Country Profile: Hungary
Author | Naldini, Andrea; Pompili, Marco; Peruccacci, Eleonora |
Pages | 182-185 |
182
14.COUNTRY PROFI LE: HUNGARY
14.1. Section 1- Nat ional rules for th e ev aluation of State aidschemes
14.1 .1.Obligation or lack thereof to evaluate
In Hungary the CXXX. 2010 Law (17. §) defines the prerequisites for the introduction
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 preceded by an ex-ante impact 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 these 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 main source of law regarding St ate aidschemes is represented by EU
rules159and the national 37/2011 Government Regulation. There is no national legal
obligation to evalu ateState aidschemes, so EU legislation is the main legally binding
source in t his mat ter .
Major legislation changes in EU legislation regarding State aidschemes occurred
between the 2007-2013 and 2014-2020 programming periods. The main principle is
‘trust and verify’;however, at the same time, measures that may seriouslyharm
com pet itio n or fragm ent the internal m ark et are assessed m ore careful ly.
The mainState aidguidelines and frameworks adopted since 2012 foresaw the
possibility of requiring evaluations for aid schemes with large budgets, with novel
characteristics or when significant market, technology or regulatory changes are
foreseen. The Commission has already required evaluations in cases related to
broadband investments. The new GBER foresees evaluations of large aid schemes in
specific fields, in order to ensure that evaluation remains proportionate and limited to
a manageable number of aid schemes with an average annual State aidbudget of at
leastEUR 150 million in the field of: regionalaid, aid for SMEs, access to finance, aid
for research and development and innovation, energy and environmental 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 dand sta te subsidies is
the Stat e aid Monit oring Off ice ( SAMO), which is under the authority of t he Ministry of
Innovation and Technology. The procedures of this authorityto manage State aid
schemes are presented below, but they do not include evaluations carried out
autonom ously, since they are not m andatory. So far this kind of assessments has not
been implement ed by th e gover nment .
The SAMO has to ensure that Stateaidin Hungary is granted in accordance with the
St ate aidr 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/ 2011. (I II . 22.) on procedures relat ing to
State aidschemes under Article 107(1) of the TFEU and the regional aid map. 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
159The Treaty on the Functioning of the European Union (TFEU), Article 107 and 108 and the Council
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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