Renaturation dispute

Renaturation: blockade by the federal states remains in place

Minister Gewessler expressed her frustration at the blockade on Tuesday evening.

(Bild: Screenshot/ORF)

The blockade stance of the federal provinces against the EU renaturation law remains in place for the time being - despite the swing of the two SPÖ-led provinces of Vienna and Carinthia. According to the provincial governors' conference, this is not enough to overturn the existing commitment. Environment Minister Leonore Gewessler (Greens) reacted angrily on Tuesday evening.

Around an hour before Gewessler took her seat in the "ZiB 2" studio to talk about the controversial renaturation law, an explosive letter from the office of the Lower Austrian provincial government - Governor Johanna Mikl-Leitner (ÖVP) is currently leading the provincial governors' conference - had become known. The content: The unified position of the federal states, which prohibits Gewessler from approving the law at the EU Council on June 17th, remains in place - although two states backed out.

Criticism of Ludwig
The Minister criticized this stance as "truly oblivious to the future". She also called the Mayor of Vienna, Michael Ludwig (SPÖ), to account: he should clarify whether the uniform position of the federal states still applies to Vienna. In general, his stance was "not very honest", Gewessler criticized. Because he had previously "cemented the rejection", now he was saying that the "mess" was none of his business, said the Green politician.

In any case, she believes that she is still bound by the uniform opinion of the federal states. However, if this is repealed, Gewessler also intends to vote for the law in the EU Environment Council against the will of her coalition partner ÖVP, she confirmed. According to the ÖVP, such a solo effort is not possible in this matter, the Minister contradicted in "ZiB 2".

According to the law, river courses, such as here in a nature reserve in Belgium, should be restored to a natural state.

(Bild: APA/FRANZISKA ANNERL)

Withdrawal of two countries "too little"
However, the unified stance of the federal states remains unchanged for the time being. Following an initiative by Ludwig and Carinthia's Governor Peter Kaiser (SPÖ), Mikl-Leitner, as the current Chair of the Conference of Provincial Governors, announced that she would begin consultations with the federal states. After obtaining further opinions, Vienna and Carinthia remained alone. According to the view now expressed in a letter, the withdrawal of these two federal states from the existing "unified state opinion" is not enough to cancel the existing commitment.

WWF: Veto refers to outdated draft
The environmental protection organization WWF criticized the "populist and factually incorrect blockade attitude" of the seven federal states. What is needed is "political solidarity" from Vienna, Carinthia and the environment minister for Austria's approval, it said in a statement to krone.at. Vienna in particular must take a clear stance against the provincial veto, which is based on an "outdated draft".

According to the Lower Austrian provincial government, the provinces' "no" to Gewessler's approval in the EU Council still stands.

(Bild: APA/HELMUT FOHRINGER)

Non-unanimous repeal "completely new territory"
Joint decisions by the federal states are binding on Austrian ministers in the EU Council in matters that are a matter for the federal states, such as environmental protection and nature conservation. According to constitutional and administrative law expert Peter Bußjäger, a non-unanimous repeal of such a "uniform state opinion" is "uncharted territory". There is disagreement among experts about the necessary formal requirements.

The Nature Restoration Law provides for more forests to be reforested, moors to be rewetted and rivers to be restored to their natural state. After lengthy negotiations, it was passed in the EU Parliament in a watered-down form that took into account many of the earlier points of criticism, such as a potential threat to food security.

Austria could tip the scales
However, at the end of March, the Belgian Council Presidency removed it from the agenda at short notice at the Council of EU Environment Ministers when a qualified majority (at least 55% of the member states, which also represent at least 65% of the population of the Union) did not emerge before the final approval of the law. Austria, which has so far abstained, could therefore play a decisive role - if the issue is put back on the agenda by the Belgian Council Presidency at the next EU Environment Council in Luxembourg on June 17.