On Ambient Air Protection

LAW OF GEORGIA

ON AMBIENT AIR PROTECTION

SECTION I

General Part

Chapter I - General Provisions

Article 1 - Scope of the Law

1. This Law regulates protection of ambient air from harmful anthropogenic impacts in the territory of Georgia.

2. This Law does not regulate the legal framework for protection of air inside buildings.

Article 2 - Legislation of Georgia in the field of ambient air protection

The Legislation of Georgia in the field of ambient air protection consists of the Constitution of Georgia, treaties and international agreements of Georgia, the Law of Georgia on Environmental Protection, the Law of Georgia on Health Care, this Law and other legal and subordinate normative acts.

Article 3 – Main goals and tasks of the Law

1. The main goals of this Law are:

a) to ensure the protection of fundamental human rights established by the Constitution of Georgia in the field of environmental protection, in particular, to live in a healthy environment and enjoy the natural and cultural environment;

b) to ensure the protection of ambient air, as one of the main components of the environment, in accordance with environmental and economic interests of society and taking into account the interests of present and future generations;

c) to provide a legal framework to resolve common global and regional problems in the field of ambient air protection.

2. The main tasks of this Law are:

a) to ensure the attainment, maintenance and improvement of the ambient air condition/quality for safety of human health and natural environment;

b) to provide a legal framework to regulate emissions of harmful substances into the ambient air;

c) to support implementation of the principle of public access to information on the condition of the ambient air;

d) to support gradual entry into force, in the territory of Georgia, of legal norms established under EU legislation in the field of protection of ambient air from pollution.

Article 4 – Definition of terms

The terms used in this Law have the following meanings:

a) ambient air – air of the atmospheric shell, except for the air inside buildings;

b) harmful substance – any substance emitted into ambient air as a result of human activities, which adversely affects or may adversely affect human health and the natural environment;

c) EU legislation – regulations, directives, decisions, recommendations and opinions adopted by the EU institutions;

d) the system of integrated control of environmental pollution – a system of regulation of environmental pollution which is based on the integrated (comprehensive) monitoring of pollution of the main components of the environment: earth, water and ambient air, which are able to accumulate pollution;

e) best available techniques (‘the BAT’) – environmentally the best, most usable and economically available technique, which is most effective at preventing, minimising or transforming the harmful effects on the environment; although not necessarily widespread, its adoption, implementation and use is possible from the technical point of view; although not being economically expedient for gaining marginal environmental benefits at considerably high cost, but being economically available;

[f) FEANCN –Foreign Economic Activity National Commodity Nomenclature (FEANCN) approved by an Order of the Minister of Finance of Georgia;

g) (deleted – 25.3.2013, No 451);

h) (deleted – 25.3.2013, No 451);

i) (deleted – 25.3.2013, No 451);

j) (deleted – 25.3.2013, No 451);

k) natural and/or legal person – a natural and/or legal person under private law;

l) state body and/or state legal entity – a state body, or a legal entity under public law (public law corporation, public law institution), the creation, organisation and rules of procedure of which is determined by law;

m) (deleted).

n) ozone depleting substances – substances determined and regulated by Annex A, B, C or E of the Montreal Protocol of 1987 on Substances that Deplete the Ozone Layer (the Montreal Protocol) that exist in an independent form or in a mixture;

o) the annual import quota of ozone depleting substances –the established total annual import of each group of ozone depleting substances given in metric tons that are subject to gradual reduction and final removal from consumption according to the Montreal Protocol;

p) heat pump – an equipment or installation that receives heat from air, water or earth at a law temperature and supplies heat

[q) refrigerant - a chemical substance or a mixture of substances that circulates in a heat pump and refrigeration cycle and transfers heat from a low temperature item or environment to a higher temperature environment (Shall enter into force from 1 January 2018 )]

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 6160 of 8 May 2012 - website, 25.5.2012

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Law of Georgia No 172 of 21 December 2016 - website, 29.12.2016

Article 5 - Application of the main environmental principles established by the Law of Georgia on Environmental Protection and of the main principles for ensuring a safe environment established by the Law of Georgia on Health Care in the field of Ambient Air Protection

In the process of planning and implementing the activities with potential harmful impacts on the ambient air, natural and legal persons, state bodies and executive agencies shall comply with the main environmental principles established by the Law of Georgia on Environmental Protection and with the main principles of ensuring a safe environment established by the Law of Georgia on Health Care.

Chapter II - Rights and Obligations of Natural and Legal Persons in the field of Ambient Air Protection

Article 6 - Rights of natural and legal persons in the field of ambient air protection

1. Natural and legal persons may:

a) receive from the state agencies determined by Article 20(6) of this Law complete, objective and timely information on air quality indicators;

b) submit to state agencies proposals for improving the protection of ambient air;

c) support the implementation of state and local programs in the field of ambient air protection;

d) participate in the consideration and adoption of important decisions in the field of ambient air protection;

e) receive compensation for damages incurred by the breach of ambient air legislation;

f) require, through court proceedings, to change decisions made on the location, design, construction, reconstruction and operation of air pollutant facilities;

g) bring actions against those persons whose failure to comply with the provisions of this Law has been exposed by them [natural and legal persons].

2. The provisions provided for in paragraph 1 of this article shall apply to foreign citizens and stateless natural and legal persons who are present in Georgia, unless otherwise provided for by law.

3. The persons defined in paragraph 1(g) of this article can be either natural or legal persons, irrespective of their organisational and legal form.

Law of Georgia No 1963 of 5 February 2014 - website, 19.02.2014

Article 7 - Obligations of natural and legal persons in the field of ambient air protection

Natural and legal persons shall:

a) comply with the requirements established by this Law and the legislation of Georgia in the field of ambient air protection;

b) timely inform competent state bodies or declare publicly about any potential or actual man-made accidents and other ecological disasters.

2. The provisions of paragraph 1 of this article shall apply to foreign citizens and stateless natural and legal persons who are present in Georgia, unless otherwise provided for by law.

3. The provisions of paragraph 1 of this article shall apply to executive agencies, state bodies, local self-government bodies and to legal entities under public law, unless otherwise provided for by law.

Law of Georgia No 1963 of 5 February 2014 - website, 19.2.2014

[Article 7 ¹ - Rights and duties of an owner and a technician of the stationary equipment operating on the refrigerant and the control of the fulfilment of obligations by them

1. A person carrying out activities and who owns the stationary equipment operating on the refrigerant of 3kg or more than 3kg, and a technician servicing air conditioning and refrigeration equipment, or heat pumps shall:

a) keep a log book, where the equipment services and the volume of consumed refrigerants shall be registered. The form and procedures for filling up the log book shall be determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Form of the Log Book of Services for the Equipment Operating on Refrigerants and on Production of Reporting;

b) submit for approval, each year, before 1 March, to the Ministry of Environment and Natural Resources Protection of Georgia, information on the volume of refrigerants consumed last year.

2. Control of the fulfilment of their obligations by the owner and technician of the stationary equipment operating on the refrigerant shall be implemented by the state subordinate agency of the Ministry of Environment and Natural Resources Protection of Georgia called the Department of Environmental Supervision (Shall enter into force from 1 January 2018)]

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Law of Georgia No 172 of 21 December 2016 - website, 29.12.2016

Chapter III - Division of Powers in the field of Ambient Air Protection

Article 8 - Powers of the highest state authorities in the field of ambient air protection

1. In the field of ambient air protection, the highest state authorities shall have the power to:

a) organise environmental monitoring (a system for observing the condition of the environment);

b) develop and implement a single state policy and strategy;

c) organise a system for integrated control of environmental pollution;

d) (deleted);

e) perform other functions established by the legislation of Georgia.

2. The powers of the highest state authorities in the field of ambient air protection are determined by the constitution of Georgia, the Law of Georgia on Environmental Protection, the Law of Georgia on Health Care and the Law of Georgia on the Structure, Powers and Rules of Procedure of the Government of Georgia, this Law and other legal and subordinate normative acts.

Law of Georgia No 5605 of 14 December2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 9 - Powers of the authorities of the autonomous republics of Ajara and Abkhazia in the field of ambient air protection

The powers of the authorities of the autonomous republics of Ajara and Abkhazia in the field of ambient air protection is determined by this Law and the legislation of Georgia.

Article 10 - (Deleted).

Law of Georgia No 1963 of 5 February 2014 - website, 19.02.2014

SECTION II

MAIN PART

Chapter IV - Harmful Anthropogenic Impacts on Ambient Air

Article 11 - Types of the harmful anthropogenic impacts on ambient air

Harmful anthropogenic impacts on ambient air means any impact on ambient air as a result of human activities, which affects or may adversely affect human health and the natural environment.

2. The following are the types of the harmful anthropogenic impacts on ambient air:

a) pollution of ambient air with harmful substances;

b) radiation effects on ambient air;

c) pollution of ambient air with microorganisms and biologically active substances of microbial origin;

d) noise, vibration, electromagnetic fields and other types of physical impacts on ambient air.

Article 12 - Pollution of ambient air with harmful substances

1. Pollution of ambient air with harmful substances means the dispersion (emission) of any substance in ambient air as a result of human activities, which affects or may adversely affect human health and the natural environment.

2. The legal framework for protecting ambient air from pollution with harmful substances shall be determined by this Law and the legislation of Georgia.

Article 13 - Radiation effects on ambient air

1. In order to protect ambient air from radiation effects, threshold limit values of radiation effects shall be introduced and the periodicity of their determination shall be established by the Law of Georgia on Environmental Protection.

2. The legal framework for the protection of ambient air from radiation effects shall be determined by the Law of Georgia on the Nuclear and Radiation Safety.

Article 14 - Pollution of ambient air with microorganisms and biologically active substances of microbial origin

1. In order to protect ambient air from pollution by microorganisms and biologically active substances of microbial origin, threshold limit values of emission of harmful substances into the environment and of environmental pollution with microorganisms shall be established and the periodicity of their determination shall be established by the Law of Georgia on Environmental Protection.

2. The legal framework for the protection of ambient air from pollution with microorganisms shall be determined by the Regulation on the Protection of Ambient Air from Pollution with Microorganisms and Biologically Active Substances of Microbial Origin, which is approved by the Government of Georgia on recommendation of the Ministry of Labour Health and Social Affairs of Georgia.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 1025 of 6 September 2013 - website, 23.9.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 15 - Noise, vibration, electromagnetic fields and other types of physical impacts on ambient air

In order to protect ambient air from noise, vibration, electromagnetic fields and other types of physical impacts, threshold limit values of noise, vibration, electromagnetic fields and other types of physical impacts shall be introduced and the periodicity of their determination shall be established by the Law of Georgia on Environmental Protection.

2. The legal framework for the protection of ambient air from noise, vibration, electromagnetic fields and other types of physical impacts shall be determined by the Law of Georgia on the Protection of Ambient Air from Harmful Impacts of Noise and Vibration and the Law of Georgia on the Protection of Ambient Air from Harmful Impacts of Electromagnetic Fields and other Types of Physical Impacts.

3. Before the entry into force of the normative acts defined in paragraph 2 of this article, the regulation of ambient air protection from noise, vibration, electromagnetic fields and other types of physical impacts shall be implemented on the basis of the main environmental principles established by the Law of Georgia on Environmental Protection and the main principles of ensuring safe environment established by the Law of Georgia on Health Care, as well as on the basis of state standards, sanitary and hygiene norms and rules and the standards established in the same field by the legislation in force.

Chapter V - System of Protection of Ambient Air from Pollution with Harmful Substances

Article 16 - System of Protection of Ambient Air from Pollution with Harmful Substances

1. In order to attain, maintain and improve ambient air safety for human health and the natural environment, the State shall ensure implementation of administrative, economic, technological, political, legal, and social measures, which, in their entirety, constitute the system of protection of ambient air from pollution by harmful substances.

2. The conditions necessary for the functioning of the system of protection of ambient air from pollution by harmful substances are:

a) the establishment of threshold limit values of concentration of harmful substances in ambient air;

b) the organisation of ambient air monitoring (a system for the observation of the ambient air condition);

c) regulation of the pollution of ambient air with harmful substances.

Article 17 - (Deleted)

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Chapter VI - Threshold Limit Values of Concentration of Harmful Substances in Ambient Air

Article 18 - Threshold limit values of concentration of harmful substances in ambient air

1. The threshold limit values of concentration of harmful substances in ambient air are a part of the quality standards of environmental condition established by the Law of Georgia on Environmental Protection in order to maintain the ecological balance of the environment.

2. The threshold limit values of concentration of harmful substances in ambient air shall be approved by the Government of Georgia in the form of a Technical Regulation on Ambient Air Quality Standards.

3. The threshold limit values of concentration of harmful substances in ambient air shall be established for each harmful substance. They determine a time-averaged ceiling of concentration of harmful substances in ambient air, the periodic exposure to which does not have a negative impact on human health and natural environment.

4. (Deleted).

5. (Deleted).

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 19 - Establishment of threshold limit values of concentration of harmful substances in ambient air as prescribed by the EU legislation

1. For the purposes of this Law, taking into account the legal requirements established by EU legislation, the values, types and listings of the limit values of concentration of harmful substances in ambient air shall be established according to 2008/50/EC Directive on the Ambient Air Quality and Cleaner Air for Europe of 21 May 2008 of the Council of the European Union and 2004/107/EC Directive on Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air of 15 December 2004.

2. The values, types and listings of the limit values of concentrations of harmful substances in ambient air, established according to the legal requirements defined in EU legislation, shall be determined under a Joint Order of the Ministry of Labour, Health and Social Affairs of Georgia and the Ministry of Environment and Natural Resources Protection of Georgia on the Approval of the Values, Types and Listings of the Limit Values of Concentrations of Harmful Substances in Ambient Air in accordance with the 2008/50/EC and 2004/107/EC Directives of the Council of the European Union.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 19 - Establishment of threshold limit values of concentration of harmful substances in ambient air as prescribed by the EU legislation

1. For the purposes of this Law, taking into account the legal requirements established by EU legislation, ambient air quality standards shall be established according to 2008/50/EC Directive on the Ambient Air Quality and Cleaner Air for Europe of 21 May 2008 of the Council of the European Union and 2004/107/EC Directive on Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air of 15 December 2004, within the commitments undertaken under the Association Agreement signed between Georgia, on the one hand, and the European Union and the European Atomic Energy Community and their Member States, on the other hand.

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Chapter VII - Organisation of Ambient Air Monitoring System

Article 20 - Ambient Air Monitoring System

1. Ambient air monitoring is a combination of collection, analysis and prediction of information obtained through the observation of the ambient air condition. Ambient air monitoring is part of the system of observation (monitoring) of environmental conditions. The common coordination of this system’s organisation is carried out by the Ministry of Environment and Natural Resources Protection of Georgia. The baseline monitoring of ambient air within the scope of the requirements of the World Meteorological Organization's programs is implemented by the Ministry of Environment and Natural Resources Protection of Georgia through the legal entity of public law - the National Environmental Agency (the Agency).

2. (Deleted - 25.3.2013, No 451).

3. The territory of Georgia is divided into extremely polluted, highly polluted, polluted and non-polluted categories of regions according to the levels of ambient air pollution with harmful substances. Levels of ambient air pollution with harmful substances are determined on the basis of the index of ambient air pollution with harmful substances.

4. The procedure for the calculation of the index of ambient air pollution by harmful substances and the values of the index of ambient air pollution by harmful substances, for extremely polluted, highly polluted, polluted and non-polluted categories of regions according to the levels of ambient air pollution with harmful substances, shall be defined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on Procedures for the Calculation of the Index of Ambient Air Pollution by Harmful Substances and the Values of the Index of Ambient Air Pollution by Harmful Substances, for Extremely Polluted, Highly Polluted, Polluted and Non-Polluted Categories of Regions According to the Levels of Ambient Air Pollution with Harmful Substances.

5. The values of indexes of ambient air pollution by harmful substances are calculated annually for administrative districts and settlements on the basis of ambient air pollution monitoring data, and according to these calculations the categories of extremely polluted, highly polluted, polluted and non-polluted regions are assigned to administrative districts and settlements. The list of settlements within the administrative boundaries of which annual calculation of the values of indexes of ambient air pollution by harmful substances is mandatory shall be determined by the order of the Minister of Environment and Natural Resources Protection of Georgia on the Approval of the List of Settlements in Georgia, where the Values of Indexes of Ambient Air Pollution by Harmful Substances are Calculated Annually.

6. The Agency, before 1 March of each year, shall publish in the official gazette a list of self-governing districts and settlements falling within the category of extremely polluted, highly polluted, polluted and non-polluted regions according to their levels of ambient air pollution by harmful substances, and the values of indexes of ambient air pollution by harmful substances calculated for those self-governing districts and settlements.

7. (Deleted).

Law of Georgia No 465^a of 30 June 2000 - LHG I, No 27, 17.7.2000, Art. 86

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 21 - Establishment of certain standards for ambient air monitoring as prescribed by EU legislation

1. Taking into account requirements established by EU legislation, the minimum standard number, placement and rules of operation of ambient air pollution level observation points/stations, and a list of standard methods for measuring pollution levels shall be established according to 2008/50/EC Directive on the Ambient Air Quality and Cleaner Air for Europe of 21 May 2008 of the Council of the European Union and 2004/107/EC Directive on Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air of 15 December 2004.

2. The minimum standard number, placement and rules of operation of the ambient air pollution level observation points/stations in Georgia, and a list of standard methods for measuring pollution levels established in accordance with the requirements of EU legislation shall be determined according to the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Minimum Standard Number, Placement and Rules of Operation for the Ambient Air Pollution Level Observation Points/Stations in Georgia, and a List of Standard Methods for Measuring Pollution Levels in Accordance with Directives 2008/50/EC and 2004/107/EC of the European Parliament and of the Council.

Law of Georgia No 465^a of 30 June 2000 - LHG I, No 27, 17.7.2000, Art. 86

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 05.04.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Chapter VIII - Regulation of Ambient Air Pollution with Harmful Substances

Article 22 - Regulation of ambient air pollution with harmful substances

The regulation of ambient air pollution with harmful substances includes classification of and accounting for pollution types and pollution sources, restriction of emissions of harmful substances from stationary sources of pollution into the ambient air and other requirements prescribed by this Law, which are intended to attain, maintain and improve an ambient air condition that is safe for human health and the natural environment.

Article 23 - Types of ambient air pollution with harmful substances

For the purposes of this Law the types of ambient air pollution with harmful substances are:

a) emissions of harmful substances into ambient air from stationary sources of pollution;

b) emissions of harmful substances into ambient air from mobile sources of pollution;

c) emissions of harmful substances into ambient air from dispersed sources of pollution;

d) (deleted - 25.3.2013, No 451).

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 24 - Emissions of harmful substances into ambient air from stationary sources of pollution

1. For the purposes of this Law, emission of harmful substances from stationary sources of pollution into ambient air is the release of harmful substances into the ambient air from point sources of pollution or from a group of stationary sources connected with each other by one technological cycle.

2. For the purposes of this Law, a stationary source of ambient air pollution is a permanently fixed equipment or facility that is equipped with a special spraying device or has no special spraying device due to the specific nature of the technological process.

3. Emissions of harmful substances from stationary sources of pollution into ambient air shall be regulated as prescribed by this Law.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 25 - Emissions of harmful substances into ambient air from mobile sources of pollution

1. For the purposes of this Law, emissions of harmful substances into ambient air from mobile sources of pollution are emissions of harmful substances from motor vehicles and other mobile and mechanical means (other than mechanical and mobile facilities of a military type).

2. (Deleted - 25.3.2013, No 451).

3. (Deleted - 25.3.2013, No 451).

4. (Deleted - 25.3.2013, No 451).

5. (Deleted - 25.3.2013, No 451).

6. (Deleted - 25.3.2013, No 451).

7. Taking into account the legal requirements established by EU legislation, the limit values of emissions (exhaust gases) from different types of vehicles and other mobile and mechanical means polluting ambient air by harmful substances shall be determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on Applying the Limit Values of Emissions (Exhaust Gases) from Different Types of Vehicles and Other Mobile and Mechanical Means Polluting Ambient Air by Harmful Substances on the Territory of Georgia, according to the Regulation of the European Parliament and of the Council No 715/2007 of 20 June 2007 on approval of recognition of those motorised vehicles related to emissions from automobiles and commercial vehicles (Euro 5 and Euro 6) and on the availability of information related to repairing and maintenance of such vehicles, and according to the Regulation No 595/2009 of the European Parliament and of the Council of 18 June 2009 on approval of the recognition of those motorised vehicles and motors related to emissions from trucks (Euro VI) and on the availability of information related to repairing and maintenance of such vehicles and on making amendments to the Regulation No 715/2007 (EC) and the Directive 2007/46/EC and on declaring the Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC invalid, and according to the Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers.

8. (Deleted - 5.2.2014, No 1963).

9. (Deleted - 5.2.2014, No 1963).

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 1963 of 5 February 2014 - website, 19.2.2014

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 26 - Emissions of harmful substances into ambient air from dispersed sources of pollution

1. For the purposes of this Law, emissions of harmful substances into ambient air from dispersed sources of pollution are emissions of harmful substances without special spraying devices (except for emissions from stationary sources of ambient air pollution determined by Article 24 of this Law and/or a combination of emissions from a group of stationary sources connected with one technological cycle and the emissions from dispersed sources). Types of emissions of harmful substances into ambient air from dispersed sources of pollution are:

a) emission of harmful substances in the ambient air during mining works, blasting operations, placement and exploitation of the fragments;

b) emission of harmful substances in the ambient air during landfill operations;

c) emission of harmful substances in the ambient air during storage, transportation and use of particulate, volatile and gaseous substances and materials;

d) emission of harmful substances in the ambient air during storage, transportation and use of chemicals, mineral fertilisers and other agricultural products.

2. (Deleted - 25.3.2013, No 451).

3. (Deleted - 25.3.2013, No 451).

4. (Deleted - 25.3.2013, No 451).

5. (Deleted - 25.3.2013, No 451).

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 6160 of 8 May 2012 - website, 25.5.2012

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 27 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Chapter IX - Procedure for Limitation of Emission of Harmful Substances in Ambient Air from Stationary Sources of Pollution

Article 28 - Limitation of emission of harmful substances in ambient air from stationary sources of pollution

The limit values of emission of harmful substances in ambient air from stationary sources of pollution shall be established to limit the emission of harmful substances in ambient air from stationary sources of pollution.

Law of Georgia No 5605 of 14 December 2007- LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 29 - Limit values of emission of harmful substances in ambient air from stationary sources of pollution

1. For the purposes of this Law, the limit values of emission of harmful substances are the limit values of emission of harmful substances in the environment determined under the Law of Georgia on Environmental Protection. The limit value of emissions of harmful substances in ambient air is the established amount of emission of harmful substances in ambient air from a stationary source of pollution, which is calculated on the condition that the concentration of harmful substances emitted from this source together with other sources of pollution does not exceed the limit values of concentrations of harmful substances in the surface layer of ambient air established for the territory effected by this source. The limit values of emissions of harmful substances in ambient air are established for all stationary sources (facilities) of pollution the activities of which are subject to environmental expertise. The limit values of emissions of harmful substances are also set within the territory of production taking into account all other types of activities that are carried out together with the activity subject to environmental expertise. The limit values of emissions of harmful substances are set for 5 years for each source of pollution of ambient air and for each harmful substance. Calculation of the limit values of emission of harmful substances should be based on the best available techniques.

2. (Deleted - 25.3.2013, No 451).

3. When calculating the limit values of emissions of harmful substances in ambient air, the results of the obtained data are documented as a plan of limit values of emission of harmful substances in ambient air.

4. The method of calculation of limit values of emission of harmful substances in ambient air from stationary sources of pollution shall be determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Calculation of Limit Values of Emission of Harmful Substances in Ambient Air.

5. Environmental Technical Regulation shall be approved for activities that are not subject to environmental expertise and that result in emission of harmful substances in ambient air

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 29¹ - Inventory of stationary sources of ambient air pollution and harmful substances emitted by them

1. (Deleted - 25.3.2013, No 451).

2. The inventory of stationary sources of ambient air pollution and of harmful substances emitted by them is the systematisation of data on the composition and number of stationary sources of ambient air pollution on the territory of a stationary facility of air pollution and the amount of harmful substances emitted by them.

3. The inventory of stationary facilities of pollution of ambient air shall be obligatory for all activities except for activities subject to environmental expertise and activities defined by the Technical Regulation under the fifth paragraph of this article.. All sources of pollution and all harmful substances are subject to inventory in a stationary facility of pollution. An inventory is conducted once in 5 years at the stationary facility of pollution and the obtained results are recorded in a technical report of the inventory on stationary sources of ambient air pollution and harmful substances emitted by them.

4. (Deleted - 25.3.2013, No 451).

5. The procedure for carrying out an inventory of stationary sources of pollution and of harmful substances emitted by them is determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on Conducting Inventory of Stationary Sources of Pollution.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.03.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 29² - Accounting for stationary facilities of ambient air pollution

In order to implement the provisions defined in this Chapter, the state subordinate agency of the Ministry of Environment and Natural Resources Protection of Georgia – the Department of Environmental Supervision, and appropriate services of the autonomous republics of Ajara and Abkhazia, shall, within the scope of their authority, account for the stationary facilities of ambient air pollution existing in their regions annually and submit that information to the Ministry of Environment and Natural Resources Protection of Georgia.

Law of Georgia No 5605 of 14 December 2007-LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 30 - Development, approval, transfer and cancellation of a plan of limit values of emissions of harmful substances into ambient air and of a technical report on the inventory of stationary sources of pollution and harmful substances emitted by them

1. A plan of limit values of emissions of harmful substances into ambient air (‘the Plan’) and of a technical report on the inventory of stationary sources of pollution and of harmful substances emitted by them (‘the Technical Report’) shall be prepared by an operator whose activity results in the emission of harmful substances into ambient air from a stationary source of air pollution or by any natural or legal person, if so instructed by the operator, in accordance with the legislation of Georgia.

2. A Plan and a Technical Report shall be agreed with the Ministry of Environment and Natural Resources Protection of Georgia.

A Plan and a Technical Report relating to the stationary sources of ambient air pollution located in the autonomous republics of Ajara and Abkhazia shall be agreed with the appropriate services of the autonomous republics of Ajara and Abkhazia; these services shall submit the agreed Plan for final approval to the Ministry of Environment and Natural Resources Protection of Georgia.

The agencies referred to in this paragraph may approve the Plan and the Technical Report in one month or send them back to the operator with comments.

The emission of harmful substances into ambient air from stationary sources of pollution is prohibited without these approved documents.

3. A Plan and a Technical Report may be cancelled on application of the operator or on the basis of reasonable arguments provided by the agency entitled to approve these documents.

4. An approved Plan or Technical Report may be conveyed or transferred to an authorised person in case of the alienation or transfer of the stationary facility of pollution, of which the operator shall inform in writing the agency authorised to approve this document.

5. An approved Project and Technical Report on the inventory of stationary facilities polluting ambient air and of harmful substances emitted by such facilities shall be considered cancelled in the following cases: change of the location, capacity and/or profile of the stationary facility of ambient air pollution; an increase in the amount of consumed fuel; a change of the currently used fuel type and/or additional use of a new type of fuel; the introduction of new sources of discharge and emission of harmful substances into the technological process during reconstruction work, including gas and dust trapping devices; or a change in the parameters of the existing devices. The cancelled Project or Technical Report shall be prepared again and agreed upon considering the new provisions.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 31 - (Deleted)

Law of Georgia No 5605 of 14 December 2007-LHG I, No 47, 26.12.2007, Art. 407

Article 32 - (Deleted)

Has the right to appeal the decision of the agency that has set the limit value.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 33 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 34 - (Deleted)

Law of Georgia No 5605 of 14 December 2007- LHG I, No 47, 26.12.2007, Art. 407

Article 35 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 36 - Emission of harmful substances into ambient air under an environmental impact permit

An application submitted by an operator for an environmental impact permit shall be accompanied by a plan of limit values of emissions of harmful substances into the ambient air.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No451 of 25 March 2013 - website, 5.4.2013

Article 37 - Accounting for emissions of harmful substances from stationary sources of pollution

1. (Deleted).

2. Accounting for emissions of harmful substances from stationary sources of pollution includes:

a) self-monitoring of emissions, and

b) the state system for accounting for emissions.

3. The state system for accounting for emissions is the system of gathering, processing and analysing of reporting documentation on emissions.

4. The Ministry of Environment and Natural Resources Protection of Georgia conducts the state accounting for emissions.

Law of Georgia No 5605 of 14 December 2007-LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 38 – Self-monitoring of emissions of harmful substances from stationary sources of pollution

1. An operator shall ensure accurate self-monitoring of emissions of harmful substances from stationary sources of pollution.

1¹. Self-monitoring and the production of reporting on the emissions of harmful substances from stationary sources of pollution is mandatory for all activities, except for the activities provided for by the Technical Regulations under the third paragraph of this article.

2. Self-monitoring of emissions of harmful substances from stationary sources of pollution comprises:

a) measurement (assessment) of emissions

b) accounting for emissions

c) reporting on emissions.

3. The procedure and the forms of documents for conducting self-monitoring and reporting on emissions of harmful substances from stationary sources of pollution are determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on Self-Monitoring and Reporting Procedure for Emissions of Harmful Substances from Stationary Sources of Pollution.

4. (Deleted).

5. (Deleted).

6. An operator shall submit for approval the actual indicators of annual emissions of harmful substances into the ambient air from stationary sources of pollution to the state subordinate agency of the Ministry of Environment and Natural Resources Protection of Georgia – the Department of Environmental Supervision, and in the case of stationary sources of ambient air pollution located in the autonomous republics of Ajara and Abkhazia, to the appropriate services of the autonomous republics of Ajara and Abkhazia, respectively.

6. An operator shall submit for approval the actual indicators of annual emissions of harmful substances into the ambient air from stationary sources of pollution to the Ministry of Environment and Natural Resources Protection of Georgia, and in the case of stationary sources of ambient air pollution located in the autonomous republics of Ajara and Abkhazia, to the appropriate services of the autonomous republics of Ajara and Abkhazia, respectively

7. The Department of Environmental Supervision and the appropriate services of the autonomous republics of Ajara and Abkhazia shall submit, through established procedures, to the Ministry of Environment and Natural Resources Protection of Georgia the agreed actual indicators of annual emissions of harmful substances into the ambient air from stationary sources of pollution referred to in paragraph 6 of this article.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Chapter IX¹ Permit for Import, Export, Re-Export and Transit of Ozone Depleting Substances

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Article 38¹. Permit for import, export, re-export and transit of ozone depleting substances, the procedure and terms of its issuance

1. Permit for import, export, re-export and transit of ozone depleting substances shall be issued through the simple administrative procedures, according to the Law of Georgia on Licences and Permits, this Law and the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Issuance of Permits for Import, Export, Re-Export or Transit of Ozone Depleting Substances and on the Annual Import Quota Allocation.

2. The administrative body issuing permits is the Ministry of Environment and Natural Resources Protection of Georgia.

3 The application for obtaining permits, in addition to the documentation provided for by the Law of Georgia on Licences and Permits, shall be accompanied by the following information:

a) name, quantity (weight), composition and physical description of goods;

b) commodity code of ozone depleting substances according to the Foreign Economic Activity National Commodity Nomenclature (FEACN);

c) condition of ozone depleting substances, in particular, whether the mentioned substance is new, recovered / collected, recycled or restored;

d) purpose of import, export, re-export and transit of ozone depleting substances;

e) in the case of import, export, re-export and transit of ozone depleting substance information shall also include the certificate of origin of the mentioned substance and the import permit for ozone depleting substance issued by a competent authority of receiving country;

f) in the case of import of ozone depleting substance methyl bromide for the purposes of its use during the quarantine and for its pre-shipment use it shall - also include detailed information on the purpose and time of use of the substance and on its location.

4. Permits shall be issued for import, export, re-export and transit of quoted substances defined by a respective annex of the list of ozone depleting substances approved by the Technical Regulations on the Issuance of Permits for Import, Export, Re-Export or Transit of Ozone Depleting Substances and the Annual Import Quota Allocation, and also for the purposes of their use during quarantine and their pre-shipment use - the permit shall be issued for the import of substances defined by a respective annex.

5. The annual import quota of ozone depleting substances shall be approved before 20 December of each year by the Order of the Minister of Environment and Natural Resources Protection of Georgia on the Approval of the Annual Import Quota of Ozone Depleting Substances. The administrative body issuing a permit for the import of quoted ozone depleting substances shall receive the application, not later than 42 days after the approval of the annual import quota of ozone depleting substances.

6. An application for obtaining permits for import, export, re-export and transit of ozone depleting substances shall be submitted, reviewed and accepted according to the Law of Georgia on Licences and Permits, this Law and the Technical Regulations on the Issuance of Permits for Import, Export, Re-Export or Transit of Ozone Depleting Substances and the Annual Import Quota Allocation.

7. Grounds for refusal to issue permits for import, export, re-export or transit of ozone depleting substances, the procedures for appealing the refusal to issue thereof, and the procedures for controlling the compliance with the permit provisions shall be defined by the law of Georgia on Licences and Permits.

8. Compliance with the permit provisions shall be controlled by the state subordinate agency of the Ministry of Environment and Natural Resources Protection of Georgia called the Department of Environmental Supervision.

9. Rights and duties of the permit holder shall be defined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Issuance of Permits for Import, Export, Re-Export or Transit of Ozone Depleting Substances and the Annual Import Quota Allocation.

10. The form of the permit certificate for import, export, re-export or transit of ozone depleting substances shall be defined by the normative act of the Minister of Environment and Natural Resources Protection of Georgia.

11. The permit for the import of ozone depleting substances shall be issued for the period ending before 31 December of the same calendar year, and permits for export, re-export and transit of ozone depleting substances shall be issued for the period of one year after the date of issue of the permit

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Chapter X - State Monitoring of Ambient Air Protection

Article 39 - State monitoring system of ambient air protection

1. The monitoring measures carried out by the state for protecting ambient air from pollution with harmful substances, radiation effects, pollution with microorganisms and biologically active substances of microbial origin and noise, vibration, electromagnetic fields and other types of physical impacts, make up the state control system of ambient air protection.

2. The legal framework of the state control system of ambient air protection shall be determined by the legislation of Georgia.

Article 40 - State monitoring of pollution of ambient air by harmful substances

1. The legal framework of the state monitoring system of ambient air pollution by harmful substances shall be determined by this Law and the legislation of Georgia.

2. The state monitoring of ambient air pollution by harmful substances shall be carried out by the state subordinate agency of the Ministry of Environment and Natural Resources Protection of Georgia – the Department of Environmental Supervision, and, within the scope of their authority, by other authorised bodies provided for by the legislation of Georgia.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 41 - State monitoring and supervision of pollution of ambient air by harmful substances from stationary sources of pollution

1. The purpose of state monitoring and supervision of pollution of ambient air by harmful substances from stationary sources of pollution is to ensure compliance with ambient air protection standards established by the legislation of Georgia and by this Law.

2. State monitoring and supervision of pollution of ambient air by harmful substances from stationary sources of pollution shall be implemented by the Department of Environmental Supervision.

3. General rules for the implementation of state monitoring and supervision of pollution of ambient air by harmful substances from stationary sources of pollution shall be determined by the legislation of Georgia.

4. (Deleted).

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 42 - The applied monitoring methods of ambient air pollution by harmful substances from stationary sources of pollution

1. The amount of actual emissions into ambient air from stationary sources of pollution is established through the applied monitoring methods of pollution. The applied monitoring methods of ambient air pollution with harmful substances are:

a) an instrumental method for determining the actual amount of emissions into ambient air from stationary sources of pollution;

b) a calculation method for determining the actual amount of emissions into ambient air from stationary sources of pollution.

2. The basis of the instrumental method for determining the actual amount of emissions into ambient air from stationary sources of pollution is the use of a special measuring and monitoring equipment to determine the actual amount of emissions into ambient air from stationary sources of pollution.

3. The basis of the calculation method to determine the actual amount of emissions into ambient air from stationary sources of pollution is the establishment through calculation methodology of the actual amount of emissions into ambient air from stationary sources of pollution according to technological processes.

4. The instrumental method for determination of the actual amount of emissions into ambient air from stationary sources of ambient air pollution, the standard list of special measuring and monitoring equipment for establishing the actual amount of emissions into ambient air from stationary sources of pollution and the calculation methodology of the actual amount of emissions into ambient air from stationary sources of pollution according to technological processes, is determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Instrumental Method for Determination of the Actual Amount of Emissions into Ambient Air from Stationary Sources of Ambient Air Pollution, the Standard List of the Special Measuring and Control Equipment for Establishment of the Actual Amount of Emissions into Ambient Air from Stationary Sources of Pollution and the Calculation Methodology of the Actual Amount of Emissions into Ambient Air from Stationary Sources of Pollution According to Technological Processes.

5. (Deleted).

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Chapter XI – Planning of the Ambient Air Protection Measures

Article 43 - Basis for planning the ambient air protection measures

Ambient air protection measures shall be planned according to the requirements of environmental protection planning determined by the Law of Georgia on Environmental Protection.

Article 44 – Procedure for planning the ambient air protection measures

1. Ambient air protection measures shall be planned within the scope of the environmental protection planning and the system of indicative planning of socio-economic development.

2. The procedure for planning measures to be implemented In the field of ambient air protection from pollution by harmful substances, radiation effects, pollution with microorganisms and biologically active substances of microbial origin and noise, vibration, electromagnetic fields and other types of physical impacts shall be determined according to normative acts to be adopted as provided for by paragraph 1 (b) of the Resolution of 10 December 1996 of the Parliament of Georgia on the Law of Georgia on Environmental Protection.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 45 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 1963 of 5 February 2014 - website, 19.2.2014

Chapter XII - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 46 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 47 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Chapter XIII - Additional Requirements for Ambient Air Protection

Article 48 - Special requirements for ambient air protection

1. Special requirements for ambient air protection may be established in resorts, sanitary protection zones of resorts and in protected areas that are determined by the Regulation on special requirements for ambient air protection in resorts, sanitary protection zones of resorts and protected areas, which shall be approved by the Minister of Environment and Natural Resources Protection of Georgia in agreement with the Ministry of Labour, Health and Social Affairs of Georgia.

2. On the basis of recommendations prepared by the Ministry of Environment and Natural Resources of Georgia on ambient air quality improvement measures, the highest state executive bodies of the autonomous republics of Ajara and Abkhazia may take an appropriate decision on the introduction and establishment of special requirements for ambient air protection in the entire territory under their governance or in a certain part of the territory according to the ambient air monitoring results.

Such decisions shall be made under a normative act of the respective highest state executive bodies the autonomous republics of Ajara and Abkhazia. The normative act shall contain a list of ambient air pollution sources from which emissions are restricted or prohibited.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 1963 of 5 February 2014 - website, 19.2.2014

Article 49 - Ambient air protection requirements with respect to fuel quality

1. The Government of Georgia shall approve, by a resolution, the quality standards for fuel, and other regulation requirements, taking into account the requirements determined by EU legislation, in order to reduce ambient air pollution with harmful substances.

2. Importation into Georgia and production or consumption in the territory of Georgia of fuel the quality of which does not meet the standards established by the normative acts specified in paragraph 1 of this article is prohibited.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 6160 of 8 May 2012 -website, 25.5.2012

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 5565 of 24 June 2016 - website, 21.7.2016

Article 50 - Ambient air protection requirements during the implementation of activities

1. Operational rules for gas and dust trapping devices of stationary sources of pollution are determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Operational Rules for Gas and Dust Trapping Devices.

2. In the event of emergency emissions of harmful substances into ambient air as a result of an accident, the operator shall act in compliance with the rules for ambient air protection during accidents that are determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Protection of Environment from Dangerous Production Accidents.

3. During unfavourable weather conditions, an operator shall act pursuant to the rules for ambient air protection during unfavourable weather conditions that are determined by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on Ambient Air Protection during Unfavourable Weather Conditions.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Chapter XIV - Ensuring Access to Information on the Ambient Air Monitoring Results and on Ambient Air Pollution with Harmful Substances

Article 51 - Access to the information on ambient air monitoring results and on ambient air pollution with harmful substances

1. The information on the ambient air monitoring results and on ambient air pollution with harmful substances is open and accessible to the public.

2. Access to the information on the ambient air monitoring results and on ambient air pollution with harmful substances is ensured by the requirement established by the Law of Georgia on Environmental Protection that requires the Minister of Environment and Natural Resources Protection of Georgia to approve the national report on environmental condition in accordance with the procedure defined by law.

Law of Georgia No 5290 of 24 November 2011 - website, 5.12.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Chapter XV - Global and Regional Management of Ambient Air

Article 52 - Legal solutions to global and regional challenges in the field of ambient air protection

The state authorities, natural and legal persons, within the scope of their authority and the international obligations of Georgia undertake additional measures for solving global and regional environmental problems throughout the territory of Georgia.

Article 53 - Protection of climate from global changes

1. In order to protect climate from global changes, compliance with greenhouse gas emission standards and implementation of measures for their reduction is mandatory.

2. Ministry of Environment and Natural Resources Protection of Georgia shall coordinate the development and implementation of a climate change national program and of the action plan to fulfil commitments of Georgia under the UN Framework Convention on Climate Change.

3. The observation, analysis, forecasting and scientific researches of climate change is carried out by the Agency.

4. (Deleted).

Law of Georgia No 465^a of 30 June 2000 - LHG I, No 27, 17.7.2000, Art. 86

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 54 - Protection of the ozone layer

1. Gradual reduction or termination of production and use of chemical substances that affect the ozone layer and cause its depletion is mandatory throughout the whole territory of Georgia, in order to protect the ozone layer and fulfil the commitments of Georgia under the Montreal Protocol.

2. Import, export, re-export and transit of products containing ozone depleting chemicals shall be carried out on the basis of a permit provided for by Article 24(7²) of the Law of Georgia on Licences and Permits. Such chemicals and products containing such chemicals are identified and statistics on them are maintained through the FEANCN.

3. Production of all ozone depleting substances determined by the Montreal Protocol and use of the substances and their mixtures prohibited by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on Issuing Permits for Import, Export, Re-Export and Transit of Products Containing Ozone Depleting Chemicals and on Distribution of Annual Import Quota, is prohibited throughout the whole territory of Georgia.

4. The Ministry of Environment and Natural Resources Protection of Georgia shall coordinate the development and implementation of the national programme and the action plan for gradual removal of ozone depleting substances from consumption in order for Georgia to fulfil the commitments under the Montreal Protocol.

5. Import, export, re-export or transit of ozone depleting substances within the jurisdiction of Georgia shall be regulated by this Law and other legislative and subordinate normative acts, including by the Ordinance of the Government of Georgia on the Approval of Technical Regulations on the Issuance of Permits for Import, Export, Re-Export or Transit of Ozone Depleting Substances and on the Annual Import Quota Allocation.

6. The Ministry of Environment and Natural Resources Protection of Georgia shall ensure the collection and procession of data regarding import, export or consumption of ozone depleting substances to fulfil the commitments under the Montreal Protocol.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 3806 of 12 November 2010 - LHG I, No 66, 3.12.2010, Art 414

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 1025 of 6 September 2013 - website, 23.9.2013

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

[Article 54 ¹ - Regulation of emissions of refrigerants in ambient air

1. In order to reduce emissions of refrigerants in ambient air on the territory of Georgia it is mandatory to comply with the requirements of the Georgian standard on Safety and Environmental Protection Requirements when Serving the Refrigeration Systems and Heat Pumps.

2. In order to ensure the compliance with safety and environmental protection requirements only technicians certified in the manner prescribed by the legislation of Georgia may serve the equipment operating on refrigerants.

3. The certification shall be mandatory for all technicians who serve the air conditioning and refrigeration equipment or heat pumps.

4. Certificates are issued for the period of 3 years.

5. The system of certification of technicians shall be introduced and their certification shall be ensured by the Ministry of Environment and Natural Resources Protection of Georgia (Shall enter into force from 1 January 2018) ]

Law of Georgia No 4951 of 13 April 2016 - website, 26.4.2016

Law of Georgia No 172 of 21 December 2016 - website, 29.12.2016

Article 55 - Ambient air protection from transboundary pollution

1. Taking into consideration the commitments under the Convention on Long-range Transboundary Air Pollution, Georgia, within the framework of regional cooperation, is implementing measures to protect ambient air from pollution and prevent transboundary pollution on the European continent.

2. The Ministry of Environment and Natural Resources Protection of Georgia shall coordinate the development and implementation of the measures necessary to fulfil the commitments of Georgia under the Convention on Long-range Transboundary Air Pollution.

3. The mechanism of measures to fulfil the commitments of Georgia under the Convention on Long-range Transboundary Air Pollution shall be determined by the Ordinance of the Government of Georgia on measures for the fulfilment of the commitments of Georgia under the Convention on Long-range Transboundary Air Pollution.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 4386 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Law of Georgia No 1025 of 6 September 2013 - website, 23.9.2013

Chapter XVI - Treaties and International Agreements of Georgia in the Field of Ambient Air Pollution

Article 56 - Treaties and international agreements of Georgia in the field of ambient air pollution

Treaties and international agreements of Georgia in the field of ambient air pollution shall take precedence over the legislative and subordinate normative acts of Georgia if they do not contradict with the Constitution of Georgia.

Article 57 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Chapter VXII - Liability for the Infringement of the Law

Article 58 - Liability for the Infringement of the Law

1. Liability for the infringement of this Law is determined by the legislation of Georgia.

2. The imposition of liability does not release the infringer from the obligation to compensate, in the prescribed amount and manner, damages caused by infringement of the law.

Article 59 - Procedure for calculating damages

The procedure for calculating the environmental damage caused by an infringement of this Law is set forth in the subordinate normative act specified in Article 22(2)(a) of the Law of Georgia on State Control of Environmental Protection

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

SECTION III

(Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Chapter XVIII - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 60 - (Deleted)

Law of Georgia No 465^a of 30 June 2000 - LHG I, No 27, 17.7.2000, Art. 86

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 61 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 62 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Chapter XIX - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 63 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 64 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 65 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 66 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Article 67 - (Deleted)

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

SECTION IV

Final Part

Chapter XX - Final Provisions

Article 68 - Entry into force

1. This Law shall enter into force from 1 January 2000.

2. Normative acts issued before 1 January 2008 on the basis of Article 18(2), Article 20(4) and (5), Article 26(2) and (3), Article 42(4), Article 48(1) and Article 50(1-3) of the Law of Georgia on Ambient Air Protection, shall remain in force after 1 January 2008.

3. Normative acts issued before 1 January 2008 on the basis of Article 27(1), Article 29(8), Article 32(1), Article 38 (3), Article 54 (5) of the Law of Georgia on Ambient Air Protection remain in force until the issuance of normative acts provided for by Article 27(1), Article 29(4), Article 29¹(5), Article 38(3) and Article 54(5) of this Law.

4. Normative acts provided for by Article 27(1), Article 29(4), Article 29¹(5), and Article 54(5) of this Law shall be issued before 1 July 2008.

5. Article 49 of this Law shall enter into force from 1 January 2003.

6. (Deleted - 25.3.2013, No 451).

7. Normative acts provided for by Article 19(2), Article 21(2), and Article 25(7) of this Law shall be issued before 1 July 2020.

8. (Deleted - 25.3.2013, No 451).

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

Law of Georgia No 451 of 25 March 2013 - website, 5.4.2013

Article 69 - Repealed normative acts

1. The following normative acts shall be repealed upon entry into force of this Law.

a) The Law of the Georgian SSR on Ambient Air Protection (No 7, Art. 131, Gazette of the Supreme Soviet of the Georgian SSR, 1981);

b) Subordinate normative acts adopted on the basis of the Law of the Georgian SSR on Ambient Air Protection (No 7, Art. 131, Gazette of the Supreme Soviet of the Georgian SSR, 1981);

c) The Resolution of the Supreme Soviet of the Georgian SSR of 19 June 1981 on the procedure for adoption for further entry into force of the Law of the Georgian SSR on Ambient Air Protection (No 7, Art. 131, Gazette of the Supreme Soviet of the Georgian SSR, 1981).

2. Subordinate normative acts issued on the basis of Article 41(4) and Article 59 of the Law of Georgia on Ambient Air Protection (Legislative Herald of Georgia No 30(37), 1999, Art.158) shall be deemed repealed after 1 January 2008.

Law of Georgia No 5605 of 14 December 2007 - LHG I, No 47, 26.12.2007, Art. 407

President of Georgia                                                                                                                                Eduard Shevardnadze

Tbilisi,

22 June 1999

No 2116 - რს