Brussels, 09/04/2001 (Agence Europe) - On Friday, the European Commission sent a motivated opinion to Austria because it did not apply the necessary national legislative provisions to implement Directive 86/278/EEC on the protection of the environment, and notably the soil, during the use of sewage sludge in farming. Commenting on this decision, Margot Wallström, Commissioner for the environment stated: "The quality of our food depends on the high standards in agriculture. I urge Austria to make sure that its legislation fully reflects Community rules on the safe use of sewage sludge". Vienna has two months to conform with this motivated opinion, failure to do so and the Commission could decide to refer to the Court of Justice.
The Directive relating to sewage sludge foresees that the quality of sewage sludge used in agriculture must be checked to avoid the accumulation of heavy metals in the soil and their crossover into agricultural products. In Austria, the legislative competence in terms of controlling the use of these sludge's belongs to the nine Lander. However, some of them have not adopted the correct legislation and others have adopted legislation that does not take into account all the Community requirements. Before the opening, in 1999, of the procedure underway, most of the Lander, except the Land of Salzburg, Tyrol and the Land of Vienna, had implemented specific legislation, but they present serious failings, more specifically in Corinthia.
Following the letter of formal notice sent by the Commission in January 2000 and talks between the Commission and the Austrian authorities, Vienna passed on to the European executive a modification of the legislation concerning Lower Austria and new legislation for the Land of Vienna and Tyrol. However, certain problems remain. The Land of Salzburg, for example, has not always transposed the Directive and, in other Lander, the legislation rarely satisfies all the conditions required. Corinthia, in particular, does not respect the ban on the use of sewage sludge in certain circumstances, nor the obligation to treat them, nor the rules relating to their testing. Styria does not respect the obligation to treat sludge not the provisions relating to their testing. Burgenland does not respect the specific ban on the use of sludge in market garden farming during the growing period.