Government Regulation 261/2011 brought with it considerable changes with effect from 1 January 2021, shifting control and reporting obligations for transport into and out of Hungary to consignors/consignees. The new law has caused uncertainties on the market. Based on initial experience with the new law and discussions with the responsible authority by the Noerr Commercial Trade and Digital Business team, some light can now be shed on the proper application of the new regulation.
As of 1 January 2021, the BIREG System imposes new obligations on consignors and consignees in order to effectively control transport events with third country relevance. Now, not only do operators have the obligation to register the transport in the system, but consignors and consignees also have secondary control and reporting obligations. Consignees and consignors must examine permissions (CEMT and bilateral), register the transport and report any errors to the authorities. These obligations must be fulfilled and the resulting records retained.
It is important to note that the new rules do not apply to any transport events with a Community license. Therefore, consignors and consignees must check whether a third country (non-EU country) is involved in the transport event, either because the:
(a) place of discharge or place of loading is in a third country, or
(b) the transport is performed using a vehicle registered in the territory of a third country.
As bilateral permissions make the review more complicated, it is advisable to examine the permissions based on the information issued by the Hungarian authorities at Dokumentumtár - Közlekedési Hatóság (kormany.hu)
A transport event that involves failure to use BIREG is treated as an unauthorized transport and is therefore subject to the same penalty.
By Eszter Sieber-Fazakas, Senior Associate, Noerr