Collection of used textiles
The new law led to changes to existing collection structures for various material flows – including used textiles. The reasons for those were changing market conditions and market players, but also an amended and partly more specifically defined legal framework, which has often proven to be difficult to implement in practice. The consequence of this was increased potential conflict between the players and a large number of legal disputes in court.
In Augsburg, as a non-profit collector, the "Hoffnung" (hope) campaign provides the clothing collection containers. In the meantime, different market players were active within the city area regarding the collection of used textiles. Above all, the reason was that for many players the city represented an interesting business area for the collection of used textiles. Other non-profit participants announced their interest in siting clothing collection containers within the city area.
Several commercial collectors are planning to enter the market in Augsburg and one had already sued the City of Augsburg for the issue of a special use permit for clothing bank sites. The case was dismissed at the end of 2016 in the first instance, however, with the condition that a new concept be drawn up, taking into consideration current legal award issues concerning the collection of used textiles.
With the help of bifa, a "one-stop" concept was worked up for the collection of used textiles on public land within the city area of Augsburg. At the same time, a special use concept is being passed by the so-called "Straßenbaulastträger" (competent road authorities for all activities relating to the construction, maintenance and operation of roads and paths). The public waste management organisations apply for the special use. The city area of Augsburg is divided into three areas, where in one area special privileges can be awarded to non-profit organisations under a service concession competition. Based on structure planning for the quantities and areas, the remaining locations can also be awarded in two lots to commercial collectors as a service concession.
The provision of uniform containers by the public waste management organisations was recommended to implement the intended objectives – clarity and transparency for citizens and thus to increase the collection quantities within the city area, combatting illegally installed clothing banks and a uniform cityscape.
Application of the future guidelines of the City of Augsburg was checked for the award procedure. It was advised that certain sustainability criteria be applied as award criteria and be defined in detail when drawing up the specification. Furthermore, it was recommended that these be implemented in the specification as requirements or included in the respective contractual terms.
With the implementation of the proposed concept, the City of Augsburg fulfils its pioneering role as a sustainable environmental city and implements a forward-looking concept for the collection of used textiles, in which all market players are taken into consideration. The future guidelines of the city can be taken into consideration in the award procedure for the non-profit lot and the commercial lots, insofar as public procurement law allows this.
The proposed concept can be used as a model for other municipalities, in order to anchor sustainability in the area of used textiles and at the same time to pay appropriate regard to market players, taking into consideration current public procurement aspects and the development of court decisions.