Кодекс о природоохранной оценке

Консолидированная версия (12/06/2025 - 26/06/2025)

LAW OF GEORGIA

ENVIRONMENTAL ASSESSMENT CODE

Article 1 - Scope of the Code

1. This Code regulates matters related to strategic documents and public or private activities which may have significant effects on the environment, human life and/or health.

2. The procedures for environmental impact assessment, strategic environmental assessment, transboundary environmental impact assessment, and public participation in decision-making, as well as the conduct of expert examinations, fall within the scope of this Code.

Article 2 - Aims and objectives of the Code

1. This Code aims to:

a) promote the protection of the environment, human life and/or health, cultural heritage and material assets, in the implementation of strategic documents or activities which may have significant effects on the environment, human life and/or health;

b) ensure, for the purpose of the promotion of the country's democratic development, the exercise of a fundamental human right to obtain timely complete and objective information on the state of the environment, guaranteed by the Constitution of Georgia, as well as ensure public participation in environmental decision-making;

c) proportionally take account of the environmental, social and economic interests of the State and the public in decision-making on the implementation of strategic documents or activities which may have significant effects on the environment;

d) apply standards of best international practice in the implementation of environmental assessment procedures.

2. The objectives of this Code are to:

a) determine the rights and obligations of persons carrying out activities, and planning authorities and public and competent administrative bodies in decision-making related to issues provided for by this Code;

b) ensure public access to information on all likely effects of the implementation of strategic documents or activities to maximally prevent, reduce or mitigate adverse effects on the environment, human health and safety, cultural heritage and material assets;

c) determine procedures which shall be carried out in the case of transboundary impacts.

Article 3 - Definition of terms

The terms used herein have the following meanings for the purposes of this Code:

a) non-technical summary - a brief description of the environmental impact assessment report/strategic environmental assessment report, which includes information on the planning authority, the persons carrying out activities, the place of implementation of the strategic document/activity, the potential impact on the environment/human health, and any other issues provided for by the report, executed in a non-technical language and to which graphics and illustrations are attached;

b) environmental decision - an act issued taking into account Article 13 of this Code which is a mandatory precondition for the implementation of activities that are subject to an environmental impact assessment. If the implementation of the activities requires a licence/permit provided for by the legislation of Georgia that depends on an environmental decision, and/or requires the completion of any stage of a licence/permit, the licence/permit may enter into force and/or the respective stage of such licence/permit may be completed only after the environmental decision has been issued, except as provided for by Article 5(2) of this Code;

c) environmental impact - any impact on the environment resulting from the implementation of strategic documents or activities, which may include effects on the following: human health and safety, biodiversity and its components, water, air, soil, climate, landscape and protected areas. An environmental impact also includes the impact on cultural heritage or socio-economic factors resulting from changes to them;

d) environmental impact assessment ('EIA') - a procedure for the identification and examination of potential impacts on the environment, based on respective studies, for the planned activities that may have significant effects on the environment and that fall within the scope of the activities provided for by Annex I to this Code, and of the activities provided for by the Annex II to the same Code, according to a screening decision. An EIA includes scoping, preparing an EIA report, public participation, carrying out consultations with competent administrative bodies, and preparing an expert opinion on the basis of the evaluation of the results obtained, and taking account of the expert opinion in issuing an environmental decision under this Code and/or a respective enabling administrative act as provided for by the legislation of Georgia;

e) EIA report - a document prepared by a person carrying out activities and/or by an adviser for the person carrying out activities in the EIA process, which includes information provided for by this Code;

f) public concerned - the public which may have an interest in a decision on the implementation of a strategic document or activities or which will or is likely to be affected by such decision. The public concerned also includes non-entrepreneurial (non-commercial) legal entities registered in accordance with procedures established by the legislation of Georgia, whose goals of operation are to promote environmental protection in the country;

g) planning authority - an administrative body or any other competent organisation which, pursuant to a relevant normative act, is responsible for preparing a strategic document;

h) environmental audit - a comprehensive analysis of the technical, ecological and social indicators of the current activity in the process of implementation of this activity, which includes the entire production and technological cycle, and is performed in order to identify means for minimising negative effects on the environment and to ensure the compliance of the activity with environmental standards, and which is followed by an environmental audit report;

i) expert examination - for the purpose of preparing an expert opinion, a combination of scientific and research activities carried out by an expert commission established in accordance with procedures determined by this Code;

j) adviser - a person holding the qualifications necessary for preparing an EIA/strategic environmental assessment report and having scientific, technical and methodological proficiencies;

k) decision granting the right to continue a current activity - an order of the head of the agency authorising a person carrying out the current activities to continue a current activity;

l) Minister - the Minister of Environmental Protection and Agriculture of Georgia;

l¹) Agency - a legal entity under public law within the system of the Ministry of Environmental Protection and Agriculture of Georgia called the National Environmental Agency;

m) public - one or more natural persons or legal persons, as well as other organisational forms (which are not legal persons) provided for by the legislation of Georgia;

n) Ministry - the Ministry of Environmental Protection and Agriculture of Georgia;

n¹) centre - Environmental Information and Education Center, a legal entity under public law within the system of the Ministry;

o) day - a work day provided for by the legislation of Georgia;

p) activity - construction, production and installation works, and other activities provided for by this Code, including the extraction/processing of mineral resources which have an effect on the environment;

q) person carrying out activities - a natural person, a legal person, an administrative body, or other organisational form (which is not a legal person) provided for by the legislation of Georgia, who intends to carry out an activity provided for by Annex I and/or Annex II to this Code or continue a current activity;

r) scoping - a procedure to determine the list of information to be obtained and studied for an EIA/strategic environmental assessment, and the means to include this information in the EIA report/strategic environmental assessment report;

s) scoping report - a preliminary document prepared by a person carrying out activities and/or an adviser, on the basis of which the Agency issues a scoping opinion;

t) scoping application - a preliminary document prepared by a planning authority and/or an adviser, on the basis of which the Agency and the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia issue scoping opinions;

u) screening - a procedure to determine the need to perform an EIA/strategic environmental assessment;

v) strategic environmental assessment ('SEA') - a procedure to examine and generally forecast potential impacts on the environment and human health arising from the implementation of a strategic document provided for by this Code. An SEA includes scoping, the preparation of an SEA report, public participation, the carrying out of consultations with competent administrative bodies, and the taking account of recommendations provided by them and of assessment results in the process of the adoption/approval of a strategic document;

w) SEA report - a document prepared by the planning authority and/or by an adviser for the planning authority in the SEA process that includes information provided for by this Code;

x) strategic document - a subordinate normative act of an administrative body issued in accordance with the legislation of Georgia, which establishes a future development framework for individual sectors pursuant to Chapter III of this Code and determines characteristics and/or volumes for the types of activities provided for by Annexes I and II to this Code;

y) implementation of a strategic document - the carrying out of the activities provided for by a strategic document;

z) transboundary impact - any impact on the environment of Georgia and any other state arising from the full or partial implementation of a strategic document or planned activities in Georgia or in any other state;

z¹) force majeure situation - a natural calamity (earthquake, landslide, flood or any other similar event), including any crisis situation in a specific area that is caused by a disaster, a major industrial accident and/or fire, and that results in the disruption of the normal living conditions of the population.

Law of Georgia No 1700 of 7 December 2017 – website, 14.12.2017

Law of Georgia No 3106 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 1521 of 26 April 2022 – website, 13.5.2022

Law of Georgia No 2601 of 22 February 2023 – website, 9.3.2023

Article 4 - Competent bodies in the area of environmental assessment

1. The following fall within the competence of the Government of Georgia in the area of environmental assessment:

a) making decisions on the initiation of a transboundary environmental impact assessment procedure;

b) making decisions, based on a motion of the Ministry, on the forms of information exchange and subsequent consultations with a state subject to a transboundary impact, and on the time frames for the implementation of a transboundary environmental impact assessment procedure;

c) making decisions on exemptions from EIA, based on the motions of the Ministry;

d) making decisions on issues provided for by Article 5(8) of this Code.

2. The following fall within the competence of the Ministry in the area of environmental assessment:

a) the implementation of national policy in the area of environmental assessment;

b) the submission of proposals on exemptions from EIA to the Government of Georgia;

c) the submission to the Government of Georgia of proposals on the initiation of transboundary environmental impact assessment procedures, the forms of exchanging information with states subject to a transboundary impact, and the time frames for carrying out further consultations and implementing a transboundary environmental impact assessment procedure;

d) establishing a unified data base related to issues falling within the competence of the Ministry and ensuring the security, publicity of, and access to the information, in order to ensure access to information, the efficiency of public governance, and public involvement.

3. The following fall within the competence of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia in the area of environmental assessment:

a) within its competence, making decisions on making a strategic document subject to an SEA;

b) within its competence, reviewing scoping applications and attached documents in the SEA process and issuing scoping opinions;

c) within its competence, making recommendations with respect to SEA reports and strategic documents;

d) within its competence, ensuring the publicity of information, public participation in decision-making processes and access to decisions.

4. The following fall within the competence of the Agency in the area of environmental assessment:

a) the determination of the need to conduct EIA and SEA within its competence based on the screening procedure;

b) the issuance of scoping opinions in the EIA process and, within its competence, in the SEA process;

c) the establishment of an expert commission to review EIA reports, SEA reports and draft strategic documents;

d) the review of EIA reports and, within its competence, of SEA reports, the issuance of environmental decisions, and the issuance of recommendations with respect to SEA reports and strategic documents, as well as making decisions which deny the right to carry out activities;

e) the preparation of proposals on exemptions from EIA and their submission to the Ministry;

f) the submission to the Government of Georgia of proposals on the initiation of transboundary environmental impact assessment procedures, the forms of exchanging information with states subject to a transboundary impact, and the time frames for carrying out further consultations and implementing a transboundary environmental impact assessment procedure, as well as the arrangement of respective procedures;

g) making decisions to continue a current activity in accordance with Article 47 of this Code;

h) (deleted – 22.2.2023, No 2601);

5. In the field of environmental assessment, the Center's competence includes ensuring the participation of the public/interested public in the decision-making process provided for by this Code and, for this purpose, ensuring access to relevant information and conducting public hearings.

Law of Georgia No 3106 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 2601 of 22 February 2023 – website, 9.3.2023

Chapter II - Environmental Decisions

Article 5 - General provisions

1. The following activities shall be subject to an EIA: the activities provided for by Annex I to this Code, and the activities provided for by Annex II to the this Code which will be made subject to an EIA on the basis of a screening decision made in accordance with the screening procedure defined in Article 7 of this Code.

[ 1¹. If the activity subject to the environmental impact assessment is also subject to an integrated environmental permit provided for by the Law of Georgia on Industrial Emissions, an integrated environmental permit shall be issued for this activity. In this case, the procedures established by the Law of Georgia on Industrial Emissions shall apply, and the environmental decision/conditions determined as a result of the environmental impact assessment shall be reflected in the integrated environmental permit. (Shall become effective from 1 September 2026) ]

2. Activities provided for by paragraph 1 of this article may only be carried out after the environmental decision has been made. If the implementation of the activity requires a licence/permit provided for by the legislation of Georgia that depends on an environmental decision, and/or requires the completion of any stage of such licence/permit, the licence/permit may enter into force and/or the respective stage of such licence/permit may be completed only after the environmental decision has been made, except for mineral extraction licences provided for by Article 7 of the Law of Georgia on Licences and Permits. In such case, if an activity envisaged by a licence of use is subject to an EIA or a screening in accordance with this Code, such licence may be issued without an environmental decision, provided that minerals may be extracted only after the environmental decision has been made, and in the case of conflict between the terms and conditions of the licence and the terms and conditions determined by the environmental decision, the terms and conditions determined by the environmental decision shall prevail. The licences/permits provided for by the legislation of Georgia may not prescribe terms and conditions which are in conflict with the environmental decision.

3. In the case provided for by the note under Article 10(4) of this Code, a decision on the exclusive special-purpose use of forest shall be valid after the environmental decision has been issued.

4. The purpose of an EIA is to identify, study and describe direct and indirect impacts, resulting from the activities provided for by this Code, on the following:

a) human health and safety;

b) biodiversity (including species of plants and animals, habitats, ecosystems);

c) water, air, soil, land, climate and landscape;

d) cultural heritage and material assets;

e) any interaction between the factors provided for by sub-paragraphs (a)-(d) of this paragraph.

5. The identification, study and description of any impact on the factors provided for by paragraph 4 of this article shall also include threats, related to the activities against the risks of major accidents and/or natural disasters.

6. Activities related to oil and gas operations, which are regulated by the legislation of Georgia regulating the respective area, do not require an environmental decision.

[ 6. Activities related to oil and gas operations and natural hydrogen operations that are regulated by the relevant legislation of Georgia shall not require an environmental decision. (Shall become effective from 30 June 2025) ]

7. The Agency shall have the right to make changes to a respective enabling administrative act with the consent of the person carrying out activities if, as a result of an inspection performed by an authority exercising state control in the area of environmental protection and the use of natural resources, it is established that the condition at the location of the activity does not comply with the conditions included in the EIA report/the documentation on exemption from EIA, and/or if the EIA report/the documentation on exemption from EIA failed to comprehensively assess the adverse effects of the activity on individual environmental components.

8. A person carrying out activities may apply to the Agency with a reasoned request to modify the terms and conditions determined by the environmental decision, if the person can show that the fulfilment of such terms and conditions would not prevent or reduce the environmental impact and/or that the replacement of such terms and conditions with other terms and conditions would be necessary and effective in preventing or reducing the environmental impact.

9. The Agency shall establish an expert commission provided for by Article 42 of this Code to review an issue under paragraph 8 of this article. The expert commission shall present respective recommendations to the Agency after reviewing the issue, and the latter shall address the Ministry with an application to submit the relevant request to the Government of Georgia.

10. The Minister shall present a respective recommendation to the Government of Georgia. Where the Government of Georgia approves, the head of the Agency shall issue an individual administrative act.

11.The Agency shall be authorised to make changes to environmental decision or respective enabling administrative act issued in the area of EIA if this act stipulates an obligation to additionally examine individual environmental components/elements and, based on the results of the examination, the Agency establishes that there is a need to make changes to the terms and conditions.

11¹. On the basis of paragraphs 7, 8 and/or 11 of this article, within 1 day from the start of the administrative proceedings regarding the changes to the relevant enabling administrative act, the Agency shall send the appropriate statement/documents to the Centre. Within 2 days of receiving the statement/documents, the Center shall ensure their placement on the environmental information portal and on the notice board of the executive body and/or representative of the relevant municipality, and where requested – the Centre shall ensure the availability of its/their printed copies or electronic versions in the manner established by the legislation of Georgia. The public shall have the right to submit opinions and comments regarding the statement/documents to the Agency in accordance with the procedure established by Article 34 (1) of this Code within 15 days from the posting of the statement/documents on the mentioned portal and notice board. In the process of the mentioned administrative proceedings, the Agency shall consider the opinions and comments presented by the public and, if there is a relevant basis, take them into account.

12. Replacing the production technology provided for by an environmental decision with a different technology, and/or modifying the operational conditions, including the increase in production capacity, shall be considered an activity subject to a screening procedure as provided for by this Code.

[12. A change in the operating conditions of an activity provided for by an environmental decision shall be considered an activity subject to the screening procedure specified in this Code. For an activity for which an integrated environmental permit has also been issued, a screening application shall be submitted to the Agency together with the documentation provided for by the Law of Georgia on Industrial Emissions. In this case, the procedures established by the Law of Georgia on Industrial Emissions shall apply. (Shall become effective from 1 September 2026) ]

12¹. If, on the basis of the screening decision taken in accordance with the screening procedure, the replacement of the production technology of the activity provided for by the environmental decision by a different technology and/or the change of the exploitation conditions, including the increase of efficiency, are not subject to the EIA, the screening decision shall include the obligation of the person carrying out activities to perform the activity in accordance with the conditions determined by the environmental decision, taking into account the changes determined by the screening application. The condition established by the screening decision shall be an integral part of the conditions determined by the environmental decision and its fulfilment shall be mandatory.

13. If a person carrying out activities carries out the activities provided for by respective enabling administrative acts issued in the area of EIA and those determined by Annexes I and II to this Code, for which several environmental decisions have been issued, and which are interrelated in technical and/or functional terms, the person may file an application with the Agency requesting the consolidation of the environmental decisions into a single decision. The Agency shall, under simple administrative procedures, make a decision thereon.

14. If a person carrying out activities plans to carry out activities provided for by paragraph 12 of this article and/or Annexes I and II to this Code which are interrelated in technical and/or functional terms, the person may submit to the Agency a combined scoping report and request the issuance of a single environmental decision in accordance with this Code.

15. The amount of fees for the provision of services by the Agency in an accelerated manner, the procedures for payment of fees and for the refund of such fees shall be determined by the ordinance of the Government of Georgia.

16. The Agency shall be authorised to include the public expert (experts) stipulated by the legislation of Georgia in the process of reviewing the screening application, the application for the issuance of the scoping opinion, the scoping report, the scoping opinion and the documentation submitted to it for the purpose of fulfilling the relevant conditions. Procedures for the remuneration of the public expert shall be established by the order of the Minister

Law of Georgia No 5951 of 22 May 2020 – website, 28.5.2020

Law of Georgia No 1106 of 15 December 2021 – website, 24.12.2021

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 1521 of 26 April 2022 – website, 13.5.2022

Law of Georgia No 2601 of 22 February 2023 – website, 9.3.2023

Law of Georgia No 3391 of 29 June 2023 – website, 30.6.2023

Law of Georgia No 680 of 12 June 2025 – website, 16.6.2025

Article 6 - Main stages of EIA

1. The main stages of EIA include:

a) a scoping procedure provided for by Articles 8 and 9 of this Code;

b) the preparation of an EIA report by the person carrying out activities or an adviser in accordance with Article 10 of this Code;

c) public participation;

d) the assessment by the Agency of information included in the EIA report, and, if necessary, of additional information submitted to the Agency by the person carrying out activities, as well as information obtained during public participation and consultations with competent administrative bodies;

e) the conduct of an expert examination in accordance with Chapter VI of this Code;

f) the implementation of a transboundary environmental impact assessment procedure in accordance with Chapter V of this Code, if necessary.

2. The Agency shall issue an environmental decision after the stages provided for by paragraph 1 of this article have been completed, or shall make a decision refusing the carrying out of the activity in the cases provided for by this Code.

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Article 7 - Screening of an activity

1. In the case of activities provided for by Annex II to this Code, a screening procedure shall be performed before an EIA, except as provided for by paragraph 13 of this article.

2. A person carrying out activities shall, as early as possible at the stage of planning an activity, submit to the Agency an application for the screening of the planned activity and obtain from the Agency a decision on whether the planned activity is subject to an EIA, except as provided for by paragraphs 3, 12 and 13 of this article.

3. For the purpose of making a decision on the screening of an activity provided for by Annex II to this Code, that is subject to a mineral extraction licence defined by Article 7(1) of the Law of Georgia on Licences and Permits, the administrative body issuing the licence shall, before announcing an auction, file a screening application with the Agency in accordance with the requirements established by this article.

4. A screening application submitted by the person carrying out activities to the Agency shall, in addition to the information provided for by Article 78 of the General Administrative Code of Georgia, include:

a) brief information on the planned activity;

b) information on the characteristics of the planned activity, the place of implementation of the planned activity, indicating the GIS (geoinformation systems) coordinates (together with the shp-file), as well as on the nature of the possible impact in accordance with the criteria determined by paragraph 6 of this article.

c) in the case of carrying out the activities provided for by Article 5(12) of this Code - also information on the activities and planned changes provided for by the environmental decision and on possible impact resulting from the said changes.

[c) in case of implementation of activities provided for by Article 5(12) of this Code - also information on the activities provided for in the environmental decision and planned changes and on the possible impact arising from the said changes. If the conditions for water intake from a surface water body and/or water discharge into a surface water body change and/or water intake from a surface water body is required - the documentation provided for by Article 17 of the Law of Georgia on Water Resources Management. (Shall become effective from 1 September 2026) ]

4¹. The screening application submitted to the Agency, which must contain the information provided for by paragraph 4 of this article, shall be accompanied by a letter from the relevant municipality on the functional zone/subzone of the location of the planned activity and the compatibility of the activity with the said zone/subzone, in the case of a master plan approved by the said municipality.

5. Within 1 day after a screening application has been registered, the Agency shall send the application to the Centre. The Centre shall have the application placed on the environmental information portal and on the notice board of the executive body and/or representative body of a respective municipality, and upon request, shall make a printed copy available under a procedure established by the legislation of Georgia. The public may, within 7 days after the screening application has been placed on the portal and the notice board, submit to the Agency opinions and comments with respect to the application under the procedure established by Article 34(1) of this Code. The Agency shall review the opinions and comments submitted by the public and, if there are appropriate grounds, shall take them into account when making a decision on the screening.

6. Within not earlier than 10 days and not later than 15 days after a screening application has been registered, the Agency shall, based on the following criteria, take a decision on whether the planned activity is subject to an EIA:

a) the characteristics of the activity;

a.a) the scale of the activity;

a.b) cumulative impact on an existing activity and/or a planned activity;

a.c) the use of natural resources (in particular water, soil, land, biodiversity);

a.d) the generation of waste;

a.e) environmental pollution and noise;

a.f) the risk of major accidents and/or disasters which are related to the activity;

b) the place of implementation and the compatibility of the planned activity with:

b.a) highly wet areas;

b.b) the Black Sea coastline;

b.c) the territory covered with forest where species included in the Red List of Georgia are prevalent;

b.d) the protected areas;

b.e) the populated areas;

b.f) the cultural heritage and other objects of cultural heritage;

b.g) the landscape, recreation and forestry areas (zones) determined by the legislation of Georgia

c) the potential impact of the activity on the environment:

c.a) the transboundary nature of the impact;

c.b) the potential quality and complexity of the impact.

7. When making a screening decision, the Agency shall be authorised to use the guideline document on Environmental Impact Assessment.

8. If the Agency decides, after the completion of the screening procedure, that the planned activity is not be subject to an EIA, the applicant shall comply with the requirements established by the environmental technical regulations and environmental standards applicable in Georgia.

9. After the completion of the screening procedure, if there exist grounds provided for by Article 14 of this Code, the Agency shall make a decision refusing the carrying out of the activity.

10. Within 1 day after the screening procedure has been completed, the Agency shall send a reasoned screening decision to the Centre. The Centre shall have the decision placed on the environmental information portal and the notice board of the executive body and/or representative body of a respective municipality, and where required, shall make its printed copy available under a procedure established by the legislation of Georgia.

11. If it is established during the performance of the screening procedure that the carrying out of the planned activity may result in a transboundary impact, the procedure provided for by Chapter V of this Code shall be applied.

12. In the case of the carrying out of an activity provided for by Article 12 (5) of this Code and/or Annex II to same Code, the person carrying out activities may submit to the Agency a joint screening and scoping application along with the documents provided for by Article 8 of this Code. If the Agency decides, based on the screening procedure, that the activity shall be subject to an EIA, the Agency shall, by the same decision and pursuant to Article 9 of this Code, initiate administrative proceedings to issue a scoping opinion.

13. If a person carrying out activities plans to carry out an activity subject to the screening procedure and considers that an environmental decision needs to be issued for this activity, the person may, under the procedure established by Article 8 of this Code, submit to the Agency a scoping application (without going through the screening stage). In such case, the requirements for issuing environmental decisions established by this Code shall apply.

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 1521 of 26 April 2022 – website, 13.5.2022

Law of Georgia No 2601 of 22 February 2023 – website, 9.3.2023

Law of Georgia No 3391 of 29 June 2023 – website, 30.6.2023

Article 8 - Scoping application and scoping report in the EIA process

1. A person carrying out activities shall, as early as possible at the stage of planning an activity, file with the Agency a scoping application along with a scoping report.

[1¹. If the activity subject to environmental impact assessment is also subject to an integrated environmental permit provided for by the Law of Georgia on Industrial Emissions, a person carrying out activities is obliged to submit a scoping report to the Agency, together with the documentation provided for by the Law of Georgia on Industrial Emissions, as early as possible in the planning stage of the activity. The scoping report shall be issued in accordance with the procedures established by the Law of Georgia on Industrial Emissions. (Shall become effective from 1 September 2026) ]

2. Within 1 day after a scoping application has been registered, the Agency shall send the scoping application and the information on public hearing to the Centre. The Centre shall have them placed on the notice board of the executive body and/or representative body of a respective municipality and the application and the attached documents placed on the environmental information portal, and upon request, shall make printed or electronic copies thereof available under a procedure established by the legislation of Georgia.

2¹. In the case of administrative proceedings initiated for the purpose of issuing a scoping opinion in an accelerated manner, immediately after the application for issuing a scoping opinion has been registered, the Agency shall send the scoping application to the Centre. The Centre shall, within 1 day after the receipt of the application, ensure the placement of the said application and the scoping report on the environmental information portal and on the notice board of the executive body and/or representative body of a respective municipality, and upon request, shall make printed or electronic copies thereof available under a procedure established by the legislation of Georgia.

3. A scoping report shall include:

a) the following information on the planned activity:

a.a) the information on the location of the planned activity, with an indication of GIS (geographical information systems) coordinates (along with the .shp -file);

a.b) the information on the the physical characteristics of the planned activity (capacity, scale, production process, the amount of products to be manufactured, etc);

a.c) the information on any alternatives to the planned activity and the location where the activity will be carried out;

b) the information on the potential environmental impact and its types, including:

b.a) the information on the potential impact (if any) on protected territories;

b.b) the information on the potential transboundary impact (if any);

b.c) the information on the potential impact of the implementation of the planned activity on human health, the social environment, monument of the cultural heritage and other objects of cultural heritage;

c) the information on basic/exploratory research to be carried out and on the methods necessary to prepare an EIA report;

d) the project for deposit processing, including a recultivation project, where necessary, drafted in accordance with the requirements established by the legislation of Georgia;

e) the information on the measures which will be taken into account for preventing, reducing and/or mitigating significant adverse impact on the environment.

4. A person carrying out activities shall submit to the Agency a scoping report provided for by paragraph 3 of this article both in tangible and electronic form. The person carrying out activities and/or consultant shall be responsible for the correctness of the scoping report and the submission of relevant information required for the planned activity.

4¹. In the case of administrative proceedings during the provision of services in an accelerated manner, the scoping report shall be accompanied by a document confirming the payment of the fee for the provision of services in an accelerated manner. The amount of the fee for providing services in an accelerated manner shall not exceed GEL 5,000.

5. A person carrying out activities may submit to the Ministry any other information that will be necessary in the decision-making process provided for by Article 9 of this Code.

6. If the planned activity is carried out in the territory of the forest and requires the termination of the forest status or the acquisition of the right to special-purpose use of forest on the exclusive basis, the person carrying out activities shall attach information about the termination of the status of the forest/special-purpose use of the forest on the exclusive basis to the scoping opinion.

Law of Georgia No 1106 of 15 December 2021 – website, 24.12.2021

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 1521 of 26 April 2022 – website, 13.5.2022

Law of Georgia No 2601 of 22 February 2023 – website, 9.3.2023

Law of Georgia No 3391 of 29 June 2023 – website, 30.6.2023

Article 9 - Issuing scoping opinions in the EIA process

1. The Agency shall review a scoping application and a scoping report under the procedure established by this article and issue a scoping opinion under the procedure established by Chapter IX of the General Administrative Code of Georgia. In the case of non-compliance with the procedure established by Chapter IX of the General Administrative Code of Georgia, the norms established by this Code shall apply.

2. The public may, within 15 days after the placement of the screening application under the procedure established by Article 8(2) and (2¹) of this Code, submit to the Agency opinions and comments with respect to the scoping report under the procedure established by Article 34(1) of this Code. When issuing the scoping opinion, the Agency shall ensure a review of the opinions and comments submitted by the public and, if there are appropriate grounds, take them into account.

3. Not earlier than the 10^th day and not later than the 15^th day after the placement of the scoping application under the procedure established by Article 8(2) and (2¹) of this Code, the Centre shall ensure the holding of a public hearing of the scoping report. The Centre shall be responsible for organising and holding public hearings. Accordingly, it shall ensure the reimbursement of the costs associated with organising public hearings, including the publication of information on holding public hearings. Public hearings shall be led by the Centre and the minutes of public hearings shall be drafted by a representative of the Centre. Information on the public hearing shall be published not later than 10 days before the public hearing is held, in accordance with Article 32 of this Code. If it is planned to carry out the activity within the administrative boundaries of a self-governing community, public hearings shall be held in the building of the appropriate administrative body located closest to the location of the planned activity or in the territory adjacent to the building; or if it is planned to carry out the activity within the administrative boundaries of a self-governing city, public hearings shall be held in the building of the appropriate administrative body determined by the Centre or in the territory adjacent to the building, except for the case provided for by Article 34(2¹) (a) of this Code. Public hearings shall be open and any member of the public may participate in such hearings.

4. Not earlier than the 26^th day and not later than 30^th day after the scoping application has been registered, the Agency shall issue a scoping opinion which shall be approved by an individual administrative act of the Agency. The scoping opinion shall determine a list of studies required and information to be obtained and examined for preparing an EIA report. When issuing scoping opinions, the guideline document on Environmental Impact Assessment may be used.

4¹. In the case of administrative proceedings initiated for the purpose of issuing a scoping opinion in an accelerated manner, no later than on the 21st day after the registration of the application for issuing a scoping opinion, the Agency shall issue a scoping opinion, which shall be approved by an individual administrative act of the Agency.

5. Before approving the scoping opinion, the Agency shall ensure the participation in administrative proceedings of the Ministry of Culture of Georgia, within its competence, as a third administrative body under the procedure established by Article 84 of the General Administrative Code of Georgia.

6. The scoping opinion issued by the Agency shall be mandatory for a person carrying out activities in the preparation of an EIA report.

7. If, within 3 years after the scoping opinion has been approved, the person carrying out activities fails to obtain an environmental decision in accordance with the procedures provided for by this Code, the individual administrative act of the Agency approving the scoping opinion shall be declared as invalid.

8. If the grounds provided for by Article 14 of this Code exist, the Agency shall be authorised to take a decision refusing the carrying out of the activity.

9. Within 1 day after the completion of the scoping procedure, the Agency shall send the scoping report, the scoping opinion and/or the decision refusing the carrying out of the activity to the Centre. The Centre shall, within 4 days after the receipt of the scoping report, the scoping opinion and/or the decision refusing the carrying out of the activity, ensure their placement on the environmental information portal and on the notice board of the executive body and/or representative body of a respective municipality, and upon request, shall make printed copies thereof available under a procedure established by the legislation of Georgia.

10. If it is established during the performance of the scoping procedure that the carrying out of the planned activity may result in a transboundary impact, the procedure provided for by Chapter V of this Code shall apply.

Law of Georgia No 1700 of 7 December 2017 – website, 14.12.2017

Law of Georgia No 3106 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 7164 of 18 September 2020 – website, 22.9.2020

Law of Georgia No 390 of 16 March 2021 – website, 18.3.2021

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 1521 of 26 April 2022 – website, 13.5.2022

Law of Georgia No 2601 of 22 February 2023 – website, 9.3.2023

Law of Georgia No 3877 of 30 November 2023 – website, 15.12.2023

Law of Georgia No 96 of 12 December 2024 – website, 28.12.2024

Article 10 - EIA report

1. After the Agency approves the scoping opinion, the person carrying out activities and/or an adviser shall ensure the preparation of an EIA report. The person carrying out activities shall ensure the reimbursement of the costs necessary for preparing the EIA report. The person carrying out activities and/or the advisor shall be responsible for the correctness of the documentation submitted in the EIA process and the presentation of relevant information necessary for the planned activity.

2. An EIA report shall be signed by the person(s) participating in its preparation, including an adviser (if any). The EIA report and the information on the person(s) participating in its preparation shall be public.

3. An EIA report shall include:

a) a description of the planned activity, in particular:

a.a) a description of the location of the activity, with an indication of the GIS (geographical information systems) coordinates (along with the .shp file), as well as of the existing environmental condition of the location of the planned activity;

a.b) information on the land category and the form of land use both at the stages of construction and operation;

a.c) information on the physical characteristics of the planned activity (capacity, scale and production process, including the amount of potential products to be manufactured, required energy, material and natural resources to be used in the production, etc.);

a.d) information on demolition works and methods (where relevant);

a.e) information on potential adverse effects and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) at the stages of construction and operation;

a.f) information on the types, characteristics and amount of waste that may be produced at the stages of construction and operation, as well as, if necessary, additional information determined by normative acts applicable in the area of waste management;

b) information on all the reasonable alternatives to the planned activity proposed for environmental protection, and of the place of its implementation, with respective grounds, including on the inaction (zero) alternative that considers a description of the natural development of the existing environmental condition in the case of the non-performance of the activity, and that can be assessed by applying available information and scientific knowledge;

c) information on any potential significant environmental impact arising from the carrying out of the planned activity, including any impact on the population, human health, biodiversity (including species of plants and animals, habitats, ecosystems), water (including hydromorphological changes, quantity and quality), air, land (including land take), soil (including organic matter, erosion, compaction, degradation), climate (including greenhouse gas emissions), landscape, cultural heritage (including architectural and archaeological aspects) and material assets;

d) information on the likely direct and indirect, cumulative, transboundary, short-term and long-term, positive and negative effects of the carrying out of the planned activity on the components under sub-paragraph (c) of this paragraph and on the interrelationship between these components, resulting from:

d.a) construction works necessary for the planned activity, including, where relevant, demolition works;

d.b) the use of natural resources (in particular water, soil, land, biodiversity), taking into consideration the availability of these resources;

d.c) the emission of pollutants, noise, vibration, radiation, and the disposal and recovery of waste;

d.d) the risks of the effects on the environment, human health and cultural heritage (for example, due to accidents or disasters);

d.e) cumulative effects on other existing or planned activities;

d.f) the impact of the activity on climate, and the vulnerability of the activity to climate change;

d.g) the technologies, materials and/or substances used;

e) information on the identification of possible incidents resulting from the carrying out of the planned activity, and on the assessment of their effects, including an action plan for response in emergencies;

f) an action plan for measures to prevent, reduce, mitigate and compensate the adverse effects of the carrying out of the planned activity on the environment and human health. The information should cover the stage of the carrying out of the activity as well as the stage of further operation;

g) the assessment of irreversible effects on the environment and justification for causing such effects, which implies a comparison of the loss resulting from the irreversible effects on the environment and the profit gained in environmental, cultural, economic and social terms;

h) information on the means for restoring the state of the environment existing before the start of the planned activity in the case of the termination of the planned activity;

i) a description of the significant effects of the carrying out of the planned activity on the environment, deriving from the vulnerability of the activity to risks of accidents and disasters;

j) the informing of the public and the assessment of opinions and comments submitted by the public at the scoping stage;

k) information on the sources of information about the research methodology and the environment;

l) a brief non-technical summary of the information provided for by sub-paragraphs (a)-(k) of this paragraph, for the purpose of informing the public and ensuring their participation.

4. The following shall be attached to an EIA report:

a) the project for deposit processing, including a recultivation project, (where necessary) drafted in accordance with the requirements established by the legislation of Georgia;

b) information on the name and legal address of the adviser who participated in the preparation of the EIA report (where relevant);

c) a master plan of the location of the planned activity, with an indication of GIS (geographical information systems) coordinates (along with the .shp file), which shall specify the location of the planned activity, temporary buildings and public systems;

d) an extract from the Public Registry in the case of legal entities under private law and individual entrepreneurs, a copy of an identification document provided for by the legislation of Georgia in the case of natural persons, and a copy of the founding document in the case of legal entities under public law;

d) information on the alternatives of the area of disposal (landfill) of waste produced during the construction envisaged by the planned activity, with an indication of GIS (geographical information systems) coordinates, as well as information on the disposal of such waste (if any).

Note: If an activity subject to an environmental decision simultaneously requires the termination of the forest status or an exclusive special-purpose use of the forest, a person carrying out activities shall attach to the EIA report the documents provided for by the legislation of Georgia for the termination of the forest status/exclusive special-purpose use of the forest.

5. A person carrying out activities shall submit to the Agency the documents provided for by paragraphs 3 and 4 of this article both in tangible and electronic form.

6. If an EIA report contains state, commercial or professional secrets and/or personal data provided for by the legislation of Georgia, the person carrying out activities shall point out in the respective application that the above information is confidential. The Agency shall ensure the confidentiality of this information in cases provided for, and under a procedure established, by the legislation of Georgia.

[ 6. If the EIA report contains state, commercial or professional secrets and/or personal data as defined by the legislation of Georgia, it shall be regulated in accordance with the legislation of Georgia. (Shall become effective from 1 September 2026) ]

7. When EIA reports are drafted, the guideline document on Preparing Environmental Impact Assessment Reports may be used.

Law of Georgia No 5951 of 22 May 2020 – website, 28.5.2020

Law of Georgia No 1106 of 15 December 2021 – website, 24.12.2021

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 1521 of 26 April 2022 – website, 13.5.2022

Law of Georgia No 3391 of 29 June 2023 – website, 30.6.2023

Article 11 - Application for obtaining an environmental decision

1. A person carrying out activities shall file an application to obtain an environmental decision with the Agency. The Agency shall ensure the review of such applications under the procedure established by Chapter IX of the General Administrative Code of Georgia. In the case of non-compliance with the procedure established by the General Administrative Code of Georgia, the norms established by this Code shall apply.

[1¹. If the activity subject to environmental impact assessment is also subject to an integrated environmental permit provided for in the Law of Georgia on Industrial Emissions, the person carrying out the activity is obliged to submit an environmental impact assessment report to the Agency together with the application provided for in Article 13 of the Law of Georgia on Industrial Emissions. In this case, the procedures established by the Law of Georgia on Industrial Emissions shall apply, and the environmental decision/conditions determined as a result of the environmental impact assessment shall be reflected in the integrated environmental permit . (Shall become effective from 1 September 2026) ]

2. The following shall be attached to an application filed by a person carrying out activities:

a) an EIA report prepared in accordance with Article 10 of this Code;

b) drafts for calculating threshold limit values of emissions of harmful substances into the ambient air and the threshold limit values for the pollutants discharged in surface water bodies along with waste waters;

[ b) draft for threshold limit values of emissions of harmful substances into the ambient air and, in the case of special water use on a surface water body, documentation provided for in Article 17 of the Law of Georgia on Water Resources Management. The term and conditions of special water use shall be determined by Article 20 of the Law of Georgia on Water Resources Management and the environmental decision. (Shall become effective from 1 September 2026) ]

c) a request for treating the information as confidential (if any);

d) a copy of the document certifying the payment of the EIA fee provided for by the legislation of Georgia;

e) electronic versions of the documents provided for by sub-paragraphs (a)-(c) of this paragraph.

3. Within 1 day after the application for environmental decision has been registered, the Agency shall send the application to the Centre. The Centre shall have the application placed on the notice board of the executive body and/or representative body of a respective municipality within 4 days of the receipt of the mentioned application, also the placement of the application and the attached documents on the environmental information portal, and upon request, shall make their printed copies or electronic versions available under a procedure established by the legislation of Georgia.

4. A person carrying out activities may, by a single application, request a single environmental decision with respect to several activities provided for by this Code if these activities are substantively interrelated.

5. An EIA fee shall be paid for obtaining an environmental decision. The amount of the fee shall be GEL 500. The procedure for the payment of the fee is determined by the Law of Georgia on the Basic Principles of the System of Fees.

6. The EIA fee paid shall not be refunded if the environmental decision is refused.

Law of Georgia No 1445 of 17 March 2022 – website, 24.3.2022

Law of Georgia No 2601 of 22 February 2023 – website, 9.3.2023

Law of Georgia No 3391 of 29 June 2023 – website, 30.6.2023

Article 12 - Administrative proceedings related to the making of an environmental decision

1. The administrative proceedings related to the making of an environmental decision shall include:

a) an expert examination;

b) the participation of public and competent administrative bodies;

c) the procedure provided for by Chapter V of this Code in the case of possible transboundary effects.

2. Within 3 days after an application for obtaining an environmental decision has been registered, the Agency shall establish an expert commission provided for by Article 42 of this Code to review the EIA report. The expert commission shall prepare and submit to the Agency an expert opinion on the EIA report within 40 days after the establishment of the commission.

3. The Agency shall take a decision establishing the deficiency provided for by Article 83 of the General Administrative Code of Georgia within 15 days after the application for obtaining an environmental decision has been registered.

4. The public may, within 40 days after the placement of the application under the procedure established by Article 11(3) of this Code, submit to the Agency opinions and comments under the procedure established by Article 34(1) of this Code with respect to the EIA report, the planned activity and the conditions to be included in the environmental decision. When taking an environmental decision or a legal act refusing the carrying out of the activity, the Agency shall ensure the review of the opinions and comments submitted and, if there are appropriate grounds, take them into account.

5. Not earlier than the 25^th day and not later than the 30^th day after the placement of the application regarding the environmental decision under the procedure established by Article 11(3) of this Code, the Centre shall ensure the holding of a public hearing of the EIA report. The Centre shall be responsible for organising and holding public hearings. Public hearings shall be led, and the minutes of public hearings shall be drafted by a representative of the Centre. The Centre shall be responsible for the accuracy of the minutes. Information on the public hearing shall be published not later than 20 days before the public hearing is held, in accordance with Article 32 of this Code. Public hearings shall be held in the building of the appropriate administrative body located closest to the location of the planned activity or in the territory adjacent to the building. If it is planned to carry out the activity within the administrative boundaries of a self-governing community, public hearings shall be held in the building of the appropriate administrative body located closest to the location of the planned activity or in the territory adjacent to the building; or if it is planned to carry out the activity within the administrative boundaries of a self-governing city, public hearings shall be held in the building of the appropriate administrative body determined by the Agency or in the territory adjacent to the building, except for the case provided for by Article 34(2¹) (a) of this Code. Public hearings shall be open where any member of the public may participate.

6. An application for holding a public hearing shall include the following information:

a) the essence and brief description of the issue to be reviewed and the format of review;

b) the time, place and procedure of holding the public hearing and/or in the case provided for by Article 34(2¹) of this Code, the information on the form of the holding of the public hearing and on the procedures for participation therein;

c) an address of the website on which the application, the EIA report and other important information can be accessed, as well as an indication as to the possibility of obtaining printed copies of the above documents during the public hearing.

7. In issuing legal acts adopting environmental decisions, the Agency shall review and, if there are appropriate grounds, take account of opinions and comments submitted by the public and any other administrative bodies in accordance with Article 34(1) of this Code, the results of examination of the EIA reports and, in the case of potential transboundary impact, the results of the transboundary environmental impact assessment procedure performed in accordance with Chapter V of this Code.

8. Before issuing an environmental decision or a decision refusing the carrying out of the activity, the Agency shall ensure the participation in administrative proceedings of the Ministry of Culture of Georgia, within its competence, as a third administrative body under the procedure established by Article 84 of the General Administrative Code of Georgia.

9. Not earlier than the 51^st day and not later than the 55^th day after the registration of an application for obtaining an environmental decision, the Agency shall issue an individual administrative act on the issuance of an environmental decision or, if there exist grounds provided for by Article 14 of this Code, the Agency shall take a decision on the refusal of the carrying out of the activity. When taking environmental decisions, the guideline document on Environmental Impact Assessment may be used.

10. The Agency shall send the EIA report, expert opinion and legal act on issuing the environmental decision or on refusing to implement the activity to the Center within 1 day after issuing the environmental decision or refusing to implement the activity. Within 4 days of receiving the submitted documents, the Center shall ensure that information on the EIA report, the expert opinion, the issuance of the environmental decision or the legal act refusing the carrying out of the activity, and on the results of public participation, are published on its official website and placed on the notice board of the executive body and/or representative body of a respective municipality, and upon request, the availability of their printed copies in accordance with the procedure established by the legislation of Georgia.

11. An environmental decision shall be issued for an indefinite period. If the person carrying out activities does not commence the activity provided for by such a decision within 5 years, the Ministry shall declare the environmental decision invalid.