Climate change law in Georgia rests on the basic law on environmental protection: its goals and principles create the framework within which the chapter on climate protection — the norms and authorization of greenhouse gas emissions — operates. On this page you will find a complete description of these three layers, together with the ozone layer norms.
The Goals and Tasks of the Law
The basic goals of the environmental protection law are: defining the principles and norms of legal relations in the field of environmental protection; protecting the fundamental human rights established by the Constitution — living in an environment harmless to health and enjoying the natural and cultural environment; securing state environmental protection and rational nature use, and an environment safe for human health, taking into account the interests of present and future generations.
Among the goals are facilitating the conservation of biological diversity and of rare, endemic, and endangered species characteristic of the country, protecting the marine environment, ensuring ecological balance, preserving self-sufficient landscapes and ecosystems, the legal resolution of common global and regional environmental problems, and securing the conditions for the country's sustainable development. The tasks include protecting a safe environment, the legal securing of protection from harmful impact, and the management of the use of natural resources.
The Basic Principles of Environmental Protection
In planning and carrying out activities, state bodies and all persons are obliged to be guided by the basic principles: risk reduction — taking measures to avoid or reduce the risk of harmful impact; sustainability — the use of the environment and resources in a way that poses no threat to the development of society; priority — choosing a less risky action over a more risky one.
Among the principles are paid nature use — the use of land, water, forest, flora and fauna, and subsoil resources is paid; the "polluter pays" principle — the subject of activity is obliged to compensate the damage caused to the environment; as well as the principles of conservation of biological diversity, waste minimization, recycling, restitution, impact assessment, public participation, and accessibility of information.
Climate Protection from Global Changes
For the purpose of protecting the earth's climate from global changes, the subject of activity is obliged to observe the norms of emission of gases causing the greenhouse effect in the atmosphere and to carry out measures for their reduction. This emission is regulated on the basis of the integrated pollution control system, and within Georgia's jurisdiction the legal regime of climate protection is established by Georgian legislation.
For activities defined by a government decree, an authorization of greenhouse gas emissions is mandatory — an individual administrative-legal act issued for an indefinite term and containing a monitoring plan. The authorization holder is obliged to conduct monitoring and to submit annually, no later than 31 March of the relevant year, a verified report; the possibility of transferring the authorization to another person, on the basis of a joint application, is also available.
Protection of the Ozone Layer
Connected to the climate regime is the protection of the ozone layer: the subject of activity is obliged to reduce or stop the production or use of chemical agents that influence and deplete the earth's ozone layer. Products containing these substances may be imported into Georgia only with a special permit.
The totality of these norms forms the national core of climate change law: the goals and principles define the direction, the climate protection chapter — the concrete obligations regarding greenhouse gases, and the protection of the ozone layer — a separate segment of protecting the atmosphere.
The Practical Impact of Climate Obligations
For business, the norms of climate change law manifest themselves in three practical questions: whether your activity is on the list for which a greenhouse gas emissions authorization is required; which monitoring and reporting obligations are imposed on authorization holders; and how the "polluter pays" principle applies to climate damage.
The authorization regime distinguishes climate obligation by the sign of administrative proceeding: the application requires detailed technical content — descriptions of installations, technologies, and raw materials — and its examination may involve expert assessment. The annual report, in turn, implies the participation of an independent verifier, which secures the reliability of climate data.
The layer of principles also disciplines the culture of decision-making: the principles of risk reduction, sustainability, and priority extend to state bodies adopting decisions with environmental impact — so protecting public interests in climate matters is an obligation not only of emitters but of the state.
Climate change law in Georgia can be viewed as three layers: the goals and tasks define the meaning of the system; the basic principles — its legal logic; and the climate protection chapter and the ozone layer norms — the concrete obligations. Reading the three layers together gives the full picture of what the law requires when impacting the climate.
Frequently Asked Questions
When may an emissions authorization be declared invalid?
At the holder's request; where the authorized activity has not started within 5 years of receiving the authorization; or where the activity has been suspended for 2 calendar years and the holder cannot substantiate repair or renovation works in that period.
What must the authorization application contain?
A description of installations and activities, including technologies, that may cause emissions; information on raw and auxiliary materials whose use may cause emissions; information on emission sources; a draft monitoring and reporting plan; and a short non-technical summary.
Who issues the greenhouse gas emissions authorization?
For the defined activities — the National Environment Agency; for the defined aviation activities — the Civil Aviation Agency.
How We Help on Legal.ge
Getting climate obligations right begins with a precise reading of the law governing your activity. On Legal.ge you can consult a specialist in environmental law who will assess the authorization, monitoring and reporting requirements in your case. Submit a request on the site and get qualified assistance.