Question (NPOC)

Do the Austrian Electricity Companies fall under INSPIRE?

Answer (EC Inspire Team)

The Austrian Electricity Companies do fall under INSPIRE:

  • they are services related to the environment
  • they are controlled by a body falling under Art. 3(9)a or 3(9)b

The COM(2000) 402 final clearly defines which are the services related to the environment: "These services include those such as gas, electricity, water or transport."

As stated by Austria (NCP) the Austrian Electricity Companies fall under Art. 3(9)a or 3(9)b, therefore they are not "simple" private companies and as far as these companies are managing a utilities service under the control of a public authority (like Energy Regulation Commission) they are covered by INSPIRE. The point was done precisely to cover private companies (like for instance water supply companies in France) acting "on behalf" of public authorities. So in general these private companies in the energy and water supply or in the waste sector are covered.

COM(2000) 402 final
Page 11, concerning the Proposal for a Directive of the European Parliament and of the Council on public access to environmental information
This reads as follows:

"Increasingly, through privatisation and new methods of service delivery, services of general interest in relation to the environment traditionally performed by public authorities are being carried out by bodies which do not form part of the public sector. These services include those such as gas, electricity, water or transport. The result is that in some Member States such services are still performed by public administrations or utilities while in others they are performed by bodies now in the private sector. Those bodies would not come within the definition of “public authority” in the existing Directive 90/313/EEC or in Article 2(2) of the Aarhus Convention."

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