Yesterday, by Supreme Court ruling, a Waste Act amendment entered into force – one allowing everyone to select a trash carrier while prohibiting local governments from setting their ASBLs as intermediaries for services.
Tallinn defeats Estonia in trash battle
Tallinn, however, will escape the consequences as the city government managed, before the court set forth its judgement, to initiate befitting procurement procedures in the name of Tallinna Jäätmekeskus (Waste Centre) in all 13 districts of waste transport.
«We considered that the procurement procedures will be accompanied by numerous disputes but one thing is certain: the procurements have been arranged so as to have providers of the service in all districts till 2020,» said Tallinn deputy mayor Arvo Sarapuu. «Considering the quality of legislation related to waste treatment, and the shortcomings in Waste Act, we may assume the law will be amended multiple times before 2020.»
Future uncertain
Thus, Tallinn makes an end to a situation with three waste transport systems applied in the 13 districts of the capital.
In two districts in Northern Tallinn, the service is provided by the city-owned Tallinna Jäätmekeskus, the operations of which would now be illegal – as if. In three districts in Lasnamäe, waste transport is «arranged» so as to have waste holders enter into contrast with private enterprises, Ragn-Sells and Ekovir currently employed. Haabersti, Nõmme, Mustamäe, Kristiine, the Old Town, city centre and Pirita are the free-market zone where waste transport is not organised by the city.
According to Mr Sarapuu, Tallinna Jäätmekeskus may continue in the free market situation competing with waste treatment companies involved in the «free market zones».
Loss perhaps compensated
According to AS Eesti Keskkonnateenused board member Argo Luude, there is little hope that, after the elections, Waste Act might again be amended in a way favouring Tallinn city authorities.
«Among the parties in Estonia, it is the very Centre Party that is prone to fight Waste Act amendment, though the proposal came thru former Centre Party cadres Rainer Vakra (soc dem – edit) and Lembit Kaljuvee (currently non-party – edit),» he said. «If SDE [soc dems] do well at elections and Mr Vakra becomes a minister, say, I don’t think it likely for him to start amending his own law.»
According to Mr Luude, IRL has also promised to make the Waste Act even more favourable to entrepreneurs.
Supreme Court granted local governments the right to claim compensations from the state if damaged by the amendment. To Postimees’ knowledge, Lääne-Viru County plans were upset the most. Yesterday, local governments were unable to report such intentions as yet.
Comments
Agu Remmelg
AS Ragn-Sells, business manager
Tallinn was crafty and proclaimed its procurements before the law entered into force. But Tallinn will be able to conduct its waste business via municipal waste centre only is the procurements succeed. In case of failure, they will need to adhere to the law. Up to now, Tallinn has not been too successful with its competitions; therefore, free competition rules in several city districts even now. At that, the free competition prices in Lasnamäe are nearly one third cheaper than in the Northern Tallinn handled by the municipal waste centre.
Rainer Vakra
Riigikogu Environmental Committee chairman (SDE)
Instead of finding solutions that would protect the consumer, some local governments are creating divisions and intermediaries which allow intermediation costs to be added to the process whereby waste transport competitions were won. In mid-December, prices mediated to Vinni Commune by Lääne-Viru Waste Centre were disclosed: the average price rise is 42 percent, which exceeds even what Arvo Sarapuu has achieved in North-Tallinn.