Services Directive: Assessment of Implementation Measures in Member States

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1 Services Directive: Assessment of Implementation Measures in Member States National Report for Hungary Part Two: Analysis of national requirements in specific service sectors

2 This National Report has been prepared by Katalin Császár for. under Contract No MARKT/2011/035/E1/ST/OP with the European Commission, DG Internal Market and Services. The views expressed herein are those of the consultants alone and do not necessarily represent the official views of the European Commission.. (Belgium), 15 rue Blanche, B-1050,, tel: ; Fax ; [email protected]; web address:

3 National Report Part Two Analysis of national requirements in specific service sectors TABLE OF CONTENTS ABBREVIATIONS 1. Introduction Retail Tourism Food and beverages Real Estate Education Crafts, construction and certification services Regulated Professions Conclusions... 32

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5 ABBREVIATIONS PB Services Act propane butane Act LXXVI of 2009 on general rules in the taking up and the pursuit of service activities Services Directive Directive 2006/123/EC of the European Parliament and of the Council on 12 December 2006 on services in the internal market

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7 1. Introduction National measures implementing Articles 14, 15 and 16(2) of the Services Directive The Hungarian Services Act (Act LXXVI of 2009 on general rules in the taking up and the pursuit of service activities) lays down the general principles applicable to all service sectors and establishes provisions on the exercise of the freedom of establishment and the free movement of services. This framework law of horizontal application transposes the main provisions of the Services Directive (Directive 2006/123/EC). Article 4 of the Services Act transposes the following Article 14 requirements of the Services Directive: Article 4(2)(a)-(c) transposes Article 14(1); Article 4(2)(d) transposes Article 14(3); Article 4(2)(e) transposes Article 14(2); and Article 4(2)(f) transposes Article 14(8). In addition, Article 5 of the Services Act transposes the requirement of Article 14(6). References to other Article 14 requirements of the Services Directive were identified in Articles and 22(2) of the Services Act. The provisions of Article 14 are almost literally reproduced in the above listed Articles of the Services Act. According to the Services Act, Article 14 requirements cannot be imposed on any service providers in Hungary and consequently the sector-specific legislation must not contain reference to such requirements. With regard to the transposition of Article 15 of the Services Directive, the Services Act in its Article 51(a) states that the Minister responsible for external affairs should notify the European Commission of any draft laws, which set requirements referred to in Article 15 of the Services Directive. Article 15 requirements are reproduced verbatim in Article 52 of the Services Act. This Article states that such requirements could be included in the sector-specific legislation or in the internal regulation of professional organisations. This, in principle could mean that those requirements that are maintained after the screening process are listed in the relevant sector-specific legislation. It is noted that the Services Act does not reflect Article 15(3) to (6) of the Services Directive. This however, does not seem to affect the effectiveness of the transposition as most of these paragraphs (apart from Article 15(3)) refer to the future obligations of Member States and consequently are not meant to be transposed. Article 7 of the Services Act implements the freedom to provide services clause found in Article 16 of the Services Directive. Certain Article 16(2) requirements were not referred to in Article 7(1) of the Services Act: establishment requirement (Article 16(2)(a)), requirement banning the establishment of an infrastructure in the territory of the hosting Member State (Article 16(2)(c)), the requirement for specific contractual arrangements (Article 16(2)(d)) and the requirement to use certain equipment and material while carrying out service activities (Article 16(2)(f)). This could be explained by the fact that the relevant sector-specific legislation does not make the access to and exercise of service activities subject to such requirements anymore. Nevertheless, the regulatory technique used makes the implementation somewhat incomplete and may cause legal ambiguity as there seems to be nothing in the legislation which would prevent the legislator from introducing such requirements in the future. According to the Services Directive, requirements can only be imposed on cross-border service providers if justified by one of the reasons listed in its Article 16(1) and (3). Reference to the four justification reasons is reproduced in the Services Act. However, it is noted that Article 7(1) of the Services Act adds two additional criteria to the exhaustive list of the Services Directive. These additional criteria could fall under the broadly interpreted notion of public policy. With regard to the National Report for Hungary, May 2011 /1

8 principles of non-discrimination and proportionality, the Services Act does not include equivalent clauses. In order to complete the sections below, both the primary and the secondary legislation was reviewed. This includes legislation which was amended due to the implementation of the Services Directive, and legislation which in general terms is relevant for the given sector. The aim of the review was to confirm whether or not any of the Article 14, 15(2) and 16(2) prohibitions remains in place in the reviewed sectors. National Report for Hungary, May 2011 /2

9 2. Retail 2.1 Overview It is noted that some of the legislation reviewed would also be relevant for other sectors such as for food and beverages. As an example, Ministerial Decree 52/2010 (IV.30.) on the production and marketing of food by small-scale producers lays down provisions applicable to the sale of food products by small-scale producers. In addition to these rules, some paragraphs of the Ministerial Decree set the rules applicable to catering activities provided by such producers. As these latter provisions constitute only minor part of the Ministerial Decree, and its main aim is to set rules applicable to the selling of food products, the assessment of the Ministerial Decree is covered under this section. For the purpose of the study, the following legislation was reviewed: Act XLVIII of 1993 on mining Act CXVI of 1996 on atomic energy Act XLII of 1999 on the protection of non-smokers, the consumption and trade of tobacco products Ministerial Decree 16/2000 (VI. 8.) on the implementation of certain provisions of Act CXVI of 1996 on Atomic Energy 1 Act CVIII of 2001 on certain issues of electronic commerce services and information society services Government Decree 191/2002 (IX.4.) on the placing on the market and supervision of explosives for civil uses Act LII of 2003 State recognition of plant varieties and the production and marketing of propagating material Government Decree 94/2003 (XII. 18.) on the authorisation and supervision of activities which related to the bottling of liquid propane butane gases and butane gases Act CXXVII of 2003 on the excise duty (taxes) and the specific rules of selling excise goods Government Decree 162/2003 (X.16.) on the production and marketing of plants used to produce narcotic drugs Government Decree 175/2003 (X.28.) about the instruments particularly hazardous to public safety Ministerial Decree 7/2004 (XI. 23.) on the professional requirements for marketing, repairing and hiring of therapeutic equipment 2 Government Decree 16/2004 (II. 6.) on the authorisation of export, import, transfer and transit of military goods and services Act XXIV of 2004 on firearms and ammunition Ministerial Decree 37/2004 (IV.16.) on food supplements 3 Ministerial Decree 48/2004 (IV.21.) on the production and marketing of seeds 4 Ministerial Decree 49/2004 (VIII. 31.) on shooting-grounds, authority storage of firearms and ammunition and the theoretical and practical requirements of possession of firearms 5 Ministerial Decree 50/2004 (IV.22.) on the production and marketing of propagating material for vegetables Ministerial Decree 64/2004 (IV.27.) on the production and marketing of propagating material for fruits 1 Decree adopted by the Ministry of Health 2 Decree adopted by the Ministry of Health 3 Decree adopted by the Ministry of Health, Social and Family Affairs 4 Decree adopted by the Ministry of Agriculture and Rural Development 5 Decree adopted by the Ministry of Interior Affairs National Report for Hungary, May 2011 /3

10 Ministerial Decree 74/2004 (IV.29.) on inspection, verification and certification of precious metals 6 Government Decree 253/2004 (VIII. 31.) on arms and ammunition Ministerial Decree 52/2005 (XI. 18.) on the trade of drugs for human use 7 Act CIX of 2005 on the authorisation of production of military goods and of military services Government Decree 159/2005 (VIII. 16.) on drug precursors Act CLXIV of 2005 on trade Government Decree 301/2005 (XII. 23.) on the detailed rules of authorisation of production of military goods and of military services Act XCVIII of 2006 on general provisions relating to the reliable and economically feasible supply of medicinal products and medical aids and on the distribution of medicinal products Ministerial Decree 87/2006 (XII.28.) on the production and marketing of propagating material for grapes 8 Ministerial Decree 32/2007 (III. 19.) on the marking of military goods and the registration of military goods and services 9 Act LXXXVI of 2007 on energy Act XLVI of 2008 on the food chain and supervision by the authorities Act XL of 2008 on the supply of natural gas Ministerial Decree 45/2008 (IV.11.) on the marketing of propagating material for ornamentals 10 Act LXI of 2009 on the collection and sale of metals with the aim of minimising the abuse with these activities Ministerial Decree 79/2009 (VI.30.) on the standardisation, production, marketing, signature and control of agricultural and ecological products 11 Government Decree 210/2009 (IX.29.) on the conditions governing commercial activities Government Decree 41/2010 (II.26.) on keeping animals for leisure purposes and on the trade of pets Ministerial Decree 43/2010 (IV. 23.) on pesticides 12 Ministerial Decree 52/2010 (IV.30) on the production and marketing of food by small-scale producers Prohibited requirements - Article 14 analysis Article 14 checklist Reference Prohibited requirements Finding Notes Situation preimplementation Situation postimplementation 14(1) Requirements based directly or None identified. indirectly on nationality or residency 14(5) Economic tests None identified. 14(6) Involvement of competing operators None identified. in the decisions of competent authorities 14(7) Obligations to obtain financial None identified. guarantees or insurances from operators established in the same Member State 6 Decree adopted by the Ministry of Economy and Transport 7 Decree adopted by the Ministry of Health 8 Decree adopted by the Ministry of Agriculture and Rural Development 9 Decree adopted by the Ministry of Economy and Transport 10 Decree adopted by the Ministry of Agriculture and Rural Development 11 Decree adopted by the Ministry of Agriculture and Rural Development 12 Decree adopted by the Ministry of Agriculture and Rural Development 13 Decree adopted by the Ministry of Agriculture and Rural Development National Report for Hungary, May 2011 /4

11 Findings with respect to the Article 14 prohibitions None of the Article 14 prohibited requirements was identified in the reviewed primary and secondary legislation. This is in compliance with Article 4 of the Services Act, which lists the Article 14 prohibited requirements and states that such requirements cannot be imposed on service providers in Hungary. It is noteworthy that in Hungary only those service providers who are members of a dairy association can sell propagating materials. Such requirement is not discriminatory in the sense that such dairy associations can be established by anyone, regardless the nationality of the natural persons and the residency of the undertakings. However, it can be argued that such requirement makes the provision of services more burdensome to cross-border service providers already established in other Member States or seeking to establish in Hungary. 2.3 Requirements to be evaluated - Article 15 analysis Article 15(2) checklist Reference Requirements to be evaluated Finding Notes 15(2)(a) Quantitative or territorial restrictions X Tobacco products cannot be sold in public education, social, children welfare and public health institutions. Radioactive products can only be sold upon authorisation. The territorial scope of permission is limited to the area of competence of the administrative authority issuing the permit. Small-scale food producers can sell their products to e.g. small shops and catering establishments that are situated within 40 km from the place of production. Findings with respect to the Article 15 elements for evaluation, including justification analyses According to Article 5(1) of Act XLII of 1999 on the protection of non-smokers, the consumption and trade of tobacco products, tobacco products cannot be sold in certain places, such as in public health and education institutions. Such requirement which determines the geographic location or the physical place where a given service can be provided falls under Article 15(2)(a) of the Services Directive. A territorial restriction was identified in Article 20(1)(a) of Act CXVI of 1996 on atomic energy (Atomic Energy Act) and Article 14(3) of Ministerial Decree 16/2000 (VI. 8.) on the implementation of certain provisions of Act CXVI of 1996 on Atomic Energy (Ministerial Decree on atomic energy). According to Article 14(3) of the Ministerial Decree on atomic energy, the territorial scope of permissions issued by the Radio-hygiene Department (Sugarugyi Decentrum) is valid in the area of competence of the Radio-hygiene Department. The activities for which such permission would be required are listed in Article 20(1)(a) of the Atomic Energy Act, which includes inter alia the marketing of radioactive products. Moreover, a territorial restriction was identified in Article 4(1) and (2) of Ministerial Decree 52/2010 (IV.30.) on the production and marketing of food by small-scale producers. The Article restricts the territory where small-scale food producers can sell their products (i.e. raw materials), by stating that their food can only be sold to e.g. small food shops, catering establishment and markets which are situated within 40 kilometres from the place of production. In addition to the prohibition of Article 15(2)(a) of the Services Directive, other prohibited requirements were also identified. National Report for Hungary, May 2011 /5

12 Requirements relating to the shareholding of companies are prohibited under Article 15(2)(c) of the Services Directive. According to Article 51(1) of Act XL of 2008 on the supply of natural gas, a service provider can sell propane butane (PB) gas to consumers if the majority of the PB gas network is owned by the given service provider. According to Article 15(2)(h) of the Services Directive, obliging an operator to supply other services jointly with his services is prohibited. Within the mutual evaluation process, Hungary reported a similar requirement. According to Article 6/A(1)(a)-(e) of Ministerial Decree 7/2004 (XI.23.) on the professional requirement for marketing, repairing and hiring of therapeutic equipment, a service provider who would like to sell therapeutic equipment must run a call centre, provide home delivery services, give instructions and set up equipment for those ordering it, return such equipment to the place where the service is provided and provide technical advices to customers. Moreover, a reference to the limitation on the choice of legal form was identified in Act CLXIV of 2005 on trade (Trade Act). According to Article 3(2) of the Trade Act, service providers are not obliged to take a special legal form in Hungary, unless otherwise stated in a government decree and justified. According to Article 2(1) Ministerial Decree 52/2010 (IV.30) on the production and marketing of food by small-scale producers, only natural persons can act as small-scale producers. According to the expert such requirement could be seen as contrary to Article 15(2)(b) of the Services Directive. Similar requirement was identified in Article 29/A of the Natural Gas Act, which states that only legal persons can sell natural gas to Hungarian consumers, or with respect to cross-border service providers only those which have a branch in Hungary (see also Section 2.4.). 2.4 Restrictions to the freedom to provide services - Article 16(2) analysis Article 16(2) checklist Reference Prohibited requirements Finding Notes 16(2)(a) Obligation to have an establishment in the None identified. territory where the service is provided 16(2)(b) Obligation to obtain an authorisation or a registration X The marketing of arms, paintball guns, ball bearing guns, ammunition (except for ammunitions in museums), Flobert ammunition, ammunition for ball bearing guns and alarm guns, and ammunition parts is subject to authorisation. It is noted that in many cases notification requirements were identified in the reviewed sectorspecific legislation. 16(2)(c) Ban on setting up an infrastructure None identified. 16(2)(d) Application of specific contractual None identified. arrangements between the service provider and the recipient restricting the provision of the service by the self-employed 16(2)(e) Obligation to possess a specific identity None identified. document 16(2)(f) Requirements affecting the use of None identified. equipment 16(2)(g) Restrictions on recipients None identified. Findings with respect to the Article 16(2) prohibitions, including justification analyses According to Article 3(1) of the Trade Act, service providers who would like to carry out trading activities in Hungary are obliged to give notice to the competent authorities. This general rule seems to be applicable to cross-border providers as well. According to Article 3(3) of the Trade Act, there are National Report for Hungary, May 2011 /6

13 exceptions from the general rules described in Article 3(1). The Article states that authorisation requirements could apply to service providers if it is stated in a separate government decree and can be justified by one of the following reasons: public policy, public security, the protection of the environment and public health. In line with Article 3(1) of the Trade Act notification requirements were identified in the following sector-specific legislation: - According to Article 118/A(2) of the Natural Gas Act, cross-border service providers are obliged to notify the competent authorities before starting to sell liquid propane butane gas in bottles, or bottling propane butane gas from pressure bottles into camping bottles. - According to Article 18/C(1) of Act XXIV of 2004 on firearms and ammunitions, crossborder service providers can sell explosives for civil use upon notification. The precondition set by the Article is that cross-border service providers need to be authorised in their country of origin. - According to Article 15(1) of Act LII of 2003 on the state recognition of plant varieties and the production and marketing of propagating materials, cross-border service providers are obliged to notify the competent Hungarian authorities, in order to sell seeds, and reproductive materials for grapes, fruit trees, plants, vegetables, forests as well as for trees used for energy purposes. - According to Article 44(3) of Act XLVIII of 1993 on mining, the marketing of explosives for civil use is subject to notification for cross-border service providers. - According to Article 11(4) of Act XCVIII of 2006 on general provisions relating to the reliable and economically feasible supply of medicinal products and medical devices (also called medical aids) and on the distribution of medicinal products, the marketing of medical devices by cross-border service providers is subject to prior notification. - According to Article 23/A(1) of Act XLVI of 2008 on the Food Chain and Supervision by the Authorities, certain activities carried out by cross-border service providers are subject to prior notification. These activities cover inter alia the marketing of food treated with ionised energy, or the marketing of wild mushrooms. In line with Article 3(1) of the Trade Act, authorisation requirements were identified in the following sector-specific legislation: - According to Article 4/A of Act XXIV of 2004 on firearms and ammunition, cross-border service providers need to possess an authorisation in order to sell arms, paintball guns, ball bearing guns, ammunition except for ammunitions in museums, Flobert ammunition, ammunition for ball bearing guns and alarm guns, and ammunition parts. - According to Article 2/A of Act CIX of 2005 on the authorisation of production of military goods and of military services, the marketing of military products by cross-border service providers is subject to prior authorisation. Following the authorisation, the competent authorities register the cross-border service provider. At this point it is noteworthy that authorisation requirements were also found with regard to the sale of natural gas and energy. However, reference to such authorisation requirements is not provided in the checklist above, as in line with Article 17 of the Services Directive, services related to gas and electricity are exempted from the scope of Article 16, to the extent they are covered by Directives 2003/54/EC 14 and 2003/55/EC. 15 Article 16(2)(a) of the Services Directive prohibits requirements which would oblige cross-border service providers to set up an establishment in the territory of the host Member State. According to 14 Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC - Statements made with regard to decommissioning and waste management activities, OJ L 176, , p Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, OJ L 176, , p National Report for Hungary, May 2011 /7

14 2.5 Conclusions for retail sector Since the implementation of the Services Directive, most of the sector-specific legislation has been amended. Despite the amendments made, certain requirements of Articles 15 and 16 were identified in the reviewed sector-specific legislation. Among the requirements listed in Article 15 of the Services Directive, the following ones were identified: territorial restrictions which determine the geographic location or the physical place where a given service can be provided (Article 15(2)(a)); obligation to take a specific legal form if the service providers want to provide services (Article 15(2)(b)); requirement relating to the shareholding of companies (Article 15(2)(c)); obligation to supply other services jointly with the services of the service provider (Article 15(2)(g)). The identified Article 16 requirements relate to authorisation and notification (Article 16(2)(b)). National Report for Hungary, May 2011 /8

15 3. Tourism 3.1 Overview In order to complete the analysis for tourism services, a review of primary and secondary legislation was undertaken. This includes legal instruments which were amended or adopted pursuant to the implementation of the Services Directive, as well as other legislation which is relevant for carrying out tourism activities. 16 It is noted that some of the legislation reviewed could also possibly fall under other service sectors, e.g. travel agents and tourist operators could also be relevant as regulated professions. 17 Since the relevant rules are laid down in tourism related legislation, the assessment of such cross-sectoral rules is covered in this section. For the purposes of the study, the following sector-specific legislation was reviewed: Act IV of 1959 on the Civil Code Act XI of 1991 on statutory health and administrative activity Ministerial Decree 12/1991 (VI.18.) on the hygienic requirements of the recreation and camping of the learning youth 18 Ministerial Decree 3/1992 (I.13.) on the qualification exams of travel agents 19 Government Decree 121/1996 (VII.24.) on establishing and operating public spas Government Decree 213/1996 (XII. 23.) on travel agent and tourist operator activities Ministerial Decree 5/1997 (III.5.) on the qualification requirements for conducting certain commercial, industrial and tourism activities 20 Ministerial Decree 13/1998 (V.6.) on the opening hours of caves and the conditions for their visiting, as well as on research in caves 21 Act XLII of 2000 on water transport Ministerial Decree 28/2000 (XII.18.) on the authorisation of shipping activities 22 Ministerial Decree 15/2001 (I.16.) on the qualifications required for shipping 23 Government Decree 173/2003 (X.28.) on the non-commercial public, and leisure accommodation services Act CLXIV of 2005 on trade Ministerial Decree 37/2007 (VII.23.) on the hygienic requirements of certain non-business community recreation lodgings 24 Ministerial Decree 14/2008 (XII.20) on providing equestrian services 25 Ministerial Decree 33/2009 (XII.18.) on tourist guides 26 Government Decree 239/2009 (X.20.) on the conditions applicable to provide accommodation and on issuing licences operating accommodations 16 According to Article 2(8) of Act CLXIV of 2005 on trade, the following activities can be considered as tourism related service activities in Hungary: tourist guides, horse-trainers, travel-agents, tour operators and service providers of short/long-stay accommodation. It is noted that there are other tourism related activities that are not covered by this definition, but are relevant for this section, e.g. shipping activities. 17 According to Article 6/F(2) of Act CLXIV of 2005 on trade, only those service providers can act as travel agents and tourist operators who have at least one employee possessing the necessary qualification and practice. 18 Decree adopted by the Ministry of Social Welfare 19 Decree adopted by the Ministry of Industry and Commerce 20 Decree adopted by the Ministry of Industry, Commerce and Tourism 21 Decree adopted by the Ministry of Environmental Protection and Rural Development 22 Decree adopted by the Ministry of Environmental Protection and Water 23 Decree adopted by the Ministry of Environmental Protection and Water 24 Decree adopted jointly by the Ministry of Health and the Ministry of Social Affairs and Labour 25 Decree adopted by the Ministry of Local Authorities 26 Decree adopted by the Ministry of Local Authorities National Report for Hungary, May 2011 /9

16 3.2 Prohibited requirements - Article 14 analysis Article 14 checklist Reference Prohibited requirements 14(1) Requirements based directly or indirectly on nationality or residency 14(2) Requirements limiting the establishment of service providers to one Member State Finding Notes Situation preimplementatioimplementation Situation post- X X Carrying out shipping activities is subject to authorisation. Only legal persons or unincorporated business associations having a registered office in Hungary can apply for authorisations. None identified. 14(3) Requirements limiting the choice of the None identified. service provider between principal and secondary establishment 14(5) Economic tests None identified. 14(7) Obligations to obtain financial None identified. guarantees or insurances from operators established in the same Member State Findings with respect to the Article 14 prohibitions Except for one case, no Article 14 prohibited requirement was identified in the reviewed primary and secondary legislation. Requirements based directly or indirectly on nationality or residency According to Article 3(1) of Ministerial Decree 28/2000 (XII.18.) on the authorisation of shipping activities, carrying out shipping activities is subject to authorisation. It is noted, that in accordance with Article 2(2)(d) of the Services Directive, services in the field of transport are outside the scope of the Services Directive. With this regard the prohibited requirement found in Article 3(1) of the Ministerial Decree would not be relevant. However, the definition of shipping activities 27 covers services (e.g. restaurants) which are not strictly speaking transport related and consequently could fall under the scope of the Directive. In line with Article 4(1) of the Ministerial Decree, only legal persons and/or unincorporated business associations with a registered office in Hungary can apply for authorisation. This can be considered as a direct discrimination based on the location of the registered office, as it excludes legal persons and/or unincorporated business associations with registered office in another Member State from providing shipping services. Such requirement is prohibited under Article 14(1) of the Services Directive. 3.3 Requirements to be evaluated - Article 15 analysis Article 15(2) checklist Reference Requirements to be evaluated Finding Notes 15(2)(a) Quantitative or territorial restrictions None identified. 15(2)(g) Obligations to apply fixed minimum or maximum tariffs None identified. 27 The scope of shipping activities is determined in Article 87 of Act XLII of 2000 on water transport and covers the water transport of passengers and goods, tugboats and other use of ships e.g. as restaurants. National Report for Hungary, May 2011 /10

17 Findings with respect to the Article 15 elements for evaluation, including justification analyses None of the Article 15(2) requirements referred to in the above table were identified in the reviewed sector-specific legislation. In order to provide certain services, some of the sector-specific legislation reviewed requires the service providers to have a minimum number of employees. As an example, Article 2(3)(b) of Ministerial Decree 14/2008 (XII.20) on providing equestrian services states that legal persons can provide equestrian services if they have at least one qualified horse riding instructor employee. Such provisions do not discriminate between national and cross-border service providers seeking to establish in Hungary. Moreover, according to the expert, it can be argued that imposing such requirement could be justified by the reason of protecting human health. Similar provision was identified in Article 6/F of Act CLXIV of 2005 on trade, which requires undertakings providing tour operator and travel agent services to have at least one employee with the necessary qualification. 3.4 Restrictions to the freedom to provide services - Article 16(2) analysis Article 16(2) checklist Reference Prohibited requirements Finding Notes 16(2)(a) Obligation to have an establishment in the None identified. territory where the service is provided 16(2)(b) Obligation to obtain an authorisation or a X Although no authorisation or registration registration requirements were found, in some cases (see below the table) notification requirements were identified in the reviewed sector-specific legislation. These could be as burdensome as authorisation requirements. 16(2)(c) Ban on setting up an infrastructure None identified. 16(2)(d) Application of specific contractual None identified. arrangements between the service provider and the recipient restricting the provision of the service by the self-employed 16(2)(e) Obligation to possess a specific identity None identified. document 16(2)(f) Requirements affecting the use of equipment None identified. 16(2)(g) Restrictions on recipients None identified. Findings with respect to the Article 16(2) prohibitions, including justification analyses None of the Article 16(2) requirements were identified in the reviewed legislation in the tourism sector. However, Article 6/E(3) and 6/F(3) of Act CLXIV of 2005 on trade (Trade Act) refers to prior notification requirements that are applicable to the following cross-border service providers: tourist agents, tour operators and long-term accommodation service providers. The Trade Act does not refer to justification reasons while setting the obligation of notification on service providers nor does it refer to the principles of proportionality and non-discrimination. Moreover, according to Article 4/B(2) of Act XI of 1991 on statutory health and administrative activity, the organiser of a camp for children is obliged to notify the public health authority about the place, starting date, duration, number of participants and other data of the camp six weeks before the starting date. 3.5 Conclusions for tourism sector With the aim of abolishing requirements listed in Articles 14, 15 and 16 of the Services Directive, the sector-specific legislation in Hungary has been amended. Despite the amendments made, one Article 14 prohibited requirement was identified. Article 14(1) of the Services Directive prohibits all discrimination based directly or indirectly on grounds of nationality, or as regards companies, the National Report for Hungary, May 2011 /11

18 location of the registered office. As far as the Article 15 prohibitions are concerned, none was identified in the reviewed sector-specific legislation. Although not an Article 16(2) requirement, notification schemes can also be burdensome to cross-border service providers. Notification requirements are still required is some cases for the provision of a cross-border services. National Report for Hungary, May 2011 /12

19 4. Food and beverages 4.1 Overview The systematic review of the relevant sector-specific legislation covered not only the legal instruments implementing the Services Directive, but also those which are in general terms relevant for the food and beverages sector. It is noted that some of the legislation reviewed e.g. on catering establishments could also fall under other sectors, such as tourism. The majority of the legislation on catering establishments, bars and restaurants is covered under this section, as most of its requirements cover the hygienic, food and safety conditions applicable to the operation of such establishments. Moreover, some of the food related legislation reviewed contains provisions which could also fall under the retail sector. The legislation applicable to the sale of food products is assessed in this section. For the purposes of the report, the following sector-specific legislation was reviewed: Ministerial Decree 9/1985 (X.23.) on food hygiene conditions of producing and trading foodstuffs 28 Ministerial Decree 18/1995 (VII.21.) on catering establishments with arcade room 29 Ministerial Decree 80/1999 (XII.28.) on the hygienic rules applicable to the production and marketing of food by public and private catering establishments 30 Ministerial Decree 36/2004 (IV. 26.) on special foods 31 Ministerial Decree 71/2005 (IX.27.) on defining service fees 32 Act CLXIV of 2005 on trade Ministerial Decree 66/2006 (IX. 15.) on certain hygienic rules applicable to food of animal origin 33 Ministerial Decree 64/2007 (VII.23.) on the hygienic conditions applicable to the production and marketing of food of animal origin 34 Ministerial Decree 67/2007 (VII.10.) on the production of food by catering establishments 35 Ministerial Decree 68/2007 (VII.26.) on the hygienic conditions applicable to the production and marketing of food and its control by administrative authorities 36 Ministerial Decree 4/2009 (I.30.) on the rules applicable to the pricing of products and services 37 Government Decree 55/2009 (III.13.) on markets Ministerial Decree 25/2010 (III.19.) of hygienic rules applicable on wine production and the functioning of wine producers Decree adopted by the Ministry of Health together with the Ministry of Internal Trade 29 Decree adopted jointly by the Ministry of Finance and the Ministry of Industry and Commerce 30 Decree adopted jointly by the Ministry of Economy, the Ministry of Health and the Ministry of Agriculture and Rural Development 31 Decree adopted by the Ministry of Health, Social and Family Affairs 32 Decree adopted by the Ministry of Economy and Transport 33 Decree adopted by the Ministry of Agriculture and Rural Development 34 Decree adopted jointly by the Ministry of Agriculture and Rural Development and the Ministry of Health 35 Decree adopted jointly by the Ministry of Economy and Transport, the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Social Affairs and Labour 36 Decree adopted jointly by the Ministry of Agriculture and Rural Development, the Ministry of Health and the Ministry of Social Affairs and Labour 37 Decree adopted jointly by the Ministry of National Development and Economy and the Ministry of Social Affairs and Labour 38 Decree adopted by the Ministry of Agriculture and Rural Development National Report for Hungary, May 2011 /13

20 Ministerial Decree 57/2010 (V.7.) on the notification and authorisation of the marketing and production of food Prohibited requirements - Article 14 analysis Article 14 checklist Reference Prohibited requirements Finding Notes Situation preimplementation Situation postimplementation 14(1) Requirements based directly or None identified. indirectly on nationality or residency 14(5) Economic tests None identified. Findings with respect to the Article 14 prohibitions None of the Article 14 prohibited requirements was identified in the reviewed primary and secondary legislation. This is in compliance with Article 4 of the Services Act which lists the Article 14 prohibited requirements and states that such requirements cannot be imposed on service providers in Hungary. 4.3 Requirements to be evaluated - Article 15 analysis Article 15(2) checklist Reference Requirements to be evaluated Finding Notes 15(2)(a) Quantitative or territorial restrictions X Alcohol cannot be served in places (e.g. bars, pubs) which are situated within 200 metres from a hospital, school etc. Findings with respect to the Article 15 elements for evaluation, including justification analyses Article 21(2) of Act CLXIV of 2005 on trade, prohibits the serving of alcohol in places (e.g. bars, pubs) which are situated close to public-health institutions, schools etc. Such requirement which determine the geographic location or the physical place where a given service can be provided is prohibited under Article 15(2)(a) of the Services Directive. Prohibited requirements listed in Article 15(2) of the Services Directive can be justified by overriding reasons of public interests. The Trade Act does not refer to any of the overriding reasons of public interests; however, it can be argued that imposing the requirement of Article 21(2) can be justified by public health considerations. Article 21(2) of the Trade Act lists one exception from the general rule, namely places serving warm dishes. Within the mutual evaluation process, Hungary communicated one Article 15(2) requirement that existed prior to the implementation of the Services Directive. Before the implementation of the Services Directive, a fixed tariff requirement was listed in Article 3 of Ministerial Decree 71/2005 (IX.27.) on defining service fees. In line with the provisions of the Article, the fee for catering services, in the form of a tip for the waiters, was maximised to 15% of the price of the customer s dish. In line with Article 15(2)(g) of the Services Directive, such requirements were abolished. 4.4 Restrictions to the freedom to provide services - Article 16(2) analysis Article 16(2) checklist Reference Prohibited requirements Finding Notes 16(2)(a) Obligation to have an establishment in the territory where the service is provided None identified. 39 Decree adopted by the Ministry of Agriculture and Rural Development National Report for Hungary, May 2011 /14

21 16(2)(b) Obligation to obtain an authorisation or a None identified. registration 16(2)(c) Ban on setting up an infrastructure None identified. 16(2)(d) Application of specific contractual None identified. arrangements between the service provider and the recipient restricting the provision of the service by the self-employed 16(2)(e) Obligation to possess a specific identity None identified. document 16(2)(f) Requirements affecting the use of equipment None identified. 16(2)(g) Restrictions on recipients None identified. Findings with respect to the Article 16(2) prohibitions, including justification analyses None of the Article 16(2) requirements of the Services Directive was identified in the reviewed legislation on food and beverages. 4.5 Conclusions for food and beverages sector Despite the amendments made in the sector-specific legislation on food and beverages, one Article 15 requirement was identified. Namely, according to Article 15(2)(a) requirements that determine the geographic location or the physical place where a service is provided are forbidden, unless justified by an overriding reason related to public interests. Although not explicitly stated, according to the expert it can be argued that such prohibition could be justified by reasons of public policy and/or public health. National Report for Hungary, May 2011 /15

22 5. Real Estate 5.1 Overview The systematic review of the sector-specific legislation covered not only the legal instruments implementing the Services Directive, but also those which are in general terms relevant for the real estate sector. In Hungary, real estate agents are considered as regulated professions, thus activities can only be carried out if the natural person proves that he/she possesses such certificate. Activities relating to land surveying and the demarcation of real-estate properties are mostly carried out by the state. However, certain activities, which do not fall under state competences, can also be carried out by private sector service providers. For the purposes of the report, the following sector-specific legislation was reviewed: Act LXXVIII of 1993 on the lease of apartments and premises Act LXXVI of 1996 on land surveying and cartographic activities Ministerial Decree 63/1999 (VII.21.) on the management and provision of surveying and cartographic public basic data and on certain administration service charges 40 Ministerial Decree 31/2009 (XI.18.) on the conditions of pursuing real estate agency, real asset appraiser, and intermediation activities on a professional basis, and on the detailed regulations of the procedure 41 Government decree 217/2009 (X.2.) on the designation of real estate-business supervision authorities 5.2 Prohibited requirements Article 14 analysis Article 14 checklist Reference Prohibited requirements 14(1) Requirements based directly or indirectly on nationality or residency 14(2) Requirements limiting the establishment of service providers to one Member State 14(7) Obligations to obtain financial guarantees or insurances from operators established in the same Member State Finding Notes Situation preimplementatioimplementation Situation post- None identified. None identified. None identified. Findings with respect to the Article 14 prohibitions None of the Article 14 prohibited requirements was identified in the reviewed primary and secondary legislation. This is in compliance with Article 4 of the Services Act which lists the Article 14 prohibited requirements and states that such requirements cannot be imposed on service providers in Hungary. 40 Decree adopted jointly by the Ministry of Agriculture and Rural Development, the Ministry of Defence and the Ministry of Finance 41 Decree adopted by the Ministry of Local Authorities National Report for Hungary, May 2011 /16

23 5.3 Requirements to be evaluated - Article 15 analysis Article 15(2) checklist Reference Requirements to be evaluated Finding Notes 15(2)(b) Obligation for the service provider to take a None identified. specific legal form 15(2)(c) Requirements relating to the shareholding of companies None identified. Findings with respect to the Article 15 elements for evaluation, including justification analyses None of the Article 15 requirements referred to in the above table, were identified in the reviewed sector-specific primary and secondary legislation. However, it is noteworthy that in some cases the Hungarian sector-specific legislation requires service providers to have a minimum number of qualified employees. As an example, according to Article 64/C(3) of Act LXXVIII of 1993 on the lease of apartments and premises, business organisations can only provide real estate and real asset appraiser services if they have one employee possessing the necessary qualification. Such requirement seems to be equally applicable to both national and crossborder service providers seeking to establish in Hungary, thus is not discriminatory. Although not explicitly stated in the reviewed legislation, according to the expert it can be argued that such requirement could be justified by the reason of public policy. 5.4 Restrictions to the freedom to provide services - Article 16(2) analysis Article 16(2) checklist Reference Prohibited requirements Finding Notes 16(2)(a) Obligation to have an establishment in the None identified. territory where the service is provided 16(2)(b) Obligation to obtain an authorisation or a None identified. registration 16(2)(c) Ban on setting up an infrastructure None identified. 16(2)(d) Application of specific contractual None identified. arrangements between the service provider and the recipient restricting the provision of the service by the self-employed 16(2)(e) Obligation to possess a specific identity None identified. document 16(2)(f) Requirements affecting the use of equipment None identified. 16(2)(g) Restrictions on recipients None identified. Findings with respect to the Article 16(2) prohibitions, including justification analyses None of the Article 16 requirements were identified in the reviewed sector-specific primary and secondary legislation. 5.5 Conclusions for real estate sector The result of the systematic review of the sector-specific legislation on real estate services is that there seems to be no requirement which is contrary to Articles 14, 15(2) and 16(2) of the Services Directive. However, one ambiguous provision was flagged, namely that according to certain sector-specific legislation if a business organisation would like to provide real estate, real asset appraiser or intermediation services, it needs to have at least one employee with the necessary qualification. National Report for Hungary, May 2011 /17

24 6. Education The systematic review of the sector-specific legislation covered not only the legal instruments implementing the Services Directive, but also those which are in general terms relevant for the provision of secondary private education services. In Hungary, the secondary (also called tertiary) private education sector encompasses various activities: higher education services, vocational training, adult education and driving courses. It is noted that some of the legislation reviewed contains rules applicable to more than one education related service activity, e.g. the provisions of Act CXXXIX of 2005 on higher education are also applicable to the vocational training of pedagogues and persons working in the health-care sector. As a general rule, art schools in Hungary that provide formal higher education services, are state owned and the education that they provide is mostly publicly funded According to the expert, it can be argued that such services are non-economic services of general interest, and would therefore be excluded from the scope of the Services Directive. Other art schools provide trainings in arts in form of vocational trainings or adult education. Thus the rules applicable to art schools are not assessed separately, but as part of the assessment on adult education and vocational training. It is noted that driving instructors in Hungary are considered as regulated professions. As driving instructors provide educational services, the applicable rules to driving instructors are covered under this Section and not under Section 8 on regulated professions. For the purposes of the study, the following sector-specific legislation was reviewed: Act I of 1988 on road transport (containing rules applicable on providing driving courses) Act LXXVI of 1993 on vocational training Act XXXI of 1996 on fire protection, technical rescue and fire brigades Government Decree 277/1997 (XII.22.) on mandatory vocational training of pedagogues, the pedagogues special examination, and on their incomes and benefits Act CI of 2001 on adult education Act LXXXVI of 2003 on the vocational training contribution and the subsidisation of the development of training Government Decree 22/2004 (II.16.) on the general rules applicable for the accreditation of adult education institutions and programmes Ministerial Decree 24/2004 (VI.22.) on the accreditation process 42 Ministerial Decree 24/2005 (IV.21.) on the rules applicable to the training and professional qualifications of drivers and public transport experts 43 Act CXXXIX of 2005 on higher education Ministerial Decree 10/2006 (IX.25.) on the general rules applicable for the organisation of vocational training 44 Government Decree 79/2006 (IV.5.) on the implementation of certain provisions of Act CXXXIX of 2005 on higher education Government Decree 103/2006 (IV.28.) on the detailed rules applicable to the vocational training of certain regulated professions in the construction sector Ministerial Decree 20/2007 (V.21.) on the issue of the professional and examination requirements of vocational qualifications 45 Ministerial Decree 18/2008 (VI.13.) on the professional training of insurance intermediaries Decree adopted by the Ministry of Labour and Employment 43 Decree adopted by the Ministry of Economy and Transport 44 Decree adopted by the Ministry of Education 45 Decree adopted by the Ministry of Social Affairs and Labour 46 Decree adopted by the Ministry of Finance National Report for Hungary, May 2011 /18

25 Ministerial Decree 27/2009. (X.29.) on professions and functions subject to fire protection examination and organising training in connection with the fire protection examination and the detailed rules of such examinations 47 Government Decree 122/2009 (VI.22.) on the vocational training of those working in the health-care sector Government Decree 111/2010 (IV.9.) on the authorisation of organising vocational training examinations and on its administrative monitoring 6.1 Overview 6.2 Prohibited requirements - Article 14 analysis Article 14 checklist Reference Prohibited requirements 14(1) Requirements based directly or indirectly on nationality or residency 14(2) Requirements limiting the establishment of service providers to one Member State 14(3) Requirements limiting the choice of the service provider between principal and secondary establishment Finding Notes Situation preimplementatioimplementation Situation post- None identified. None identified. None identified. 14(4) Conditions of reciprocity None identified. 14(5) Economic tests None identified. 14(6) Involvement of competing operators in the decisions of competent authorities None identified. Findings with respect to the Article 14 prohibitions None of the Article 14 prohibited requirements were identified in the reviewed primary and secondary legislation. This is in compliance with Article 4 of the Services Act which lists the Article 14 prohibited requirements and states that such requirements cannot be imposed on service provider in Hungary. 6.3 Requirements to be evaluated - Article 15 analysis Article 15(2) checklist Reference Requirements to be evaluated Finding Notes 15(2)(b) Obligation for the service provider to take a None identified. specific legal form 15(2)(c) Requirements relating to the shareholding of companies None identified. Findings with respect to the Article 15 elements for evaluation, including justification analyses None of the Article 15 requirements listed in the table above were identified in the reviewed sectorspecific legislation on education. 47 Decree adopted by the Ministry of Local Authorities National Report for Hungary, May 2011 /19

26 It is noted that Hungary reported one Article 15 requirement within the mutual evaluation process, namely an Article 15(2)(d) requirement on reserving the provision of certain activities to specific service providers. It was reported within the mutual evaluation process that institutions providing vocational examinations outside a school system must be accredited if they want their certificates to be acknowledged as a recognised qualification in the whole territory of Hungary. No such requirement was identified in the reviewed legislation (Act LXXVI of 1993 on Vocational Training and Act CI of 2001 on Adult Education). According to the research, institutions providing vocational training services outside the school system can choose to operate as an adult institution. Adult institutions can optionally choose to be accredited if they would like to provide higher quality services. In other words, it seems that the prior obligation that the mutual evaluation report referred to has become an option under the legal regime of Act CI of 2001 on adult education. 6.4 Restrictions to the freedom to provide services - Article 16(2) analysis Article 16(2) checklist Reference Prohibited requirements Finding Notes 16(2)(a) Obligation to have an establishment in the None identified. territory where the service is provided 16(2)(b) Obligation to obtain an authorisation or a registration None identified. It is noted that in some cases notification requirements were identified in the reviewed sector-specific legislation. 16(2)(c) Ban on setting up an infrastructure None identified. 16(2)(d) Application of specific contractual None identified. arrangements between the service provider and the recipient restricting the provision of the service by the self-employed 16(2)(e) Obligation to possess a specific identity None identified. document 16(2)(f) Requirements affecting the use of equipment None identified. 16(2)(g) Restrictions on recipients None identified. None of the Article 16(2) requirements were identified in the reviewed sector-specific legislation on education. However, a number of notification requirements were identified. Schools Higher education services can be provided by cross-border service providers in Hungary. According to Article 116(7) of Act CXXXIX of 2005 on higher education (Higher Education Act), foreign higher education institutions can provide services in Hungary upon prior notification. Following the notification process, the registration centre registers the foreign higher education institution. As a precondition to be registered, Article 116(7) requires cross-border service providers to prove that they are recognised as a higher education institution and that their diplomas issued are officially recognised in their country of origin. As noted above, the reason for maintaining a notification requirement on cross-border service providers is not explicitly stated in the Higher Education Act; however based on the mutual evaluation report 48 it seems that such requirement was maintained in order to provide benefits for students undertaking studies there (i.e. student card, student loan). Adult education According to Article 8(1) of Act CI of 2001 on Adult Education (Adult Education Act), cross-border service providers may provide adult education services in Hungary upon notification. Following the notification, the competent authorities enter the service provider into the register of adult education 48 Commission Staff Working Paper: On the process of mutual evaluation of the Services Directive,, SEC(2011) 102 final. Available at : National Report for Hungary, May 2011 /20

27 service providers. Although it is not an Article 16(2) requirement, it is noteworthy to mention that according to Article 12(7) of the Adult Education Act, those service providers who are introduced to the register of adult education providers may ask for accreditation. As a general rule, it is sufficient for the cross-border service providers to prove that they fulfil the conditions for accreditation in their country of origin. The only exceptions are conditions that are not covered by the requirements of the country of origin, but are listed in Article 12/B of Government Decree 22/2004 (II.16.) on general rules applicable to the accreditation of adult education institutions and programmes. In such cases, the Hungarian competent authorities may ask the cross-border service providers to comply with those national requirements that are not covered by the rules applicable for accreditation in their country of origin. Vocational training According to Article 12(5) of Act XXXI of 1996 on fire protection, technical rescue and fire brigades, organising training in connection with fire protection examination by cross-border service providers is subject to prior notification. 6.5 Conclusions for education sector None of the Article 14 prohibited requirements were identified in the education sector. Among the Article 15 requirements, one was communicated to the European Commission within the mutual evaluation process. Reference to such requirement, namely to the prohibition of reserving the provision of certain activities to specific service providers (Article 15(2)(d)) was not identified in the reviewed sector-specific legislation. No Article 16(2) requirements were identified, however according the reviewed sector-specific legislation the provision of certain cross-border services in the field of education is subject to prior notification. National Report for Hungary, May 2011 /21

28 7. Crafts, construction and certification services 7.1 Overview The systematic review of the sector-specific legislation covered not only the legal instruments implementing the Services Directive, but also those which are in general terms relevant for construction, crafts and certification.. In Hungary, most of the construction sector related service activities are considered as regulated professions. The rules applicable to architects are covered by Section 8 of the report on regulated professions. Despite the fact that they are also regulated professions, the following construction related activities are referred to in this section: construction management experts, planning inspectors, building inspectors, foremen of works (construction supervisors), energy efficiency certification service provider, building contractors, craftsmen (gas-fitter activities, fusion welding, controllers of elevators), and nature protection experts. For the purpose of this report, the following sector-specific legislation was reviewed: - Act LXXVI of 1996 on surveying and mapping activities - Act LXXVIII of 1997 on the formation and protection of the built environment - Ministerial Decree 16/1997 (III.12.) on the implementation of Act LXXVI of Ministerial Decree 3/1998 (I.12.) on the proof of suitability to carry out activities related to the manufacturing of welded structures 50 - Government Decree 113/1998 (VI.10.) on the authorisation, operation and control of elevators and electric stairs - Government Decree 104/2006 (IV.28.) on rules of entitlement for becoming settlement planning and architectural-technical planning, as well as building technical experts - Government Decree 244/2006 (XII.5.) on the on the detailed professional rules applicable to building inspectors and foremen of works (construction supervisors) - Ministerial Decree 30/2009 (XI.26.) on the authorisation of gas-fitter activities and the registration of persons carrying out such activities 51 - Government Decree 191/2009 (IX.15.) on building contractor activities - Government Decree 192/2009 (IX.15.) on the professional rules applicable to carry out certain construction activities - Government Decree 297/2009 (XII.21.) on the activities of nature protection experts, water management experts and landscape experts 7.2 Prohibited requirements - Article 14 analysis Article 14 checklist Reference Prohibited requirements 14(1) Requirements based directly or indirectly on nationality or residency 14(3) Requirements limiting the choice of the service provider between principal and secondary establishment 14(6) Involvement of competing operators in the decisions of Finding Notes Situation preimplementatioimplementation Situation post- None identified. None identified. None identified. 49 Decree adopted by the Ministry of Agriculture 50 Decree adopted by the Ministry of Industry, Commerce and Tourism 51 Decree adopted by the Ministry of National Development and Economy National Report for Hungary, May 2011 /22

29 competent authorities 14(7) Obligations to obtain financial guarantees or insurances from operators established in the same Member State 14(8) Obligations to have been previously registered or to have previously exercised the activity for a given period in the same Member State None identified. None identified. Findings with respect to the Article 14 prohibitions No requirement equivalent to any of the Article 14 prohibitions was identified in the reviewed sectorspecific legislation. However, it is noteworthy that in one case the sector-specific legislation contains a similar requirement to the one referred to in Article 14(7) of the Services Directive. According to Article 39/A(5) of Act LXXVIII of 1997 on the formation and protection of the built environment, building contractors can provide services only if they possess a financial guarantee, from which they would be able to cover the costs of the construction. Based on the legal text it is not entirely clear if such financial insurance must be issued by Hungarian operators, or not. Thus, it seems to be questionable if such requirement is equivalent to the prohibition of Article 14(7) of the Services Directive. 7.3 Requirements to be evaluated - Article 15 analysis Article 15(2) checklist Reference Requirements to be evaluated Finding Notes 15(2)(b) Obligation for the service provider to take a None identified. specific legal form 15(2)(c) Requirements relating to the shareholding of None identified. companies 15(2)(g) Obligations to apply fixed minimum or maximum tariffs None identified. Findings with respect to the Article 15 elements for evaluation, including justification analyses None of the Article 15 requirements were identified in the reviewed sector-specific legislation. 7.4 Restrictions to the freedom to provide services - Article 16(2) analysis Article 16(2) checklist Reference Prohibited requirements Finding Notes 16(2)(a) Obligation to have an establishment in the None identified. territory where the service is provided 16(2)(b) Obligation to obtain an authorisation or a registration None identified. It is noted that in some cases notification requirements were identified in the reviewed sector-specific legislation. 16(2)(c) Ban on setting up an infrastructure None identified. 16(2)(d) Application of specific contractual None identified. arrangements between the service provider and the recipient restricting the provision of the service by the self-employed 16(2)(e) Obligation to possess a specific identity None identified. document 16(2)(f) Requirements affecting the use of equipment None identified. 16(2)(g) Restrictions on recipients None identified. National Report for Hungary, May 2011 /23

30 Findings with respect to the Article 16(2) prohibitions, including justification analyses None of the Article 16(2) requirements of the Service Directive were identified in the reviewed sectorspecific legislation. However, it is noted that in some cases notification requirements were identified. According to Article 39(4) of Act LXXVIII of 1997 on the formation and protection of the built environment, notification is required from cross-border building contractors. Inter alia, the purpose of such notification is to prove that they have the appropriate professional qualification to carry out such activities. Following the notification, the competent authorities (i.e. Hungarian Chamber of Commerce and Industry) enter the cross-border service providers into the national register of building contractors. As noted above (Section assessment on Article 14 requirements) building contractors must possess a financial guarantee, which would cover the costs of the construction. Based on the legal text it is not entirely clear if such requirement is also applicable to cross-border service providers, or not. However, it is noted that Hungary reported such requirement within the mutual evaluation process. 7.5 Conclusions for construction/crafts sector As a result of the systematic review, it seems that no Article 14 prohibitions remain in place in the reviewed sector-specific legislation on construction, crafts and certification. However, in one case (i.e. Article 39/A(5) of Act LXXVIII of 1997) a similar requirement was identified to the one referred to in Article 14(7) of the Services Directive. With regards to Article 15, no remaining requirement was identified. Similar statement could be made as regards the Article 16 requirements. However, it is noted that in some cases the provision of cross-border services is subject to prior notification. Moreover, it seems that certain cross-border service providers are obliged to possess financial guarantees in order to provide services. National Report for Hungary, May 2011 /24

31 8. Regulated Professions 8.1 Overview In order to complete the analysis for the section on regulated professions, the relevant primary and secondary legislation was reviewed. The review covered not only the legal instruments implementing the Services Directive, but also those which are in general terms relevant for the following regulated professions: lawyers, accountants, architects, tax advisers, engineers and patent attorneys (also called patent agents). In Hungary, tax advisors and patent attorneys are considered as separate regulated professions from lawyers and accountants thus separate rules are applicable to these professions. However it is noted that these professions can also be carried out by lawyers. For the purposes of the study, the following sector-specific legislation was reviewed: Lawyers Law Decree 3 of 1983 on legal counsels Ministerial Decree 7/1983 (VII.25.) on the execution of Law Decree 3 of Ministerial Decree 5/1991 (IV. 4.) on the bar examination 53 Ministerial Decree 12/1994 (IX.8.) on the fees for legal representatives involved in judicial execution procedures 54 Act LIII of 1994 on judicial enforcement Act XI of 1998 on lawyers Act LV of 2002 on mediation Ministerial Decree 17/2003 (VI.24.) on the fees for probation lawyers and assigned public defenders 55 Ministerial Decree 26/2003 (VII.1.) on the expenses of the accused and his defender as well as on the reimbursement of such fees by the state and the costs of other persons and their representative involved in the criminal procedure 56 Act LXXX of 2003 on Legal Aid Ministerial Decree 11/2004 (III.30.) on the fees of legal aid providers 57 Ministerial Decree 18/2007 (III.19.) on the professional titles used by European Community lawyers 58 Ministerial Decree 56/2007 (XII.22.) on the use of legal aid 59 Ministerial Decree 58/2007 (XII.23.) on the fees of mediators in criminal procedures 60 Ministerial Decree 13/2008 (VI.24.) on the identity card (licence) for lawyers, employed lawyers, apprentice lawyers, legal counsellors and European Community lawyers 61 Accountants Act C of 2000 on accounting 52 Decree adopted by the Ministry of Justice 53 Decree adopted by the Ministry of Justice 54 Decree adopted by the Ministry of Justice 55 Decree adopted by the Ministry of Justice 56 Decree adopted jointly by the Ministry of Internal Affairs, Ministry of Justice and Ministry of Finance 57 Decree adopted by the Ministry of Justice 58 Decree adopted by the Ministry of Justice and Law Enforcement 59 Decree adopted by the Ministry of Justice and Law Enforcement 60 Decree adopted by the Ministry of Justice and Law Enforcement 61 Decree adopted by the Ministry of Justice and Law Enforcement National Report for Hungary, May 2011 /25

32 Government Decree 224/2000 (XII.19.) on the reporting and bookkeeping obligations of other organisations as provided in the Accounting Act Government Decree 93/2002 (V. 5.) on the registration of accountants Act LXXV of 2007 on Chamber of Auditors, Auditing and the Public Supervision of Auditors Architects Act LVIII of 1996 on the professional chambers of design and expert engineers and architects Act LXXVIII of 1997 on the formation and protection of the built environment Government Decree No 190/2009 (IX.15.) on the activities of chief architects Government Decree 192/2009 (IX. 16.) on engagement in certain professional activities in the construction sector Circular 8001/2005 (MK 44.) of the Ministries of Transport and Trade, Environment and Water, Information and Communication and the Minister without portfolio on the conditions of professional examinations for architects and technical experts Engineers Act LXXVI of 1996 on surveying and mapping activities Ministerial Decree 21/1997 (III.12.) on the implementation of Act LXXVI of Act XXVII of 1998 on biotechnology activities (genetic engineering) Act LXXXIV of 2000 on the Hungarian Chamber of Engineers and Doctors of Plant Protection Act XXXVII of 2009 on forests, forest protection and management Tax advisors Act XCII of 2003 on the rules of taxation Ministerial Decree 26/2008 (VII.30.) on rules applicable for granting and revoking licences and on the registration of tax consultants, tax professionals and certified tax advisors 63 Patent attorneys Act XXXII of 1995 on patent agents Act XXXIII of 1995 on the protection of inventions by patents Ministerial Decree 76/1995 (XII.29.) on the patent attorney examinations 64 Act XI of 1997 on the protection of trademarks and geographical indications Ministerial Decree 2/2008 (VIII.22.) on the industrial property qualification Prohibited requirements - Article 14 analysis Article 14 checklist Reference Prohibited requirements Finding Notes Situation preimplementation Situation postimplementation 14(1) Requirements based directly or None identified. indirectly on nationality or residency 14(2) Requirements limiting the None identified. establishment of service providers to one Member State 14(7) Obligations to obtain financial None identified. guarantees or insurances from operators established in the same Member State 14(8) Obligations to have been previously None identified. 62 Decree jointly adopted by the Ministry of Agriculture and Ministry of Defence 63 Decree adopted by the Ministry of Finance 64 Decree adopted by the Ministry of Industry and Trade 65 Decree adopted by the Ministry without portfolio National Report for Hungary, May 2011 /26

33 registered or to have previously exercised the activity for a given period in the same Member State Findings with respect to the Article 14 prohibitions No requirement equivalent to any of the Article 14 prohibitions was identified in the reviewed sectorspecific legislation. However it is noteworthy that in a few cases the sector-specific legislation refers to similar requirements to those listed in Article 14. Lawyers According to Article 89/C(2) of Act XI of 1998 on lawyers (Lawyers Act), a person who would like to act in Hungary as a so-called European Community Lawyer 66 needs to be registered in the European register of European Lawyers. One of the preconditions for the registration is to obtain a professional liability insurance. As a general rule, the Article states that it is sufficient to prove that the person obtains the necessary insurance in the Member State of origin. However, as an exception it requires to have complementary insurance if the conditions and the applicability of the original insurance of the lawyer would be significantly different from those required under the Hungarian rules. This insurance requirement is not referred to in the checklist above, as it is required by a different Directive, i.e. by Directive 98/5/EC. 67 Pursuant to Article 6 of Directive 98/5/EC, Member States may require European lawyers (European lawyers practising under their home-country professional title) to take out professional indemnity insurance or to become members of a professional guarantee fund. 68 A requirement similar to the one referred to in Article 14(8) of the Services Directive was identified in the Lawyers Act. According to Article 89/F(1)(b) of the Lawyers Act, registered EU Lawyers can be admitted to a Hungarian bar association if they prove that prior to the application they were providing services for three years (without interruption) in the territory of Hungary. Once admitted to a Hungarian bar association, registered European Lawyers get entitled to use the title ugyved (means attorney in Hungarian) in addition to the professional title of their Member State of origin. This requirement, however, is not listed in the checklist above, as it is set out in Article 10 of Directive 98/5/EC. As noted above, the legal hierarchy between the Services Directive and other EU legal instruments is referred to in Article 3 of the Services Directive, according to which the other EU legal instrument would prevail over the provisions of the Services Directive in case of conflicting provisions. Patent agents According to Article 27/D(a) of Act XXXII of 1995 on patent agents (Patent Agents Act), crossborder service providers as well as providers established in Hungary can act as so-called European Community industrial property rights professionals 69 upon notification. Following a notification, such service providers will automatically be admitted to the register of EU industrial property rights professionals. Upon request, such service providers can be admitted to the Hungarian Chamber of Patent Agents. As a precondition, Article 27(D)(a) of the Patent Agents Act (which cross-refers to its 66 It is noted that Act XI of 1998 on lawyers still operates with the terminology European Community Lawyer. After the adoption of the Lisbon Treaty this term does not seem to be accurate, thus for the rest of the report the term EU Lawyer is used instead of European Community Lawyer. 67 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained 68 The link between the Services Directive and Directive 98/5/EC can be derived from Article 3 of the Services Directive, which states that in case of a conflict between the Services Directive and a provision of another instrument of secondary Community law, the provision of this latter takes precedence. 69 It is noted that the term European Community industrial property rights professionals is out-dated. However, Act XXXII of 1995 on patent agents still operates with this old term. For the rest of the report, the term EU industrial property rights professional is used. National Report for Hungary, May 2011 /27

34 Article 2(3)) requires the registered EU industrial property rights professionals (which cross-refers to Article 2(3)) to: - Obtain a professional liability insurance, which is applicable to the whole territory of Hungary (requirement stated in Article 2(3) of the Patent Agents Act); and - Prove that prior to the request he/she provided patent agent services in Hungary for a period of at least three years. In line with Article 14(7) and (8) of the Services Directive, such requirements are prohibited and need to be abolished. However, it is not entirely clear if the requirements listed in Articles 27/D(a) and 2(3) correspond with the prohibitions listed in Articles 14(7) and (8) of the Services Directive. First of all, Article 2(3) of the Patent Agents Act does not specify if such professional liability insurance must be issued by Hungarian insurance companies; and second, patent agent activities can be carried out without obtaining the professional title patent agents ( szabadalmi ugyvivo ). It is optional for EU industrial property rights professionals to apply for admission to the Hungarian Chamber of Patent Agents. 8.3 Requirements to be evaluated - Article 15 analysis Article 15(2) checklist Reference Requirements to be evaluated Finding Notes 15(2)(b) Obligation for the service provider to take a None identified. specific legal form 15(2)(c) Requirements relating to the shareholding of None identified. companies 15(2)(g) Obligations to apply fixed minimum or maximum tariffs X Lawyers: Maximum tariffs fixed for the work of mediators in criminal procedures. Maximum tariff fixed for the work of legal aid providers. Minimum amount fixed for the fee of lawyers in civil procedures, if there was no previous agreement on the fee between the lawyer and the prevailing party. Minimum and/or maximum fees for probation lawyers (in other words court appointed lawyers) and assigned public defenders (in other words designated counsels). Minimum or fixed tariffs for legal representatives in judicial execution procedures. Minimum and/or maximum tariff for duly authorised lawyers (meghatalmazott vedo). Findings with respect to the Article 15 elements for evaluation, including justification analyses Fixed minimum or maximum tariffs Setting minimum and maximum tariffs with which the operators must comply while offering their services is prohibited under Article 15(2)(g) of the Services Directive, unless the maintenance of such requirement is justified by an overriding reason of public interest and complies with the principles of non-discrimination and proportionality. Such requirement was identified in some of the sector-specific legislation reviewed: According to Article 2(1) of Ministerial Decree 58/2007 (XII.23.) on the tariff of mediators in criminal procedures, the maximum tariff provided for mediator is nine times the tariff per hour provided for assigned public defenders. National Report for Hungary, May 2011 /28

35 Similarly to mediators, a maximum tariff is set for the work of legal aid providers in line with Article 2(1) of Ministerial Decree 11/2004 (III.30.) on legal aid providers. Article 5(1) of Ministerial Decree 17/2003 (VI. 24.) on the fees for probation lawyers and assigned public defenders, sets the maximum fees for the work of probation lawyers. As an example, in first-instance cases the maximum fee for probation lawyers is six times the hourly fee of assigned lawyers. This is an indicative amount that can be decreased based on the decision of the Network of Legal Aid Providers. Similar rules are applicable to assigned public defenders whose fee/hour is the same as the hourly fee for assigned lawyers. According to Article 6(5), this fee can go up to ten times the fee of assigned lawyers. Ministerial Decree 3/2003 (VIII.22.) on the fees for lawyers in civil judicial procedures sets fixed minimum fees for the work of lawyers. It must be noted that the Ministerial Decree is applicable to special cases when the prevailing party and his/her lawyer did not agree on the fee prior to the judicial decision. In such cases, the court can estimate the costs of the lawyer and order the defeated party to cover them. This amount depends on the litigated amount, i.e. if the litigated amount is not more than HUF 10 Million, the minimum fee should be at least 5% of the litigated amount, but minimum HUF 10,000. Articles 3-7 of Ministerial Decree 12/1994 (IX. 8.) on fees for legal representatives in judicial execution procedure, sets the rules applicable to calculating the amount of fee for lawyers asking for or participating in judicial execution procedures. These rules are applicable as specific rules, in cases when such fee was not agreed between the legal representative and the party prior to the judicial execution procedure. The Article sets the minimum fee and the fixed fee applicable to certain activities of the legal representative. As an example the fee for initiating a judicial execution procedure is at least 1% of the estimated value of the execution s subject, but minimum HUF Similarly to the above listed, Ministerial Decree 26/2003 (VII. 1.) on the expenses of the accused and his defender as well as on the reimbursement of such fees by the state and the costs of other persons and their representative involved in the criminal procedure, also sets minimum tariffs for the work of duly authorised lawyers. As an example, according to Article 3 of the Ministerial Decree, the amount of fee is fixed at HUF 4000/hour for representing a client before the court, but minimum HUF 10,000 per trial. Other According the Article 15(2)(f) a requirement of fixing a minimum number of employees is prohibited. In order to provide tax advisor services Article 175(16) of Act XCII of 2003 on the rules of taxation, sets the precondition for legal persons and unincorporated business associations to have at least one qualified employee. Such requirements seems to be equivalent to the prohibition of Article 15(2)(f) of the Services Directive. However, it is noted that the requirement applies to service providers established in Hungary irrespective of nationality. Moreover, according to the expert, it can be argued that imposing such requirement can be justified by the reason of public policy. Although rules applicable to veterinary practitioners are not covered by this report, within the mutual evaluation process Hungary reported an Article 15 prohibited requirement applicable to veterinary practitioners: Article 18 of Act XCIV of 1995 limits the geographical location where veterinary practitioners can practice. In Hungary, membership at the Veterinary Chamber is a precondition to start private veterinary practice. Veterinary doctors can practice in the territory of the subsidiary of the Veterinary Chamber where they have a membership. A requirement which determines the geographic location where a specific service activity can be provided is prohibited under Article 15(2)(a) of the Services Directive. National Report for Hungary, May 2011 /29

36 8.4 Restrictions to the freedom to provide services - Article 16(2) analysis Article 16(2) checklist Reference Prohibited requirements Finding Notes 16(2)(a) Obligation to have an establishment in the None identified. territory where the service is provided 16(2)(b) Obligation to obtain an authorisation or a registration X A notification requirement was identified in the reviewed sector-specific legislation on the legal profession. 16(2)(c) Ban on setting up an infrastructure None identified. 16(2)(d) Application of specific contractual None identified. arrangements between the service provider and the recipient restricting the provision of the service by the self-employed 16(2)(e) Obligation to possess a specific identity None identified. document 16(2)(f) Requirements affecting the use of equipment None identified. 16(2)(g) Restrictions on recipients None identified. Findings with respect to the Article 16(2) prohibitions, including justification analyses No requirement equivalent to those set out in Article 16(2) was identified in the reviewed sectorspecific legislation. However, it is noteworthy that one notification requirement was identified in the sector-specific legislation on lawyers. Notification requirements are not referred to in Article 16(2) of the Services Directive, but could be considered as burdensome as authorisation requirements to cross-border service providers. According to Article 89/B(1)(b) of Act XI of 1998 on lawyers, EU Lawyers who would like to provide cross-border services need to notify the Hungarian Chamber of Lawyers prior to starting their activities. According to Article 27/B(1) of Act XXXII of 1995 on patent agents, cross-border service providers are obliged to notify the authorities prior to starting their activities. Following the notification, the Hungarian Chamber of Patent Agents registers them in the official register of EU industrial property rights professionals. This notification requirement, however, seems to stem from Article 7 of the Professional Qualifications Directive (Directive 2005/36/EC), 70 thus is not referred to in the checklist above. With regard to Article 16 requirements, the link between the Professional Qualifications Directive and the Services Directive is set out in Article 17(6) of the Services Directive, according to which matters covered by the Professional Qualifications Directive are excluded from the application of Article 16 of the Services Directive. In addition to notification, a requirement similar to the one set out in Article 16(2)(a) of the Services Directive (establishment requirement) was identified in Act XXXII of 1995 on patent agents (i.e. in Article 27/D(1)(a) along with Articles 2(2) and (3)) and Act XI of 1998 on lawyers (i.e. in Article 89/F(1)(a)). The establishment requirement identified in Act XXXII of 1995 is not listed in the checklist above, as it is not clear if it is applicable also to cross-border service providers. According to Article 27/B of Act XXXII of 1995, cross-border service providers are obliged to notify the authorities prior to starting their activities in Hungary. Following the notification, the Hungarian Chamber of Patent Agents registers them in the official register of EU industrial property rights professionals. Those European Community industrial property rights professionals who are registered could be admitted to the Hungarian Chamber of Patent Agents under the professional title used by Hungarian service providers (szabadalmi ugyvivo). Article 27/D(1)(a) along with Articles 2(2) and (3) list the preconditions that 70 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications. National Report for Hungary, May 2011 /30

37 EU industrial property rights professionals need to fulfil prior to their admission to the Hungarian Chamber of Patent Agents. One of the requirements is to prove that they have an establishment (i.e. chamber) in the territory of Hungary. This in principle could mean that an establishment requirement is set in Act XXXII of 1995, which could be seen as equivalent to the prohibition set out in Article 16(2) of the Services Directive. However, Article 27/D(1)(b) also states that only those patent agents can be admitted to the Hungarian Chamber of Patent Agents under the Hungarian professional title, who have been providing services in Hungary for at least three years, without a break. Based on this requirement it seems that it is only applicable to service providers established in Hungary and not to cross-border service providers. Thus, the rules set out in Article 16(2) of the Services Directive would not be applicable to them. The same argument could be followed for the establishment requirement set out in Article 89/F(1) of Act XI of 1998 on lawyers. It is noted that Hungary reported an additional Article 16(2) requirement within the mutual evaluation process. It was communicated that patent agents in Hungary are required to possess an identity document issued by its competent authorities (Article 16(2)(e) of the Services Directive). Such a requirement was not identified during the research. The only reference to identity documents was found in Article 30(6) of Act XXXII of 1995, which states that following the admission of patent agents to the Hungarian Chamber of Patent Agents, the chamber provides the registered patent agents with an identity document. Such provision does not seem to conflict with Article 16(2)(e) of the Services Directive. 8.5 Conclusions for the regulated profession No Article 14 prohibitions were identified in the reviewed primary and secondary legislation. However in a few cases it was not clear if a sector-specific requirement was equivalent to those listed in Article 14(7) and (8) of the Services Directive. As far as the Article 15 requirements are concerned, references to minimum and/or maximum fees were found in the legislation on lawyers. Among the Article 16(2) prohibitions, none was specifically identified in the reviewed legislation. However, one notification requirement was identified in the sector-specific legislation on lawyers. National Report for Hungary, May 2011 /31

38 9. Conclusions The Hungarian Services Act (Act LXXVI of 2009 on general rules in the taking up and the pursuit of service activities) lays down the general principles applicable to all service sectors and establishes provisions on the exercise of the freedom of establishment and the free movement of services. This framework law of horizontal application transposes the main provisions of the Services Directive (Directive 2006/123/EC). In addition to the horizontal law, the so-called Omnibus Act was adopted that modified about 160 existing sector-specific legal acts. In order to ensure compliance with the Services Directive and its transposing acts (Services Act and Omnibus Act), the secondary legislation was also amended by means of an Omnibus Decree. The Omnibus Decree amended more than 300 sector-specific government decrees. A large number of Ministerial Decrees have also been amended since the adoption of the Services Directive. In order to complete the report, both the primary and the secondary legislation was reviewed. This includes legislation which was amended due to the implementation of the Services Directive, and legislation which in general terms is relevant for the given sector. The aim of the review was to confirm whether or not any of the Article 14, 15(2) and 16(2) prohibitions remains in place in the reviewed sectors. Apart from one case, no provisions equivalent to Article 14 prohibited requirements were identified in the reviewed sector-specific legislation. This is in compliance with Article 4 of the Services Act, which lists most of the Article 14 prohibited requirements and states that such requirements cannot be imposed on service providers. The only exception identified was in Article 3(1) of Ministerial Decree 28/2000 (XII.18.) on the authorisation of shipping activities. This Article sets a requirement which seems to discriminate between national and foreign providers established in Hungary. It is noteworthy that in some cases it was arguable whether the requirements imposed by the sectorspecific legislation were equivalent to the prohibited requirements of Article 14(7) and (8). A questionable provision was identified in Article 39/A(5) of Act LXXVIII of 1997 on the formation and protection of the built environment. The Article requires building contractors to possess a financial guarantee, from which they would be able to cover the costs of the construction. The legal act does not specify if such financial guarantee must be issued by a Hungarian operator. A similar requirement was found in the sector-specific legislation on regulated professions, namely in Article 89/C(2) of Act XI of 1998 on lawyers and in Article 2(3) of Act XXXII of 1995 on Patent Agents. These two acts also contain provisions similar to the prohibited requirement of Article 14(8) as both acts make the provision of services subject to prior practice in Hungary. However, in both cases such practice is required only if the cross-border provider decides to operate under the national professional title. In other words, the Acts do not prevent service providers from providing services, just from obtaining the Hungarian professional title. Requirements listed in Article 15 of the Services Directive also constitute severe obstacles to the freedom of establishment, but can be maintained in the national legislation if they meet the conditions of proportionality, non-discrimination and can be justified by overriding reasons related to public interests. As a result of the systematic review of the Hungarian sector-specific legislation the following Article 15 requirements were identified: quantitative and territorial restrictions (Article 15(2)(a)); specific legal form requirement (Article 15(2)(b)); shareholding requirement (Article 15(2)(c)); obligation to have a minimum number of employees (Article 15(2)(f)); and the obligation on the service provider to supply other services jointly with his service (Article 15(2)(h)). Most of the Article 15(2) requirements were identified in the retail sector. There are territorial restrictions found with regard to the sale of tobacco and radioactive products. Moreover, according to Ministerial Decree 52/2010 (IV.30.), the territory where small-scale producers can provide services is also restricted. In addition to the prohibited requirements of Article 15(2)(a), shareholding National Report for Hungary, May 2011 /32

39 requirements were identified with regard to the sale of natural and PB gas. Hungary also reported an Article 15(2)(h) requirement within the mutual evaluation process. Ministerial Decree 7/2004 (XI.23.) states that service providers who would like to sell therapeutic equipment must also provide additional services such as running a call centre or providing home delivery services. Moreover, according to Ministerial Decree 52/2010 (IV.30.), only natural persons can act as small-scale producers. This provision seems to run counter to Article 15(2) of the Services Directive. A similar legal form requirement was identified with regard to the sale of natural gas. Requirements fixing the number of employees for service providers were identified in the sectorspecific legislation on tourism, real-estate and regulated professions (i.e. tax advisors). Territorial restrictions were also found with regards to the activity of serving alcohol products. Moreover, it seems that fixed minimum and maximum tariffs are still applicable to services provided by lawyers. It is noted that the sector-specific legislation does not contain justification reasons. Article 16 of the Services Directive provides for the freedom to provide services without unjustified restrictions. Any requirement imposed on cross-border service providers must comply with the principles of proportionality and non-discrimination. With respect to Article 16 requirements, notification and authorisation requirements were identified in the reviewed sector-specific legislation. The sector-specific legislation on retail often makes the provision of cross-border services subject to notification (e.g. selling of liquid PB gas, explosives for civil use), whereas in a limited number of cases, it requires an authorisation (e.g. selling military products, firearms and ammunitions). Notification requirements were also identified in the reviewed sector-specific legislation on tourism; education; crafts, construction and certification; and regulated professions (lawyers). As a general rule, the Hungarian legislation does not refer to justification reasons while setting applicable requirements on cross-border service providers nor does it refer to the principle of proportionality and non-discrimination. National Report for Hungary, May 2011 /33

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41 ANNEX I List of national legislation General laws: Retail: - Act LXXVI of 2009 on general rules in the taking up and the pursuit of service activities évi LXXVI. Törvény a szolgáltatási tevékenység megkezdésének és folytatásának általános szabályairól - Government Decree 182/2009 (IX.10.) amending and repealing certain Government Decreesin the context of the entry into force of Act CXI of 2008 amending Act CXL 2004 on the general rules of administrative proceedings and services and the implementation of Directive 2006/123/EC on services in the internal market- 182/2009. (IX. 10.) Korm. rendelet A közigazgatási hatósági eljárás és szolgáltatás általános szabályairól szóló évi CXL. törvény módosításáról szóló évi CXI. törvény hatálybalépésével, valamint a belső piaci szolgáltatásokról szóló 2006/123/EK irányelv átültetésével összefüggésben egyes kormányrendeletek módosításáról és hatályon kívül helyezéséről - Act LVI of 2009 on the amendments relating to the entry into force of Act CXI of 2008 on the amendment of Act CXL of 2004 on the general rules of administrative proceedings and services and to the implementation of Directive 2006/123/EC on services in the internal market évi LVI. törvény a közigazgatási hatósági eljárás és szolgáltatás általános szabályairól szóló évi CXL. törvény módosításáról szóló évi CXI. törvény hatálybalépésével és a belső piaci szolgáltatásokról szóló 2006/123/EK irányelv átültetésével összefüggő törvénymódosításokról - Act XLVIII of 1993 on mining évi XLVIII. törvény a bányászatról - Act CXVI of 1996 on atomic energy évi CXVI. törvény az atomenergiáról - Act XLII of 1999 on the protection of non-smokers, the consumption and trade of tobacco products évi XLII. Törvény a nemdohányzók védelméről és a dohánytermékek fogyasztásának, forgalmazásának egyes szabályairól - Ministerial Decree 16/2000 (VI. 8.) on the implementation of certain provisions of Act CXVI of 1996 on Atomic Energy- 16/2000. (VI. 8.) EüM rendelet az atomenergiáról szóló évi CXVI. törvény egyes rendelkezéseinek végrehajtásáról - Act CVIII of 2001 on certain issues of electronic commerce services and information society services évi CVIII. Törvény az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggő szolgáltatások egyes kérdéseiről - Government Decree 191/2002 (IX.4.) on the placing on the market and supervision of explosives for civil uses- 191/2002. (IX. 4.) Korm. Rendelet a polgári felhasználású robbanóanyagok forgalmazásáról és felügyeletéről - Act LII of 2003 State recognition of plant varieties and the production and marketing of propagating material évi LII. törvény a növényfajták állami elismeréséről, valamint a szaporítóanyagok előállításáról és forgalomba hozataláról - Government Decree 94/2003 (XII. 18.) on the authorisation and supervision of activities which related to the bottling of liquid propane butane gases and butane gases- 94/2003. (XII. 18.) GKM rendelet a cseppfolyós propán-, butángázok és ezek elegyei tartályban vagy palackban történő forgalmazásának szabályairól és hatósági felügyeletéről - Act CXXVII of 2003 on the excise duty (taxes) and the specific rules of selling excise goods évi CXXVII. törvény a jövedéki adóról és a jövedéki termékek forgalmazásának különös szabályairól - Government Decree 162/2003 (X.16.) on the production and marketing of plants used to produce narcotic drugs- 162/2003. (X. 16.) Korm. Rendelet a kábítószer előállítására alkalmas növények termesztésének, forgalmazásának és felhasználásának rendjéről National Report for Hungary, May 2011

42 - Government Decree 175/2003 (X.28.) about the instruments particularly hazardous to public safety- 175/2003. (X. 28.) Korm. Rendelet a közbiztonságra különösen veszélyes eszközökről - Ministerial Decree 7/2004 (XI. 23.) on the professional requirements for marketing, repairing and hiring of therapeutic equipment- 7/2004. (XI. 23.) EüM rendelet a gyógyászati segédeszközök forgalmazásának, javításának, kölcsönzésének szakmai követelményeiről - Government Decree 16/2004 (II. 6.) on the authorisation of export, import, transfer and transit of military goods and services- 16/2004. (II. 6.) Korm. Rendelet a haditechnikai eszközök és szolgáltatások kivitelének, behozatalának, transzferjének és tranzitjának engedélyezéséről - Act XXIV of 2004 on firearms and ammunition évi XXIV. Törvény a lőfegyverekről és lőszerekről - Ministerial Decree 37/2004 (IV.16.) on food supplements- 37/2004. (IV. 26.) ESZCSM rendelet az étrend-kiegészítőkről - Ministerial Decree 48/2004 (IV.21.) on the production and marketing of seeds- 48/2004. (IV. 21.) FVM rendelet a szántóföldi növényfajok vetőmagvainak előállításáról és forgalomba hozataláról - Ministerial Decree 49/2004 (VIII. 31.) on shooting-grounds, authority storage of firearms and ammunition and the theoretical and practical requirements of possession of firearms- 49/2004. (VIII. 31.) BM rendelet a lőterekről, a lőfegyverek, lőszerek hatósági tárolásáról, a fegyvertartáshoz szükséges elméleti és jártassági követelményekről - Ministerial Decree 50/2004 (IV.22.) on the production and marketing of propagating material for vegetables- 50/2004. (IV. 22.) FVM rendelet a zöldség szaporítóanyagok előállításáról és forgalomba hozataláról - Ministerial Decree 64/2004 (IV.27.) on the production and marketing of propagating material for fruits- A földmûvelésügyi és vidékfejlesztésiminiszter 64/2004. (IV. 27.) FVM rendelete a gyümölcs szaporítóanyagok elõállításáról és forgalomba hozataláról - Ministerial Decree 74/2004 (IV.29.) on inspection, verification and certification of precious metals- 74/2004. (IV. 29.) GKM rendelet a nemesfémtárgyak és termékek vizsgálatának, hitelesítésének és nemesfémtartalmuk tanúsításának részletes szabályairól - Government Decree 253/2004 (VIII. 31.) on arms and ammunition- 253/2004. (VIII. 31.) Korm. Rendelet a fegyverekről és lőszerekről - Ministerial Decree 52/2005 (XI. 18.) on the trade of drugs for human use- 52/2005. (XI. 18.) EüM rendelet az emberi alkalmazásra kerülő gyógyszerek forgalomba hozataláról - Act CIX of 2005 on the authorisation of production of military goods and of military services évi CIX. Törvény a haditechnikai termékek gyártásának és a haditechnikai szolgáltatások nyújtásának engedélyezéséről - Government Decree 159/2005 (VIII. 16.) on drug precursors- 159/2005. (VIII. 16.) Korm. Rendelet a kábítószer-prekurzorokkal kapcsolatos egyes hatósági eljárási szabályok, valamint a hatósági feladat- és hatáskörök megállapításáról - Act CLXIV of 2005 on trade évi CLXIV. Törvény a kereskedelemről - Government Decree 301/2005 (XII. 23.) on the detailed rules of authorisation of production of military goods and of military services- 301/2005. (XII. 23.) Korm. Rendelet a haditechnikai termékek gyártása és a haditechnikai szolgáltatások nyújtása engedélyezésének részletes szabályairól - Act XCVIII of 2006 on general provisions relating to the reliable and economically feasible supply of medicinal products and medical aids and on the distribution of medicinal products évi XCVIII. Törvény a biztonságos és gazdaságos gyógyszer- és gyógyászatisegédeszköz-ellátás, valamint a gyógyszerforgalmazás általános szabályairól - Ministerial Decree 87/2006 (XII.28.) on the production and marketing of propagating material for grapes- 87/2006. (XII. 28.) FVM rendelet a szőlő szaporítóanyagok előállításáról, minősítéséről és forgalomba hozataláról - Ministerial Decree 32/2007 (III. 19.) on the marking of military goods and the registration of military goods and services- 32/2007. (III. 19.) GKM rendelet a haditechnikai termékek jelöléséről, valamint a haditechnikai termékek és szolgáltatások nyilvántartásáról - Act LXXXVI of 2007 on energy évi LXXXVI. törvény a villamos energiáról - Act XL of 2008 on the supply of natural gas évi XL. törvény a földgázellátásról National Report for Hungary, May 2011

43 - Act XLVI of 2008 on the food chain and supervision by the authorities évi XLVI. Törvény az élelmiszerláncról és hatósági felügyeletéről - Ministerial Decree 45/2008 (IV.11.) on the marketing of propagating material for ornamentals- 45/2008. (IV. 11.) FVM rendelet a dísznövény szaporítóanyagok forgalomba hozataláról - Act LXI of 2009 on the collection and sale of metals with the aim of minimising the abuse with these activities évi LXI. Törvény egyes fémek begyűjtésével és értékesítésével összefüggő visszaélések visszaszorításáról - Ministerial Decree 79/2009 (VI.30.) on the standardisation, production, marketing, signature and control of agricultural and ecological products- 79/2009. (VI. 30.) FVM rendelet a mezőgazdasági termékek és élelmiszerek ökológiai gazdálkodási követelmények szerinti tanúsításának, előállításának, forgalmazásának, jelölésének és ellenőrzésének részletes szabályairól - Government Decree 210/2009 (IX.29.) on the conditions governing commercial activities- 210/2009. (IX. 29.) Korm. Rendelet a kereskedelmi tevékenységek végzésének feltételeiről - Government Decree 41/2010 (II.26.) on keeping animals for leisure purposes and on the trade of pets- 41/2010. (II. 26.) Korm. Rendelet a kedvtelésből tartott állatok tartásáról és forgalmazásáról - Ministerial Decree 43/2010 (IV. 23.) on pesticides- 43/2010. (IV. 23.) FVM rendelet a növényvédelmi tevékenységről - Ministerial Decree 52/2010 (IV.30) on the production and marketing of food by small-scale producers- 52/2010. (IV. 30.) FVM rendelet a kistermelői élelmiszer-termelés, -előállítás és - értékesítés feltételeiről Tourism: Act IV of 1959 on the Civil Code IV. Törvény a Magyar Köztársaság Polgári Törvénykönyvéről Act XI of 1991 on statutory health and administrative activity évi XI. Törvény az egészségügyi hatósági és igazgatási tevékenységről Ministerial Decree 12/1991 (VI.18.) on the hygienic requirements of the recreation and camping of the learning youth- 12/1991. (V. 18.) NM rendelet a tanuló ifjúság üdülésének és táborozásának egészségügyi feltételeiről Ministerial Decree 3/1992 (I.13.) on the qualification exams of travel agents- 3/1992. (I. 13.) IKM rendelet az utazásszervezői szakmai minősítő vizsgáról Government Decree 121/1996 (VII.24.) on establishing and operating public spas- 121/1996. (VII. 24.) Korm. Rendelet a közfürdők létesítéséről és működéséről Government Decree 213/1996 (XII. 23.) on travel agent and tourist operator activities- 213/1996. (XII. 23.) Korm. Rendelet az utazásszervező és -közvetítő tevékenységről Ministerial Decree 5/1997 (III.5.) on the qualification requirements for conducting certain commercial, industrial and tourism activities- 5/1997. (III. 5.) IKIM rendelet egyes ipari, kereskedelmi és idegenforgalmi tevékenységek gyakorlásához szükséges képesítésekről Ministerial Decree 13/1998 (V.6.) on the opening hours of caves and the conditions for their visiting, as well as on research in caves- 13/1998. (V. 6.) KTM rendelet a barlangok nyilvántartásáról, a barlangok látogatásának és kutatásának egyes feltételeiről, valamint a barlangok kiépítéséről Act XLII of 2000 on water transport évi XLII. Törvény a víziközlekedésről Ministerial Decree 28/2000 (XII.18.) on the authorisation of shipping activities- 28/2000. (XII. 18.) KöViM rendelet a hajózási tevékenység engedélyezésének rendjéről Ministerial Decree 15/2001 (I.16.) on the qualifications required for shipping- 15/2001. (IV. 27.) KöViM rendelet a hajózási képesítésekről Government Decree 173/2003 (X.28.) on the non-commercial public, and leisure accommodation services- 173/2003. (X. 28.) Korm. Rendelet a nem üzleti célú közösségi, szabadidős szálláshely-szolgáltatásról National Report for Hungary, May 2011

44 Act CLXIV of 2005 on trade évi CLXIV. Törvény a kereskedelemről Ministerial Decree 37/2007 (VII.23.) on the hygienic requirements of certain non-business community recreation lodgings- 37/2007. (VII. 23.) EüM SZMM együttes rendelet egyes nem üzleti célú közösségi, szabadidős szálláshelyek üzemeltetésének egészségügyi feltételeiről Ministerial Decree 14/2008 (XII.20) on providing equestrian services- 14/2008. (XII. 20.) ÖM rendelet a lovas szolgáltató tevékenységről Ministerial Decree 33/2009 (XII.18.) on tourist guides- 33/2009. (XII. 18.) ÖM rendelet az idegenvezetői tevékenységről Government Decree 239/2009 (X.20.) on the conditions applicable to provide accommodation and on issuing licences operating accommodations- 239/2009. (X. 20.) Korm. Rendelet a szálláshely-szolgáltatási tevékenység folytatásának részletes feltételeiről és a szálláshelyüzemeltetési engedély kiadásának rendjéről Food and beverages: Ministerial Decree 9/1985 (X.23.) on food hygiene conditions of producing and trading foodstuffs- 9/1985. (X. 23.) EüM BkM együttes rendelet az étkeztetéssel kapcsolatos közegészségügyi szabályokról Ministerial Decree 18/1995 (VII.21.) on catering establishments with arcade room- 18/1995. (VII. 21.) PM IKM együttes rendelet a II. kategóriájú játékterem üzemeltetésére alkalmas vendéglátóipari üzletekről Ministerial Decree 80/1999 (XII.28.) on the hygienic rules applicable to the production and marketing of food by public and private catering establishments- 80/1999. (XII. 28.) GM EüM FVM együttes rendelet a vendéglátás és közétkeztetés keretében történő élelmiszerelőállítás és -forgalmazás feltételeiről Ministerial Decree 36/2004 (IV. 26.) on special foods- 36/2004. (IV. 26.) ESZCSM rendelet a különleges táplálkozási célú élelmiszerekről Ministerial Decree 71/2005 (IX.27.) on defining service fees- 71/2005. (IX. 27.) GKM rendelet a felszolgálási díj mértékének megállapításáról, valamint a felszolgálási díj alkalmazásának és felhasználásának szabályairól Act CLXIV of 2005 on trade évi CLXIV. Törvény a kereskedelemről Ministerial Decree 66/2006 (IX. 15.) on certain hygienic rules applicable to food of animal origin- 66/2006. (IX. 15.) FVM rendelet az állati eredetű élelmiszerekre vonatkozó egyes élelmiszer-higiéniai szabályokról Ministerial Decree 64/2007 (VII.23.) on the hygienic conditions applicable to the production and marketing of food of animal origin- 64/2007. (VII. 23.) FVM EüM együttes rendelet az állati eredetű élelmiszerek forgalomba hozatalának és az értékesítés helyén történő élelmiszer-előállításnak élelmiszer-higiéniai feltételeiről Ministerial Decree 67/2007 (VII.10.) on the production of food by catering establishments- 67/2007. (VII. 10.) GKM EüM FVM SZMM együttes rendelet a vendéglátó termékek előállításának feltételeiről Ministerial Decree 68/2007 (VII.26.) on the hygienic conditions applicable to the production and marketing of food and its control by administrative authorities- 68/2007. (VII. 26.) FVM EüM SZMM együttes rendelet az élelmiszer-előállítás és forgalomba hozatal egyes élelmiszer-higiéniai feltételeiről és az élelmiszerek hatósági ellenőrzéséről Ministerial Decree 4/2009 (I.30.) on the rules applicable to the pricing of products and services- 4/2009. (I. 30.) NFGM SZMM együttes rendelet a termékek eladási ára és egységára, továbbá a szolgáltatások díja feltüntetésének részletes szabályairól Government Decree 55/2009 (III.13.) on markets- 55/2009. (III. 13.) Korm. Rendelet a vásárokról és a piacokról Ministerial Decree 25/2010 (III.19.) of hygienic rules applicable on wine production and the functioning of wine producers- 25/2010. (III. 19.) FVM rendelet a borászati üzemek működésének engedélyezéséről, valamint a tevékenységükre vonatkozó higiéniai szabályokról National Report for Hungary, May 2011

45 Ministerial Decree 57/2010 (V.7.) on the notification and authorisation of the marketing and production of food- 57/2010. (V. 7.) FVM rendelet az élelmiszerek forgalomba hozatalának, valamint előállításának engedélyezéséről, illetve bejelentéséről Real Estate: Act LXXVIII of 1993 on the lease of apartments and premises évi LXXVIII. Törvény a lakások és helyiségek bérletére, valamint az elidegenítésükre vonatkozó egyes szabályokról Act LXXVI of 1996 on land surveying and cartographic activities évi LXXVI. Törvény a földmérési és térképészeti tevékenységről Ministerial Decree 63/1999 (VII.21.) on the management and provision of surveying and cartographic public basic data and on certain administration service charges- 63/1999. (VII. 21.) FVM HM PM együttes rendelet a földmérési és térképészeti állami alapadatok kezeléséről, szolgáltatásáról és egyes igazgatási szolgáltatási díjakról Ministerial Decree 31/2009 (XI.18.) on the conditions of pursuing real estate agency, real asset appraiser, and intermediation activities on a professional basis, and on the detailed regulations of the procedure- 31/2009. (XI. 18.) ÖM rendelet az üzletszerűen végzett ingatlanközvetítői, valamint az üzletszerű ingatlanvagyon-értékelő és közvetítői tevékenység folytatásának feltételeiről, az eljárás részletes szabályairól Government decree 217/2009 (X.2.) on the designation of real estate-business supervision authorities- 217/2009. (X. 2.) Korm. Rendelet az ingatlanvállalkozás-felügyeleti hatóságok kijelöléséről Education: Act I of 1988 on road transport (containing rules applicable on providing driving courses) évi I. törvény a közúti közlekedésről Act LXXVI of 1993 on vocational training évi LXXVI. Törvény a szakképzésről Act XXXI of 1996 on fire protection, technical rescue and fire brigades évi XXXI. Törvény a tűz elleni védekezésről, a műszaki mentésről és a tűzoltóságról Government Decree 277/1997 (XII.22.) on mandatory vocational training of pedagogues, the pedagogues special examination, and on their incomes and benefits- 277/1997. (XII. 22.) Korm. Rendelet a pedagógus-továbbképzésről, a pedagógus-szakvizsgáról, valamint a továbbképzésben résztvevők juttatásairól és kedvezményeiről Act CI of 2001 on adult education évi CI. Törvény a felnőttképzésről Act LXXXVI of 2003 on the vocational training contribution and the subsidisation of the development of training évi LXXXVI. törvény a szakképzési hozzájárulásról és a képzés fejlesztésének támogatásáról Government Decree 22/2004 (II.16.) on the general rules applicable for the accreditation of adult education institutions and programmes- 22/2004. (II. 16.) Korm. Rendelet a felnőttképzést folytató intézmények és a felnőttképzési programok akkreditációjának szabályairól Ministerial Decree 24/2004 (VI.22.) on the accreditation process- 24/2004. (VI. 22.) FMM rendelet az akkreditációs eljárás és követelményrendszer részletes szabályairól Ministerial Decree 24/2005 (IV.21.) on the rules applicable to the training and professional qualifications of drivers and public transport experts- 24/2005. (IV. 21.) GKM rendelet a közúti járművezetők és a közúti közlekedési szakemberek képzésének és vizsgáztatásának részletes szabályairól Act CXXXIX of 2005 on higher education évi CXXXIX. Törvény a felsőoktatásról Ministerial Decree 10/2006 (IX.25.) on the general rules applicable for the organisation of vocational training- 10/2006. (III. 7.) IM rendelet az igazságügyi szakértői tevékenység folytatásához szükséges jogi oktatásról és vizsgáról Government Decree 79/2006 (IV.5.) on the implementation of certain provisions of Act CXXXIX of 2005 on higher education- 79/2006. (IV. 5.) Korm. Rendelet a felsőoktatásról szóló évi CXXXIX. törvény egyes rendelkezéseinek végrehajtásáról National Report for Hungary, May 2011

46 Government Decree 103/2006 (IV.28.) on the detailed rules applicable to the vocational training of certain regulated professions in the construction sector- 103/2006. (IV. 28.) Korm. Rendelet az építésüggyel kapcsolatos egyes szabályozott szakmák gyakorlásához kapcsolódó szakmai továbbképzési rendszer részletes szabályairól Ministerial Decree 20/2007 (V.21.) on the issue of the professional and examination requirements of vocational qualifications- 20/2007. (V. 21.) SZMM rendelet a szakmai vizsgáztatás általános szabályairól és eljárási rendjéről Ministerial Decree 18/2008 (VI.13.) on the professional training of insurance intermediaries- 18/2008. (VI. 13.) PM rendelet a függő és független biztosításközvetítői hatósági képzés követelményrendszeréről és a hatósági vizsgáról Ministerial Decree 27/2009. (X.29.) on professions and functions subject to fire protection examination and organising training in connection with the fire protection examination and the detailed rules of such examinations- 27/2009. (X. 29.) ÖM rendelet a tűzvédelmi szakvizsgára kötelezett foglalkozási ágakról, munkakörökről, a tűzvédelmi szakvizsgával összefüggő oktatásszervezésről és a tűzvédelmi szakvizsga részletes szabályairól Government Decree 122/2009 (VI.22.) on the vocational training of those working in the health-care sector- 122/2009. (VI. 12.) Korm. Rendelet az egészségügyi felsőfokú szakirányú szakképzési rendszerről Government Decree 111/2010 (IV.9.) on the authorisation of organising vocational training examinations and on its administrative monitoring- 111/2010. (IV. 9.) Korm. Rendelet a szakmai vizsga megszervezésére vonatkozó engedély kiadásának és a vizsgaszervezési tevékenység ellenőrzésének részletes szabályairól Crafts, construction and certification services: - Act LXXVI of 1996 on surveying and mapping activities évi LXXVI. Törvény a földmérési és térképészeti tevékenységről - Act LXXVIII of 1997 on the formation and protection of the built environment évi LXXVIII. Törvény az épített környezet alakításáról és védelméről - Ministerial Decree 16/1997 (III.12.) on the implementation of Act LXXVI of /1997. (III. 5.) FM rendelet a földmérési és térképészeti tevékenységről szóló évi LXXVI. törvény végrehajtásáról - Ministerial Decree 3/1998 (I.12.) on the proof of suitability to carry out activities related to the manufacturing of welded structures- 3/1998. (I. 12.) IKIM rendelet egyes hegesztett szerkezetek gyártását végző gazdálkodó szervezetek alkalmasságának igazolásáról - Government Decree 113/1998 (VI.10.) on the authorisation, operation and control of elevators and electric stairs- 113/1998. (VI. 10.) Korm. Rendelet a felvonók és a mozgólépcsők építésügyi hatósági engedélyezéséről, üzemeltetéséről, ellenőrzéséről és az ellenőrökről - Government Decree 104/2006 (IV.28.) on rules of entitlement for becoming settlement planning and architectural-technical planning, as well as building technical experts - 104/2006. (IV. 28.) Korm. Rendelet a településtervezési és az építészeti-műszaki tervezési, valamint az építésügyi műszaki szakértői jogosultság szabályairól - Government Decree 244/2006 (XII.5.) on the on the detailed professional rules applicable to building inspectors and foremen of works (construction supervisors)- 244/2006. (XII. 5.) Korm. Rendelet az építési műszaki ellenőri, valamint a felelős műszaki vezetői szakmagyakorlási jogosultság részletes szabályairól - Ministerial Decree 30/2009 (XI.26.) on the authorisation of gas-fitter activities and the registration of persons carrying out such activities- 30/2009. (XI. 26.) NFGM rendelet a gázszerelők engedélyezéséről és nyilvántartásáról - Government Decree 191/2009 (IX.15.) on building contractor activities- 191/2009. (IX. 15.) Korm. Rendelet az építőipari kivitelezési tevékenységről - Government Decree 192/2009 (IX.15.) on the professional rules applicable to carry out certain construction activities- 192/2009. (IX. 15.) Korm. Rendelet az egyes építésügyi szakmagyakorlási tevékenységekről National Report for Hungary, May 2011

47 - Government Decree 297/2009 (XII.21.) on the activities of nature protection experts, water management experts and landscape experts- 297/2009. (XII. 21.) Korm. Rendelet a környezetvédelmi, természetvédelmi, vízgazdálkodási és tájvédelmi szakértői tevékenységről Regulated Professions: Lawyers Law Decree 3 of 1983 on legal counsels évi 3. törvényerejű rendelet a jogtanácsosi tevékenységről Ministerial Decree 7/1983 (VII.25.) on the execution of Law Decree 3 of /1983. (VIII. 25.) IM rendelet a jogtanácsosi tevékenységről szóló évi 3. törvényerejű rendelet végrehajtásáról Ministerial Decree 5/1991 (IV. 4.) on the bar examination- 5/1991. (IV. 4.) IM rendelet a jogi szakvizsgáról Ministerial Decree 12/1994 (IX.8.) on the fees for legal representatives involved in judicial execution procedures- 12/1994. (IX. 8.) IM rendelet a bírósági végrehajtási eljárásban közreműködő jogi képviselő díjazásáról Act LIII of 1994 on judicial enforcement évi LIII. Törvény a bírósági végrehajtásról Act XI of 1998 on lawyers évi XI. Törvény az ügyvédekről Act LV of 2002 on mediation évi LV. Törvény a közvetítői tevékenységről Ministerial Decree 17/2003 (VI.24.) on the fees for probation lawyers and assigned public defenders- 17/2003. (VI. 24.) IM rendelet a Pártfogó Felügyelői Szolgálat tevékenységéről, valamint ehhez kapcsolódóan egyes igazságügy-miniszteri rendeletek módosításáról Ministerial Decree 26/2003 (VII.1.) on the expenses of the accused and his defender as well as on the reimbursement of such fees by the state and the costs of other persons and their representative involved in the criminal procedure- 26/2003. (VII. 1.) IM BM PM együttes rendelet a terhelt és a védő készkiadása, illetőleg a védő díja állam általi megtérítésének szabályairól, valamint a büntetőeljárásban részt vevő személyek és képviselőik költségéről és díjáról Act LXXX of 2003 on Legal Aid évi LXXX. Törvény a jogi segítségnyújtásról Ministerial Decree 11/2004 (III.30.) on the fees of legal aid providers- 11/2004. (III. 30.) IM rendelet a jogi segítő díjazásáról Ministerial Decree 18/2007 (III.19.) on the professional titles used by European Community lawyers- 18/2007. (III. 19.) IRM rendelet az európai közösségi jogászok szakmai megnevezéseiről Ministerial Decree 56/2007 (XII.22.) on the use of legal aid- 56/2007. (XII. 22.) IRM rendelet a jogi segítségnyújtás igénybevételének részletes szabályairól Ministerial Decree 58/2007 (XII.23.) on the fees of mediators in criminal procedures- 58/2007. (XII. 23.) IRM rendelet a büntető ügyekben közvetítői tevékenységet végző ügyvéd képesítési követelményeiről, díjazásáról és iratkezeléséről Ministerial Decree 13/2008 (VI.24.) on the identity card (licence) for lawyers, employed lawyers, apprentice lawyers, legal counsellors and European Community lawyers- 13/2008. (VI. 24.) IRM rendelet az ügyvédek, az alkalmazott ügyvédek, az ügyvédjelöltek, a külföldi jogi tanácsadók és az európai közösségi jogászok igazolványáról Accountants Act C of 2000 on accounting évi C. törvény a számvitelről Government Decree 224/2000 (XII.19.) on the reporting and bookkeeping obligations of other organisations as provided in the Accounting Act- 224/2000. (XII. 19.) Korm. Rendelet a számviteli törvény szerinti egyes egyéb szervezetek beszámoló készítési és könyvvezetési kötelezettségének sajátosságairól Government Decree 93/2002 (V. 5.) on the registration of accountants- 93/2002. (V. 5.) Korm. Rendelet a könyvviteli szolgáltatást végzők nyilvántartásba vételéről Act LXXV of 2007 on Chamber of Auditors, Auditing and the Public Supervision of Auditors évi LXXV. Törvény a Magyar Könyvvizsgálói Kamaráról, a könyvvizsgálói tevékenységről, valamint a könyvvizsgálói közfelügyeletről National Report for Hungary, May 2011

48 Architects Act LVIII of 1996 on the professional chambers of design and expert engineers and architects évi LVIII. Törvény a tervező- és szakértő mérnökök, valamint építészek szakmai kamaráiról Act LXXVIII of 1997 on the formation and protection of the built environment évi LXXVIII. Törvény az épített környezet alakításáról és védelméről Government Decree No 190/2009 (IX.15.) on the activities of chief architects- 190/2009. (IX. 15.) Korm. Rendelet a főépítészi tevékenységről Government Decree 192/2009 (IX. 16.) on engagement in certain professional activities in the construction sector- 192/2009. (IX. 15.) Korm. Rendelet az egyes építésügyi szakmagyakorlási tevékenységekről Circular 8001/2005 (MK 44.) of the Ministries of Transport and Trade, Environment and Water, Information and Communication and the Minister without portfolio on the conditions of professional examinations for architects and technical experts- 8001/2005. (MK 44.) GKM KvVM IHM TNM együttes tájékoztatóaz építészeti-műszaki tervezői és műszaki szakértői jogosultsági vizsga követelményrendszeréről Engineers Act LXXVI of 1996 on surveying and mapping activities évi LXXVI. Törvény a földmérési és térképészeti tevékenységről Ministerial Decree 21/1997 (III.12.) on the implementation of Act LXXVI of /1997. (III. 12.) FM HM együttes rendelet a földmérési és térképészeti tevékenységről szóló évi LXXVI. törvény egyes rendelkezéseinek végrehajtásáról Act XXVII of 1998 on biotechnology activities (genetic engineering) évi XXVII. Törvény a géntechnológiai tevékenységről Act LXXXIV of 2000 on the Hungarian Chamber of Engineers and Doctors of Plant Protection évi LXXXIV. Törvény a Magyar Növényvédő Mérnöki és Növényorvosi Kamaráról Act XXXVII of 2009 on forests, forest protection and management évi XXXVII. Törvény az erdőről, az erdő védelméről és az erdőgazdálkodásról Tax advisors Act XCII of 2003 on the rules of taxation évi XCII. Törvény az adózás rendjéről Ministerial Decree 26/2008 (VII.30.) on rules applicable for granting and revoking licences and on the registration of tax consultants, tax professionals and certified tax advisors- 26/2008. (VIII. 30.) PM rendelet az adótanácsadói, az adószakértői és az okleveles adószakértői tevékenység végzésére jogosító engedélyek kiadásának és visszavonásának feltételeiről, továbbá a kapcsolódó nyilvántartás vezetésének és a nyilvántartásban szereplők továbbképzésének szabályairól Patent attorneys Act XXXII of 1995 on patent agents évi XXXII. Törvény a szabadalmi ügyvivőkről Act XXXIII of 1995 on the protection of inventions by patents évi XXXIII. Törvény a találmányok szabadalmi oltalmáról Ministerial Decree 76/1995 (XII.29.) on the patent attorney examinations- 76/1995. (XII. 29.) IKM rendelet a szabadalmi ügyvivői vizsgáról Act XI of 1997 on the protection of trademarks and geographical indications évi XI. Törvény a védjegyek és a földrajzi árujelzők oltalmáról Ministerial Decree 2/2008 (VIII.22.) on the industrial property qualification- 2/2008. (VIII. 22.) TNM rendelet az iparjogvédelmi szakképesítésről National Report for Hungary, May 2011

49 ANNEX II Sources of information Reports Handbook on the Implementation of the Services Directive Commission Staff Working Paper On the process of mutual evaluation of the Services Directive Accompanying document to the Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions - Towards a better functioning Single Market for services building on the results of the mutual evaluation process of the Services Directive {COM(2011)20 final} Conclusions on a better functioning Single Market for services mutual evaluation process of the Services Directive Unleashing cross-border services On the process of mutual evaluation of the Services Directive Websites Link to the Services Act Link to the Omnibus Act Website of the point of single contact Website of the Ministry of Foreign Affairs National Report for Hungary, May 2011

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