The Legal Basis of Climate Change Regulation
Climate change regulation in Georgia today rests on the Law of Georgia on Environmental Protection — a separate climate law does not yet exist. The statutory core of the law consists of four directions: the legal support for solving global and regional environmental problems (Article 50); the authorization of greenhouse gas emissions (Article 51); the monitoring, reporting and verification of emissions (Article 51²); and the protection of the ozone layer (Article 52). The new rules on greenhouse gas authorization and monitoring enter into force on 1 January 2028 in the manner provided by the law.
For business this means that obligations connected with greenhouse gas emissions are emerging gradually, and knowing these norms of the law is decisive for preparing in advance. Each direction is described below in the precise terms of the law.
Legal Support for Global and Regional Problems
Article 50 provides that state authorities and natural and legal persons (regardless of the form of ownership and legal-organizational form), within the limits of their competence and of the international obligations assumed by Georgia, carry out additional measures throughout the territory of Georgia to solve global and regional environmental problems. This norm is the legal basis for climate adaptation and mitigation measures, and its addressees are broad — both the state and the private sector.
Authorization of Greenhouse Gas Emissions
Under Article 51, for the activities determined by a decree of the Government of Georgia, an authorization of greenhouse gas emissions is required. The authorization is issued by the National Environment Agency, and for the aviation activities determined by the Government's decree — by the Civil Aviation Agency. Beyond the information required by general administrative legislation, the application must contain: a description of the installations and activities, including technologies, that may cause emissions; information on the raw and auxiliary materials whose use may cause emissions; information on the sources of emissions; a draft monitoring and reporting plan; and a non-technical summary.
The authorization is an individual administrative-legal act and is issued indefinitely. It is declared invalid, in addition to the grounds provided by general administrative legislation, also: at the person's request; where the activity is not commenced within 5 years of receiving the authorization; or where the activity is suspended for 2 calendar years, unless the person proves that repair or renewal works were carried out in that period. Before approving the monitoring plan, the issuing organ may create an expert commission or invite an expert. A person may transfer the authorization, fully or partially, to another person if this does not contradict the essence of the activity or the requirements established by legislation; the transfer conveys both rights and obligations.