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Guidance to complete and submit in the Declaration of Conformity
How to start a transport related procedure
On the basis of the regulations of Section 87 of Act CL of 2016 on General Public Administration Procedures (in Hungarian: az általános közigazgatási rendtartásról szóló 2016. évi CL. törvény), a client is obliged to appoint a representative or an agent for service of process, with the relevant power of attorney attached if the client does not have a residence or registered office in Hungary.
It is better to appoint a representative who - unlike the agent for service - is considered to have full power of representation in the official procedure.
You can find the English version of the Act CL of 2016 here:
https://njt.hu/jogszabaly/en/2016-150-00-00
Due to national procedural regulations, the HAEA is not allowed to issue and send regulatory decisions - Orders, Official Certificates or Licenses - out of Hungary directly to foreign based clients.
Please note, that you are responsible for any costs related to the representative.
If you have a representative, note, that an authorisation between your company and the representative shall be an attachment of the application.
The authorisation given by the statutory representative of your company to a Hungarian authorised representative shall be incorporated in a public deed or a private deed of full probative value.
A public deed means a paper-based or electronic document which was issued in accordance with the legal provisions by a court, a notary, or other authority or administrative organ acting within its scope of responsibilities.
This provision shall apply to foreign public deeds, provided that the foreign public deed was legalised by the competent Hungarian foreign mission of the place of issue, unless another requirement is specified in an international treaty entered into with the country in which it was issued.
A private deed shall have full probative value if
a) the deed was written and signed by the issuer with his own hand,
b) two witnesses confirm that the signatory of the deed signed the deed not written, in whole or in part, by him in front of them, or acknowledged his signature as his own in front of them; for confirmation, both witnesses shall sign the deed, and their name and, unless otherwise provided by an Act, domicile or, in the absence thereof, place of residence shall also be indicated, in a legible manner, in the deed,
c) the signature or initials of the signatory on the deed are authenticated by a judge or a notary,
d) the deed is properly signed by a person entitled to represent the legal person, in accordance with the rules pertaining to him,
e) the attorney-at-law or registered in-house legal counsel who drafted the deed confirms by duly countersigning the deed that the signatory of the deed signed in front of him the deed written by another person or acknowledged in front of him the signature as his own,
f) the signatory attached to the electronic deed his qualified electronic signature or seal, or his advanced electronic signature or seal based on a qualified certificate, as well as a time stamp, if required by law,
g) the signatory authenticates the electronic deed through the Identification-based Document Authentication service specified in a decree by the Government, or
h) it is created through a service specified by an Act or government decree or a certified trust service used within a closed system, where the service provider links the deed to the person of the issuer through the identification of the issuer, and certifies as authentic that linking to a person together with or on the basis of the data that can be traced back clearly to the issuer’s own hand signature; furthermore, the service provider records the certificate of clear attribution to a person into a clause attached to, and forming an inseparable part of, the electronic deed, and attaches to it and the deed at least an advanced electronic seal based on a qualified certificate and a qualified time stamp.
i) unless otherwise provided by an Act, an electronic administration organ within the meaning of the e-Administration Act or another organ entitled to use the service converted the oral statement of the issuer into a written format through an artificial intelligence supported service in accordance with the provisions of a decree by the Government, the issuer approved the draft of the statement converted into a written format, and the document was authenticated in accordance with the provisions of a decree by the Government.
An authorisation, and a statement issued for litigation purposes, or another foreign private deed shall only have the probative value if authenticated or legalised by the Hungarian foreign mission of the place of issue, unless another requirement is specified in an international treaty entered into with the country of issue.
It must be clear from the deed, who is the party being represented, who is the authorised representative, who is the the addressee of the deed (which authority, in the current case, the HAEA), as well as in which of procedure(s) (in all or just in specific ones, for e.g. Registration Procedure) of the addressed authority the representative will be entitled to act on behalf of the represented party.
In the case of a deed, the HAEA must make sure that the authorisation comes from the person entitled to it and that the signature is authentic. Therefore, you also have to attach the certificate of incorporation and the specimen signature, which proves that your company can be considered a registered and operating legal entity in your home country and how the official firm signature of its statutory representative looks like.
Once you have a Hungarian authorised representative, you will have to manage your official procedures through him/her. The HAEA does not accept any documents by post, our procedures are conducted only electronically in case of legal entities.
The representative shall start your procedures by submitting the application electronically.
In the end, the representative shall deliver the regulatory decision for you.
Your representative have to proceed via: https://magyarorszag.hu/
Level D physical protection - Official Certificate
According to the GD, in case of transporting:
- not higher than Category 4 or 5 radioactive source;
- non-categorized nuclear material (does not belong to Category I, II. or III.);
- not higher than Category 4 radioactive waste;
the Declaration of Conformity (hereinafter referring as Declaration) shall be used to register the transport vehicles.
You can find the Declaration here:
https://www.oah.hu/web/v3/HAEAportal.nsf/web?openagent&menu=05&submenu=5_0
The Declaration must be completed electronically (in the enclosed rtf file format). The rows in section (7) can be added or deleted if necessary. The printed declaration shall be verified by signing and using a company stamp. The Declaration is only valid with original signature. You have to send the completed Declaration to your representative, who will start the registration procedure.
The registration process is free of charge.
In the end, the HAEA will issue an Official Certificate, which is valid for 5 years, if the shipments are carried out in accordance with the approved Declaration. Available time for this procedure is 60 days. The approved Declaration and the Official Certificate shall always be on board during transport in Hungary.
If any of the registered transport vehicles or trailers goes out of service, or being sold, please send a notification letter to the HAEA.
In case of any questions, please contact us:
email: transportsecurity (at) haea (dot) hu
How to start a transport related procedure
On the basis of the regulations of Section 87 of Act CL of 2016 on General Public Administration Procedures (in Hungarian: az általános közigazgatási rendtartásról szóló 2016. évi CL. törvény), a client is obliged to appoint a representative or an agent for service of process, with the relevant power of attorney attached if the client does not have a residence or registered office in Hungary.
It is better to appoint a representative who - unlike the agent for service - is considered to have full power of representation in the official procedure.
You can find the English version of the Act CL of 2016 here:
https://njt.hu/jogszabaly/en/2016-150-00-00
Due to national procedural regulations, the HAEA is not allowed to issue and send regulatory decisions - Orders, Official Certificates or Licenses - out of Hungary directly to foreign based clients.
Please note, that you are responsible for any costs related to the representative.
If you have a representative, note, that an authorisation between your company and the representative shall be an attachment of the application.
The authorisation given by the statutory representative of your company to a Hungarian authorised representative shall be incorporated in a public deed or a private deed of full probative value.
A public deed means a paper-based or electronic document which was issued in accordance with the legal provisions by a court, a notary, or other authority or administrative organ acting within its scope of responsibilities.
This provision shall apply to foreign public deeds, provided that the foreign public deed was legalised by the competent Hungarian foreign mission of the place of issue, unless another requirement is specified in an international treaty entered into with the country in which it was issued.
A private deed shall have full probative value if
a) the deed was written and signed by the issuer with his own hand,
b) two witnesses confirm that the signatory of the deed signed the deed not written, in whole or in part, by him in front of them, or acknowledged his signature as his own in front of them; for confirmation, both witnesses shall sign the deed, and their name and, unless otherwise provided by an Act, domicile or, in the absence thereof, place of residence shall also be indicated, in a legible manner, in the deed,
c) the signature or initials of the signatory on the deed are authenticated by a judge or a notary,
d) the deed is properly signed by a person entitled to represent the legal person, in accordance with the rules pertaining to him,
e) the attorney-at-law or registered in-house legal counsel who drafted the deed confirms by duly countersigning the deed that the signatory of the deed signed in front of him the deed written by another person or acknowledged in front of him the signature as his own,
f) the signatory attached to the electronic deed his qualified electronic signature or seal, or his advanced electronic signature or seal based on a qualified certificate, as well as a time stamp, if required by law,
g) the signatory authenticates the electronic deed through the Identification-based Document Authentication service specified in a decree by the Government, or
h) it is created through a service specified by an Act or government decree or a certified trust service used within a closed system, where the service provider links the deed to the person of the issuer through the identification of the issuer, and certifies as authentic that linking to a person together with or on the basis of the data that can be traced back clearly to the issuer’s own hand signature; furthermore, the service provider records the certificate of clear attribution to a person into a clause attached to, and forming an inseparable part of, the electronic deed, and attaches to it and the deed at least an advanced electronic seal based on a qualified certificate and a qualified time stamp.
i) unless otherwise provided by an Act, an electronic administration organ within the meaning of the e-Administration Act or another organ entitled to use the service converted the oral statement of the issuer into a written format through an artificial intelligence supported service in accordance with the provisions of a decree by the Government, the issuer approved the draft of the statement converted into a written format, and the document was authenticated in accordance with the provisions of a decree by the Government.
An authorisation, and a statement issued for litigation purposes, or another foreign private deed shall only have the probative value if authenticated or legalised by the Hungarian foreign mission of the place of issue, unless another requirement is specified in an international treaty entered into with the country of issue.
It must be clear from the deed, who is the party being represented, who is the authorised representative, who is the the addressee of the deed (which authority, in the current case, the HAEA), as well as in which of procedure(s) (in all or just in specific ones, for e.g. Registration Procedure) of the addressed authority the representative will be entitled to act on behalf of the represented party.
In the case of a deed, the HAEA must make sure that the authorisation comes from the person entitled to it and that the signature is authentic. Therefore, you also have to attach the certificate of incorporation and the specimen signature, which proves that your company can be considered a registered and operating legal entity in your home country and how the official firm signature of its statutory representative looks like.
Once you have a Hungarian authorised representative, you will have to manage your official procedures through him/her. The HAEA does not accept any documents by post, our procedures are conducted only electronically in case of legal entities.
The representative shall start your procedures by submitting the application electronically.
In the end, the representative shall deliver the regulatory decision for you.
Your representative have to proceed via: https://magyarorszag.hu/
Level D physical protection - Official Certificate
According to the GD, in case of transporting:
- not higher than Category 4 or 5 radioactive source;
- non-categorized nuclear material (does not belong to Category I, II. or III.);
- not higher than Category 4 radioactive waste;
the Declaration of Conformity (hereinafter referring as Declaration) shall be used to register the transport vehicles.
You can find the Declaration here:
https://www.oah.hu/web/v3/HAEAportal.nsf/web?openagent&menu=05&submenu=5_0
The Declaration must be completed electronically (in the enclosed rtf file format). The rows in section (7) can be added or deleted if necessary. The printed declaration shall be verified by signing and using a company stamp. The Declaration is only valid with original signature. You have to send the completed Declaration to your representative, who will start the registration procedure.
The registration process is free of charge.
In the end, the HAEA will issue an Official Certificate, which is valid for 5 years, if the shipments are carried out in accordance with the approved Declaration. Available time for this procedure is 60 days. The approved Declaration and the Official Certificate shall always be on board during transport in Hungary.
If any of the registered transport vehicles or trailers goes out of service, or being sold, please send a notification letter to the HAEA.
In case of any questions, please contact us:
email: transportsecurity (at) haea (dot) hu
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