Private Bodies as Public Authorities under International, European, English and German Environmental Information Laws

Th e Aarhus Convention, the Directive 2003/4/EC and national legislation, respectively, give citizens
a right of access to environmental information as held by either public authorities or private
bodies. For such information to be accessible, the body in question must have public responsibilities
or functions or provide public services such as natural gas, electricity, sewerage and water
services etc. Th e United Kingdom (UK) Environmental Information Regulations 2004 (EIRs)
and the federal German Environmental Information Act (EIA), however, provide insuffi cient
defi nitions of the private bodies in question. Th e parallel existence of the EIRs/EIA and Freedom
of Information Acts (FOIAs) in the UK and in Germany adds further complexity to the situation.
Unlike the UK implementation under which there is specifi c guidance which gives relatively
good advice, the situation in Germany is pitiable. A more citizen-friendly solution to these
problems could be the creation of a joint statute. Th is joint statute would provide for a comprehensive
list of covered authorities.