EU renaturation

Chancellor declares Gewessler not authorized

Climate Protection Minister Leonore Gewessler and Federal Chancellor Karl Nehammer

(Bild: APA/Tobias Steinmaurer)

Karl Nehammer (ÖVP) has informed the Belgian Presidency of the EU Council that it would be illegal for the Green Climate Protection Minister Leonore Gewessler to approve the EU renaturation. Austria's previously announced abstention must be maintained, otherwise an action for annulment will be brought before the ECJ.

However, the Belgian EU Presidency saw the matter somewhat differently. "On our side, the minister present in the room will vote, that's how it works," said the responsible Belgian minister Alain Maron (Belgian Greens) on Monday before the meeting in Luxembourg. "For the rest, this is an internal Austrian controversy that is none of my business." He added that this had been checked and that it was legal to hold a vote on the renaturation law on Monday.

The Federal Chancellery pointed out on Monday that there is an "upright negative opinion from the federal states and the necessary agreement between the federal ministries concerned is lacking". Therefore, as in other states, "the conditions for approval of the present draft are not met".

Climate Protection Minister Leonore Gewessler and Federal Chancellor Karl Nehammer

(Bild: APA/Tobias Steinmaurer)

According to the Federal Chancellery, such an action for annulment would have to be brought by the responsible member of government, in this case probably Constitutional Minister Karoline Edtstadler (ÖVP). A decision by the Council of Ministers and thus the consent of the Greens would not be necessary.

I would therefore like to emphasize that the Austrian Federal Minister for Climate Protection, Leonore Gewessler, may not give her consent to the EU renaturation, as she is not entitled to oblige the Republic to do so according to Art. 16 para. 2 TEU.

Bundeskanzler Karl Nehammer

"Today I am addressing you against the background of the current domestic political developments in Austria," began the letter, which Nehammer addressed to the Belgian Prime Minister, Alexander De Croo. The subject of the letter is the draft EU renaturation law, which is scheduled to be adopted during the Council meeting on the environment in Luxembourg on Monday.

This is what the letter looked like:

(Bild: Bundeskanzleramt)

"The Republic of Austria has already declared that it will abstain from voting," the chancellor continued. "I would therefore like to emphasize that the Austrian Federal Minister for Climate Protection, Leonore Gewessler, may not give her consent to the EU renaturation, as she is not entitled to oblige the Republic to do so according to Art. 16 para. 2 TEU," Nehammer wrote.

To place oneself above the constitution and above laws is a new dimension. This must and will have legal consequences.

Verfassungsministerin Karoline Edtstadler

Coalition disputegrows
 The EU renaturation law will be the focus of the meeting of EU environment ministers in Luxembourg on Monday. Gewessler announced on Sunday that he would vote in favor of the EU renaturation law, thereby forcing a coalition rift. The ÖVP and the Greens disagree on the extent to which Gewessler would have to reach agreement with the federal states and the Ministry of Agriculture. Gewessler "is deliberately breaking the constitution and the law", Edtstadler said on Sunday. Irrespective of the matter at hand, "the law must remain the law. Ideology must never take precedence over the law," said Edtstadler. "Putting yourself above the constitution and above the law is a new dimension. This must and will have legal consequences."

On Monday, ahead of the EU environment ministers' meeting, Gewessler pleaded with his coalition partners to "disarm their words". She did not expect the ÖVP to end its cooperation with the Greens, she said on Ö1's "Morgenjournal" program. "I also do not expect a ministerial indictment. My agreement is in accordance with the law." The ÖVP recently wanted to wait and see whether there would even be a vote.

What is it about?

• The aim of the EU Restoration Act is "to restore damaged ecosystems in all Member States." This includes, for example, the reforestation of forests and the rewetting of areas such as moors.
• All member states must draw up national plans on how to achieve the targets.
• For example, all ecosystems that are in poor condition are to be restored by 2050.

Situation "unclear" atthe moment
A qualified majority for the EU regulation has not yet emerged. There is to be a public debate among the ministers on Monday. It is unclear whether there will be a vote afterwards. Whether or not a vote will actually take place will depend above all on whether the Belgian Council Presidency gains the impression during the debate that a qualified majority (55% of EU member states representing 65% of the population) will be achieved after all. For this to happen, one of the countries that previously wanted to abstain or vote against would have to change its mind. The situation is "unfortunately really unclear at the moment", said Gewessler on Monday morning.

Gewessler: Nature no longer has an inch to breathe
"The majority at European level is by no means certain. This is worrying because this law has been negotiated for months," Gewessler explained at a press conference on Sunday. The law is "currently on a knife-edge" after Hungary recently changed its position. However, it was high time to get the renaturation law underway. "Delay, ambiguity and delaying tactics are convenient, but don't give our nature another centimeter to breathe. I will vote in favor of the most important nature conservation law on Monday. When the vote takes place, the EU can count on an Austrian 'yes'," Gewessler announced.