89 Moreover, in a region where all food pro- • the insularity and mountainous topogra- present at the meetings of the tender com- ducts are transported by sea, the ban on phy of Corsica; mittees convened in this sector; below-cost selling (and especially the trial • the seasonality of tourist activities on • have a study conducted by Direccte on of a 10% increase in the threshold on the the island. price levels in the public waste manage- ban on below-cost selling provided for by The lack of studies on pricing hampers the ment chain in Corsica; the Egalim Law, which includes the trans- transparency of information relating to • examine, on the basis of the conclusions port cost) penalises Corsican consumers these public service activities. In addition, of this study, the case for implementing the and the trade margin generated by this the lack of infrastructure leads to under- sectoral regulatory measures that could be measure is not necessarily passed on to capacity for the treatment of waste, which based on new competition policy tools if the suppliers, in particular farmers. gives rise to a scarcity rent that benefits legislative and regulatory framework were suppliers of these services. This situation to evolve in this direction. Under these circumstances, the Autorité is likely to give rise to competition concerns recommends that the legislator provides in relation to the award of certain public That the competent central, devolved and for an exemption for Corsica from the ban tenders. territorial administrations, on below-cost selling and, at the very least, • in terms of waste prevention and mana- provide for a specific exemption from the Therefore, the Autorité recommends: gement, find in the short term a permanent 10% increase in the below-cost selling solution for the treatment of household threshold and the rules on special offers That the local and regional authorities waste on the island, if necessary through provided for in the 2018 Egalim Law. Such responsible for the public management of the creation of new infrastructures in accor- a legislative exemption could be based on waste in Corsica dance with the most environmentally frien- the derogation already provided for for • have systematic economic studies car- dly standards. French overseas territories and communi- ried out by an independent third party in ties (high cost of living, remoteness, etc.). order to detect abnormal additional costs; Opinion 20-A-11 of 17 November 2020 • disseminate widely and systematically to users, in particular via their Internet site, HOUSEHOLD WASTE: the annual reports on the price and quality MANAGEMENT of public waste management; RECOMMENDATIONS • set up door-to-door waste collection and explore the possibility of tax incentives. The management of household waste in Corsica imposes a high tax burden on the That the public authorities taxpayer compared to the national average: • expand the list of “essential” data relating €243 excl. tax compared to €93 excl. tax to public tenders and concession contracts per inhabitant on the mainland. This 161% within the framework of the release of increase in costs is partly due to significant public procurement data; political and structural constraints: • ensure that a representative of the Corsi- • a refusal by the Corsican local and regio- can Regional Directorate for Business, Com- nal public authorities to eliminate any waste petition Policy, Consumer Affairs, Labour by incineration; and Employment (Direccte) is systematically ACTIVATING TRANSFORMATION