Austria vows legal action as EU angers activists with ‘green’ label for nuclear energy

Issued on: 02/02/2022 – 15:46

Brussels has taken more than a year to decide if gas and nuclear energy should count as green investments in the EU’s taxonomy, an investor rulebook designed to help raise massive amounts of private capital to meet EU climate change targets.

In final rules published on Wednesday, gas power plants would be labelled green this decade if they emit less than 270g of CO2 equivalent per kWh, or have annual emissions below 550kg CO2e per kW over 20 years.

That could include gas plants with relatively high CO2 emissions today, provided they switch to low-carbon gas or reduce their running hours in later years.

Gas plants must switch to run on low-carbon gases by 2035. A requirement in a previous draft, for plants to start switching in 2026, was dropped.

New nuclear plants must receive construction permits before 2045 to get a green investment label, and be located in a country with a plan and funds to safely dispose of radioactive waste by 2050.

“We’re setting out how gas and nuclear could make a contribution in the difficult transition to climate neutrality,” EU financial services chief Mairead McGuinness said.

“We’re putting in place strict conditions for their inclusion in the taxonomy,” he added.

Austria vows legal action

The rules, which arrive as Europe grapples with surging energy prices and concerns about its reliance on imported Russian gas amid political tensions over Ukraine, have faced opposition on multiple fronts, including from campaigners, the EU’s expert advisers, some investors and countries. 

The acrimonious debate reflects broader divisions among governments over the path to meet the EU’s goal of net zero emissions by 2050.

EU countries and the European Parliament have four months to potentially block the rules, which could be done by a super-majority of 20 out of the 27 EU countries – a threshold seen as unlikely – or a majority of lawmakers.

Green EU lawmakers said on Wednesday they would campaign for the 353 votes needed to block the proposal, and already had roughly 250.

The Austrian government on Wednesday repeated its threat to take legal action over the proposed green label for nuclear power, which Environment Minister Leonore Gewessler described as “irresponsible”.

“We will prepare all legal steps in the next weeks, and if or when the taxonomy takes effect, we will file legal action at the European Court of Justice,” Gewessler told reporters, adding that Luxemburg had already said it would join the legal complaint.

Gewessler described nuclear energy as “outdated” and “too expensive” and highlighted safety concerns and the uncertainty of how to deal with nuclear waste, calling the taxonomy “a greenwashing programme for nuclear energy and fossil fuels”.

While opponents cite concerns over nuclear waste disposal, pro-nuclear states including France say the CO2-free energy source is crucial to meet climate targets.

Gas is similarly divisive, with Poland and Bulgaria among the states that say gas investments should be encouraged to phase out more-polluting coal. Denmark, Ireland and others say labelling the fossil fuel as green would undermine the EU’s leadership in fighting climate change.

(FRANCE 24 with REUTERS)