Country Profile: Hungary

AuthorNaldini, Andrea; Pompili, Marco; Peruccacci, Eleonora
14.1. Section 1 - Nat ional rules for th e ev aluation of State aid schemes
14.1 .1. Obligation or lack thereof to evaluate
In Hungary the CXXX. 201 0 Law ( 17. §) defines th e prerequisites for the in troduction
of new laws an d p ubli c policies; t his law stip ulat es t hat an y legislat ive proced ures m ust
be pr eceded by an ex-ante im pact assessment on the budgetary and socio-economic
im pact . Ho wev er, the se ex -ant e ev alua tion s ar e m ost ly car ried out by the Gov ern men t,
and for t he int ernal work of t he Government , so t hese evaluations are not public m ost
of t he t im es. On t he cont rar y, ex-p ost eval uat ions are not m andat ory and it is up to t he
Govern ment to decide to im plement t hem ( 21. §).
In Hungary the m ain source of law regarding St ate aid schemes is represented by EU
ru les159 and the national 37/2011 Government Regulation. There is no nat ional legal
obligation t o evalu ate State aid schemes, so EU legislat ion is the m ain legally b inding
source in t his mat ter .
Maj or legislat ion changes in EU legislation regarding State aid schem es occurred
bet ween t he 2007-2013 and 2 01 4-2 020 pr ogramming periods. The main principle is
‘trust an d verify’; how ever, at t he same t im e, m easures that may seriously har m
com pet itio n or fragm ent the internal m ark et are assessed m ore careful ly.
The m ain State aid guidelines and fram eworks adopt ed since 2012 for esaw th e
possibility of requiring ev aluat ions for aid schemes with large budget s, w it h novel
characteristics or when significant market, t echnology or regulatory changes ar e
foreseen. The Commission has already required evaluations in cases relat ed t o
broadband investm ents. The new GBER foresees evaluat ions of lar ge aid schemes in
specific f ields, in order to en sure that evaluation r em ains proportionate an d limited to
a manageab le number of aid schemes with an av erage annual St at e aid budget of at
least EUR 150 million in the field of: r egional aid, aid for SMEs, access to finance, aid
for research and dev elopm ent and innov at ion, energy and environm ental aid, aid for
broadband infr astr uctures.
14.2. Section 2 - Nat ional author ities responsible for the evaluat ion of State aid
14.2 .1 . Nation al organisat ion for Stat e aid
In Hun gary , t he main cent ralised author ity dealin g w ith St ate ai d and sta te subsidies is
the Stat e aid Monit oring Off ice ( SAMO), which is under the authority of t he Ministry of
Innovation an d Technology. Th e procedur es of this authority to m anage St at e aid
schemes are present ed below, but t hey do not in clude ev aluat ions carried out
autonom ously, since they are not m andatory. So far this kind of assessment s has not
been implement ed by th e gover nment .
The SAMO has t o ensure that St at e aid in Hungary is grant ed in accordance with the
St ate aid r ules of the European Uni on. The l egal back ground f or implem enti ng Sta te aid
contr ol is defined by Gover nment Decree 37/ 201 1. (I II . 22.) on procedures relat ing to
State aid schem es under Article 10 7( 1) of t he TFEU and the regional aid m ap. The
Gov ern me nt Decr ee cont ain s p roce dur al rul es r elat in g t o pri or not ifi cat ions , s ets out t he
159 The Treaty on the Funct ioning of th e European Union ( TFEU), Art icle 107 and 10 8 and th e Cou ncil
Regu latio n 20 15/ 158 9 o n lay ing down det ailed rul es fo r t he ap plicat ion of A rtic le 10 8 of th e TFEU.

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