Commodo procedure
The Commodo procedure is an abbreviation in Luxembourg for the Commodo et Incommodo procedure (in the sense of: dt .: Suitable - unsuitable ), which is used to identify the advantages and disadvantages of a planned industrial, commercial or craft project of the public sector or private individuals to weigh up in a public law process z. B. with regard to:
- Pollution prevention and reduction,
- Protection of safety, health or quality of life in the vicinity of the planned project and for the employees and for
- Promoting sustainable development.
This is an operating license or operating facility permit for classified facilities provided for in the law, from which certain effects on people or the environment are expected and with the "Commodo" permit the conditions for the establishment and operation of a facility ( Establishment ) to limit their impact on the environment and to ensure the safety of workers, the public and the neighborhood in general.
It should be noted that the permit is tied to the location of the permit and not to the operator.
Classification and procedure
The different types of facilities or activities are categorized into several classes (1, 2, 3 or 4). The respectively applicable approval procedure determines the scope of the examinations and approvals, etc. Depending on the class, the applications are submitted to
- Environment Agency (Administration de l'environnement) for classes 1, 3 and 3B (Class 4 facilities only need to be reported to the Environment Agency),
- the trade inspection (Inspection du travail et des mines - ITM) for class 3A or
- with the mayor of the respective municipality in class 2,
to submit. Operation may only start after approval has been granted. The conditions imposed in the permit must be observed. A temporary permit may apply for excavation and earthworks on building sites.
The "Commodo" permit does not release from the obligation to obtain all other required permits due to other legal provisions, such as. E.g .: permits in connection with the acquisition of a plot of land or a building, such as B. a building permit or traffic or road permits, water permits, permits for the emission of greenhouse gases, permits in the area of monument protection and others.
Examples
All activities and facilities listed in the directory of classified facilities (Nomenclature et classification des établissements classés) may require approval, including:
- Construction sites: excavation / earthworks, decontamination of contaminated soil, etc .;
- Craft: automotive repair and maintenance workshops, butchers, bakeries, breweries, laundries, printing shops, restaurants, etc .;
- Facilities: office buildings, parking garages, nursing homes, gas stations, swimming pools, etc .;
- Technical facilities and warehouses: incinerators, elevators, electromagnetic wave transmitters, transformer stations, chemical product warehouses, etc.
application
The application is based not only with regard to the different approving authorities, but also with regard to the maximum duration of the procedure, the documents to be attached and the number of copies according to the corresponding classes. Likewise with regard to the public hearing, which forms the actual core of the Commodo et Incommodo proceedings in connection with class 1 or class 2 (in the case of proceedings according to classes 3, 3A and 3B, this is subject to the approval of the respective minister and a hearing not considered necessary).
A simplification of the Commodo procedure has been introduced since July 3, 2017. It is now possible electronically for classes 1, 1A, 1B, 3, 3A and 3B to fill out the application and it should soon be possible to submit it electronically (so-called: e-Commodo ).
special cases
For certain Class 1 facilities, an Environmental Impact Assessment (EIA) and / or risk analysis and a building safety report may be required with regard to workers, the workplace and public safety. If significant effects on people and / or the environment are feared in another country, the application documents will also be sent to this country. The transmission takes place at the latest with regard to the time of the public hearing, so that the authorities of this state or the population concerned have the opportunity to submit a statement (if possible before the decision of the competent authorities is made).
A new permit is required if:
- commissioning has not taken place within the period specified in the approval notice;
- operation was suspended for 3 years in a row;
- the facility was destroyed or put out of operation in an accident.
Appeal
Appeals against a decision by the authorities can be lodged with the administrative court with regard to a decision or the admissibility / inadmissibility of documents. This also applies if the authority does not act.
Web links
- Corporate portal of the government of the Grand Duchy of Luxembourg .
- Loi modifiée du 10 juin 1999 - texte coordonné Etablissements classés (also called Commodo / Incommodo law ).
- Règlement grand-ducal du 10 may 2012 Nomenclature et classification des établissements classés .
Individual evidence
- ↑ See also: IPPC Directive (Integrated Avoidance and Reduction of Environmental Pollution).
- ↑ See Article 1 er . OBJET ET CHAMP D'APPLICATION ( English : purpose and scope) des Loi du 10 juin 1999 relative aux établissements classés.
- ↑ Application for a business permit on guichet.lu.
- ↑ Target group on guichet.lu.
- ^ Classes 1B and 3B - the minister responsible for environmental issues. Class 1A and 3A - the minister in charge of labor. Both of the aforementioned ministers in classes 1 and 3. Classes 1A and 1B were only introduced through the amendment of the law on April 1, 2017.
- ↑ Class 4 facilities are regulated on the basis of the ordinance that applies specifically to them.
- ↑ The following statements in accordance with: Corporate portal of the government of the Grand Duchy of Luxembourg .
- ↑ Address: 1, avenue du Rock'n'Roll, L-4361 - Esch-sur-Alzette, Luxembourg.
- ↑ Address: 3, rue des Primeurs, L-2361 - Strassen, PO Box 27, L-2010 Luxembourg.
- ↑ The following statements in accordance with: Corporate portal of the Government of the Grand Duchy of Luxembourg : If a facility is only to be in operation for a maximum of 2 years (e.g. a construction site), the competent authority can issue a permit for a period of one year, which is extended once without having to go through the hearing procedure (Commodo / Incommodo) again .
- ↑ Form on guichet.lu .
- ↑ Kommodo now available online Luxemburger Wort, June 28, 2017.
- ↑ See: Environmental Impact Assessment (EIA) for certain classified facilities .
- ↑ See: Risk Analysis for Certain Classified Facilities .
- ^ Corporate portal of the government of the Grand Duchy of Luxembourg .
- ↑ Target group on guichet.lu.
- ^ Corporate portal of the government of the Grand Duchy of Luxembourg .
