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Guidance to complete and submit in the Declaration of Conformity

The Declaration of Conformity (hereinafter referring as Declaration) shall be used only if the transported radioactive material/ non-categorized nuclear material/ radioactive waste level requires D level physical protection. In case of level C or higher level physical protection a physical protection plan shall be developed in accordance with the related requirements of 190/2011 Govt. Decree on physical protection.

The Declaration needs to be completed electronically (in the enclosed rtf file format), then printed. The rows in section (7) can be added or deleted if necessary. Vehicles and trailers presented in a Declaration can be hitched to each other in any variation after the registration process. The printed declaration shall be signed and stamped in the end. The declaration is only valid with original signature.

At the moment, according to the 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 an agent for service of process (ASP) at the same time of the first official contact. By official contact we mean when the client sends the official application.

Cited from the legislative document mentioned above:

" Section 87
(1) At the time of establishing contact, the client shall designate an agent for service of process, with the relevant power of attorney attached, if:
a) he does not have a residence or registered office in Hungary;
b) he did not officially appoint a representative; and
c) electronic communication is not permitted. "

You can find the English version of the Act CL of 2016 here:

https://net.jogtar.hu/getpdf?docid=a1600150.tv&targetdate=&printTitle=Act+CL+of+2016&dbnum=62&getdoc=1

According to Act V of 2006 on Public Company Information, Company Registration and Winding-up Proceedings (in Hungarian: 2006. évi V. törvény a cégnyilvánosságról, a bírósági cégeljárásról és a végelszámolásról), the ASP may be an organization or a natural person with a registered office or permanent residence in Hungary, respectively.

You can find the English version of the Act V of 2006 here:

https://net.jogtar.hu/getpdf?docid=A0600005.tv&targetdate=&printTitle=Act%20V%20of%202006&dbnum=62&getdoc=1

Due to these regulations, the Hungarian Atomic Energy Authority (HAEA) is not allowed to issue and send regulatory decisions - Orders, Official Certificates or Licenses - out of Hungary to foreign based clients.

Please note, that you are responsible for any costs related to the ASP.

If you have an ASP, note, that the contract, or in other words, "Appointment of agent for service of process" (in Hungarian: Kézbesítési meghatalmazás) between your company and the ASP shall be an attachment of any application.

Once you found someone willing to act as your ASP, tell him/her to contact the HAEA for further instructions. Once you have an ASP, you will have to manage your procedure through the ASP, so the ASP's address will be relevant for you. Based on the above we do not recommend you to send anything to the HAEA by regular post, because we cannot accept it that way.

In the end, the HAEA will issue an Official Certificate, which serves as licence. The license is valid for 5 years, if the shipments are carried out in accordance with the approved Declaration.
The approved Declaration and the Official Certificate shall be always 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) gov (dot)hu