Today a historic decision for Austria was published in Environmental Law: First, the province of Salzburg has the right of action of environmental organizations in fact recognized. The eco-friendly office had requested the Government of Salzburg, as quickly as possible to adopt further measures to reduce nitrogen oxide emissions. Contrary to the usual procedure of Austrian authorities Salzburg has approved the request.
Thomas Alge, CEO of eco-friendly office: "This is a historic, albeit long overdue day for the Austrian Environmental Austria has already committed to joining the Aarhus Convention in 2005 to introduce the NGO right of action on environmental issues until today that is not.. happen. Salzburg with the first time a state has acted within the meaning of NGO action law and our application does not simply shot down as inadmissible. "Also VCÖ sees the decision as a milestone for environmental law in Austria.
In April requested Ökobüro - Alliance of Umweltbewegung- at the Salzburg Provincial Government, as soon as possible further measures to reduce nitrogen oxide to adopt pollution. The environmental organization led her right to do so from the Aarhus Convention, signed by Austria (UN Convention on public participation) and the case law of the European Court of Justice from. Contrary to the usual procedure of Austrian authorities, the province of Salzburg has approved the request. Is seen by Austrian law does not provide that population or environmental organizations have the right to demand action on air pollution or other environmental sins of the administration. As a result of the Salzburg decision to treat the request, eco-friendly office also has the right to examine the decision of court on legality in a row.
The measures taken by Salzburg date has not been to push the nitrogen oxide pollution below the prescribed limits. "Nitrogen oxides are very harmful to health. Excessive nitrogen oxide exposure may lead to lung damage, among other things, as well as asthma and bronchitis. Mainly caused by traffic, particularly trucks and diesel cars," explains VCÖ expert DI Bettina Urbanek. With the expansion of public transport, the promotion of walking and cycling as well as measures such as city-toll, environmental zone and lower speed limits caused by transport to health and environment, however, can be significantly reduced. "Next Steps for air pollution control are essential in Salzburg. We will therefore examine together with eco-friendly office in the next few days the decision exactly why the proposed measures were nevertheless rejected," said VCÖ expert Urbanek.
International pressure on Austria
While rights of action for environmental organizations are in most other EU countries already standard, Austria refused to date the implementation in key areas. Austria was therefore sentenced on 1 July 2014 of the Aarhus Conference of the Parties in Maastricht because of non-implementation.
In June 2014, however, environment minister Andrae Rupprechter known in the Environment Committee of Parliament to swiftly implementing the UN Convention in Austria. In July 2014, the European Commission requested in a pending infringement proceedings Austria on swift implementation of the Aarhus Convention. Otherwise, there is a case before the European Court of Justice. In addition, Austria threatens the EU infringement proceedings for non-compliance of the NOx limits.
