Brussels, 17/04/2014 (Agence Europe) - On Wednesday 16 April, the European Commission decided to take one further step in the infringement procedure under way against Austria which, despite several calls to order, continues to infringe the provisions of the water framework directive (Directive 2000/60/EC). This member state will be brought before the Court of Justice (third stage of the infringement procedure) for its failure to observe its obligation to ensure adequate protection of water quality in the Schwarze Sulm River in Steiermark.
The row centres on a hydroelectric project authorised by the Austrian authorities in 2007. Work on the project began even though an infringement procedure was then underway, on the grounds that the permit for the power plant was not in line with the requirements of the water directive. The Commission fears that it could lead to a serious deterioration of water quality.
In 2009, the Austrian authorities withdrew the controversial authorisation, but the decision was overturned by the Austrian Constitutional Court in 2012, on purely formal grounds. Since the infringement procedure opened in 2013, Austria has admittedly agreed to re-examine the authorisation decision, but the regional authority has since then decided to downgrade the water quality status of the river, claiming that an exemption from the non-deterioration principle was no longer necessary. However, Austria has failed to prove that the hydroelectric power station project demonstrated an overriding public interest - even though this is one of the conditions for being able to apply for a derogation legally. Hence the Commission's decision to take legal action against Austria.
The Water Framework Directive requires member states to protect and restore all ground and surface bodies of water to a “good state” by 2015. Derogations to the obligation upon the member states to implement measures to avoid any worsening of surface water quality can be granted under extremely strict conditions, such as demonstrating that the project is of overriding public interest. (AN)