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REC Home PageREC PublicationsThe BulletinVolume 10 Number 1

 


CEE law report

 

Updates on legislation from around the region by Jerome Simpson, jsimpson@rec.org

Hungary
Hungary's new Waste Law, passed on May 23, brings Hungary one step closer to compliance with the European Union's Waste Framework Directive 75/442. It incorporates into Hungarian law the principles of integrated pollution prevention, precaution, polluter pays, regionalism and manufacturer responsibility.

The Act is expected to contribute to a reduction in waste levels through the promotion of collection, separation and resource recovery. It also offers general rules and procedures for waste management, treatment and recovery. These rules include encouraging product manufacturers toward the efficient use of resources; clearly indicating product properties on packaging; legally binding producer take-back of waste; and obliging "dealers" and waste producers/holders to engage in waste separation. Waste recovery is expected if it is ecologically beneficial, technologically feasible and economically sound.

Further to these obligations, the Act states that a minimum of 50 percent, by weight, of packaging waste will be recovered by July 1, 2005. Within this general target, a minimum of 25 percent of the total packaging materials contained in packaging waste will be recycled - or a minimum of 15 percent for each type of packaging material. The biodegradable organic material content of waste disposed in landfills, is to be reduced to 75 percent of current values by July 1, 2004, 50 percent by July 1, 2007 and 35 percent of current values by July 1, 2014.

Local governments are expected to ensure the disposal of abandoned waste, maintain public areas through regular services and manage municipal waste. In settlements where no public service exists for the treatment of solid waste, services will be organised by Jan. 1, 2002, for villages of 2,000 or more permanent inhabitants, and by Jan. 1 2003 for smaller villages. These same deadlines, and similar rules, will apply to the development of systems for the treatment of liquid waste.

A National Waste Management Plan will be developed within 180 days of Jan. 1, when the law entered into force. Regional waste management plans will be distributed within 270 days of the release of the national plan. Local waste management plans will be prepared by local governments 270 days after that. All plans will be drawn up for a period of six years by inspectorates for environmental protection, together with local governments, other authorities and NGOs. A report on their implementation will be issued every two years.

Waste data issues are well referenced by the Act, which calls for establishing a waste treatment information system as an independent part of the National Environmental Protection Information System. The producers and holders of waste and operators of waste management facilities shall record the amount and composition of waste generated and treated.

The law provides for local public hearings on decisions regarding waste treatment, including decisions on the establishment of waste disposal plants, municipal waste separation, etc. In a further step toward community involvement, information related to waste treatment shall be presented as part of the National Master Curriculum. Environmental awareness will be promoted.

All the necessary secondary legislation required to implement the law, such as fees for public services, fines and the content of waste management plans, are expected during 2001. The list detailing those items suitable for recovery was adopted in January 2001, while in the coming months rules for treatment of waste oils and batteries will be passed. New EU Directives adopted since Hungary's law was introduced, such as the directive on municipal waste incineration, will be addressed in 2002.

Czech Republic
Law No. 353/1999 on Major Accident hazards came into effect in early February 2000. The law sets out the duty of legal entities and individuals who own or use properties where specific dangerous substances are located. Operators are bound to inform the public and relevant authorities as to site-related activities, while a programme must be developed for ensuring the prevention of major accidents. Owners and operators are obliged to hold insurance against major accidents. A fine of CZK 5 million will be charged for non-compliance. Military and nuclear properties are exempt from the law, and liability is covered in separate laws. The new Ordinance 8/2000 details the methods of risk assessment.

In October, Mining Act No. 44/1998 was amended to prohibit the use of cyanide in leaching technologies in mining operations. Also last year, the Forest Act of 1998 was amended by Law No. 67/2000. Accordingly, each forest owner should have a land use plan, which must be approved by the relevant authority. Without such a plan, exploration of forest land is only permissible with the approval of the forestry authority. Fines of up to CZK 1 million will be assessed for any breach of the plan or law.

Summarised from the European Environmental
Law Report, June 2000 and other sources

Click to Enlarge

Waste is dumped at a site handling Budapest’s garbage. The way Hungarians deal with their waste will be changed by a new law.

 

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