Recycling and waste management

A guide to the general EU waste management requirements and general waste management requirements in EU Member States

Kulcsszavak: waste; waste management; waste management permit; qualification; fine; registration; transportation; collection; trade; brokerage; treatment; disposal; recovery; recycling; pre-treatment; data provision; supervision fee; public service

Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives establishes essential requirements for the management of waste, notably an obligation for an establishment or undertaking carrying out waste management operations to have a permit or to be registered. In Hungarian law, Act CLXXXV of 2012 on Waste (hereinafter referred to as the ƒƒ“Waste Act”) specifies which waste management operations are subject to authorisation and which establishments or undertakings are required to have a permit for or to register their waste management operations.

Applications for the authorisation and registration of waste management operations must be prepared pursuant to Government Decree No 439/2012 of 29 December 2012 on the registration and authorisation of waste management operations (hereinafter referred to as the “Decree”). During the authorisation and registration procedure, you must present the statements and certificates stipulated in the Decree as well as the equipment needed to carry out the operation. The waste management permit and registration are valid for 5 years from the date of issuance of the permit or the date of registration, respectively. Applications must be submitted electronically through the Customer Portal to the township office of the competent county government office of your place of business (premises). The contact details of offices are listed on the website of the government offices (kormanyhivatal.hu). If the permit for waste management operations or the application for registration covers areas that are under the jurisdiction of more than one regional environmental authority (for example, waste management operations carried out in the administrative area of more than one county or nationwide), the case is dealt with by the National Environment and Nature Protection Department of the Pest County Government Office.

A supervision fee must be paid per premise for operations that are subject to a waste management permit or registration.

Undertakings holding a waste management permit must keep a register on waste and must provide data as defined in Government Decree No 309/2014 of 11 December 2014. Data must be provided annually per premise on a dedicated website (National Environmental Information System – OKIR portal).

Undertakings (manufacturers, distributors, dealers, brokers, waste treaters) whose waste management operation concerns packaging waste are required to keep a register. (Government Decree No 442/2012 of 29 December 2012)

The register must indicate the nature, type and quantity (kg) of the packaging waste used to create the package; the quantity (kg) of the package taken back, used or reused by material; the type and quantity (kg) of the packaging waste received and collected; the type and quantity (kg) of the packaging waste recycled as input or the material of which is reused or which is recovered for energy purposes or in any other way.

Manufacturers and brokers must register and provide data on their waste management operations involving batteries and electronic waste. (Government Decree No 445/2012 of 29 December 2012)

With respect to vehicles that have become waste, manufacturers or broker organisations assuming the obligations of a manufacturer are registered by the national environmental authority (National Environment and Nature Protection Department of the Pest County Government Office). Furthermore, manufacturers, distributors and scrapyards must keep an up-to-date register on data that are to be provided for vehicles that have become waste. (Government Decree No 369/2014 of 30 December 2014)

Regarding the waste of electric and electronic appliances, manufacturers or their authorised representative can request the national environmental authority to register the manufacturers of electric and electronic appliances. (Government Decree No 197/2014 of 1 August 2014)

A waste management fine may be imposed if a waste management operation is continued after the expiry of the waste management permit or registration, a waste management operation is not carried out in accordance with the permit or registration, or a waste management operation is carried out without a permit or registration.

Authorities must meet the following deadlines:

Waste management operations are registered in 8 days in a summary procedure and in 60 days in an ordinary procedure.

Applications for the authorisation of waste management operations are assessed within 55 days of their receipt. If an application is complete, the authority decides in 8 days in a summary procedure.

Clients must meet the following deadlines:

The relevant authority may not be able to fully establish the facts and circumstances on the basis of the application submitted to make a decision. In such cases the authority calls on the applicant to provide additional information. In general, authorities allow 8 days for applicants to pay the administration service fee and 15 days to supply any missing document.

 Non-hazardous waste producers, collectors, dealers and treaters must provide data on the previous year through the National Environmental Information System (OKIR portal) by 31 March each year. For hazardous waste, data must be provided quarterly, within 30 days following the quarter concerned.

Registration of brokers and dealers:

Brokers and dealers can get registered by completing and submitting electronically the form in Annex 1 of the Decree. The form is available on the website of the national environmental authority (kormanyhivatal.hu/pest). Here you can also access instructions for the registration of waste management operations.

Applicants must attach the following to their applications:

You must provide evidence of the available financial means or the guarantee thereof.

Regarding your former waste management operations, you must declare if a final judgment found you guilty of damaging the environment or nature, or violating the rules of waste management under the Criminal Code; if you are banned from practising a profession that involves waste management; if a final decision established your remediation liability under the Act on the General Rules of Environmental Protection and if you met such liability within the deadline set for fulfilment; and if public funds were needed for the state or county or local government to treat the waste that was left behind after the discontinuation of your former operations.

Clients must also declare if they are listed in the database of taxpayers with no outstanding public dues.

You must also send a document certifying you have environmental impairment liability insurance (insurance policy).

Authorisation of collection, transportation, brokerage and trade operations:

Applications for a waste management permit for collection, transportation, brokerage and trade operations must contain the following:

The name, seat and premise of the applicant and their statistical identification data, such as their environmental client code (KÜJ identifier), environmental territorial code (KTJ identifier), statistical code of the Central Statistical Office (classification of economic activities), company registration number, tax number, or if self-employed, the number of their sole trader’s licence, if any.

Designation of the waste management operation planned and its detailed description. The type, nature and quantity of the waste to be collected, transported, brokered, traded during the waste management operation.

The territorial area covered by the waste management operation (e.g. Hungary, Baranya county).

You must provide evidence of the available financial means or the guarantee thereof.

You must present the personnel and equipment needed to carry out the waste management operation and the related public health conditions, as well as the technology, equipment and vehicles to be used and vehicle transportation capacity. You must also present the technical and environmental characteristics of the waste storage facility, if any, and the documents certifying its condition, quality and equipment.

Your application must include the address, lot number, technical and environmental characteristics, the condition, quality and equipment of the premises where the waste management operation is carried out, the place where the transportation vehicles are stored, cleaned and maintained, the capacity of the waste collection site at your premises, if any, and the site permit or the number of the notification of the establishment of a site.

You must also present an incident response plan (loss event plan).

You must also send a document certifying you have environmental impairment liability insurance (insurance policy).

Applicants must also submit proof of employing an environmental officer (work contract, cooperation agreement).

For collection and transportation operations, your application must include a relevant environmental qualification of at least secondary level of the manager directly supervising these operations or a copy of the document attesting their employment as an environmental officer.

Regarding your former waste management operations, you must declare if a final judgment found you guilty of damaging the environment or nature, or violating the rules of waste management under the Criminal Code; if you are banned from practising a profession that involves waste management; if a final decision established your remediation liability under the Act on the General Rules of Environmental Protection and if you met such liability within the deadline set for fulfilment; and if public funds were needed for the state or county or local government to treat the waste that was left behind after the discontinuation of your former operations.

You must prove that you have no outstanding taxes and dues to be paid to the national or local tax authority.

If waste is stored at your premises, you must provide data and information on the means and the conditions of storage.

Instructions concerning authorisation can be found on the website of the National Environment and Nature Protection Department of the Pest County Government Office.

Authorisation of waste treatment (In addition to the section “Authorisation of collection, transportation, brokerage and trade operations”)

The designation of the environmental authority granting the permit for waste treatment operations carried out at the premises of the applicant, the exact name of the waste treatment operation, the permit number if authorisation of the waste management operation has already been completed, the address and KTJ identifier of all the premises, the KÜJ identifier of the applicant, and the exact name of the waste management operation carried out at the premises.

Designation of the operations carried out during waste treatment, presentation of the necessary special conditions. The maximum quantity of waste on which the operation is carried out, if both solid and liquid waste are transported, the quantity of waste must be indicated also separately.

Pursuant to Decree No 14/2015 of 31 March 2015 of the Minister for Agriculture on the administration service fees payable for the procedures conducted by environmental and nature protection authorities (hereinafter referred to as the “Fee Decree”) the authorisation and registration of waste management operations are subject to the payment of a service fee. Annex 1 of the Fee Decree lists the fees payable for the specific waste management authorisation and registration procedures.

Pursuant to Decree No 14/2015 of 31 March 2015 of the Minister for Agriculture on the administration service fees payable for the procedures conducted by environmental and nature protection authorities (hereinafter referred to as the “Fee Decree”) the authorisation and registration of waste management operations are subject to the payment of a service fee. Annex 1 of the Fee Decree lists the fees payable for the specific waste management authorisation and registration procedures.

The administration service fee must be paid to the account of the county government office to which the application for authorisation has been submitted. The account numbers of county government offices are listed in Annex 7 of the Fee Decree.

The relevant body is the competent environmental authority of the place of the applicant’s premises (or seat, if there are no premises).

The competent authority is the township office of the county government office, for their contact details please visit kormanyhivatalok.hu.

If the procedure covers areas that are under the jurisdiction of more than one regional environmental authority, the competent authority is the National Environment and Nature Protection Department of the Pest County Government Office.

If you disagree with the decision of the authority, you can challenge the decision made on your application. To do so, you must submit an application initiating proceedings to the competent county (or Budapest) government office within 30 days of service of the decision ( that is, the day on which the client received the document containing the decision or the day on which it is considered to be served under law). The government office then forwards the application to the competent court of first instance which will conduct an administrative proceeding of first instance. The first instance judgment can also be challenged, the court of second instance is the Supreme Court of Hungary.

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Act CLXXXV of 2012 on Waste

Act CXXV of 2013 on the Qualification of Public Service Waste Management Operations

Government Decree No 439/2012 of 29 December 2012 on the registration of waste management operations and their authorisation

Government Decree No 71/2015 of 30 March 2015 on the designation of bodies to act as environmental and nature protection authorities with the corresponding administration duties

Decree No 14/2015 of 31 March 2015 of the Minister for Agriculture on the administration service fees payable for the procedures conducted by environmental and nature protection authorities

Government Decree No 246/2014 of 29 September on the rules of setting up and operating waste management facilities

Government Decree No 271/2001 of 21 December 2001 on the rate of waste management fines and their imposition and establishment

Government Decree No 309/2014 of 11 December 2014 on the registration and data provision obligations related to waste

Government Decree No 225/2015 of 7 August 2015 on the detailed rules of operations related to hazardous waste

Government Decree No 314/2005 of 25 December 2005 on environmental impact assessment and the integrated environmental permit

Government Decree No 57/2013 of 27 February 2013 on site permits and certain production and servicing activities conditional on notification of the establishment of a site as well as the rules of granting site permits and notification

Government Decree No 197/2014 of 1 August 2014 on waste management operations related to electric and electronic appliances

Government Decree No 442/2012 of 29 December 2012 on packaging and waste management operations related to packaging waste

Government Decree No 445/2012 of 29 December 2012 on waste management operations related to batteries and storage batteries

Government Decree No 197/2014 of 1 August 2014 on waste management operations related to electric and electronic appliances

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