Environmental protection and licensing: Ensuring sustainable development

Environmental protection is a major concern in modern society. In order to prevent and reduce pollution from facilities, as well as to ensure the safety, health and convenience of the public, neighborhood and staff, laws and regulations have been put in place. This article highlights the objectives of the commodity law and the operating permit to ensure sustainable development.

Objectives of the "commodity" law:

The main objective of the "commodity" law is to achieve the integrated prevention and reduction of pollution from installations. It also aims to protect the safety, health and comfort of the public, the neighborhood and the staff of establishments, as well as the health and safety of workers. Finally, it promotes sustainable development in order to preserve our environment.

Convenience and inconvenience studies:

Before certain decisions are taken, a preliminary study is carried out by the relevant administration, known as a "comfort and inconvenience study". The purpose of this study is to evaluate the advantages and disadvantages of a project for the public. It makes it possible to take into account the interests protected by the law and to anticipate possible consequences.

What is an establishment?

All industrial, commercial or artisanal establishments, whether public or private, as well as related facilities, activities and processes, are subject to the provisions of the "commodity" law. These establishments may present dangers or inconveniences to the interests protected by the law.

##Competent authorities for permits: Class 1 and 3 facilities are licensed by the Minister of the Environment and the Minister of Labor. Class 2 establishments are authorized by the Mayor. Class 1A and 3A establishments are licensed by the Minister of Labor. Finally, class 1B and 3B establishments are licensed by the Minister of the Environment. Class 4 establishments are not authorized, but are subject to the provisions of a Grand-Ducal regulation.

Difference between a class 1 establishment and a class 3A establishment: Class 1 establishments must be authorized by the Minister of the Environment and the Minister of Labor, following a public inquiry. Class 3A establishments, on the other hand, only require a permit from the Minister of Labor, without a public inquiry. This difference depends on the characteristics and potential impact on protected interests.

Nomenclature of Classified Establishments and Criteria:

The Classified Establishments Nomenclature includes different codes for office buildings and cold production facilities. For example, office buildings with a total floor area of less than 4,000 m2 are classified as Class 3, while those with more than 4,000 m2 are classified as Class 1. Similarly, cold production facilities are classified according to their total cooling capacity and the amount of refrigerant used.

The transfer of an installation:

The transfer of an installation requires a full operational application. It is important to note that any significant change to the facility must be considered and properly licensed.

Operating conditions set by the Minister of the Environment:

The permit issued by the Minister of the Environment sets out the conditions of development and operation to protect the human and natural environment. These conditions include measures for the protection of air, water, soil, fauna and flora, noise and vibration control, rational use of energy and waste prevention and management. The Minister may amend or supplement the permit if there is a justified need to do so.

Permits required prior to construction and operation:

Before starting the construction and operation of a classified establishment, it is imperative to obtain all the authorizations required by law. In addition to the authorizations required by the "commodity" law, authorizations from the mayor may also be required under the law on town planning and urban development.

The nature of a real right of authorization:

The "commodity" license has the character of a real right. This means that the license is linked to the location and nature of the establishment. Thus, a classified establishment can be sold to another person without the "commodity" license having to be modified, as long as the new operator continues to operate the same establishment at the same location, with the same equipment and the same activities.

Penal and administrative sanctions:

In the event of non-compliance with the provisions of the "commodity" law, criminal and administrative sanctions may be applied. Criminal sanctions may include imprisonment and fines, as well as closure of the establishment by court order. Administrative sanctions may include suspension of operations, site work, or partial or total closure of the facility, following a formal notice.

The protection of the environment and the authorization to operate are essential elements to guarantee sustainable development. The "commodity" law aims to prevent pollution and to protect the safety, health and convenience of the public and personnel. Establishments are subject to specific authorizations according to their class, and operating conditions are set by the competent authorities. Compliance with these regulations is crucial to ensure the protection of the environment and the sustainability of our industrial and commercial activities.