Legal Instrument

Legal instruments

Hungary

Relationship of WHO FCTC (Act III of 2005 on the enactment of Framework Convention in Tobacco Control) and national, international legal instruments:

1. Definitions

Hungarian legislation

·          Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products

·         Decree 102/2005. (X. 31.) FVM on the manufacturing, marketing and monitoring of tobacco products

2. Relationship of FCTC with other agreements and legal instruments

3. Aims

International legislation

 

·          2009/C 296/02 Council Recommendation of 30 November 2009 on smoke-free environments 

·          2003/54/EC Council Recommendation of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control

 


4. Principles

International legislation

·          2009/C 296/02 Council Recommendation of 30 November 2009 on smoke-free environments 

 

5. General commitments

International legislation

·          2009/C 296/02 Council Recommendation of 30 November 2009 on smoke-free environments 

 

6. Price and tax measures to reduce the demand for tobacco

Hungarian legislation

·         Act CXXVII of 2007 on value added tax

·         Act CXVII of 1995 on personal income tax

·         Act CXXVII of 2003 on excise taxes and special regulations on the marketing of excise goods

 

7. Non-price measures to reduce the demand for tobacco

8. Protection from exposure to tobacco smoke

Hungarian legislation

·         Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products

·         Act XCIII of 1993 on labor safety

·         Act CLIV of 1997 on health

·         Ministry of Rural Development instruction No 15/2000. (K. Ért. 9.) instruction on smoking designation of smoking areas

·         Ministry of Interior instruction No 34/1999. (Paragraph 21.) on the regulations of smoking and sales of tobacco products in organizations under the direction of Minister of Interior

·         Regulation of Minister without portfolio No 7/1999. (XI. 10.) on smoking, designation of smoking area and sales of tobacco products

·         Ministry of Defence Regulation No 14/1999. (X. 27.) on smoking, designation of smoking area and sales of tobacco products 17/1999. (XI. 18.) Ministry of Justice regulation on protection of non-smokers, consumption of non-smokers and regulations of sales at penal institutions

·         Ministry of Interior No 36/1999. (X. 22.) regulation on regulations of smoking and sales of tobacco products at armed forces under the direction of Minister of Interior

 

9. Regulation of the contents of tobacco products

Hungarian legislation

·         Ministry of Rural Development Regulation No 102/2005. on production, sale and control of tobacco products

10. Regulation of tobacco product disclosures

Hungarian legislation

·         Decree 102/2005. (X. 31.) FVM on the manufacturing, marketing and monitoring of tobacco products

11. Packaging and labelling of tobacco products 

Hungarian legislation

·         Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products

·         Decree 102/2005. (X. 31.) FVM on the manufacturing, marketing and monitoring of tobacco products

 

International legislation

·          Directive 2001/37/ECof the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products.

·          Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages

12. Education, communication, training and public awareness

Hungarian legislation

·         Act LXXIX. 1993 on public education

·         Government Regulation No 243/2003. (XII. 17.) on edition, introduction, and application on the National CoreCurriculum;

·         Government Regulation No 130/1995. (X. 26.) on the edition of the National Core Curriculum

 

13. Tobacco advertising, promotion and sponsorship 

Hungarian legislation

·         Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities

·         Juridical Decision No 196/2010 Marketing of tobacco products on the Internet is not a point of sale. Advertisements presented there are against the ban of the advertisement of tobacco product. (Act LVIII of 1997 13. §, Act XLI of 1999 5. §).

International legislation

Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products

 

14. Demand reduction measures concerning tobacco dependence and cessation

 

15. Illicit trade in tobacco products

International legislation

·         Decree Law No 2/1964 on the enactment of the Convention (04. 06. 1964, New York) concerning customs facilities applicable to travellers and the complementingprotocol

·         Directive 2001/37/ECof the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products.

 

16. Sales to and by minors

 

Hungarian legislation

·          Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products

International legislation

·         Directive 2001/37/ECof the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products.

17. Provision of support for economically viable alternative activities

18. Protection of the environment and the health of persons

Hungarian legislation

·         Act XX of 1949 on the Constitution of the Republic of Hungary

·         Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco Products

 

19. Liability

 

20. Research, surveillance and exchange of information

 

21. Reporting and exchange of information

 

22. Cooperation in the scientific, technical, and legal fields and provision of related expertise

 

23. Conference of the Parties

 

24. Secretariat

 

25. Relations between the Conference of the Parties and intergovernmental Organizations

 

26. Financial resources

 

27. Settlement of disputes

 

28. Amendments to this Convention

 

29. Adoption and amendment of annexes to this Convention

 

30. Reservations

 

31. Withdrawal

 

32. Right to vote

 

33. Protocols

 

34. Signature

 

35. Ratification, acceptance, approval, formal confirmation or accession

 

36. Entry into force

37. Depositary

 

38. Authentic texts

 


WHO

Framework Convention on Tobacco Control


EU


Other