Universal Periodic Review

Continue efforts to develop and strengthen the necessary legislative frameworks that address cross-sectoral environmental challenges, including climate change adaptation and mitigation frameworks, and ensure that women, children, persons with disabilities, and indigenous and local communities are meaningfully engaged in its implementation

Proponent:

Remarks to progress by Liga (last modified Apr 1, 2025):

A § 8 BMG Commission for dialogue processes between the administration and civil society was newly established in the BMK. This commission promotes the exchange between the administration (represented by the) and organised civil society (represented by the managing directors of Ökobüro and Umweltdachverband). However, a climate protection law and other tangible legal progress are still lacking, which is also clearly criticised by civil society (see e.g. on the website of the climate referendum: https://klimavolksbegehren.at/). On 23 February 2022, the European Commission published a draft directive on „Corporate Sustainability Due Diligence“ (CDSDD, see draft on the European Union website: https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:52022 PC 0071 from=EN). On 1 December 2022, the European Council agreed on its position and on 1 June 2023, the European Parliament will adopt its position, which will be followed by trilogue negotiations between the three institutions (Proposal for a Directive of the European Parliament and of the European Council on corporate due diligence in relation to sustainability and amending Directive (EU) 2019/1937 as PDF: https://data.consilium.europa.eu/doc/document/ST-15024-2022-REV-1/en/pdf). The Federal Ministry of Justice and the Federal Ministry of Labour and Economic Affairs have initiated a good consultation process following the publication of the Commission’s draft directive. The government should again fully involve stakeholders in the future implementation of the directive in Austria.
  It is to be welcomed that the Directive that has been adopted and entered into force includes civil liability and sanctions by public authorities. However, in order for the directive to effectively protect human rights and the environment along global supply chains, access to justice for those affected by rights violations needs to be improved. An important civil society initiative on this topic is „Human rights need laws“ (campaign by the organisation Netzwerk Soziale Verantwortung for a supply chain law in Austria and the EU: https://www.nesove.at/menschenrechte-brauchen-gesetze/).
  On 26 February 2025, the EU Commission presented a package which, according to the Commission, is intended to simplify sustainability rules. Proposed amendments concern the Corporate Sustainability Reporting Directive (CSRD), the EU Taxonomy and the Corporate Sustainability Due Diligence Directive (CSDDD). Although a mere simplification and reduction of redundant and overlapping reporting points was announced, a massive watering down of the CSDDD in important points is now proposed: The erosion of the risk-based approach, as the due diligence obligations would only extend to direct business partners* with a few exceptions; monitoring of due diligence measures would only be carried out every 5 years instead of annually as previously envisaged; deletion of an EU-wide harmonised regulation on civil liability; deletion of the turnover-related minimum maximum penalties for violations; deletion of the obligation to implement climate transition plans, deletion of the possibility of representative actions, etc. (see: here). As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html). Austria has not had a specific climate protection law since 2020, after the previous law expired and was not renewed. Despite growing pressure from civil society initiatives and environmental organisations, there have been no significant reforms to date. Several climate lawsuits have been filed to persuade the government to adopt a more ambitious climate policy, including a prominent lawsuit filed by senior citizens. This lawsuit argues that the government’s inaction is jeopardising their rights to life and health. However, such lawsuits have often been dismissed or delayed without leading to a change in Austria’s climate policy direction. Austria is also part of the European climate legislation framework, the so-called Market Conformity Clause (MCC), and is therefore subject to certain EU regulations. However, these regulations have not yet led to a comprehensive national climate protection law. Initiatives such as Fridays for Future and other movements continue to call for tougher policies and concrete measures to achieve the climate targets.   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html). The Climate Council, consisting of 100 people living in Austria, was set up by the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (BMK) on the occasion of the climate referendum. From January to June 2022, the Climate Council held several meetings and presented its recommendations (further information is available on the Climate Council’s website: https://klimarat.org/). However, no concrete legislative proposals resulted from the Climate Council’s activities.   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).