Hungary
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Hungary (in Hungarian: Magyarország) is a landlocked country in continental Europe that shares borders with Austria, Croatia, Romania, Slovakia, Slovenia, Ukraine and Serbia. A sovereign realm since the year 1000, Hungary regained her independence on a smaller territory in 1918, upon the dissolution of the Austro-Hungarian Monarchy. Having been a member of the Soviet Block (Warsaw Pact, CMEA etc.) between 1945 and 1990, Hungary became a multiparty, parliamentary republic in 1990. Hungary’s new constitution came into force as of 1 January 2012. In Hungary legislative powers are vested in the Parliament which is elected for a four-year term. The head of state is the President of the Republic, Mr. János Áder (since May 2012), and the executive arm of the Government is headed by the Prime Minister, Mr. Viktor Orbán. Parliamentary elections will be held in the spring of 2018. Hungary has been a full member of the United Nations since 1955, and member of the European Union since May 2004. Hungary joined the North Atlantic Treaty Organisation as a full member in March, 1999.
The capital city is Budapest, and the official language is Hungarian. The currency is Hungarian Forints (Ft or HUF). (One US Dollar is equal to, approximately, HUF 286, while one Euro is equal to, approximately, HUF 310 on the basis of the USD-HUF and EUR-HUF exchange rates quoted by the National Bank of Hungary on 1 February 2016)
In Hungary, Act XLII of 2000 on traffic (transport) on waterways (the “Shipping Act”) regulates shipping activity. Under the Shipping Act, the Roads, Railway and Shipping Office of the National Transport Authority (in Hungarian: Nemzeti Közlekedési Hatóság Útügyi, Vasúti és Hajózási Hivatala) (hereinafter: “Shipping Authority” or “Registration Authority”, as the context may require) under the Ministry of National Development, Office of the Minister of State for Transport Policy (in Hungarian: Nemzeti Fejlesztési Minisztérium, Közlekedéspolitikáért Felelős Államtitkárság)) serves as the government authority for shipping, and also keeps the Ship Register (in Hungarian: hajólajstrom) for the registration of seagoing large ships, inland-water large ships, small ships, ferries, floating machinery and self-propelled floating machines. The application form (in Hungarian) is available on the home page of the Registration Authority in electronic format.
Under the Shipping Act all floating vessels must be generally registered in the Ship Register, boats (except ferryboats), non-engine-driven water sport equipment, non-engine-driven small-ships (except sailboats), self-propelled floating vessels without residential superstructure and with a deck smaller than 25 m² and other floating facilities are exempt from such obligations.
Appeals against the decisions of the Shipping Authority are dealt with by the Central Office of the National Transport Authority (in Hungarian: Nemzeti Közlekedési Hatóság Központi Hivatala).
A list of applicable Hungarian legal rules is provided in Table 1.
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Table 1 |
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List of applicable legislation |
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Act V of 1931 |
on the Promulgation of the International Convention for the Unification of Statutory Privileges and Maritime Hypothecs, made in Brussels, on April 10, 1926 |
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Act XCIII of 1990 |
on Duties |
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Act LIII of 1994 |
on the Enforcement of Judicial Decisions |
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Act CXVII of 1995 |
on Personal Income Tax |
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Act LXXXI of 1996 |
on Corporate Tax and Dividend Tax |
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Act XLII of 2000 |
on Traffic on Waters (Shipping) |
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Act LXXIX of 2000 |
on the Promulgation of the International Convention for “the repatriation of sailors” made at the International Labour Conference in 1987 |
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Act LXXVIII of 2000 |
on the Promulgation of the International Convention for “social security of sailors” made at the International Labour Conference in 1987 |
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Act LXXVII of 2000 |
on the Promulgation of the International Convention for “medical assistance and health protection for sailors” made at the International Labour Conference in 1987 |
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Act LXXVI of 2000 |
on the Promulgation of the International Convention “for the welfare of sailors in the harbours and on the sea” made at the International Labour Conference in 1987 |
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Act X of 2001 |
on the Promulgation of the International Convention for the Prevention of Contamination from Ships “MARPOL 1973/1978” |
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Act XI of 2001 |
on the Promulgation of the International Convention for the “life safety on the sea” SOLAS 1974/1978, made in London, on November 1, 1974 |
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Act XXII of 2008 |
on the Promulgation of the International Convention for the “limitation of liability for maritime claims”, made in London on November 19, 1976 |
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Act V of 2013 |
on the Civil Code |
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Law Decree 13 of 1979 |
on International Private Law |
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Decree 198/2000 (XI.29.) of the Government |
on the registry of vessels |
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Decree 13/2001 (IV.10.) KöVim, of the Minister of Transport and Water Management |
on the conditions of shipping eligibility and suitability of inland waterway floating vessels and on the survey and certification of their working ability |
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Decree 29/2001 (IX.1.) KöViM, of the Minister of Transport and Water Management |
on the Fees of Shipping Authority |
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Decree 263/2006 (XII.20.) of the Government |
on the National Transport Authority |
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Notes: “Act” means an Act of the Hungarian Parliament. “Government Decree” means a Decree approved by the Council of Ministers (or the Government in a Cabinet Meeting). “Decree of a Minister” means a Decree issued by a member of a Government (a Cabinet Minister). In Hungary, legal rules such as Acts, Government Decrees, as well as decrees of the members of the Government (Cabinet) are not effective until published in the official gazette (Magyar Közlöny). |
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The OGSR gratefully acknowledges the kind assistance with the preparation of this summary of
György Antall, partner with
Réti, Antall & Partners Law Firm
PricewaterhouseCoopers Legal
The correspondent law firm of PricewaterhouseCoopers in Hungary
Bajcsy-Zsilinszky út 78, H-1055
Budapest, Hungary
Telephone: +36-1-461-9888, Fax: +36-1-461-9898