EIA DIRECTIVE- Hungary The protection of the environment has become an important obligation for any developing state

Than!s to the European "nion# investors in the $ember %tates# including Hungary# have to meet certain minimum re&uirements 'ith a vie' to protecting the environment The Hungarian regulations currently in force are fully in line 'ith the directives and regulations of the European "nion It follo's from this that the five most important principles of environment protection must be enforced also in Hungary( the protection of the environment should be e)tended to every sector* emphasis should be laid on prevention* pollution should be eliminated at source* measures should be brought 'herever they are the most efficient* the polluter should pay for the use of the environment* and should anyone violate the regulations should be fined In Hungary# environmental impact analysis is regulated by +overnment Decree ,-./0112 34II 02 5 6rior to the commencement of any operation having significant impact on the environment# either legislation or the Environment 6rotection Inspectorate may obligate the operator to conduct an environmental impact analysis The environmental impact analysis consists of a preliminary environmental study phase and depending on the type of impact the activities concerned have on the environment may consist of an additional impact analysis procedure or an I66C 3Integrated 6ollution 6revention and Control5 procedure* or their combination or lin!age "pon the operator7s re&uest# the environmental protection authority may conduct a preliminary environmental study procedure in every case There are# ho'ever# certain activities specified in the government decree# 'hich 'hen pursued the operator must initiate the preliminary environmental study 8ased on the preliminary environmental study# the environment protection authority decides 'hat specific procedure of investigation is applicable to the planned activity or operation Accordingly# distinction is made bet'een the follo'ing( 1.) environmental impact analysis# 2.) I66C 3Integrated 6ollution 6revention and Control5 procedure# and 3.) other official procedure 3e g # site licensing procedure5 1.) Environmental impact analysis The need for an environmental impact analysis may be 'arranted by the si9e of the area used# the e)tent of the e)ploitation of natural resources# or the restriction of their usability# the e)tent of the ris! of accident or brea!do'n# the sensitivity of the area used# the relative scarcity of the natural resources concerned# etc The environmental impact analysis has to cover the environmental elements of the activity 3land# air# 'ater# flora and fauna# the man-built environment# including historical monuments# historical sites and the archaeological heritage5# their systems# processes and structure 3in particular# the sceneries# the settlement and the climate5# the health status of the population concerned# as 'ell as their socio-economic position 3&uality of life# the conditions of land use5# the specification of the e)pected impact and 'hether the operation can be licensed To launch the procedure# and environment impact study has to be submitted to the Inspectorate In that study# it is necessary to summarise the results of the preliminary environmental study# the statements of the co-authorities# a detailed description 'ill have to be provided on the nature# magnitude and geographical e)tent of the impact factors# etc The Inspectorate ma!es its decision on the basis of all the data available to it in relation to the case# according to 'hich a5 it issues the environmental license re&uired to pursue the activities studied# or b5 it refuses the re&uest# or c5 it re&uires an additional procedure

The period of validity of the environmental license is at least five years# unless other legislation stipulates a different period for the pursuance of the given activity or the operation of the facility# but it can also be issued for an indeterminate period In the event that an activity or facility is planned 'hich is used e)clusively or mainly to develop or test ne' methods or products# the period of validity of the environmental license may not be longer than t'o years 2.) The IPPC procedure :ollo'ing the preliminary environmental study# the environment protection authority 'ill decide about conducting an I66C 3Integrate 6ollution 6revention and Control5 procedure# if it is necessary to prevent the emission of pollutants by certain activities# or to reduce emissions that burden the elements of the environment or the factors impacting the environment The best available technology is to be applied in order that the activities pursued should ; generate less 'aste# ; use less ha9ardous materials# ; facilitate the reuse or recycling of the materials and 'astes generated or used in the process# ; use the various ra' materials 3including 'ater5 and energy in the most efficient 'ay possible # The use of the best available technology is re&uired in the course of the implementation# pursuance and termination of the operation ali!e If a ne' activity or operation is planned# the licensing procedure is initiated by the re&uest of the operator In the event of an already e)isting activity/operation# the Inspectorate 'ill obligate the operator to carry out a full environmental audit 'hen the I66C is obtained on the first occasion The I66C permit may be issued for a specified period not e)ceeding five years* the re&uirements and conditions set forth in it must be revie'ed at least every five years The duration of the environmental audit is generally t'o months 3.) The rules of the combined procedure The Inspectorate may re&uire the combined performance of the environmental impact analysis and the I66C procedure If that is the case# the time limit of the procedure 'ill be e)tended as appropriate Here# too# the procedure is launched upon the re&uest of the operator# redundant repetitions should# ho'ever# be avoided if possible in the re&uest submitted in this 'ay 4.) ules of the lin!ed procedure A t'o-phase# lin!ed procedure may be conducted 'hen the Inspectorate establishes about an activity that it is sub<ect to both the environmental impact analysis and the I66C procedure# but the t'o procedures cannot be combined The first phase is governed by the rules of the environmental impact analysis# 'hile the second phase by those of the I66C procedure 6rior to the commencement of the second phase# the Inspectorate may allo' for starting investment in infrastructure or construction type activities not of a technological nature re&uired for the start of operations provided that the operator underta!es in contract not to go for'ard 'ith the investment and the construction pro<ect in the event that the Inspectorate does not issue the I66C permit at the end of the investigation The environment protection authority 'ithdra's the license# if the operations or the construction/preparatory 'or!s re&uired for it have not been commenced 'ithin five years from the license becoming final The license is 'ithdra'n also# if the license holder declares that he does not 'ish to ma!e use of the environment license or the I66C permit# or if the conditions obtaining at the time of issuing the license have changed substantially The application for a building permit is to be submitted to the authorities together 'ith the environmental license or the I66C permit As these licenses/permits constitute a substantial precondition for the investment pro<ects# 'e recommend the engagement of e)perts to dra' up the documentation for all of the procedures