Import, export and production of ozone-depleting substances without a permit (Art. 79⁴)

Why is the fine calculated per kilogram?

Because parts 2 and 3 of Article 79⁴ set it that way — 150 GEL per kilogram for operating without the relevant permit, and 300 GEL per kilogram for a substance prohibited by the Montreal Protocol. The weighing record is therefore one of the most important documents in the case.

How does the 13.5 kg exception work?

Liability under part 2 does not apply to importing no more than 13.5 kg of hydrofluorocarbons in 1 metal container once every 30 calendar days, within the relevant Government decree. All three conditions — the quantity, the single container and the 30-day interval — have to hold at the same time.

Can we really be fined over the colour of a cylinder?

Yes. Part 5 sets 25 GEL for each container that breaches the requirements on refrigerant container colouring. Breaching the requirements on the container and on the information shown on its packaging is a separate offence, fined at 100 GEL.

We paid the fine but still cannot meet the permit condition. What happens?

Under the notes, failing to meet the condition within the set period triples the part 1 fine, and failing again within the further period set by the issuing authority makes it ninefold that amount. The cases provided for in Article 232 of the Code are excepted.

Will the shipment be confiscated?

Under parts 2 to 4 confiscation is possible but not mandatory — the text reads "with or without confiscation". Separately, for offences under those parts the substances, other than quota-ed ones, are removed from the customs territory at the offender's expense.

5 min·22 Aug 2026

What Article 79⁴ covers

The circulation of ozone-depleting substances in Georgia rests on the obligations of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. Article 79⁴ of the Administrative Offences Code of Georgia attaches administrative liability to breaches of those obligations: it covers import, export, re-export and transit, and also the production of a substance covered by the Montreal Protocol and its acquisition or disposal in breach of the established rule. The article matters most to refrigerant importers and to the refrigeration and ventilation trade, because several of its penalties scale not with the fact of the breach but with the quantity of substance and the number of containers involved.

Seven offences and the amounts

The article breaks down into seven independent offences resting on two fine models — fixed and per-unit:

breach of the permit conditions for import, export, re-export and transit — 1,000 GEL;
carrying out import, export, re-export or transit without the relevant permit — 150 GEL for each kilogram of the substance, with or without confiscation of the substance and the container;
import, export, re-export or transit of a substance prohibited by the Montreal Protocol — 300 GEL for each kilogram, with or without confiscation of the substance and the container;
breach of the requirements on the refrigerant container and on the information shown on its packaging — 100 GEL for each container and/or item of packaging, with or without confiscation of the container and its contents;
breach of the requirements on the colouring of the refrigerant container — 25 GEL for each container;
production of a substance covered by the Montreal Protocol — 10,000 GEL;
acquisition or disposal of such a substance in breach of the established rule — 150 GEL for each kilogram, with confiscation of the instrument and the object of the administrative offence.

Tying the fine to the kilogram or the container makes the final sum depend directly on the recorded weight and counted units; the accuracy of the weighing is therefore as important as the fact of the breach itself.

Triple and ninefold fines for unmet permit conditions

The notes to the article set up a separate mechanism for permit holders. Notwithstanding that liability has already been imposed, if the permit holder fails to meet the permit conditions within the period set under the procedure established by the Law of Georgia on Licences and Permits, the fine provided for in part 1 of the article is tripled. If the conditions remain unmet within a further period set by the issuing authority, the fine becomes ninefold the amount provided for in part 1. Both notes exclude certain cases provided for by other norms of the Code.

The practical conclusion is straightforward: a failure to meet a permit condition does not end with a single fine, and meeting the deadline matters as much as meeting the condition itself. Missing the second deadline multiplies the original penalty rather than opening a new case.

Updated: 7 Nov 2026

Related Services

Breach of the rules on importing, producing and selling plastic and biodegradable bags (Art. 82⁵)Unlawful use of drinking water and of the sewerage network (Art. 149)Demolition or construction works without wet suppression (Art. 152⁵)Theft of irrigation water — service of the protocol and enforcement of the fine (Arts. 96⁴, 290⁹)Unauthorised occupation of a water body (Art. 48)Breach of the rules on the handling of mercury (Art. 57⁵)Breach of the water use rules (Art. 60)Damaging a water-management or water-protection structure (Art. 61)Breach of environmental requirements when commissioning a facility (Art. 69⁴)Breach of environmental requirements when decommissioning a facility (Art. 69⁵)Missing, unused or faulty gas and dust capture equipment (Art. 78)Breach of the rules on importing hazardous chemicals and pesticides (Art. 79⁶)Breach of the environmental rules for servicing refrigeration and air-conditioning equipment (Art. 82⁴)