination and policy coherence, stimulating and training to carry out their own tasks and co-operate science, technology and innovation, establishing and co-ordinate effectively with each other, within a partnerships and developing measurements of progress. system of multi-level governance. Effective governance of EU environmental legislation and The low number of infringement procedures and policies requires having an appropriate institutional complaints/petitions reflects an efficient approach to framework, policy coherence and coordination, applying protection of human health and the environment.
legal and non-legal instruments, engaging with non The transposition of Directives is generally in time, governmental stakeholders, and having adequate levels conformity checking identifies normally only minor
of knowledge and skills 95 . Successful implementation issues. Bad application cases are rare.
depends, to a large extent, on central, regional and local
government fulfilling key legislative and administrative The 2013 European Quality of Government Index puts tasks, notably adoption of sound implementing Luxembourg in fifth place out of the 28 Member States
96
.
legislation, co-ordinated action to meet environmental objectives and correct decision-making on matters such as industrial permits. Beyond fulfilment of these tasks, government must intervene to ensure day-to-day compliance by economic operators, utilities and individuals ("compliance assurance"). Civil society also has a role to play, including through legal action. To underpin the roles of all actors, it is crucial to collect and share knowledge and evidence on the state of the environment and on environmental pressures, drivers and impacts.
Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental Coordination and integration
legislation is fit for purpose. Legislation can only be
properly implemented when it takes into account Legislative competences are with the central experiences at Member State level with putting EU government, which can enact Laws together with the commitments into effect. The Make it Work initiative, a Parliament. For environmental issues, the Ministry for Member State driven project, established in 2014, Sustainable Development and Infrastructure is organizes a discussion on how the clarity, coherence and responsible, together with the Ministry of Home Affairs structure of EU environmental legislation can be and Great Region. Formulating environmental policy and
improved without lowering existing protection standards. drafting legislation, including also on water policies, falls within the competence of the Minister of Environment.
Effective governance within central, regional Impact assessments are important tools to ensure
and local government environmental integration in all government
Those involved in implementing environment legislation policies
97 .The Commission encourages the streamlining
at Union, national, regional and local levels need to be of the environmental assessments to avoid overlaps in equipped with the knowledge, tools and capacity to environmental assessments and accelerate decisionimprove the delivery of benefits from that legislation, making, without compromising the quality of the and the governance of the enforcement process. environmental assessment procedure. The Commission
96
Charron N., 2013. European Quality of Government Index (EQI)
97 Article 11 of the TFEU provides that "Environmental protection
95 The Commission has work ongoing to improve the country-specific requirements must be integrated into the definition and
knowledge about quality and functioning of the administrative implementation of the Union's policies and activities, in particular with systems of Member States. a view to promoting sustainable development."
Luxembourg 23
has issued a guidance document in 2016 98 regarding the Currently, there exist a number of sectoral obligations on
setting up of coordinated and/or joint procedures that inspections and the EU directive on environmental
are simultaneously subject to assessments under the EIA liability (ELD) 104 provides a means of ensuring that the
Directive, Habitats Directive, Water Framework Directive, "polluter-pays principle" is applied when there are and the Industrial Emissions Directive. accidents and incidents that harm the environment.
Compliance assurance There is also publically available information giving insights into existing strengths and weaknesses in each
Member State.
EU law generally and specific provisions on inspections, Figure 13: Environmental compliance assurance
other checks, penalties and environmental liability help lay the basis for the systems Member States need to have in place to secure compliance with EU environmental rules.
Public authorities help ensure accountability of dutyholders by monitoring and promoting compliance and by taking credible follow-up action (i.e. enforcement) when breaches occur or liabilities arise. Compliance monitoring can be done both on the initiative of authorities themselves and in response to citizen complaints. It can involve using various kinds of checks, including inspections for permitted activities, surveillance for possible illegal activities, investigations for crimes and audits for systemic weaknesses. Similarly, there is a range
of means to promote compliance, including awareness For each Member State, the following were therefore raising campaigns and use of guidance documents and reviewed: use of risk-based compliance assurance; online information tools. Follow-up to breaches and coordination and co-operation between authorities and liabilities can include administrative action (e.g. participation in pan-European networks; and key aspects
withdrawal of a permit), use of criminal law 99 and action of implementation of the ELD based on the Commission's
under liability law (e.g. required remediation after recently published implementation report and REFIT damage from an accident using liability rules) and evaluation 105 .
contractual law (e.g. measures to require compliance
with nature conservation contracts). Taken together, all No significant up-to-date information has been found on of these interventions represent "compliance assurance" the organisation and functioning of the environmental as shown in Figure 13. compliance system in Luxembourg. Information is lacking
in particular in relation to the following: Best practice has moved towards a risk-based approach
at strategic and operational levels in which the best mix − data-collection arrangements to track the use and of compliance monitoring, promotion and enforcement is effectiveness of different compliance assurance directed at the most serious problems. Best practice also interventions; recognises the need for coordination and cooperation − the extent to which risk-based methods are used to between different authorities to ensure consistency, direct compliance assurance at the strategic level avoid duplication of work and reduce administrative and in relation to industrial installations as well as burden. Active participation in established pan-European other critical activities, including in specific problemnetworks of inspectors, police, prosecutors and judges, areas highlighted elsewhere in this Country Report, such as IMPEL 100 , EUFJE 101 , ENPE 102 and EnviCrimeNet 103 , i.e. the threats to protected habitat types and is a valuable tool for sharing experience and good species and the pressures on water quality from practices. diffuse sources of pollution and inadequate urban
waste-water treatment systems.
99 European Union, Environmental Crime Directive 2008/99/EC 104 European Union, Environmental Liability Directive 2004/35/CE , p.56
100 European Union Network for the Implementation and Enforcement 105 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This of Environmental Law highlighted the need for better evidence on how the directive is used
101 European Union Forum of judges for the environment in practice; for tools to support its implementation, such as guidance,
102 The European Network of Prosecutors for the Environment training and ELD registers; and for financial security to be available in
103 EnviCrimeNet case events or incidents generate remediation costs.
Luxembourg 24
− how competent authorities in Luxembourg ensure a examine compliance with mandatory public participation targeted and proportionate response to different requirements more systematically at a later stage.
types of non-compliant behaviour, in particular in
relation to serious breaches detected. Access to justice in environmental matters is a set of guarantees that allows citizens and their associations to
The added value of structured mechanisms for challenge acts or omissions of the public administration cooperation between competent authorities has been before a court. It is a tool for decentralised recognised 106 . Currently Luxembourg does not actively implementation of EU environmental law.
participate in the activities of the European networks of For each Member State, two crucial elements for environmental professionals. effective access to justice have been systematically
For the period 2007 to 2013, Luxembourg did not report reviewed: the legal standing for the public, including any instances of environmental damage handled NGOs and the extent to which prohibitive costs represent according to the Environmental Liability Directive. The a barrier.
country does not have mandatory financial security (to Luxemburg generally grants the public, including pay for remediation when an operator cannot) and it is environmental NGOs, an effective access to justice in not evident that insurance is either sufficiently available environmental matters. However, the judicial review or taken out. system in the environmental area is based on rules
Suggested action existing in different environmental legislation and jurisprudence. The absence of a clear set of rules
• Improve transparency on the organisation and regarding the different actions that may be taken by the functioning of compliance assurance and on how public reduce legal certainty and transparency. significant risks are addressed. Furthermore, he main issue in the Luxembourgish legal
• Encourage greater participation of competent system remains the potentially high legal representation authorities in environmental compliance networks. fees, which may prevent the public from bringing
• Step up efforts in the implementation of the environmental cases to the courts. A provision in the
Environmental Liability Directive (ELD) with proactive environmental legislation that the legal costs related to initiatives, in particular by setting up a national register environmental procedures may not be prohibitively of ELD incidents and drafting national guidance. It expensive is missing
107 .
should moreover take further steps to ensure an Suggested action
effective system of financial security for environmental
liabilities (so that operators not only have insurance • Take the necessary measures to ensure that the costs
cover available to them but actually take it up). of legal challenges involving EU environmental law are
not prohibitively expensive, and in line with the
Public participation and access to justice requirements of EU law as well as the Aarhus Convention.
The Aarhus Convention, related EU legislation on public participation and environmental impact assessment, and
the case-law of the Court of Justice require that citizens Access to information, knowledge and
and their associations should be able to participate in evidence
decision-making on projects and plans and should enjoy The Aarhus Convention and related EU legislation on effective environmental access to justice. access to information and the sharing of spatial data
Citizens can more effectively protect the environment if require that the public has access to clear information on they can rely on the three "pillars" of the Convention on the environment, including on how Union environmental Access to Information, Public Participation in Decisionlaw is being implemented.
making and Access to Justice in Environmental Matters It is of crucial importance to public authorities, the public
("the Aarhus Convention"). Public participation in the and business that environmental information is shared in administrative decision making process is an important an efficient and effective way. This covers reporting by element to ensure that the authority takes its decision on businesses and public authorities and active the best possible basis. The Commission intends to dissemination to the public, increasingly through
electronic means.
106 Memoranda of understanding between key enforcement authorities
are used in Luxembourg. See for details 'Comparative Study of
Pressures and Measures in the Major River Basin Management Plans, 107 Jan Darpö, 2013. 'Study on access to justice in environmental
Task 1c Enforcement systems, p. 14-16. matters'
Luxembourg 25
The Aarhus Convention 108 , the Access to Environmental Assessments of monitoring reports 114 issued by
Information Directive 109 and the INSPIRE Directive 110 Luxembourg and the spatial information that together create a legal foundation for the sharing of Luxembourg has published on the INSPIRE geoportal 115
environmental information between public authorities indicate that not all spatial information needed for the and with the public. They also represent the green part of evaluation and implementation of EU environmental law
the ongoing EU e-Government Action Plan 111 . The first has been made available or is accessible. The larger part
two instruments create obligations to provide of this missing spatial information consists of the information to the public, both on request and actively. environmental data required to be made available under The INSPIRE Directive is a pioneering instrument for the existing reporting and monitoring regulations of EU electronic data-sharing between public authorities who environmental law. can vary in their data-sharing policies, e.g. on whether
access to data is for free. The INSPIRE Directive sets up a In the meantime, the actions indicated in the ”INSPIRE geoportal which indicates the level of shared spatial data action plan”, which has been sent to the European in each Member State – i.e. data related to specific Commission together with the 2016 Monitoring & locations, such as air quality monitoring data. Amongst Reporting documents, and aiming at closing the gaps other benefits it facilitates the public authorities' between the INSPIRE roadmap and the situation in reporting obligations. Luxembourg, have been started.
For each Member State, the accessibility of − All the missing INSPIRE metadata sets have been environmental data (based on what the INSPIRE Directive added.
envisages) as well as data-sharing policies ('open data') − A 5 year programme has been launched, aiming at
have been systematically reviewed 112 . fulfilling the roadmap deadlines in terms of
Luxembourg's performance on the implementation of the availability of INSPIRE-compliant datasets, view
INSPIRE Directive as enabling framework to actively services and download services.
disseminate environmental information to the public can In 2016 a considerable effort will be made to make all be improved. Luxembourg has indicated in the 3-yearly datasets available "as is".
INSPIRE implementation report 113 that the necessary
data-sharing policies allowing access and use of spatial Suggested action
data by national administrations, other Member States' • Identify and document all spatial data sets required for administrations and EU institutions without procedural the implementation of environmental law, and make obstacles are available and implemented. Most of the data and documentation at least accessible 'as is' Luxemburg’s spatial data is available at no cost, and to other public authorities and the public through the generally there exists no special legislation detailing any digital services foreseen in the INSPIRE Directive.
limitations or general conditions for their delivery and use. An exception is made for cadastral, topographic and aerial image data for which costs are charged. Although,
Luxembourg does not yet have an official license model for the use and re-use of the data. the very recent open data initiative, linked to the Public Sector Information directive, has contributed to a general opening of many datasets and promotion of Creative Commons licences for data and geo-data created by public authorities.
108 UNECE, 1998. Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters
109 European Union, Directive 2003/4/EC on public access to
110 European Union, INSPIRE Directive 2007/2/EC
111 European Union, EU eGovernment Action Plan 2016-2020 -
Accelerating the digital transformation of government COM(2016) 179 final
112 Upon request by the Commission, most Member States provided an
INSPIRE Action Plan addressing implementation issues. These plans
are currently being assessed by the Commission. 114 Inspire indicator trends
113 European Commission, INSPIRE reports 115 Inspire Resources Summary Report