What did the Republic of Hungary require to do, to achieve an effective system of environmental law in preparation of joining the European Union?

University Degree Law

Environmental Law

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Economic activity inevitably stress on the environment.

An effective system can help achieve a balance between these too often competing forces. Membership of the European Regime requires such an effective system of law.

What did the Republic of Hungary require to do, to achieve an effective system of environmental law in preparation of joining the European Union?

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Research Report

I began my research with hard copies. I started with recommended books on the relevant topic. First, I read Environmental Law (Bell and McGillivray). Although, I did not find the latest edition at Stratford Public Library but it was very helpful in identifying principles such as; sustainable development, precautionary principle and the ‘polluter pays’ principle.

I carried on with the research and discovered a book on the Environmental Policy in the European Union (John McCormick), that book assisted me to obtain a wide knowledge of European environmental law.

I started to search journals, European Environmental Law Reviews and the Journal of Environmental Law at London Met Library. Scanning through the headings and further reading, I located articles relating to Hungary and environmental implementation procedures. I took notes from those relevant Reviews between 1992- April 2004.

Following some references from the above journals I was led to ENDS Report but, due to its unavailability at our university, I registered online and searched for some up-to-date news and narrowed the search for Hungary recent environmental issues. The major case I found was that of a cyanide spill spread from a Romanian factory to a Hungarian ‘Tisza’ river in which thousands of fish were killed, described as the region’s worst environmental pollution incident. I have included in my work but the same incident happened on 12 April this year. Also the issue of Hungary’s ban on genetically modified (GM) maize. Commission allowed the ban on 18 February this year.

Later on, I went to UCL (University Collage London) Library and found extensive resources, most of the books, articles and journals I studied, I found there, including the ENDS Reports and the book Our Common Future which clearly states how poverty and economy is destroying our planet and I used quotations from the later book to start my introduction and to finish my conclusion.

Although, I had problems finding cases but eventually I came across International Environmental Law in National Court book, however I had still not found any cases on the failure of Hungary to implement its directives.

Therefore, I went on to westlaw, lexis-nexis and also the European Union’s website. I discovered very few cases, some of them was not in English.(mainly French)

Online registration of ENDS Europe gave me daily emails on recent articles of European environmental issues, where I found the case, Commission v Hungary where Hungary received the first written warning for failing to implement nature protection law and that the EU Habitats law is incomplete. The action processed under Article 226.

On the 16/04/2009 I called Dr Paul Ashley Director of Environment Management in the UK to ask as to the implications of non implementation of the Habitats Directive, where there was no helpful response.

Due to personal reasons I had to travel to Hungary, where I took the opportunity to do some research in the ‘Halis Istvan City Library’ (possess an impressive catalogue) and found out how Hungary developed since1989 (transition) expressing with diagrams, that I attached to my work.

Also, I came across with journals on the ‘green police’ how they enforcing the law.

Had answers to questions like what is the priority in Hungary, how Hungary financing the projects on sustainable development, what areas are problematic and so on. All these issues included in the work.

Throughout my research, my strategy was to seek whether Hungary applies correctly the precautionary principle and how Hungary worked its way through to join the EU. Most importantly, how the economic activity and growth can change the environment.

‘The environment is everything that isn’t me’

(Albert Einstein)

INTRODUCTION

‘What is needed now is the new era of economic growth – growth that is forceful and at the same time socially and environmentally sustainable.’

There are moral bases on which environmental law rests, but there can be discerned a number of fundamental principles which, while not law themselves, nevertheless serve to underpin and guide the development and application of the rule of law. These principles are; sustainable development, precautionary principles, ‘polluter pays’ principles.

Sustainable development is a concept of raising income coupled with increases in educational standards placing value on the environment.

On precautionary principle there are three formulation that law could require; 1.progress until a project is judged innocent, 2.ordinary progress until findings of guilt are made, 3.no progress until intensive research has been conducted into a purposed process and its innocence has been demonstrated.

In the centrally planned economy, the state was invariably polluter and environmental rule enforcer; it was in its self-interest to perpetuate artificial economic development which did not favour energy sufficiency, conservation of raw materials, or prevention of pollution.

Consequently, economic mismanagement and pursuit of political interests rendered environmental protection relatively unimportant.

Hungary has signed the Europe Agreement in December 1991, although the official application for membership of the European Union has only been submitted in March 1994.

Central Fund of Hungary for Environmental Protection Act LXXXIII of 1992 came into force in 1 January 1993, established among other special funds. The purpose of the Act was to support the establishment of an economic structure protecting the environment, avoiding environmental damage and to maintain protected natural values and areas. Furthermore, Hungary raised money on fuel tax, income tax and other incomes. ‘There is no art which one government sooner learns of another than that of draining money from the pockets of the people’.

The new statute had languished in various drafts since 1990 (after the transition) and ...

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Central Fund of Hungary for Environmental Protection Act LXXXIII of 1992 came into force in 1 January 1993, established among other special funds. The purpose of the Act was to support the establishment of an economic structure protecting the environment, avoiding environmental damage and to maintain protected natural values and areas. Furthermore, Hungary raised money on fuel tax, income tax and other incomes. ‘There is no art which one government sooner learns of another than that of draining money from the pockets of the people’.

The new statute had languished in various drafts since 1990 (after the transition) and was much heralded as an important step in Hungary’s compliance with its Europe Agreement in harmonizing

its domestic environmental law to EU standards.

On 30 May 1995 Parliament adopted Act No LIII of 1995 on the General Rules of Environmental legislation, including Act No II of 1976.

Generally speaking, customary international law had little impact in Hungary before the amendments of 1989/90. Hungary has accepted the dualist model of international treaties by requiring that, in order to acquire domestic legal force, the treaties have to be incorporated through a statute on executive decree or some other national legal norm. According to s16 of this Law Decree international treaties containing general mandatory norms have to be promulgated in a Hungarian legal norm corresponding to the level of that treaty. Although, certain provisions been superseded by the Act XI/1987 on legislation they still remain force in Hungary.

GENERAL

In the last decades of the 20th century an increasing attention was paid to the environmental questions and to the impacts of human activities on the environment. It became obvious that the only way to maintain economic and social development is to balance them with the environment, in order to protect and to avoid permanent environmental damages, using natural resources carefully and improving the quality of life.

Hungary, since 1980’s, has promulgated as statutes or other domestic norms, a variety of international treaties in environmental matters.

Having considered the environmental aspects among others the sustainable development has become the philosophy of our era. Sustainable development as political objective has implicitly created more requirements against environmental information system. It needs developing and operating of such statistics and analyzing tools that can reliably and objectively describe the state of the environment and can disclose interactions between the economy and the environment. Thus, these tools would effectively be able to contribute to the enhancement of environmental consciousness of society and to the well-founded decisions concerning the environment and to monitoring the implementation of decisions.

Furthermore, provisions, articles like 79 and 80 provide for co-operation between the EU and Hungary in respect of the environment and water management.

Act LIII/1995 on the general rules concerning Environmental Protection mentioned above contains provisions found in both the EC Treaty and secondary legislations. The purpose of this Act, laid down in s1, amount to an extensive elaboration of the EC Art.174. Moreover, developing the basic principles for protecting the environment, ss6-9 on precaution, prevention, restoration and responsibility follow EC Art.174.

USE OF NATURAL RESOURCES

In the past 20 years it became evident that the constant economic growth and the rapid expansion of population draw on and pollute natural resources. With this measure of use and pollution, natural resources may drain or suffer irreversible quality loss in long term, compromising the sustainability of human life on Earth.

The survey of World Resources Institute showed that in the last fifty years of the 20th century the population of Earth grew more than hundred percent, the number of cities with more than 8 million inhabitants increased, motor vehicles grew, the water use of mankind tripled, the measure of fishery increased, the coverage of Earth with rainforests decreased by 30%.

The general aim to use the natural resources in a human and economical way, combine the use of these resources from the economic growth and the expansion of population. Mankind has an especially great responsibility in the sustainable use of land, forests, seas and water resources.

Inland primary energy needs are mostly based on fossil energy sources; the consumption of renewable and partly renewable sources is still low. During the accession negotiations Hungary was obliged by the EU to reach a 3.6% share of renewable electricity for 2010. Regarding the gross inland consumption from renewable the EU have not set any targets so far, nevertheless Hungary aims at reaching a contribution of 6-7% to total gross inland consumption.

The role of nuclear energy continues to be controversial, nevertheless the total production of electricity is steadily growing and thus, the consumption of fossil fuels is still increasing. Because of the decreasing industrial output in the beginning of the 90s in Hungary the electricity production from fossil fuels has dropped by almost 6%, although from 1993 until now it shows a slight increase. In 2004 the electricity production from fossil fuels represents 70% of the total electricity demand that is expected to remain stable. On 10 April 2003 there was a breakdown in the Nuclear Power Station in ‘Paks’, hence the share of fossil fuels of 2003 is considered an outlier value.

LOSS OF BIODIVERSITY AND STRATEGY

In 1992, the UN Environment and Development Conference (called Earth Summit), held in Rio de Janeiro, made a legally binding agreement on biodiversity that support the preservation of living world.

Biodiversity is the result of the progress that lasts for three and a half billion years, but mankind has been demolishing this inheritance very fast.

The number of species endangered by human activities and the number of natural or semi-natural habitats being destroyed, fragmented or changed are constantly growing, and this process destabilizes the ecosystems.

Among areas under natural conservation national parks represent the most versatile national protection category, which serves as preservation and presentation of the most important areas in original status.

From 1990 total natural conservation area increased by 46%.

Hungary has a rich and in many respect unique living world and the protection and preservation of them means a lot of responsibility. A National nature Conservation Master Plan to be developed in the framework of the National Environmental Protection Program, in order to define the tasks and policies connected with the conservation of nature and biodiversity.

In 2004 the area of national parks amounted to 484 000 hectare, that is 56% of total natural conservation areas.

Although, the country has done well, however, in 2004 Hungary received the first written notice from the Commission for failing to implement nature protection law. The Commission stated: due to illegal logging and the country’s transposition of EU habitats law is incomplete.

WASTE

The waste policy presented in the Sixth Environmental Action Program of the EU focuses on the prevention of waste generation. Waste generated should be reused; the next step is the promotion of recovery. The goal is the minimization of final disposal.

As a result of economic growth, waste from all sources has increased dramatically over in the last decades. The waste management sector, in charge of waste treatment and disposal, has become an independent economic sector, as waste management becomes an environmental problem of growing concern.

Hazardous and non-hazardous waste present risks to the environment. The environmental impacts that have been most closely associated with waste management are; pollution of ground and surface water, soil contamination and nature deterioration, additional health impacts from odour, noise, hazardous gas emission and uncontrolled fires.

According to the European guidelines, from 2001, data on municipal waste are collected in mass unit in Hungary too. Data of former years registered in volume capacity have been converted according to the change of unit of measurement.

The Sustainable Development Strategy of EU postulated in 2001 that by 2020 only those chemicals should be produced or used that bears no risk at all to the human health and to the natural environment.

WATER POLLUTION

The Fifth and the Sixth Environmental Action Programs of EU consisted key targets to save the quantity and quality of water resources.

Pesticides can reach surface and ground water easily by precipitation and they affect unfavorably the quality of drinking water resources.

The most important Council Directives relating to water protection determine quality requirements concerning surface water (74/440 EEC) ground water (80/68 EEC) and drinking water (80/778 EEC). According to the last one the threshold value of individual polluters (pesticide) can be 0.1 g/l while that of for total pesticides it is only 0.5 g/l.

The most important case on water pollution was the Romanian cyanide spill into the ‘Tisza’ river in February 2000. The World Trade Organization (WTO) limit for cyanide concentration in drinking water is 0.1ppm. According to Dr. Varga amount fell to 0.4ppm.

Moreover, very recently, 12 April 2009 the same accident happened but at that time the pollution has not reached the Hungarian border.

AIR POLLUTION

Emissions of NMVOC (non-methane volatile organic compounds) shall, according to the Gothenburg Protocol, be reduced to 195 000 tonnes in 2010. In 2007 these emissions amounted 199 000 tonnes. Since the peak year 2001, emissions have almost halved. NMVOC emissions are mainly related to evaporation of fossil fuels and also related to the use of different solvents in the households. The most important substances in this relation are petrol, benzine, acetone, toluol and xilol that have not only unpleasant odour, but toxic impacts on the environment.

According to the Geneva Protocol emission and trans-boundary flows of VOCs are needed to be restricted. Hungary has undertaken an obligation of reducing the amount of emitted VOCs to the level of 1998 of 205 kilotons. In 2000 the emission of NMVOCs was 173 kilotons.

In 2003 1/3 part of NMVOC emission was originated from transport activities.

Over the last 8 years the emission of NMVOC originated from transport and the use of solvents decreased by 23%, while the emissions from industry was tripled and from other branches increased by 25%.

Over the period of 1980-2003 the quantity of emitted SO, has recorded a decreasing trend, it dropped from 1633 kilotons to 347 kilotons resulting in a decrease of 79%.

The main reasons for the significant downturn mentioned above are: reduction of sulphur content of fuels, utilization of de-sulphurizing equipments at use of coal furthermore preferring gas to coal for heating in the households.

After the Geneva Agreement, the first protocol was adopted in Helsinki (1985) on reduction of emission and transboundary flow of sulphur oxides by 30% that was followed by the second protocol on further reduction. Hungary undertook the obligation to reduce the S02 emission by 2000 to 898 kilotons, by 2005 to 816 kilotons and by 2010 to 653 kilotons.

Common Regulation having environmental control on the examination of automotives established provision with regard to the period, when owners of automotives shall take their vehicle to an environmental control.

PROGRESS TOWARDS ACCESSION

The commission has published the last progress report before Hungary and the other candidates had joined the EU. The date of the accession was scheduled for 1 May 2004. According to the report Hungary has achieved considerable alignment with the EC environmental acquis. In order to complete the alignment, measures still need to be adopted in the fields of air quality, waste management and nature protection.

LIFE is the financial instrument of the European Union for supporting environmental and nature conservation projects. Hungary has not been left alone, joined the LIFE Program as early as in 2000, and therefore as an associate member had been co-financed by LIFE, furthermore completed 31 projects which totaled approximately 20 million Euros.

The LIFE + Regulation, published on 9 June 2007, the LIFE + Program, the new financial instrument for the environment entered into force. The general aim of the LIFE + program is to contribute to the implementation, modernization and enhancement of the environmental policy and legislation of the Community.

In 1991 Hungary has signed the agreement with EBRD who is therefore, transition towards market orientated economies in the twenty-seven countries of Central and Eastern Europe and from 2006, also in Mongolia.

ENFORCEMENT OF LAW

Hungary is enforcing the EC and the National law by defining charges, using the ‘polluter pays’ principle. Fines are to be paid on every kind of damage on environment using the same principle. There are a special forces in Hungary that called ‘Green Commando’ with their aid and achievement Hungary had been able to spend 55 million HUF (Hungarian Forint) extra on environment in the past six months.

CONCLUSION

‘It is impossible to separate economic development issues from environmental issues. Poverty is major cause and effect of global environmental problems.’

Our environment is valuable we must take care of it; however there exists no development without investment.

Although, it has taken thirteen years for Hungary to achieve reasonable development in order to join the EU, however there are certain fields, where substantial effort must be made. Furthermore, it is clear, that poverty, environmental degradation and population growth are inextricably related and that none of these fundamental problems can be successfully address in isolation. It seems that without meeting the basic needs of human beings, concern for the environment has to be secondary.

There are Structural Funds, which represent the second largest budget in the Community; taking approximately one third of the annual EU budget, the objective of the regional policy is to minimize economic and social disparities between European regions.

.‘To remain balanced, economic growth must henceforth be guided and controlled to a greater degree by quality requirements. Controversially, the protection of environment is both a guarantee of and the prerequisite for a harmonious development of economic activities. Further, references to living standards had to be reinterpreted to take account of the quality of life.’

Appendix

Appendix 1

Appendix 2

Amount of hazardous waste generated (kg/capita)

Appendix 3

Appendix 4

Nitrogen emission factor: 4.4kg/capita

Phosphorous emission factor: 1kg/capita

Appendix 5

Emission of sulphur dioxide by Industries (kg/capita)

Consumption of petrol and diesel oil by road vehicles

Energia Központ Kht. - Source: Energy Centre Hungary

Bibliography

Books:

Environmental policy in the European Union, John McCormick, General Editors: Neill Nugent, William E. Paterson, Vincent Wright, 2001, Palgrave

Environmental Law, Textbook, Stuart Bell, Donald McGillivray, Seventh Editions, 2008, Oxford Press

The Economic Dynamics of Environmental Law, David M. Driesen, 2003, MIT Press (Massachusetts Institute of Technology)

International Environmental Law in National Courts, Michael Anderson, Paolo Galizzi, 2002, BIICL (British Institute of International and Comparative Law)

Guide to International Environmental Law, Alexandre Kiss, Dinah Shelton, 2007, Kononklije Brill NV, The Netherlands

Theory and Practice of Transboundary Environmental Impact Assessment, Legal Aspects of Sustainable Development, Kees Bastmeijer, Timo Koivurova, 2008, Kononklije Brill NV, The Netherlands

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Environmental Principles and Policies, An Interdisciplinary Introduction, Sharon Beder, 2006, University of New South Wales Press

International Law and the Resolution of Central and East European Transboundary Environmental Disputes, Paul R. Williams, 2000, Macmillan Press

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Delegation of the European Commission to Hungary, Allan f Tatham, Faculty of Law, Legal Adviser

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Golder Associates (UK) Ltd, Neil Pert, Marketing Manager

Mott MacDonald, Dr. Paul Ashley, Director/Environment Management

European Environmental Law Review

Country Reports, March 1993, Volume 2, Number 3, Gabriella Ormai and Istvan Kovari, Attorneys at Law

New Environmental Legislation in Hungary, November 1995, Volume 4, Number 11, David Stabb and Eszter Torok, McKenna Ormai & Co, Budapest

Hungarian Legislation on Waste, December 1996, Volume 5, Number 12, David Stabb and Eszter Torok, McKenna Ormai & Co, Budapest

Hungarian Environmental Law, June 2000, Volume 9, Number 6, Dr. Remo Savoia, expert in environmental law and policy of the EU and CEE countries; Member of the Academy of European Law, Budapest

Country Reports, April 2003, Volume 12, Number 4, 97-128, Remo Savoia Ph.D, Academy of European Law, Budapest

Country Reports, October 2003, Volume 12, Number 10, 257-288, Remo Savoia Ph.D, Academy of European Law, Budapest

Hungary the Green Accession, November 2003, Volume 12, Number 11, 289-320, Remo Savoia Ph.D, Academy of European Law, Budapest

Country Reports, April 2004, Volume 13, Number 4, 97-128, Remo Savoia Ph.D, Academy of European Law, Budapest

Enforcement of European Environmental Law- Legal issues and challenges, Martin Hedemann-Robinson, (Abingdon, Routledge-Cavendish, 2007, xxxv + 573pp), Journal of Environmental Law, Published by Oxford University Press

About us, tasks and role in the utilization of EU Funds, Development Directorate, (Partnership, Sustainability, Environment, Consciousness, Efficiency), Ministry of Environment and Water, Hungary

Magyar Nemzet (Hungarian Daily Paper), October 2003

Official Journal of the Ministry Environment and Water, 2003

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, through Athens

, through Athens

, IP/09/510, Brussels, 31 March 2009

Our Common Future, Chairman of the Commission: Gro Harlem Brundtland (Norway)

Environmental Law, 5th edition, S. Bell and D. McGillivray

1978 Jogtudomanyi Kozlony XXIII. 672, Hungarian Law Review

1993 Magyar Kozlony (Hungarian Official Gazette)

European Environmental Law Review, March 1993, Country Reports, pp. 51

Adam Smith (1723-90) Scottish Economist, The Wealth of Nations

International Environmental Law in National Courts: M. Anderson, pp. 137-143

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Law Decree II/1982 Magyar Kozlony 82/71, 1218 (Hungarian Official Gazette)

Magyar Kozlony 1987/65, 1624 (Hungarian Official Gazette)

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The World Commission on Environment and Development has defined the sustainable development as follows: "Development is sustainable when it meets the needs of the present without compromising the ability of future generations to meet theirs"

International Environmental Law in National Courts: M. Anderson, pp. 109

International Environmental Law in National Courts: M. Anderson, pp. 137-143

Large amount of them, e.g. crude oil, coal in non-renewable and therefore has limited availability.

Environmental Pressure Indicators of Hungary, Government sources

See appendix 1 (at the end) Source: HCSO Agricultural and Environmental Statistics Department, Hungary.

See appendix 2, Sources: Ministry of Environment and Water, Hungary

Hungarian Master Program adopted by the parliament (Decision N 83/1997)

ENDS Report online, 2004

Article 226 of the treaty gives the Commission powers to take legal action against a Member State that is not

respecting its obligations.

See Appendix 3, Ministry of Environment and Water

See Appendix 4

ENDS European Report, online resources

Pressure Indicators of Hungary, 2005

See Appendix 5

Appendix 6

No. 7/2002 of the Ministry of Economics and Transport

European Environmental Law Review, April 2003

Ministry of Environment and Water, Development Directorate, Hungary

Agreement establishing the European Bank for Reconstruction and Development (Paris: EBRD, May 1990)

Theory and Practice of Transboundary EIA, 2008, Netherlands

Our Common Future, pp. 45

Preface, OCF

Bull, EC Supplement, 5/73