1. Roles and responsibilities and criteria for operation of the Hungarian National Contact Point; its relationship with other organisations

The National Contact Point (NCP)

- communicates and disseminates the Directives, also through the electronic media, and ensures that they are available in the national language;
- organises seminars and meetings to communicate the Directives;
- establishes contact with the business community, and employers', employees', non-governmental and civil organisations with a view to explaining the application of the Directives and interpreting them where appropriate;
- answers the questions raised by representatives of the business community, and employers', employees', non-governmental and civil organisations, natural persons, other National Contact Points and the governments of non-adhering countries concerning the application of the Directives;
- cooperates (where appropriate) with the other National Contact Points and CIME;
- prepares an annual report for the national authorities and CIME about its activities.

Fundamental criteria of operation for NCPs

- Visibility: the governments of acceding countries inform the representatives of the business community, and employers', employees' and non-governmental organisations that there are NCPs in operation whose purpose is to apply, to promote the application of, and to communicate the Directives. With a view thereto, the NCPs play an active role; they organise seminars and meetings.
- Availability: NCPs must be readily available to all parties, also making use of the electronic media to this purpose. NCPs must respond to every lawful inquiry within an appropriate timeframe and in an appropriate manner.
- Transparency: is required to ensure the accountability of NCPs and to win public confidence. Most of the NCPs' activities, including the final resolution of matters, must conform to the transparency criteria, unless there is legislation to be applied concerning data protection and confidentiality and restricting transparency.
- Accountability: increased activity on the NCPs part raises their public profile. The annual report on the activities of the NCPs and their annual meetings provide a forum for introducing and promoting best practice and for CIME to create opportunities for exchanging experiences and to improve the efficiency of NCPs' activities.

Roles and responsibilities of the CIME and its relationship with NCPs

The Council Decision determines the responsibility of the CIME in respect of the Directives, that is CIME organises discussions on matters related to the Directives, resolves any problems and situations that may arise, holds discussions about the National Contact Points and reports to the Council on the Directives. CIME is the body of OECD being responsible for the review and operation of the Directives. This responsibility also extends to the key instruments of the Declaration.

The Decision also provides opportunities for non-adhering countries to consult in all issues related to the Directives, reflecting their increased importance outside the OECD; the CIME may from time to time organise meetings for country groups concerned in the application of the Directives or establish contact with a particular country where required.

2. NCP procedure in the case of inquiries (comments)

If the National Contact Point receives an inquiry (comment) with respect to the Directives or an enterprise, the NCP first decides whether the inquiry (comment) falls within the scope of the Directives and whether further investigation is required, and informs the applicant whether a procedure will be launched as a result of the inquiry.

If a procedure is launched, the NCP consults all organisations who may be of help in responding to the inquiry and resolving the issue. In the first instance, the NCP itself attempts to respond to the inquiry or resolve the problem within the country. If this is not possible, it may involve the National Contact Point(s) of other countries as and when required. Where appropriate, the NCP contacts the government(s) of the involved but non-adhering countries, or, if necessitated by the complexity of the matter, it looks to the CIME for the clarification of the issues arisen and, where appropriate, for the interpretation of the relevant part of the Directives.

After the consultations and the investigation the NCP proposes a solution to the applicant. If the company concerned and the applicant fail to reach an agreement, the NCP issues a statement about the matter in question, containing recommendations for the resolution of the problem in accordance with the Directives.

If a comment is made on the Directives, the NCP discusses and interprets it, then communicates its opinion to the applicant. If the reply is not acceptable for the applicant, a proposal may be submitted for the amendment of the relevant part of the Directives, or it may be discussed or interpreted at a higher level. In this case the NCP officially sends the comment to the CIME, requesting that the CIME take it into consideration in the update of the Directives, or, where appropriate, that the CIME clarify (interpret) the situation. After the CIME investigation, the NCP notifies the applicant of the result.

The NCP may request information from the concerned parties in order to facilitate an appropriate solution. However, the NCP must observe the rules applicable to business secrets and the protection of personal data throughout the procedure. If the parties fail to reach an agreement, they are free to make public statements concerning the issue, but they can only use the information supplied by the other party during the procedure subject to the consent of the relevant party.

Having consulted with the concerned parties, the NCP publishes the result(s) of the procedure, except for information where further confidential handling is justified.

If an inquiry is received in connection with a case having occurred in a non-adhering country, the NCP may at its discretion and subject to its compliance with the applicability criteria, follow the above rules of procedure.

3. Submitting inquiries in connection with enterprises and comments on the Directives

The applicant shall submit its inquiry (comment) in writing and provide the following details and information to the National Contact Point:
- the name and address (telephone and fax numbers and e-mail address, if available) of the person or organisation (and the name and position of the contact person in the latter case) submitting the inquiry (comment);
- the detailed description of the comment or the case and the circumstances;
- the place where the case occurred (in order to establish which National Connection Point or government is competent);
- the part of the Directives involved in the described case or the comment;
- any information facilitating the judgement of the case, any evidence and, in the event of comments, justification;
- what information made available for the NCP must be handled confidentially, i.e. which parts must not be disclosed to the enterprise concerned, and which parts must not be published even after the procedure has been settled.

4. Inquiries concerning the enterprises and comments on the Directives shall be addressed to:

Hungarian National Contact Point

Ministry of Economics and Transport
H-1055 Budapest, V. Honvéd u. 13-15.
Tel: (1) 374-2877
Fax: (1) 332-6154
E-mail: tejnora@gkm.hu

Summary of the OECD Directives for Multinational Enterprises

OECD Directives for multinational enterprises