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.
Practical recommendations and the importer's checklist
For an enterprise working with hazardous substances three steps matter. First — the inventory of substances and their compatibility with the unified state registry. Second — the inquiry into the current rules of use, transport and storage, which are renewed every five years. Third — the verification of imported products for ozone-depleting components, since a special permit is needed precisely in these cases.
The practical work connected with hazardous substances extends across all three normative layers. At the inventory stage it is determined which substances the enterprise uses and which are recorded in the unified state registry. At the rules stage the current requirements of transport, storage and use are verified. At the import stage the existence of ozone-depleting components is decisive: such products cross the border only with a special permit.
The perspective of liability deserves separate mention: a breach of the rules of production or import, together with a sanction, also gives rise to the obligation to compensate damage to the environment, and the limitation period for a claim is 10 years. This means that the result of today's operation may become disputable in a multi-year perspective as well, and the storage of documentation should be planned precisely for this period.
Work with the unified state registry is likewise two-way: the enterprise not only uses the registry's data but participates in the accounting of its own substances, and the correctness of this relation affects every subsequent use.
The five-year renewal cycle also means that the enterprise's internal instructions are periodically outdated: a parameter permissible yesterday may today be replaced by a new regulation. Therefore a compliance programme should also include the calendar of renewal of the rules.
Frequently Asked Questions
Below are the most frequent questions about hazardous substances.
When is a special permit required?
Products containing ozone-depleting chemical substances may be imported into Georgia only with a special permit; the production or use of such substances must be reduced or stopped.
Where are chemical substances recorded?
In the unified state registry of chemical substances, whose compilation procedure is determined by legislation; the registry serves optimal use, risk reduction, accounting and control.
How often are the rules renewed?
The environmental ministry develops the norms for the use of chemical agents and the rules of transport, storage and use, and approves them by regulation once every 5 years.
What is the limitation period for a damage claim?
10 years from the moment the right of claim arises — when the controlling organ learns of the damage and of the liable person.
How We Help on Legal.ge
Our team assists with the registration of chemical substances, the procedure for obtaining the special permit, compliance assessment of the rules, and relations with the controlling authorities. Every recommendation rests on the above-mentioned articles of the law.