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.
Monitoring, Reporting and Verification
Article 51² defines the operational rules: the person carrying out the activity is obliged to conduct monitoring of emissions on the basis of the monitoring plan and in accordance with the applicable methodology; annually, no later than 31 March of the relevant year, to submit an annual emissions report, which must be verified by a verifier. Upon receipt of the verified report, the issuing organ ensures its publication on the environmental information portal within 5 working days. For international aviation, the requirements for monitoring, reporting and verification of carbon dioxide emissions are established by an order of the director of the Civil Aviation Agency.
Protection of the Ozone Layer
Article 52 imposes on the subject of the activity the obligation to reduce or cease the production or use of such chemical means (substances) as affect and deplete the Earth's ozone layer. Products containing these substances may be imported into Georgia only under a special permit, and the legal regime for the protection of the ozone layer within Georgia's jurisdiction is established by Georgian legislation.
During operation the person also has continuing duties: any planned change in the conditions of exploitation that may affect emissions is immediately notified to the issuing organ, and where an amendment of the authorization is needed, a proposal for amending the monitoring plan is submitted before the end of the year. This link turns the authorization into a living document, and the discipline of its renewal becomes part of the production process.
Frequently Asked Questions
Who issues the emissions authorization?
The National Environment Agency, and for specified aviation activities — the Civil Aviation Agency; it is required only for the activities determined by the Government's decree.
For what term is the authorization issued?
Indefinitely; but it is declared invalid if the activity is not commenced within 5 years, or is suspended for 2 calendar years without repair or renewal works.
When do the new rules enter into force?
The new rules on greenhouse gas authorization and monitoring enter into force on 1 January 2028.
What happens with ozone-depleting substances?
Their production or use must be reduced or ceased, and products containing them may be imported only under a special permit.
How We Help on Legal.ge
Climate obligations are one of the fastest-growing regulatory burdens of the coming years: authorization, monitoring, reporting and verification demand technical and legal preparation at once. On the Legal.ge platform you can find an experienced environmental and administrative law lawyer who will help you assess whether your activity is covered, prepare the application and build the monitoring system. Choose a specialist and prepare for the new requirements in good time.