Hungary

III. Conclusions

The functions of environmental protection, the organisational and institutional system, and the system of means thereof, are defined and the obligations of the state and of different bodies, have been regulated in the AGREP.

A major contradiction of the present legislation is that while the AGREP was prepared according to progressive concepts of environmental protection, the remaining body of Hungary's environmental legislation does not reflect the same concept. This disharmony must be solved with new environmental legislation on the basis of the AGREP.

According to the AGREP and a parliamentary resolution, over the next years the government must submit a series of new bills to parliament concerning environmental protection.

Collectively speaking, half the provisions in existing Hungarian environmental legislation are in compliance with EU regulations. General regulations conform more to EU legislation than do specific rules.

Still, the lack of control facilities has meant that even existing legal norms have not been fully implemented.

The following are among the obstacles to law approximation:

the cost of adaptation to EU legislation
economic conditions
time consumption
lack of public understanding

In spite of the above-mentioned factors, law approximation is proceeding smoothly under the European Agreement and the Law Harmonisation Program, and EU environmental legislation has been and will be taken into consideration in the continued development of Hungarian environmental legislation.

Environmental Regulation of Constitutional Character in Hungary

criteria	assessment
1. Has the Constitution any direct reference to environmental protection
as a priority state objective?	yes
a human right?	yes
2. Environmental regulation is based upon a framework environmental act?	yes
3. Environmental regulation is based upon
a general environmental policy adopted by the parliament or government?	yes
a relatively detailed environmental program adopted by the parliament or government?	no
a general environmental concept that has not really been adopted by a regulatory body?	no
4. Are there any specific provisions in the association agreement concerning the environment?	yes
5. Is there a central government organ specializing in environmental protection
a ministry?	yes
a central authority (inspectorate)?	yes
6. Is there a specific administrative authority system for environmental protection in the country?	yes
7. Is there an advisory body to the government on environmental matters?	no
8. Are there any specific provisions concerning environmental liability
in the Civil Code?	yes
in the Criminal Code?	yes
in the general administrative law?	yes
in privatization laws?	no

Assessment of the Compliance Level of EU Environmental Legislation in Hungary

GENERAL POLICY
criteria	score	weight	level of compliance
1. Do the following principle appear in environmental legislation? prevention/precaution rectifying the pollution at source polluter pays Integrating environmental policy into other policies the high level of protection	1.00	0.15	0.1500
2. Is the polluter pays principle embodied or reflected in the framework environmental act? other basic law on the environment? in civil law? in other laws?	1.00	0.05	0.0500
3. Does the polluter pays principle cover the damages? a specific environment damage? the costs of reinstatement? the costs of prevention? the costs of monitoring and control?	1.00	0.10	0.1000
4. Is there an EIA regulation existing in the country in a draft format? in a detailed regulation? in general?	1.00	0.15	0.1500
5. Does the EIA provisions contain the list of activities subject to mandatory EIA? a direct link to permitting? the details of the procedure? public participation?	1.00	0.15	0.1500
6. The free access to information provided for in a legal regulation? covers most of the environmental information in general? provides for an obligation of the public authorities? provides for some obligation of the polluters? is protected by a judicial review process?	0.67	0.15	0.1000
7. Is there an eco-label award scheme embodied in law reflecting the eco-label regulations?	0.67	0.05	0.0333
8. Are there any provisions concerning the development of environmental management schemes? EMAS (voluntary) environmental auditing reflected in law provisions connected with permitting	0.33	0.05	0.0167
9. Is there an environmental fund existing as a separate state fund? as part of other funds?	1.00	0.10	0.1000
10. Is the concept of IPPC reflected in environmental policy/legislation?	0.33	0.05	0.0167
Total			0.87

AIR

criteria score weight level of compliance

1. Are there any plans for improvement of air quality? 0.33 0.20 0.0667

2. Are there specific regulations for point sources? 0.67 0.10 0.0667

3. Are there specific regulations for mobile sources? 0.67 0.10 0.0667

4. Does the BATNEC as a general requirement appear in air pollution regulation? 0.00 0.10 0.0000

5. Concerning BATNEC, are there any special policy or strategy implemented for industrial plants? 0.00 0.10 0.0000

6. Are there any specific regulations for greenhouse gas emissions? 0.33 0.10 0.0333

7. Are there any specific regulations for waste incineration plants? 0.33 0.10 0.0333

8. Is there any administrative authorization procedure for industrial plant operations regarding air pollution? 0.67 0.20 0.1333

Total 0.40

CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY

criteria score weight level of compliance

1. Do the dangerous substances (chemicals) require a specific permit and record-keeping? 0.33 0.15 0.0513

2. Do the dangerous substances (chemicals) require special classification, packaging and labeling? 0.00 0.15 0.0000

3. Are the dangerous industrial activities reported and controlled? 0.33 0.15 0.0513

4. Are internal/external plans for emergency responses for dangerous industrial activities required? 0.00 0.15 0.0000

5. Is the public informed on dangerous activities and emergency response plans? 0.00 0.12 0.0000

6. Are there some similar regulations like Good Laboratory Practice or other qualifications? 0.33 0.12 0.0385

7. Are there any regulations like those in connection with GMOs or GMMOs? 0.00 0.08 0.0000

8. Does the risk assessment appear
in case of chemical substances?
in case of dangerous activities? 0.00 0.08 0.0000

Total 0.14

NATURE CONSERVATION

criteria score weight level of compliance

1. Is nature conservation based mostly upon the regulation of protected species and protected areas? 1.00 0.50 0.5000

2. Do the new elements of nature conservation such as natural habitats appear in law? 0.33 0.50 0.1667

Total 0.67

NOISE

criteria score weight level of compliance

1. Are there any specific noise pollution regulations in terms of motor vehicles? 1.00 0.50 0.5000

2. Are there any specific product standards for noise emission of household appliances? 0.00 0.50 0.0000

Total 0.50

WASTE

criteria score weight level of compliance

1. Is waste management regulated by law? 0.33 0.15 0.0513

2. Do waste management regulations cover waste management plans? 0.00 0.15 0.0000

3. Are waste management regulations developed for
hazardous wastes?
other wastes? 0.33 0.15 0.0513

4. Do waste management activities require a specific permit? 0.33 0.15 0.0513

5. Do hazardous waste incineration plants have specific regulation? 0.00 0.12 0.0000

6. Are there specific requirements for the landfill of wastes? 0.00 0.12 0.0000

7. Does BANTEC form a part of the general waste management regulations? 0.00 0.08 0.0000

8. Are there any special regulations relating waste originated from packaging materials, such as beverage containers? 0.33 0.08 0.0256

Total 0.18

WATER

criteria score weight level of compliance

1. Does water protection cover the water discharges? 1.00 0.17 0.1667

2. Are there specific water quality requirements for different water uses, like drinking or bathing water? 0.67 0.17 0.1111

3. Are there regulations for protection of groundwater against pollution? 0.00 0.17 0.0000

4. Are water quality requirements for the general ecological quality of water reflected in national legislation? 0.00 0.17 0.0000

5. Are water quality standards laid down? 1.00 0.17 0.1667

6. Is a monitoring system set up for water quality control? 1.00 0.17 0.1667

Total 0.61

REC * PUBLICATIONS * APPROXIMATION OF EU ENVIRONMENTAL LEGISLATION *
COUNTRY REPORTS * HUNGARY