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Businesses in Luxembourg could be hit with a fine of up to €10,000 if they are found to repeatedly flout legislation introduced at the beginning of this year.
Since the start of 2024 it is prohibited to post or distribute commercial, printed flyers and pamphlets without the recipient's express consent.
The initial fine is set at €74 but reoffenders who continue to drop advertising material in letterboxes run the risk of being hit with a penalty of up to €10,000, according to the wording of the law.
The new law, which forms part of a set of five bills referred to as the circular economy package, was voted in by members of Parliament on 27 April last year in line with Luxembourg's efforts to cut down on littering as well as single-use plastic and food waste.
Since 1 January residents must communicate their wish to receive commercial advertisements. Sending unaddressed postal advertising and informational material will only be permitted if the recipient has given their explicit consent, such as putting a sticker on their letterbox.
"Luxembourg thus reverses the old principle of communication on letterboxes by moving from the "opt-out" system to the "opt-in" system. For unwanted advertisements distributed in letterboxes, a fine of €74 may be imposed, from 1 January 2024. In the event of a repeat offence, the law provides for a fine of up to €10,000," confirmed a spokesperson for the Ministry for Environment, Climate and Biodiversity.
The spokesperson added that the Environment Administration had engaged in discussion with the advertising distributor sectors since last year to monitor the implementation of the law.
Additional communication to other sectors was rolled out in December to warn the professionals concerned of the new requirements.
'Entirely unnecessary'
However, the Amil (Association des Maîtres Imprimeurs du Luxembourg) for its part has expressed disappointed at the publicity ban saying it was "entirely unnecessary" and that they were neither consulted nor listened to ahead of its introduction.
Contesting the environmental reasons behind the law, president of the Amil Jean-Paul Schmitz, argued that the printing sector has become more sustainable: “The manufacturing of smartphones, tablets and other devices in the digital world harms the environment much more than the manufacturing of paper, not to mention recycling.”
"A sheet of DIN A4 paper when recycled comes back 7 to 8 times in the manufacturing and use cycle. Printing technologies as well as raw materials have become sustainable."
Schmitz pointed out that the impact of the ban has been felt among local businesses who relied on this method of advertising.
"Small and medium-sized businesses will no longer be able to publicise, promote or sell their products through printed advertisements in the form of flyers or leaflets. Local businesses are the most affected by this law."
Significant economic impact
According to Bérengère Beffort of the Chamber of Commerce Luxembourg, it is still too early to measure the effect of the ban on small and medium business as well as on Luxembourgish companies.
"This measure is likely to have a significant economic impact on the advertising sector and those who directly depend on it. It is necessary to observe the developments in the different sectors which are affected by this measure in a direct and indirect manner in the coming weeks and months.
"Printing companies will be directly affected by this measure and therefore also potentially jobs. It is still too early to draw general conclusions," she said.
One early casualty of the introduction of the law was the printing press Mediahuis Luxembourg in Gasperich, a facility which was in place since 1978. The company said that 26 employees were affected by the shutting down of operations in July 2022, including a number of highly qualified and experienced printers and mechanics. According to management, at the time the closure was based in particular on early anticipation of the ban.
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