Capacity Building in Implementation of the Environmental Acquis at the Local and Regional Level
Capacity Review Report
Hungary
Date: 8.10.04
Prepared by: Dr. Iván Gyulai
Checked by: Norman Sheridan
Client Ref. No.: EuropeAid/116215/CSV/PHA
Capacity Building in Implementation of the Environmental Acquis
Capacity Review - Hungary
Foreword
Background of the Project
In 2003 the European Commission, Directorate General for Environment, decided to launch a project in the 10 Phare countries (Estonia, Latvia, Lithuania, Poland Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania) aimed at improving the implementation of the following directives:
- Integrated Pollution Prevention and Control (Directive 96/61/EC)
- Environmental Impact Assessment (Directive 97/11/EC)
on regional and local level.
Each country has selected 4 to 8 pilot areas in which the training takes place. The training comprises regional workshops in each pilot area plus national workshops. Two Multi-country workshops, where the 10 participating countries can exchange experience and views, are included in the project.
The project was initiated in December 2003 and is expected to end in June 2005.
The project is implemented and managed by a Consortium comprising 4 international consulting companies (Carl Bro, COWI, DHV and Milieu) assisted by national companies in the 10 Phare-countries - including subsidiaries of the consortium companies.
The objectives of the project
Overall objectives
The overall objective is as follows:
· To develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of EIA and IPPC. This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.
Specific objectives
The specific objectives of this contract are as follows:
· Better understanding in the PHARE countries of the steps needed to improve implementation of EIA and IPPC directives at local and regional level.
· Better trained local and regional authorities in each country able to effectively implement environmental acquis, particularly the EIA and IPPC directives.
· Preparation of models of good environmental administration at the local and regional level in the PHARE countries
· Preparation of strategies for broader application of the experiences of the pilot areas within each PHARE country.
Objective of This Report
The objective of this report is to assess the strengths and weaknesses of the present administrative practice and capacities in the countries. It focuses on EIA and IPPC implementation, and is based on the Institutional Review which focuses on the administrative structures in place for implementation, including an assessment of the transposition of the EIA and IPPC Directives, and the Training Needs Assessment which assesses the needs of the regional staff selected for training under this project. This Report forms an essential background review of the current state of play in the country, and will serve as a basis for any recommendations for improvements to legal arrangements and/or administrative practices to ensure full effective implementation of the EIA and the IPPC Directive.
Preparation of Report
This report is prepared by Country Manager Erzsebet Schmuck. Further information may be obtained from Erzsebet Schmuck () or from Assistant Team Leader Grith Lindgreen Petersen ()
Final Version 08-10-04 CMDC Joint Venture iv
Capacity Building in Implementation of the Environmental Acquis
Capacity Review - Hungary
Contents
Foreword i
Contents iii
Abbreviations iv
A. Capacity Review Environmental Impact Assessment 1
A.1. Summary 1
A.2. Introduction 2
A.3. The Current Legal Framework 2
A.4. Institutional Arrangements 5
A.5. Trainees Review 6
A.6. Assessment of Current Administrative Practices 12
B. Capacity Review Integrated Pollution Prevention and Control 14
B.1. Summary 14
B.2. Introduction 14
B.3. The Current Legal Framework 15
B.4. Institutional Arrangements 16
B.5. Trainees Review 19
B.6. Assessment of Current Administrative Practices 26
C. Annex I: Institutional Review - EIA 29
C.1. Introduction 29
C.2. Legal Assessment 29
C.3. Publicly Available Guidance Documents 50
C.4. Institutional Arrangements 51
C.5. Procedural Issues 55
D. Annex I: Institutional Review - IPPC 65
D.1. Introduction 65
D.2. Legal Assessment 65
D.3. Publicly Available Guidance Documents 69
D.4. Institutional Arrangements 70
D.5. Number of Installations in Hungary by Region 78
D.6. Procedural Issues 79
E. Annex II: Conclusions on the Training Needs Assessment - EIA 92
E.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in EIA Determination in Hungary 92
E.2. Subject Matter Knowledge Capacities and Experiences 92
E.3. Conclusion on Knowledge and Experience of Staff Dealing with EIA Determination 95
F. Annex II: Conclusions on the Training Needs Assessment - IPPC 96
F.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in IPPC Permits in Hungary 96
F.2. Subject Matter Knowledge Capacities and Experiences 97
F.3. Conclusion on Knowledge and Experience of Staff Dealing with IPPC Determination 100
Abbreviations
ADU-KÖFE / Baja, Environmental Inspectorate of the Lower-Danube RegionAEP / Act on Environmental Protection
BAT / Best Available Techniques
BREF / BAT Reference Document
DetEIA / Detailed Environmental Impact Assessment
DIPP & EA / Department for Integrated Pollution Prevention and Environment Assessment (within NDfENW)
DIPPH / Department of Integrated Pollution Prevention and Health (within MfEW)
EDU-KÖFE / Gyor, Environmental Inspectorate of the Northern-Transdanube Region
EIA / Environmental Impact Assessment
ELV / Emission Limit Value
EPER / European Pollutants Emission Register
EüM / Ministry for Public Health
FVM / Ministry for Agriculture and Rural Development
GD / Government Decree
GHG / Greenhouse Gases
IPPC / Integrated Pollution Prevention and Control
KDT-KÖFE / Szekesfehervar, Environmental Inspectorate of the Middle-Transdanube Region
KHVM / Formerly: Ministry for Transport, Media and Water
KöM or KvVM or KTM / Former names used in Hungarian legislation documents for the Ministry for Environment and Water
KÖR-KÖFE / Gyula, Environmental Inspectorate of the Koros Region
KTV-KÖFE / Szolnok, Environmental Inspectorate of the Middle-Tisza Region
KvvM / Current name used in legislation for the Ministry for Environment and Water
MfEW / Ministry for Environment and Water
MR / Formerly used: Ministerial Council Decree (before 1989)
NDfENW / National Directorate for Environment, Nature and Water
NYuDu-KÖFE / Szombathely, Environmental Inspectorate of the Western-Transdanube Region
PreES / Preliminary Environmental Study
REI / Regional Environmental Inspectorate
Final Version 08-10-04 CMDC Joint Venture iv
Capacity Building in Implementation of the Environmental Acquis
Capacity Review EIA - Hungary
A. Capacity Review Environmental Impact Assessment
A.1. Summary
The overall objective of the project “Capacity building in implementation of the environmental acquis” is to develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of Environmental Impact Assessment (EIA) and Integrated Pollution Prevention and Control (IPPC).
This Capacity Review Report focuses on EIA implementation in Hungary, and is based on the Institutional Review which focuses on the administrative structures in place for implementation, including an assessment of the transposition of the EIA Directive, and the Training Needs Assessment which assesses the needs of the regional staff selected for training under this project. This Report forms an essential background review of the current state of play in Hungary and will serve as a basis for any recommendations for improvements to legal arrangements and/or administrative practices to ensure full effective implementation of the EIA Directive.
Both the EIA Directive and the relevant parts of Directive 2003/35/EC on public participation and access to justice have been fully transposed into Hungarian legislation.
A number of Guidance Documents are available on the web site of the Ministry of Environment; however these date from 1996 and would benefit from updating in light of the Decree of 2001 which implements EIA and the guidance documents prepared by the EU in 2001.
The Regional Environmental Inspectorate (REI) is responsible for all aspects of EIA implementation, except that the Ministry is involved when there is a trans-boundary context. The REIs do not have a specific EIA department, and thus tasks are fragmented between the various (media specific) departments. There is therefore a problem in taking an ‘integrated’ approach to each EIA application. Statutory consultation authorities are clearly defined but often do not participate actively in the EIA process.
Of more pressing concern is the anecdotal evidence to suggest that the REI usually determines that a detailed EIA is not required for projects falling within Annex II of the Directive—determined more on the basis of work loads and to avoid the lengthy procedure rather than based on environmental and Annex III criteria.
The Ministry would benefit from additional staff, or outside consultants, to assist in the preparation of guidance documents and internal procedures manuals. The REI are said to have sufficient staff to carry out their duties under the EIA legislation – but this may not be the case if more projects were determined to require detailed EIAs.
Staff at both the Ministry and the REIs have good access to computers although the REIs would benefit from better access to the internet.
Because relatively few projects are determined to require a full EIA, The training under this project should particularly focus on screening, scoping, alternatives and mitigation measures. There is also limited experience of public participation processes.
A.2. Introduction
The overall objective of the project “Capacity building in implementation of the environmental acquis” is to develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of Environmental Impact Assessment (EIA) and Integrated Pollution Prevention and Control (IPPC). This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.
This Capacity Review Report focuses on EIA; a separate Report focuses on IPPC.
The time for transposition of the EU Directives into the national legislation, and the effective implementation of this national legislation into the public administrative practise at local and regional level is now very short – for Hungary the deadline for having administrative structures in place is May 2004. Therefore it is essential that the training provided by this project to the local/regional authorities with responsibilities for EIA are focused and specifically directed at their needs and at identified weaknesses or areas of concern.
In addition to the focused training directed to the needs of the trainees in the competent authorities at local/regional level, the project is also required to make proposals for any recommended revision of existing administrative regulations to enhance the implementation of the EIA Directive. The scope of these recommended revisions means that it is necessary to consider not just the legal and regulatory framework for implementation of EIA but also any administrative and technical guidance documents. It will also consider the actual implementation and enforcement – that is to say the administrative practices – currently in place.
Thus it is essential that appropriate background material is collected, reviewed and assessed. This Capacity Review Report summarises this material and assessment. The information itself has been collated in two reports: the Institutional Review - focused on the strength and weaknesses of the administrative structures - and the Training Needs Assessment - focused at the needs of the employees selected for training. The two reports appear as annexes to this report.
A.3. The Current Legal Framework
There are two important pieces of legislation relevant to the EIA Directive.
Based upon the authorization of Act No. 53 of 1995 on the General Rules of Protection of the Environment (AEP), a Government Decree No. 20 of 2001 (14th of February) is devoted to implement the general rules of the Act.
According to the Decree an Environmental Impact Assessment shall cover the examination of
a) the activity’s impacts on environmental elements
b) the activity’s impacts on systems, processes, structure of environmental elements
c) expectable changes as consequences of the aforementioned impacts in the health and socioeconomic situation –especially in the quality of life and conditions of land use– of the affected people.
The Competent Authority for determining EIA applications is the Regional Environmental Inspectorate (REI).
An EIA is obligatory for all projects falling within Chapter A of Annex 1 of the Decree on EIA. All activities included in Annex I of the EIA Directive are included in this Chapter, although the Hungarian legislation sets some stricter thresholds for certain types of projects. In addition Chapter A of Annex 1 of the Decree includes some additional types of projects, such as utilisation of forest areas over 50 Ha, and large uranium mining.
Chapter B of Annex 1 of the Decree lists those types of projects for which an EIA may be required. This Chapter B includes all the types of projects listed in Annex II of the EIA Directive. Threshold values are set for many of the types of projects listed in Chapter B of Annex 1 of the Decree.
Annex III of the EIA Directive is transposed by Annex 4 of the Decree. Thus screening is carried out using both the thresholds and a case-by-case basis.
All projects, whether Chapter A or B or otherwise, including expansion of existing projects, require a Preliminary Environmental Study (PreES). A decision is made by the REI whether the non-Chapter A projects will require a full EIA, based on the PreES and the Annex 4 criteria, and after comments are received from the statutory authorities. This procedure also helps ensure that developers do not try and split projects to avoid the EIA. The PreES is made available to the public, as is the decision of the REI whether a detailed EIA is required or not.
If an EIA is required, the REI uses the PreES to determine the scope of the detailed EIA that the developer will be required to undertake.
The detailed EIA is also made available to the public for comment and is forwarded by the REI to other authorities with responsibilities for the environment for their comments.
The REI makes its decision on whether to grant the environmental permit after considering the detailed EIA and any comments received. Its decision is made available to the public.
The EIA procedure as it follows: