Plastics and packaging laws in Hungary

1. What is the general legislative framework regulating packaging and plastic waste in your jurisdiction?

Packaging and plastics waste are primarily regulated by the following texts:

i. Act CLXXXV of 2012 on Waste

This Act contains the general rules and principles of waste management such as (a) principle of waste prevention, (b) principle of extended producer responsibility, and (c) “polluter pays” principle, etc. 

ii. Act LIII of 1995 on the General Rules of Environmental Protection

This Act provides a general authorisation for the government to adopt implementing regulations for the prohibition or restriction of producing, placing on the market, use and commerce of single-use products. The basic principles of environment protection set forth by this Act are: (a) precaution, (b) prevention and (c) restoration.

iii. 442/2012 (XII. 29) Government Decree on packaging and packaging waste management activities 

This Government Decree contains the detailed rules regarding (a) packaging and packaging waste of products placed on the market in Hungary, (b) collecting packaging and packaging waste.

2. Are there any measures, existing or expected, in respect of single-use plastics?

Yes. Act XCI of 2020 on the prohibition of the distribution of single-use plastics  came into effect on 1 July 2021. 

This Act implements:

  1. Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags; and
  2. Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment.

Government Decree 349/2021. (VI. 22.) implementing the Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment. It applies to fishing gear containing plastic and the single-use plastic products listed in the decree and establishes product requirements, labelling requirements, information requirements and obligations for manufacturers to register and keep records. The decree will enter into force in several phases. The ban on making single-use plastic products available free of charge came into force on 1 January 2023.

3. Are there any existing or expected producer responsibility schemes in place for packaging or plastics?

As of 3 March 2021 there is an extended producer responsibility scheme in Hungarian law in accordance with Directive 2008/98/EC. 

According to Act CLXXXV of 2012 on Waste, the extended producer responsibility scheme is a set of measures aimed at ensuring that the producer bears the financial or financial and organisational responsibility for waste management. 

Government Decree 80/2023. (III. 14.) introduces the detailed rules for the operation of the extended producer responsibility scheme. The new scheme applies to packaging, certain single-use plastic products, electrical and electronic equipment, batteries and accumulators, motor vehicles, tyres, office and promotional stationery, cooking oil and fat, certain textiles and wooden furniture.

4. Are there any existing or expected deposit return schemes (“DRS”) in place for packaging or plastics?

Yes. As of 1 January 2024 a so called “return fee scheme” (same in its purposes and methods as a deposit return scheme) is applicable regulated by Government Decree 450/2023. (X.4.) that is in accordance with relevant EU Directives of 2018/852 and 2019/904. 

The mandatory return fee scheme applies to plastic, metal and glass packaging of beverage products until 3 litre with the exception of packaging of milk-based beverage products and small quantity producers. There is also a voluntary return fee scheme applicable to products voluntarily labelled by the manufacturer as returnable.

5. Are there any existing or expected taxes on packaging or plastics?

Environmental Product Levy applies to a list of products including packaging products and other plastic products. The Environmental Product Levy is governed by Act LXXXV of 2011 on Environmental Product Levy. The amount to be paid is based on the customs tariff number and the weight of the products.

Under the current regulation, the amount of the Environmental Product Levy is set at:

  1. HUF 57/kg (approximately EUR 0.14) for plastics in general;
  2. HUF 1900/kg (approximately EUR 4.79) for plastic packaging bags;
  3. The amount of the levy for packaging varies between HUF 19/kg (approximately EUR 0.05) and HUF 57/kg (approximately EUR 0.14) based on the material.

The levy amount applicable to biodegradable plastic bags is HUF 500/kg (approximately EUR 1.26).

Since 1 July 2023, packaging and plastics (with certain exceptions) are covered by both the Environmental Product Levy and EPR fee. The EPR fee may reduce the amount of the Environmental Product Levy payable (even up to zero) under certain circumstances and according to a specific calculation formula defined by the Act. 

Hungary ratified the New Own Resources Decision (Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom), with Act XLV of 2021. 

A new own resource has been introduced in the European Union, which is calculated on the basis of the weight of plastic packaging waste generated in each Member State that is not recycled and a uniform call rate of EUR 0.80/kg is applicable. In this regard, there is no available information whether the financial burden in connection with the non-recycled plastic packaging would be imposed on companies or not. 

6. Are there any measures, existing or expected, regarding micro-plastics or the use of microbeads in products?

Government Decree 301/2021. (VI. 1.) implementing the SUP Directive (Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment) introduced a general prohibition on placing products on the market that are made from oxo-degradable plastic. Oxo-degradable plastic is a plastic containing special additives that – due to oxidation – fragments into micro elements or chemically degrades.

7. Are there any existing or expected recycling or waste reduction targets in place for packaging or plastics?

Government Decree No. 442/2012. (XII. 29.) on packaging and waste management activities related to packaging waste specifies that by 31 December 2025 at least 65% and by 31 December 2030 at least 70% of the total weight of packaging that is generated as waste nation-wide in the current year must be recycled, out of which the targets for each packaging material in connection with their total weight is specified as well (e.g. the annual minimum recycling rate of plastic packaging shall be at least 50% by the end of 2025, and 55% by the end of 2030 compared to the total weight of plastic waste generated).

8. Is the use of recycled materials in food packaging regulated?

Not for the time being.

As of 1 January 2024 Hungary introduced a DSR system.

This chapter was last updated on March 2024 and does not reflect any subsequent developments in the law.

Portrait ofDóra Petrányi
Dóra Petrányi
Partner
Budapest
Portrait ofMárton Domokos
Márton Domokos
Co-ordinator of the CEE Data Protection Practice, CMNO
Budapest
Portrait ofGábor Bertók
Gábor Bertók
Associate
Budapest