Environmental Impact Assessment (EIA)
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The Environmental Impact Assessment (EIA) is defined in the Law of 15 May 2018, as amended, on the assessment of environmental impacts, also known as the 'EIA law' (loi modifiée du 15 mai 2018 relative à l’évaluation des incidences sur l’environnement – loi EIE). The aim of the EIA is to transparently and objectively identify, describe and assess the following, at an early stage of the planning process:
- the project's main impacts on public health, fauna and flora, soil, water, air, climate, landscape, and cultural heritage; and
- how these factors interact with each other.
The EIA is the preferred option when it comes to applying the precautionary principle in environmental matters. As part of EIA procedure, reasonable alternative solutions should be analysed, and appropriate impact avoidance, mitigation and offset measures should be proposed. Its purpose is to promote the incorporation of environmental aspects at an early stage of the project design process.
The EIA is an EU-harmonised assessment procedure and requires, among other things, that:
- an environmental impact assessment report (hereinafter 'assessment report') be produced by the project owner;
- the information provided in the assessment report be reviewed by the competent authority;
- the public be informed about and involved in the process;
- reasoned conclusions be issued by the competent authorities.
The assessment report should contain at least the following information:
- a description of the project, including information about the site, and information on the design, dimensions and other relevant features of the project;
- a description of the project's main probable impacts on the environment;
- a description of the project's features and/or the measures envisaged to avoid, prevent or mitigate and, where possible, offset the main probable negative impacts on the environment;
- a description of the reasonable alternative solutions that have been reviewed by the project owner, considering the nature of the project and its specific features, as well as the main reasons for choosing those solutions, in light of the project's environmental impact;
- a non-technical summary of all the information provided;
- any additional information, depending on the specific features of a particular project or type of projects as well as information on the environmental components that could be impacted.
Who is concerned
Who is concerned
In Luxembourg, the Minister for the Environment is the competent authority for EIA-related matters.
The project owner – i.e. the private- or public-sector entity that initiated the project – must submit the documents specified in the EIA law, one of which is the assessment report.
To ensure that the assessment report is adequately prepared and comprehensive in scope, the project owner must have it prepared by accredited specialists. See here for a list of accredited specialists.
Note: public consultations for projects that are subject to an EIA procedure are held on the National Portal for Public Inquiries (Portail national d’enquêtes publiques).
Projects concerned
The types of projects that are subject to an EIA procedure by default are listed in the Grand Ducal Regulation of 15 May 2018, as amended, establishing the list of projects that are subject to an environmental impact assessment, and specifically in:
- Annex I: Projects subject to an EIA by default;
- Annex II: Projects subject to an EIA when predefined thresholds and criteria are met.
Other types of projects are subject to an EIA only if the competent authority deems it necessary, based on the outcome of preliminary verifications. These projects are listed in:
- Annex III: Projects subject to an EIA on a case-by-case basis when predefined thresholds and criteria are met;
- Annex IV: Projects subject to an EIA on a case-by-case basis.
How to proceed
Preliminary verifications (projects which are not subject to an EIA by default)
For projects that are not subject to an EIA by default, the project owner, or their engineering office, must submit to the relevant department of the Ministry of the Environment, Climate and Biodiversity (Ministère de l’Environnement, du Climat et de la Biodiversité) a file containing enough information for an assessment to be made as to whether an EIA is necessary.
The file that should be submitted for the preliminary verifications ('screening') should contain the following information:
- a description of the physical characteristics of the project as a whole and, if applicable, any demolition works;
- a description of the project's location, with particular focus on the environmental sensitivity of the geographical areas that are likely to be affected;
- a description of the environmental components that are most likely to be significantly affected by the project;
- a description of all the main impacts that the project is likely to have on the environment – insofar that such information is available – e.g. expected residues and emissions, waste generation, and use of natural resources, especially soil, land, water and biodiversity.
In addition, when compiling this information, the criteria set out in Annex III of the EIA law should be taken into account.
Should an EIA be deemed necessary, the competent authority will, first of all, consult with other authorities whose remit covers specific aspects of the factors to be analysed. Then, in a subsequent step known as 'scoping', the competent authority will issue an opinion on the scope and level of detail of the information to be provided by the project owner in the assessment report.
Opinion on the level of detail of the information to be provided in the assessment report
For projects that are subject to an EIA by default, the project owner must submit to the competent authority the same information that is required for the purpose of the 'preliminary verifications' so that the competent authority can issue an opinion on the scope and level of detail of the information to be provided in the assessment report.
Before issuing its opinion, the competent authority will consult with other authorities whose remit covers specific aspects of the factors to be analysed, which will be established based on the nature of the project and its potential environmental impacts.
Opinion on the assessment report
The project owner must submit their assessment report to the competent authority for its opinion. Upon receiving the project owner's assessment report, the competent authority will consult with other authorities whose remit covers specific environmental aspects.
Once it has ensured that the assessment report contains all the required information, the competent authority will issue an opinion on the assessment report, incorporating the opinions of the other authorities that it consulted with.
If the competent authority determines that the assessment report does not contain all the required information, it will include in its opinion a request for the project owner to provide additional information in its assessment report. In that case, the project owner will have to resubmit the entire file to the competent authority for its opinion.
Informing and involving the public
If the competent authority determines that the assessment report is complete, it will organise the public consultation.
The public consultation process is set in motion by the publication of a notice in 2 daily newspapers. This notice must specify:
- the purpose of the application; and
- the assessment report's publication date, the deadlines for receiving comments, and the website – in this case, the National Portal for Public Inquiries – and the authorities where the information can be viewed.
Any member of the public affected by the project will have 30 days to obtain information and submit comments.
Reasoned conclusion
Following the public consultation process, the competent authority will issue its reasoned conclusions on the project's main environmental impacts. The competent authority's reasoned conclusions must be included in any subsequent environment-related permits (nature conservation, classified establishments, water, etc.).
Document submissions
The documents that are required at each phase of the EIA procedure must be submitted to the Ministry of the Environment, Climate and Biodiversity online, using an online assistant on MyGuichet.lu (see the 'Online services and forms' section).
This procedure can be filed from a MyGuichet.lu private or business eSpace. This procedure requires a LuxTrust product or an electronic identity card (eID).
Online services and forms
Who to contact
Ministry of the Environment, Climate and Biodiversity Environmental Impact Assessment Directorate
- Address:
- 4, place de l’Europe L-1499 Luxembourg
- Email address:
- secretariatd3@mev.etat.lu
Related procedures and links
Links
Further information
sur emwelt.lu - le portail de l’environnement
Legal references
-
Loi modifiée du 15 mai 2018
relative à l’évaluation des incidences sur l’environnement
-
Règlement grand-ducal modifié du 15 mai 2018
établissant les listes de projets soumis à une évaluation des incidences sur l’environnement
