Hungary

II. Main elements of EU environmental legislation embodied or becoming adopted in the national legal system


In this chapter:

Environmental regulation of constitutional character

Rights and obligations concerning the environment - together with the obligations of the state - are regulated in Hungary at constitutional level. The basis of environmental protection is Article 18 and clause D of Article 70 of the Constitution.

Article 18 declares the basic right of citizens to a healthy environment and allows for a broad interpretation. The Hungarian Republic admits and enforces the rights of all to a healthy environment. The state is responsible for enforcement of rights concerning the environment.

Article 70D guarantees environmental protection as an instrument of enforcement for rights on health. People who live in the territory of the Republic of Hungary have the right to the highest level of physical and mental health. The state implements these rights by safeguarding the interests of workers, organising public health institutions and medical services, and guaranteeing regular physical culture and the protection of both the man-made and the natural environment.

The basic principles of environmental protection are embodied in the AGREP.

The aims of the act are the following:

General environmental policy

Council Recommendation 75/436/Euratom, ECSC, EEC - Polluter Pays Principle

The introduction of the "Polluter Pays" and the "User Pays" principles into Hungarian legislation means that environmental considerations are involved in the economic processes.

The AGREP embodied the above-mentioned principles and several paragraphs of the law refer to them. The basic principles of the environmental protection contain the "Polluter Pays" and the "User Pays" principles too. "8. ¤ (2) The user of the environment shall provide for the elimination of the environmental damage caused by their activity and for the restoration of the damaged environment."

Environmental fees in the interest of environment protection are also set forth in the AGREP.

"59. ¤

  1. The charges providing cover for the measures reducing the use and load on the environment are:
    1. environmental load charges
    2. utilisation contributions
    3. product charges
    4. deposit fees
  1. The magnitude of the charges shall be established in such a way that they should encourage the users of the environment to reduce the load on and use of the environment."

The AGREP determines the frames of the above-mentioned environmental fees and charges and these detailed regulations are becoming adopted into separate legislation. The introduction of the charges will be gradual.

Detailed legislation at the moment exists only for product charges. According to Act LVI of 1995 on Environmental Protection Product Charges and the Environmental Protection Product Charges of Certain Products, the obligation to pay product charges on packaging materials and batteries shall come into force on 1 January 1996, while the obligation to pay product charges on the packaging materials of pharmaceuticals shall come into force on 1 January 1997.

Council Directive 85/337/EEC - Environmental Impact Assessment

The current Hungarian legislation reflects the principle of prevention. The environmental impact assessment (EIA) is also regulated.

At the same time as the AGREP, a new, detailed regulation came into force: Government Decree 152/1995 on Environmental Impact Assessment of Certain Activities and the Concerning Official Procedures. This decree is based on the appropriate EIA regulation of AGREP, which is basically in compliance with the EU Directive. The Annexes of the above-mentioned governmental decree contain a detailed list of activities obliged for EIA.

Articles 67-71 of the AGREP set forth the basic regulations on environmental impact assessment.

Environmental impact assessment must be carried out prior to the beginning of activities that have a significant impact on the environment. With regard to environmental impact assessment, the foundation or implementation of a facility or operation, the abandonment or significant expansion of an existing facility or operation, changes in technology and products and significant modification of these, shall be considered activities with significant impact on the environment.

The detailed environmental impact statement must contain a determination of the impact areas, a forecast and evaluation of the impact on the environmental elements and on human health if there are changes in the state of the environment as a result of the activity, and an assessment of the health, economic and social consequences expected due to any changes in the state of the environment.

The detailed regulations of EIA contain several guarantees of public participation and access to information.

The questions of transboundary environmental effects are dealt with through bilateral or multilateral international agreements.

Council Directive 90/313/EEC - Access to environmental information

The principle of access to environmental information is embodied in the AGREP and the Act regulates also the tasks of the State concerning the implementation of the principle.

"12. ¤

  1. Everyone shall have the right to acquire knowledge about facts and information on the environment, particularly about the state of the environment, the level of environmental pollution, environmental protection activities, as well as the impact of the environment on human health.
  2. For the purpose of fulfilling obligations and exercising civil rights in connection with protection of the environment, the state shall make it possible for everyone to be informed of the essential connections between the environment and health, of the activities that damage the environment and the importance of these activities.
  3. State organs and local governments shall monitor, within their scope of activities, the state of the environment and its impact on human health, shall keep a record on the data thus obtained and shall make it accessible - with exemptions as established by the Act on the Protection of Personal Data and the Publicity of Data of Public Interest - and shall provide appropriate information."

More specific regulations are embodied in the above law only as regards the protection and publicity of data.

Council regulation EEC/880/92 - Eco-label award scheme

An eco-label system is embodied in ¤ 86 of the AGREP.

Consumer interest as articulated in the act requires that the manufacturer or the distributor provide information in the instructions for use about the environmental hazards and impact of the rated substances, products or technologies, and methods of treating the substances after they have been eliminated, worn down or used up.

The act provides for the use of distinctive symbols indicating "environmentally friendly products" or "environmentally friendly technologies" in the case of environmentally friendly or environmentally sound products and technologies that demonstrably utilise or load the environment to a lesser extent than traditional products and technologies with the same or similar function. The purpose of this regulation is to strengthen environmental awareness and changing consumption habits.

In January 1994, a distinctive certificate system was introduced for environment friendly products with the establishment of the Non-Profit Organisation of Environment-friendly Products by the MERP. Applicants meeting the requirements are entitled to use the trademark "environmental-friendly product". Charges are to be paid for entry into the system and for the use of the symbol (logo).

The rules of the system are not fully in compliance with the EU regulation, but the basic procedural elements are laid down. The environmentally friendly symbols can be obtained by application. Any product or good sold on the domestic market is eligible except food, beverage, and pharmaceutical products. Representatives of interest groups, concerned ministries and organisations of national competence are involved in the Rating Committee. The environmentally friendly symbol is valid for two years and can be renewed.

According to the AGREP, a new governmental decree has already been drafted which determines the conditions of the Hungarian eco-label award, which will be harmonised with EU requirements. This draft is presently being scrutinised by the concerned ministries.

The regulations of the AGREP protect the use of the distinctive environmentally friendly symbols. The unauthorised use of the distinctive symbols shall result in an environmental fine specified in a separate legal rule. A further guarantee in this regard is that the general rules on advertising prohibit the use of misleading advertisement.

Council Regulation EEC/1973/92 - Financial Instruments for Environment ( LIFE )

The Central Environmental Protection Fund (hereinafter fund) was established by Act LXXXIII of 1992 to ensure the financial means of environmental protection in Hungary. This act, and additionally ¤ 57 of AGREP, play a primary role in environmental protection subsidies in Hungary.

The main objectives of the special state fund are:

The majority of the fund's revenue comes from the environmental product charge on fuels, which in 1994 was HUF 2.1 billion (approximately USD 20 million). In addition, HUF 550 million (approximately USD 5 million) comes from other fines and HUF 1.2 billion (approximately USD 12 million) from a certain proportion of mine charges.

At least 75 percent of the fund's revenues were spent on development to promote the protection of the environment and two to five percent were used for eliminating environmental damage in 1994. The rest of the revenue was to finance environmental tasks of public interest (e.g., development of monitoring network, education, research, raising awareness).

Several other regulated funds (e.g., Regional Development, Water Management, and the Land Protection Funds) operate partly on the basis of environmental objectives as well.

The major types of subsidies from the fund are the following:

Council Regulation 1836/93 - Eco-management and audit scheme

General regulations are embodied in the AGREP for environmental audit and environmental protection performance evaluation (¤ 73-77).

According to the act, the environmental audit of certain activities is compulsory and the environmental performance evaluation is voluntary. Fundamentally, the benefits of these institutions appear at company level because it becomes a part of the goodwill of the company. This can be very valuable, especially during privatisation.

Environmental audits shall be carried out for the exploration and study of the environmental impact of certain 'activities' (the pursuit, renewal, restoration and abandonment of all operations and technologies that are accompanied with the use, endangerment or pollution of the environment shall be considered activities) and check for compliance with environmental protection requirements. The Inspectorate shall, if it observes an environmental threat or damage, oblige a partial or comprehensive audit in order to reveal the impact on the environment.

Those who wish to evaluate their own environmental performance (i.e., to audit their own activity) so as to ascertain the environmental impact of their activity, may carry out a survey and, at their request, the Inspectorate shall review it for approval.

¤ 78-83 of the AGREP lay down the common procedural regulations for the audit and for performance evaluations.

There is no reward scheme for environmentally friendly companies.

Proposal for Council Directive 93/C 31/106 - Integrated Pollution Prevention and Control

Guaranteeing environmental prevention and minimising emission are regulated in the AGREP as basic principles. (¤ 6)

Use of the environment must be organised and carried out in such way that it shall:

The enforcement of the above-mentioned principles and administrative measures (restriction, prohibition) are possible through legal rules.

Emission charge regulations are still not in force, but their drafting has begun with respect to air and water pollution. According to the AGREP, emission charges may be implemented as an incentive but are to be introduced incrementally.

The essential elements of Integrated Pollution Prevention and Control (IPPC) are embodied in the AGREP. The rules on the 'Uniform Protection of Environmental Components' in the act are the following:

"¤ 13 (1) Every environmental component shall be protected in itself and in harmony with the other environmental components and by taking into consideration the interrelationship thereof. Their utilisation and loading shall be regulated accordingly."

The IPPC appears in the rules of 'Enforcement of Environmental Protection in Regulations' and in other state decisions as well. (AGREP ¤ 43-44)

Air

The current legislation concerning air protection is as follows:

In 1990, a comprehensive national strategy to improve air quality was drafted which sets the following objectives:

To achieve the above-mentioned objectives a specific action program, the "Air Protection Intersectorial Action Programme," was adopted by the government to improve air quality in gravely endangered regions over the period 1994-1998. The program stipulates several measures, primarily to moderate air pollution from public transport vehicles, industry, and households (e.g., support for the 'catalytic converter programme' as regards passenger vehicles, modernising public transport vehicles, regular checking of vehicle emission, and to improve the quality of household fuels and heating). Establishing an up-to-date, on-line measuring network is also part of the program. Plans call for it to be completed by the turn of the century. The program is now being implemented.

According to the Law Harmonisation Program, the new air regulation is to be based on EU directives. The basic principles and tasks concerning air protection are embodied in the AGREP (¤ 22). Related government decrees, resolutions and environmental standards regulate the detailed questions.

Council Directive 70/220 EEC - Emission from motor vehicles

Emission from motor vehicles is regulated in Hungary, but the method and the regulation are not as strict as in the EU. The relevant statutes currently in force include Act I of 1988 on Road Traffic and Governmental Decree 89/1988 on Road Traffic Services and the Operation of Public Transport Vehicles. There are requirements for emission of CO, NO and CH. These requirements are obligatory for all vehicles used on roads. The regulation contains two parts: the type-approval for motor vehicles and the regular environmental control for each motor vehicle.

Council Directive 82/884 EEC - Lead in air

The limit value for the concentration of lead in the air is stricter than in the EU requirement. It is not planned that the stricter national standards should be reduced to the EU level. But control of the lead load in air is neither constant nor continuous. The Governmental Decree on Toxic Chemicals (26/1985) in force and its related Executive Order of the Minister of Health (16/1988) cover associated human health aspects.

Council Directive 84/360 EEC - Industrial plants

The regulation concerning prevention and reduction of air pollution from industrial plants and the principles of pollution prevention and BATNEEC are embodied in the AGREP. The current Government Decree (152/1995) on Environmental Impact Assessment of Certain Activities; Government Decree (146/1992) on the Establishment of Facilities for Electric and Thermal Energy Generation with Significant Impact on the Environment; and Government Decree (21/1986) on the Protection of Air Quality regulate the administrative authorisation procedure for the operation of industrial plants. These regulations contain several guarantees for public participation in the authorisation procedures.

The regulations on air protection that pertain to industrial plants are different from those of the EU. For example, the Hungarian regulations set forth a load index and determine the height of chimneys.

Council Directive 89/369 EEC - New municipal waste incinerators

Provisions on emissions from municipal waste incineration plants are embodied in the air quality regulations. The emission limit values are fixed at a higher level than EU standards. The method of measurement is slightly different. There is no distinct regulation that pertains to both operating and new incineration plants.

Council Decision 93/389 EEC - Monitoring mechanism of Community CO2 and other greenhouse gas emissions

The reduction of CO2 and other greenhouse gas emissions is a part of the national environmental policy and legislation. Hungary has signed and ratified the main international co-operation agreements and protocols concerning air quality protection, including the 1992 New York Framework Convention on Climate Change (party since 1994).

Hungary is presently an "Annex I Country" under this Convention. The government has passed a resolution on the stabilisation of carbon dioxide emissions per capita based on energy consumption during the periods 1985-87. In 1994, a national report was drafted and on this basis Hungary will comply with the emission limit obligation stipulated for the year 2000. Implementation measures occur mainly in the framework of existing intersectorial programs (e.g., energy conservation)

The MERP is responsible for the implementation of the international agreements, conventions and protocols on air quality protection.

Proposal for a Council Directive 94/C 216/04 - Ambient air quality assessment and management

The national policy on air protection is based on ambient air quality. The main objectives and principles of the policy and legislation have been mentioned above.

Chemicals, industrial risks and biotechnology

In Hungary, the legislation related to chemicals has been co-ordinated according to health and labour aspects. Since the mid 1980s a modern regulation system has been developed in line with international trends, including a comprehensive new regulation of the registration, testing, treatment and application of toxic chemicals. The objective is to minimise health hazard and risks. Competencies of the control of different chemicals and activities are divided among different ministries.

According to the AGREP, a comprehensive bill on chemicals and hazardous substances must be prepared and submitted to Parliament.

Commission Directive 67/548 EEC - Classification, packaging and labelling of dangerous substances

There is no specific regulation on the classification, packaging and labelling of dangerous substances. This will be adopted according to the Law Harmonisation Programme.

Council Directive 82/501 EEC - Industrial accidents and emergency response

The principle of prevention of industrial accidents involving dangerous substances is embodied in the AGREP. The act stipulates the drafting of a bill on the prevention of catastrophes. In addition, the regulation on civil defence (Government Decree 85/1993) lays down measures in the event of large-scale industrial accidents.

Hungary is a party to the Convention on the Transboundary Effects of Industrial Accidents. (1992, Helsinki.) In accordance with the 3rd Conference of the signatories of this convention, a National Coordination Office must be established in Hungary. This will also function as a Regional Coordination Office for Central and Eastern Europe.

Council Decision 89/569 EEC - Good Laboratory Practice

Hungary acceded in 1994 as a full participant to the Good Laboratory Practice and Mutual Acceptance of Data system which is part of the OECD Chemical Programme. The exchange letter concerning the collaboration between the Hungarian government and the OECD was published on 29 March 1994 in the Hungarian Official Gazette no. 33. In conformity with OECD requirements, the existing regulation prescribes a set of minimum pre-marketing data for the assessment of toxicity, ecotoxicity and other dangers.

Council Directive 90/220 EEC - Genetically modified organisms

Council Regulation EEC 793/93 -Evaluation and control of the risks of existing substances

There is no regulation on genetically modified organisms and evaluation and control of the risks of existing substances, but under the Law Harmonisation Program, they can be easily introduced in Hungary.

Nature

The basic legal norms on nature conservation in Hungary are the following:

Plans call for the legislation of nature conservation to be amended according to the AGREP and the Law Harmonisation Programme.

Hungary is party to the following international conventions on nature conservation:

Council Directive 79/409 EEC - Conservation of wild birds

The protection of wild bird species is regulated within the general rules on the protection of species of wild fauna, under the basic laws on nature conservation. Hunting, capturing, collecting, preparation, as well as the trading of specimens of protected birds and other animals (including eggs and any parts or derivatives) is allowed only with prior consent of the nature conservation authorities. The most valuable species receive strict protection. The list of protected and strictly protected species of wild fauna and flora is published in a decree of the Minister of Environment and is regularly reviewed.

Council Directive 92/43 EEC -Conservation of natural habitats and of wild fauna and flora

Hungary's existing nature conservation legislation on the conservation of habitats is different from that of the EU. The habitats of protected species of wild fauna and flora are under protection only when nominated as protected natural areas.

The objectives of biodiversity and sustainable development are adopted in the nature conservation policy. The main tools for implementing the policy objective are the following:

Noise

The current noise protection regulations are the following:

Protection from noise and vibration in Hungary covers all artificial energy emissions which cause unpleasant, disturbing and threatening noise and vibration impacts.

Technological, organisational and administrative measures should address:

Government decree 12/1983 on Noise and Vibration Control covers the main sources of environmental noise (manufacturing plants, buildings, construction noise and traffic noise) and provides general regulations on the control of noise emitted by each.

Noise emission limit values for areas surrounding power plants are regulated in the Decree of the Minister for Health 4/1984. Permitted noise emissions depend on the function of the area (resort, residential or industrial), and the time of day or night.

The municipalities are authorised to set local noise and vibration ordinances (e.g., for priority areas and 'calm zones') with more stringent limit values.

Council Directive 70/157 EEC - Permissible sound level of motor vehicles and exhaust systems

The main legal requirements pertaining to the permissible sound level and the exhaust systems of motor vehicles meet ISO standards. According to the related decrees of the Minister of Transport (5/1990 and 6/1990), motor vehicles must have quality certificates. The regulations are obligatory for all types of road vehicles.

Council Directive 86/594 EEC - Airborne noise emitted by household appliances

Noise protection standards of household appliances correspond to those of ISO.

Waste

Council Directive 75/442 EEC - Waste Framework

The basic rules and principles concerning waste are embodied in the AGREP, which calls for the drafting of a new act on waste management, to comprehensively regulate all related questions including a new waste code system and the landfilling of waste. The expected date of approval for the new law is 1996.

Council Directive 91/689 EEC - Containers of liquids for human consumption

In order to reduce waste, the AGREP includes provisions for the use of economic instruments and establishes policies applicable to re-use and recycling. The 1995 Environmental Product Charges Act aims to promote wider use of environment friendly packaging materials and products. This may incite the reduction of the quantity of beverage containers. More specific provisions than those in the above-mentioned act do not presently exist on recycling and beverage containers.

Council Directive 91/689 EEC - Hazardous waste

Hazardous waste is regulated mainly in connection with import. Hazardous or non-hazardous waste can be imported only for recycling and by permit of the competent environmental authority. Disposal or other treatment within Hungary is forbidden. A permit for waste exports from Hungary can be granted only under full compliance with the regulations of the Convention. The current regulations are the following:

Council Directive 94/67 EC - Incineration of hazardous waste

Rules on the incineration of hazardous waste are covered mainly in the air protection regulations.

Proposal for a Council Directive 93/C 212/02 - Landfilling of waste

Water

The current legislation on water protection is the following:

As regards protection of the aquatic environment, quantitative factors are dealt with by the district water authorities, while qualitative factors belong to the sphere of the Environmental Protection Inspectorates. Water supplies intended for human use and consumption are classified and supervised by the Ministry of Public Welfare.

Council Directive 75/440 EEC - Surface water for drinking

A National Target Program is being prepared to protect drinking water aquifers with the following objectives:

Surface waters are classified into the following categories:

Council Directive 76/160 EEC - Quality of bathing water

Quality standards for bathing water are laid down in Hungarian law, which classifies surface water by chemical substances present and by microbiological parameters. The limits of the chemical substances and the microbiological parameters of surface waters do not fully comply with EU standards.

Council Directive 76/464 EEC - Discharge of dangerous substances

Discharges of dangerous substances are regulated in the rules concerning the State Water Office on discharges, sewage, and sewers (3/1984 and 4/1984), which set limit values on quality, and emission parameters of discharges to surface recipients, and for public sewers. These regulations do not completely conform with EU lists and methods of charges. As called for by the Law Harmonisation Program, a new governmental decree has been drafted in order to approximate these regulations to EU legislation. This draft is now under scrutiny.

Effluent (wastewater discharge) monitoring is strongly related to the monitoring of surface waters. The discharge of waste water to surface water is monitored by the regional environmental inspectorates, while the discharge of effluents into public sewers is monitored by the sewage works. The emission standards depend on the nature of the receiving water. The six following categories are defined:

Category I - prominent water areas
Category II - sources of drinking water supply and recreation areas
Category III - industrial areas
Category IV - sources of irrigation water
Category V - non-priority areas on the rivers Danube and Tisza
Category VI - non-priority areas

Council Directive 80/68 EEC - Protection of groundwater against pollution

The protection of groundwater or subsurface water is accorded priority in Hungary because over 90 percent of drinking water is supplied from these resources. The primary means of protecting aquifers is to develop a protection area in the vicinity of water withdrawal.

Proposal for a Council Directive 94/C 222/06 - Ecological quality of water

The government has approved a special program to protect the ecological state of Lake Balaton (Government Decree 62/1995). The program includes short and medium term research plans, a plan to uncover pollution sources, the elimination of these sources, expansion of sewers and sewage treatment, the dissemination of "good agricultural practice," and the development of monitoring. There are action plans for other lakes as well.

The present monitoring practice is regulated by the National Standard No. 12749. This National Standard regulates the monitored physical, chemical and hydrobiological parameters and the applied analytical methods as well.

Contained in the classification, the annual data series of each water quality parameter should be evaluated separately. The quality of surface waters is published yearly on the basis of routine monitoring results. A year-book entitled "The Quality of Waters in Hungary" is compiled by the Institute of the Ministry for Environment and Regional Policy. A summary of the classification of surface waters in Hungary is also provided in the National Review prepared for the Environment Programme of the Danube Basin.


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