Hazardous substances and the permitting regime
Activity connected with hazardous substances in Georgia rests on several norms of the law on environmental protection: the norms for the use of chemical agents, the protection of the ozone layer together with the special permit, and the system of state control. One rule is particularly significant: except for the cases established by law, products containing hazardous substances may be imported into Georgia only with a special permit — and this norm applies directly to chemicals that deplete the ozone layer.
Norms for the use of chemical agents
Under Article 31 of the law, the norms for the use in the environment of mineral fertilizers, plant protection products, growth stimulators and other chemical agents are established in such a way that no threat is created to human health, to the plant and animal world and to the soil. These norms, and the rules for the transport, storage and use of chemical agents, are developed once every 5 years and approved by regulation of the environmental ministry in agreement with the health ministry. For the purpose of the optimal use of chemical substances, the reduction of related risk, accounting and control, a unified state registry of chemical substances is established, the procedure for compiling which is determined by Georgian legislation. For an enterprise this means that the range of substances it uses must fit within a known and registered space.
Protection of the ozone layer and the special permit
Article 52 of the law contains the three basic norms of ozone layer protection. First: the subject of an activity is obliged to reduce or stop the production or use of chemical agents that influence and deplete the ozone layer of the Earth. Second: products containing these chemical substances may be imported into Georgia only with a special permit — this is the permitting regime that constitutes the core of the subject of this page. Third: the legal regime of ozone layer protection within the jurisdiction of Georgia is established by Georgian legislation. For an importer a simple verification rule follows: if a product contains ozone-depleting substances, bringing it in without a special permit is a violation of the law.
State control and the damage period
Article 57 of the law governs state control: in the sphere of environmental protection and the use of natural resources, control is exercised by the ministry, the department, the Agency of Protected Areas, the Nuclear and Radiation Safety Agency and the state forest management body. Inspection covers planned or unplanned checks and viewings; a check requires an individual administrative-legal act, the appeal of which does not suspend the check. The imposition of liability does not release from the obligation to compensate damage caused to the environment, and the limitation period for a damage claim is 10 years from the moment the right arises — when the controlling authority learns of the damage and of the liable person.