The latest Commission report shows that only 14 Member States
have fully transposed the Package, over a year after the transposition deadline of 18 April 2016.
This long delay is partially caused by the complexity of the EU legislation. FEAD members are therefore urging the Commission
to issue guidelines on interpreting the exemptions from the public procurement rules and other most problematic provisions so
that contracting authorities do not misinterpret the rules and force private companies to go to court.
Guidance from the Commission would also contribute to
progress towards a more circular economy, which can only be achieved if major changes are made in the use of resources and
the new EU policy measures are properly implemented in all the fields, including public procurement. The private waste and resource management companies play a key role in a circular economy by delivering high quality services, turning waste into resources, protecting the environment and creating jobs.
Preconditions for the private sector to make the necessary investments to deliver these outcomes are clear rules, a
level playing field, and opening up the waste market for increased competition.
Many municipalities in European countries set up waste management companies or inter-municipality cooperation,
not only to collect and treat household waste, but also to
compete on the commercial, industrial and even the EPR markets. These companies or organisations often have directly awarded
contracts, thereby mixing non-commercial and commercial activities within the same company.
There are many examples of unfair competition between the private and public sector, which leads to additional costs and risks for local tax and waste fee payers.