Commission Report 2002 (Hungary)

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 22: Environment

Progress since the last Regular Report

Since the last Regular Report, Hungary has made good progress through the adoption of legislation in the air, water, industrial pollution control and genetically modified organisms sectors, and has improved its administrative capacity to implement and enforce the environmental acquis.

The integration of the environment into other policies and the promotion of sustainable development are ensured by the Hungarian National Environmental Council (NEC), consisting of representatives of the scientific community, NGOs and industry. The NEC is an advisory body to the government and has the right and the obligation to express its opinion on planned legislation and programmes in all fields. Furthermore, the Hungarian economic strategy and sectoral development programmes are being formulated taking into account environmental considerations.

In the field of horizontal legislation, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention) was promulgated into Hungarian legislation at the end of 2001. Furthermore, Hungary ratified the Kyoto Protocol in August 2002.

As regards air quality, Hungarian legislation has been harmonised with the Directives on non-road mobile machinery, and on consumer information on fuel economy and carbon dioxide emissions in respect of the marketing of new passenger cars, in July 2002.

In the area of waste management, alignment has further progressed with the adoption of legislation transposing the acquis on incineration of waste, packaging and packaging waste, waste from the titanium-dioxide industry and the lists of waste and hazardous waste. In order to ensure better enforcement of the legislation in this area, a legal act on waste management fines has been adopted. The law on waste and the law on packaging and packaging waste were adopted in May 2002.

In the field of water quality, new legislation has been adopted on the quality of drinking water, discharges of dangerous substances, on quality requirements of natural bathing waters, on the designation and operation of natural bathing places, on the designation of waste water agglomerations, on registration and reporting obligations regarding urban waste water and on sewage fines. In addition, Hungarian legislation has been further aligned with the acquis as regards measurement, control and information in respect of discharges of waste water and sewage, special rules on sewage, on emission limit values for waste water and sewage and the rules of application thereof.

No further legal developments can be reported in the field of nature protection. 53 sites have been identified by the Hungarian authorities as special protection areas (SPAs), and buffer zones will be created around these areas.

As regards industrial pollution control and risk management, legislation on the prevention of major accidents involving dangerous substances, aiming at aligning with the Seveso II Directive, entered into force in 2002. Furthermore, the National Board for Technical Safety was designated as the special authority concerning hazardous industrial plants. A special Integrated Pollution Prevention and Control (IPPC) Bureau has been established at the Institute for Environmental Management in the Ministry of Environment to assist with the implementation of the Directive (application of ``best available techniques'', preparation of national guidance for different sectors, data collection, evaluation and reporting).

In the field of genetically modified organisms and chemicals, alignment with the acquis was continued with the adoption of a law on restrictions on the marketing and use of certain dangerous substances and preparations. A database has been set up at the Agricultural Biotechnology Centre, which includes information on all activities of genetically modified organisms (GMO). A Permitting Authority for GMOs was established at the Ministry of Economic Affairs.

With regard to noise, legislation on noise emission in the environment by equipment for use outdoors entered into force in January 2002.

As regards nuclear safety and radiation protection (see also Chapter 14 - Energy), a law on permitting transboundary shipments of radioactive waste was adopted and entered into force in April 2002.

Hungary has carried out a range of actions to develop its administrative capacity in the field of the environment. Water management (previously Ministry of Transport) and air quality monitoring (previously Ministry of Health) have been entrusted to the Ministry of Environment. Despite the apparent complexity of the Hungarian environmental administrative system, the necessary co-ordination and co-operation between the different Ministries, authorities and institutions involved is ensured to a large degree by detailed administrative acts, procedures and relatively well-established practices. This is strengthened by the existence of an inter-ministerial working group meeting on a regular basis and dealing with all issues relating to the transposition and implementation of the environmental acquis.

Overall, the number of personnel dealing with environmental issues increased by 114 in 2001 and 251 in 2002. A further increase of 460 is envisaged for 2003. The staff of the Ministry of Environment (MOE) was increased by 102 in 2001 and 110 in 2002, while an additional 323 are foreseen for 2003. Hungary has also provided training for staff at all levels in nearly all sectors, with the exception of IPPC.

The present permitting system in Hungary is very complicated, and for a new installation to start operating up to fourteen different permits may be needed. With the introduction of IPPC, for which Hungary has opted for one integrated permit, the system will become simpler and hopefully more effective. The process to issue integrated permits for new installations (some 30 installations) according to national legislation started in June 2002, and for existing ones (some 970) is planned to start immediately after accession.

As regards planning and programming, a number of plans still have to be established such as the National Waste Management Plan, regional plans (by the Regional Environmental Inspectorates - REIs) and local plans (by the municipalities) and individual waste management plans (by the different operators), air quality action plans, and water pollution reduction programmes for the discharge of List II substances. A complex range of institutional responsibilities is involved in environmental monitoring. Accredited laboratories carry out the regular monitoring of water quality. Hungary currently possesses 43 automatic monitoring stations, monitoring the substances regulated by the daughter Directives, which are capable of being upgraded to monitor all fourteen substances of the Air Quality Framework Directive, and 331 manual ones measuring SO2, Nox and dust. Four stations belong to the Meteorological Institute and three mobile ones are used by inspectors for inspection purposes. Eleven new automatic stations are still expected to be put into operation, three in the countryside and eight in Budapest.

Permitting and enforcement are not separated in Hungary; all licensing authorities have the responsibility of checking and enforcing their own prescriptions. The primary method of compliance checking is site visits, but self-monitoring is growing in importance. Inspections usually cover only one environmental medium. However, there have been some new initiatives to introduce multi-sectoral integrated inspections, sometimes carried out jointly with other authorities. The Ministry of Environment and Water Management and the National Environmental Inspectorate are urging the REI to include integrated inspections of bigger environment polluters in their annual work plans. s regards enforcement, an inspector can, in case of non-compliance, impose a penalty or an enforcement notice to remedy, change a process, decrease production or as a last resort shut down. Enforcement notices, administrative fines, personal fines, and reports to the Public Prosecution Offices are common forms of action.

Overall assessment

Hungary has achieved considerable alignment with the EC environmental acquis. In order to complete alignment, measures still need to be adopted in the fields of air quality (sulphur content of liquid fuels, ozone and tropospheric ozone, designation of zones and agglomerations), waste management (end of life vehicles), nature protection (birds and habitats), chemicals and genetically modified organisms (biocidal products, asbestos, deliberate release of genetically modified organisms). The most important piece of legislation that has still not been adopted is the National Waste Management Plan (NWMP). Corresponding delays occurred as regards the establishment of regional and local waste management plans, the separate collection and sorting of municipal waste, and the programme for the separate collection and disposal of spent batteries and accumulators, which are all dependent on the NWMP. A comprehensive system on the selective collection of packaging waste from communal sources still needs to be established. The preparation of Air Quality Action Programmes and Pollution Reduction Programmes for List II substances relating to the Directive on the discharge of dangerous substances, and the implementation of the landfill Directive and the extension of the air quality monitoring network need particular attention. Also, Hungary has not yet joined the EU`s early warning system, ECURIE, which provides for an early exchange of information in the event of radiological emergencies, and certain requirements on monitoring and surveillance of exposure to ionising radiation still need to be implemented.

The principle of integration requires continuous attention both at national and Community level. Hungary needs to continue integrating environmental protection requirements into the definition and implementation of all other sectoral policies so as to promote sustainable development.

Hungary's administrative capacity to implement the EC environmental acquis still requires close attention. As regards general co-ordination on environment protection issues, in December 2001 a new formal consultation mechanism was introduced, which improved and strengthened the role of the Ministry of Environment by extending its competencies. Following the changes introduced by the new government in May 2002, five ministries are involved in environmental issues, each of which has various implementing bodies at regional and national level. However, there continues to be no clear division of competencies between the ministries involved in environmental protection. The institutional set up consists of twelve REIs, 19 counties, seven regions and nine national parks.

The twelve REIs, structured on a regional basis, are the main competent authorities. The final concept on the future development of the Inspectorates (rationalisation, possible full independence from the Ministry), as laid down in the 2001 Government Decree on Public Administration, should be elaborated on the basis of existing plans. The division of tasks and competencies between the Chief Inspectorate and the Regional Inspectorates should be rationalised.

The Chief National Environment Inspectorate (NEI) has concluded formal co-operation agreements with the police, the consumer protection service, the Mining Office, the National Public Health Service and the water management authorities. However, further efforts are needed to enhance inter-institutional co-operation in environment matters.

The total staff today are 1 230 in the Inspectorates, 388 of which are inspectors. Some 60 new staff at Inspectorates are to be recruited in the course of 2002, 39 of whom will be recruited from the National Public Health Service (ANTSZ) for the additional task of air quality monitoring. Qualified staff are also to be recruited in 2002 to the National Park Directorates, the Ministry of Environment including the LIFe-office, ANTSZ (300), and the Technical Safety Inspectorate. However, staffing is not yet satisfactory, and should be further enhanced. Additional training and equipment is also needed, in particular to implement the IPPC Directive, in order to be able to meet the increasing requirements before accession.

The currently rather complicated permitting system is likely to be facilitated by the future application of IPPC. In this respect, and given the accumulation of water competencies by the MOE, the currently separate water permits should be incorporated into the integrated one. In general, it seems that the current permitting procedures are well developed to achieve a high level of environmental protection and seek to ensure strict conditions for process operation. However, the institutional roles and consultation procedures are highly complex, and it is doubtful whether the resources involved in these procedures are optimal either for environmental protection or for the operator. The challenge of IPPC is that the REIs will need to take on yet more co-ordinating roles, and it may be necessary to review the overall national system at this time.

A complex range of institutional responsibilities is involved in environmental monitoring. This complexity results in duplication. This concerns in particular water quality monitoring, where similar activities may be undertaken by the REIs and the Regional Water Directorates. While all REI laboratories are accredited, the laboratories of other regional authorities are not all accredited, and the analyses they conduct may not be compatible with the REI laboratories. In other areas, no unified data register is in operation. Moreover, no adequate system of data supply is operational yet, which makes the exchange of information at international level difficult.

As regards planning, the necessary procedures for planning exist. Some efforts should be made to accelerate the establishment of: air quality plans for the reduction of excedances in the zones where these are expected; waste management plans at regional and local levels; and pollution reduction programmes for List II substances. All these plans and programmes should be in place before accession, in order to be in application by accession or to serve as a basis for the corresponding permitting.

As regards inspections and enforcement, a range of inspection types are available, linked to strong conditions for assessing permits backed up by efficient monitoring. The frequency of inspections and staff capacity are in general sufficient, at least to cover present tasks. But integrated inspections need to be developed, which will probably result in an increased need for staff and certainly for adequate training. There is an imperative need to considerably strengthen the NEI in view of the considerable amount of cases it will have to handle in the future in its capacity as an appeal body, and the advice and assistance it would have to provide to the REIs both for complex permitting issues and integrated inspections. The inspection activity of self-governments needs to be reviewed. Greater flexibility needs to be available for non-compliance responses, and fines should be reviewed to become more deterrent and effective.

Furthermore, considerable investments need to be secured, also in the medium term, to ensure the implementation of the environmental acquis.

Conclusion

In its 1997 Opinion, the Commission concluded that full transposition of the environmental acquis in Hungary could be expected in the medium term. It added that effective compliance with a number of pieces of legislation requiring a sustained high level of investment and considerable administrative effort (e.g. urban waste water treatment, drinking water, aspects of waste management and air pollution legislation) could be achieved only in the long to the very long term. The Commission noted that substantive compliance would depend on implementing changes in the structure of the enforcement system and its instruments, while at the same time applying the proposed national environment accession strategy. In addition, it depended also on an increase in public and private investment.

Since the Opinion, Hungary has achieved considerable progress in aligning with the EC environmental acquis, in particular over the past two years. Hungary has also maintained a significant investment level and has improved its administrative capacities.

Negotiations on this chapter have been provisionally closed. Hungary has been granted transitional arrangements with regard to the acquis on packaging and packaging waste (until 31 December 2005), on urban wastewater treatment (until 31 December 2015), on large combustion plants (until 31 December 2005) and on the incineration of hazardous waste (until 31 December 2005). Hungary is meeting the majority of the commitments it has made in the accession negotiations. However, delays have occurred in the areas of horizontal legislation (adoption of a national climate change strategy) and waste management (adoption of the National Waste Management Plan and of regional and local waste management plans, legislation on packaging and packaging waste and waste oils). These issues need to be urgently addressed.

In order to complete preparations for membership, Hungary`s efforts need to focus on finalising transposition (in the sectors of air quality, waste management, nature protection and chemicals) and on strengthening the administrative capacity.

---

Next: Chapter 23: Consumers and health
Up: 3.1. The chapters of the
Previous: Chapter 21: Regional policy and