The EU forms a single market, but there are still many questions when products that are already in commercial circulation in an EU country should also be placed on the market in Hungary.
The uncertainties arise – justifiably – primarily from the fact that consumer protection plays a prominent role in the EU, even across the board, and all products are measured against its high standards.
If products fail to meet consumer protection regulations in any aspect, this can result in hefty fines and other financial losses (e.g. products being taken off the market).
In the following, we will familiarize you with the rules that must be observed when placing products and certain product groups on the market in Hungary.
I. Legal regulations
Consumer protection is regulated at EU level with numerous, mostly directly binding and applicable regulations – directives.
The rules are generally applicable to products on the one hand (e.g. rules on language), and specific to product groups on the other, which is particularly true for food.
In addition, there may be special rules in the individual member states, especially for specific product groups (such as in Hungary for typical spirits), which must also be taken into account.
II. General rules
Placing on the market has fundamental and, so to speak, basic rules that cannot be ignored.
a) Form and language of information
Product information for products sold in Hungary must always be provided in Hungarian, so that information in a foreign language that is already included with the product is not sufficient, even if it is already available in a language (e.g. English) that most people could probably understand.
Language alone is not enough, however, as the information should be clear and unambiguous, i.e. according to case law, it should be understandable for “average, reasonably well-informed, attentive and intelligent consumers”. Since the language criterion has both formal and substantive elements, it is not sufficient to provide information in Hungarian selected at one’s own discretion.
b) Price indication
Consumers are usually informed in writing, in a clear, easily identifiable and clearly legible form, of the selling price and unit price of the product offered for sale.
The price must always be indicated in HUF, i.e. in legal tender.
In some cases, there are exceptions to price indication, e.g. in the case of bulk packaging.
III. The term “product”
Product: all movable property intended for consumers and users, transported or made available in the course of a transaction for a fee or in a new, used or recycled state, with the exception of foodstuffs.
This also means that the legal definition of “product” is not the same as in everyday language, since foodstuffs do not fall into this category and constitute a separate category.
c) Information rules
The legislation aims to ensure that the products to which it applies meet the health, safety and consumer protection requirements, i.e. the conditions under which the products are placed on the market.
1) Instructions for use, warnings and symbols
To the extent required by Union or national law, all products placed on the market in Hungary must carry
- Instructions for use are information provided to the consumer or user in a durable form on the intended and safe use, storage and handling of the product.
- Safety instructions, which means that if the risks associated with the use of a product are not immediately apparent without warning, consumers and users must be warned in writing so that they can assess the risks posed by the intended or reasonably foreseeable use of the product and take precautions.
- Where required by law (and only in this case, i.e. not voluntary), the product must bear the CE marking indicating that it is a product that complies with the requirements of the relevant Community harmonisation legislation.
- The manufacturer must affix markings to the product to identify the product. The marking must be affixed in such a way that the product can be precisely identified. The product identifier may be the type, article, model or serial number of the product or another unique identifier.
- The manufacturer and the importer must also affix their trade name to the product