Doing business in Hungary: Environmental rules
10 April 2012by Ina Dimireva -- last modified 11 April 2012
After joining the EU, Hungary redrafted nearly all of its environmental protection legislation.
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Legal requirements
Since July 2010, the Ministry of Rural Development has been responsible for environmental protection, but subject-specific materials can be found on the website of the former Ministry for the Environment and Water.
Act on the General Environmental Protection Rules
Act on Emissions Trading of Greenhouse Gases
Decree on the Emission of Greenhouse Gases
Environmental control
The following pages provide information about environmental control and basic recordkeeping:
Obligation for an environmental assessment (based on Directive 2001/42/EC)
Decree on Basic Environmental Recordkeeping
Guide to completing the forms necessary for basic environmental recordkeeping
Land development
As a result of its incorporation into the European Union's land development system, Hungary applies the basic European principles and legal system and has access to European Union resources.
Act on Land Development and Land Management
Act on the Association of Local Governments for Towns as Subregions
Waste management
The Waste Management Act lays down obligations for records to be kept and data to be provided by all producers, owners and treaters of waste that come under its scope. The methods, content and deadlines for fulfilling the obligations are regulated in more detail by the Decree on Record-Keeping and Data Provision Obligations Relating to Waste.
Decree on Record-Keeping and Data Provision Obligations Relating to Waste
Chemicals
In Hungarian law, chemicals are regulated by Act XXV of 2000 on Chemical Safety, which is supplemented by regulations for individual sectors. Significant changes have recently been made by the REACH Regulation, which regulates the registration, evaluation, authorisation and restriction of chemicals and applies directly to Member States of the EU, and by the Regulation containing new rules for the classification, labelling and packaging (CLP) of chemical substances.
National Institute of Chemical Safety
Hungarian REACH Helpdesk Service
Water
The legal basis for national programmes created in the areas of improving the quality of drinking water and removing and cleaning waste water has been formed by amending the Water Management Act.
Decree on the Protection of Surface Water Quality
Decree on the Protection of Groundwater
Climate and air
The framework for the protection of clean air is defined by the Government Decree on the Clean Air Protection Regulations. Owing to the cross-border impact, the protection of air quality requires cooperation with international organisations that include countries both inside and outside the European Union.
Noise protection
The following Decree relates to protection from environmental noise and vibrations:
Decree on the Rules concerning Protection from Environmental Noise and Vibrations
Nuclear protection
The agreement adopted in 1979 by the International Atomic Energy Agency relates to nuclear protection.
Decree Publishing the Convention on the Physical Protection of Nuclear Material
Information relating to avoiding nuclear accidents
Inspections
The supervisory body of the National Inspectorate for Environment, Nature and Water is the Ministry of Rural Development. The organisation has jurisdiction as the environment, nature and water authority defined in law.
Environmental Protection Industry Information System
The State Public Health and Medical Officer's Service has primary responsibility for monitoring the manufacture and distribution of chemical substances.
State Public Health and Medical Officer's Service
Businesses are free to go beyond the minimum environmental legal requirements at their own initiative.
Administrative procedures
Declaratory procedures
Land development
The National Area Development and Area Planning Information System (TeIR) ensures that the system for publishing mandatory data works.
National Area Development and Area Planning Information System
A building that has been built with planning permission may be taken into use if it is suitable for proper, safe use and has an occupancy licence. If there is no occupancy licence, the building may not be used.
Act on the Formation and Protection of the Built Environment
Waste management
Since July 2010, the Ministry of Rural Development has been responsible for environmental protection, but subject-specific materials can for the time being be found on the website of the former Ministry for the Environment and Water. Information relating to waste reporting may be found on the former Ministry for the Environment and Water website:
Guide to fulfilling data provision obligations relating to waste
In the case of chemicals, companies must register under the REACH Regulation.
Companies' registration obligation
Reports under the provisions of the Act on the Chemical Safety of Hazardous Substances and Mixtures are received by the National Institute of Chemical Safety. The Institute also acts as the poison control authority.
National Institute of Chemical Safety
Activities carried out using hazardous chemicals and mixtures must be reported to the subregional institutions of the State Public Health and Medical Officer's Service (ÁNTSZ).
Environmental protection product tariff
Hungarian Trade Licensing Office
During the "transitional period" planned until 2013, the marketing of biocidal products is regulated by the national laws currently in force in the Member States. Following this period, regulation will be at Community level.
Transitional regulation in Hungary
Water
The Damage Clearance subsystem of the Environmental Register System of Groundwater and Geological Medium (FAVI) contains the necessary forms for taking sources of pollution, polluted areas damage clearance into consideration nationally.
Climate and air
The operation and development of the Hungarian Air Quality Network allows data to be collected relating to good levels of air pollution.
Nuclear protection
In Hungary, the Act on Disaster Prevention regulates the organisations that participate in avoiding nuclear accidents, as well as their tasks.
Permits and licences
Facilities in Hungary that have an impact on the environment can only operate if they hold an integrated environmental permit, as per the EU directive on integrated pollution prevention and control.
Information on the integrated prevention and reduction of pollution
Before starting activities that may have a significant impact on the environment, an environmental impact study must be conducted.
Land development
The authorisation of land development falls under the local public administration procedures, so the local government of the town in question, and the construction, environment and land development department or construction and environment department of the town hall must always be consulted.
Waste management
Registration of chemicals must be submitted to the European Chemicals Agency in the form and manner laid down by the REACH Regulation. According to the REACH Regulation, substances for which a licence is required must also have applications submitted to the European Chemicals Agency for individual user licences.
REACH National Helpdesk Service
The National Institute of Chemical Safety performs the Member State supervisory procedures for biocidal active substances in Hungary.
There is no submission deadline with regard to the export of waste, but it is recommended that the reporting form be submitted to the National Inspectorate for Environment, Nature and Water at least 60 days before the commencement of activities.
The administration time from the date of submission of the application is approximately 45-60 days.
For the import or transit of waste, the licence application (report form, accompanying documentation and annexes) must be submitted to the competent authority for the (receiving) country for which the consignment is destined.
Climate and air
Since 1 January 2005, the largest industrial consumers in Hungary may only emit carbon dioxide as a result of their activities if they are in possession of an emissions licence.
Basic reporting of clean air protection for local sources of air pollution
Noise protectionvThe licensing plan must define the measures and requirements that must be complied with when preparing the export plan, for example in relation to individual noise emission requirements for sources of noise, the anticipated technical measures necessary to reduce noise, or sources of industrial or leisure noise.
Provisions relating to the generation of construction noise and vibrations
Inspections
Land development
The authorisation of land development falls under the local public administration procedures, so the construction, environment and land development department or construction and environment department of the local government of the town in question, or of the town hall, will always perform monitoring.
Waste management
Monitoring of the import, export and transit of waste consignments entering and leaving the European Communities through Hungary is primarily carried out by the National Inspectorate for Environment, Nature and Water (OKTV), the police, the customs authority, and, in the case of road and rail transportation, the traffic authority and rail authority, while in the case of transportation of hazardous waste by road the monitoring is carried out by the National Directorate General for Disaster Management and its regional bodies in collaboration.
National Directorate General for Disaster Management
Chemicals
The State Public Health and Medical Officer's Service has primary responsibility for monitoring the manufacture and distribution of chemical substances.
State Public Health and Medical Officer's Service
The Hungarian Labour Inspectorate monitors health and safety aspects of the manufacture and use of chemicals. After material is turned into waste, monitoring falls under the duties of the Environmental Inspectorates.
Environmental Protection Industry Information System
Water
The regulations provided by the Water Framework Directive are a new approach to water conservation.
Climate and air
The Hungarian Air Quality Network monitors air pollution data and continuously reviews air pollution limits.
Noise protection
Information on the monitoring of provisions relating to the generation of construction noise and vibrations may be found in the following Decree:
Decree on the Rules concerning Protection from Environmental Noise and Vibrations
Resources
Since July 2010, the Ministry of Rural Development has been responsible for environmental protection, but subject-specific materials can be found on the website of the former Ministry for the Environment and Water. The website of the former Ministry for the Environment and Water contains information on waste management permits.
Ministry for the Environment and Water
The database of the Environmental Protection Industry Information System has contact information for all environmental authorities.
Environmental Protection Industry Information System
Environmental protection information for businesses:
REACH Regulation - Registration obligations
National REACH Helpdesk Service
KÖVET Association for Sustainable Management
Hungarian Centre for Cleaner Production
Information can be found on the website of the National Inspectorate for Environment, Nature and Water:
Programmes
The Environment and Energy Operational Programme supports the implementation of 'sustainable use of the environment' in the New Hungary Development Plan.
Environment and Energy Operational Programme 2007-2013
Third National Environmental Protection Programme
The New Széchenyi Plan pays particular attention to green economic development and the challenges of the 21st century, such as how a country can handle the problems arising from a usage structure based on fossil (non-renewable) forms of energy, by means of energy savings, energy efficiency, energy security and renewable sources of energy.
Renewing Hungary - Green Economic Development Programme
The aim of the National Environmental Damage Clearance Programme is to locate pollution and damage in soil and groundwater, then reduce or eliminate it.
National Environmental Damage Clearance Programme
The main aim of the KEXPORT programme is to promote export activities by Hungarian enterprises engaged in innovative products and services.
Source: Your Europe