Georgian Law
Code of Environmental Assessment
Chaper I. General Provisions
Article 1. Scope of regulation of the Code
1. The Code establishes a legal basis for regulating issues related to projects and strategic documents,
which implementation may have significant impact on the environment, human life and health.
2. The Code regulates the procedures related to envronmental impact assesment, strategic
environmental assessment, public participation in decision-making, transbaoundary environmental
impact assessment and carrying out expertise.
Article 2. Objectives and tasks of the Code
1. Objectives of the Code are:
a) to contribute to the protection of the environment, human health as well as of cultural
heritage and material assets in the course of implementing projects and strategic documents,
which may have significant impact on the environment, human life and health;
b) to ensure the essential right of a citizen provided by the Constitution of Georgia to receive a
complete, objective and timely information as well as to ensure public participation in the
course of decision-making in the field of environmental protection in order to promote
democratic development of the country;
c) to consider commensurately ecological, social and economic interests of the state and the
public in decision-making process related to the implementation of the project or strategic
document, which may have significant impact on the environment.
d) Implementation of the best international practice in environmental assessment procedures.
2. Tasks of the Code are:
a) to determine rights and obligations of the developer, the planning authority, the public and
the competent authorities in the course of decision-making envisaged by this Code;
b) to provide the public with the information on possible consequences resulting from the
implementation of a planned project or strategic document in order to avoid, reduce or mitigate
an adverse impact on the environment, human health and safety as well as on cultural heritage
and material assets:
c) to determine the procedures to be followed in case of transboundary environmental impact
on the environment.
Article 3. Definition of Terms
The terms used in this Code have the following definitions:
1. Non-technical summary - a brief description of environmental impact assessment report or
strategic environmental assessment report, which includes information on planning
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authority/developer, place of implementation of strategic document/projects and other
aspects of the report, is made up in technical language and includes graphic and visual
illustrations.
2. Environmental Decision - an individual administrative legal act, issued by the Minister,
which entitles a developer to implement a project subject to EIA. If implementation of a
project requires other kind of license and/or permit, the Environmental Decision constitutes
a prerequisite for receiving such license and/or permit, except for the case envisaged by
Article 5, Paragraph 2 of this Code.
3. Environmental impact - any effect caused by implementation of a proposed project or
strategic document on the environment, including the following factors: human health and
safety, biodiversity and its elements, water, air, soil, land climate, landscape and protected
areas. It also includes effects on cultural heritage or socio-economic factors resulting from
alteration of these factors.
4. Environmental Impact Assessment (EIA) - a procedure to examine, on the basis of appropriate
studies and research, a potential environmental impact of a proposed project, which may have
significant environmental impact and is listed in Annex I and based on the screening decision,
in Annex II of this Code. EIA process includes scoping, preparation of an environmental
impact assessment report, carrying out public participation and consultations with the
competent authorities and making a reasoned conclusion from examination of their results,
taking them and any other information into account in issuing Environmental Decision
envisaged by this Code and/or in issuing a relevant authorizing administrative legal act
envisaged by the existing legislation, which entitles to proceed with the project.
5. Environmental impact assessment report (EIA Report) - a document prepared by the
developer having relevant qualification and/or by the consultant for the developer during the
environmental impact assessment process and containing the information required by this
Code.
6. Public Concerned - the public affected or likely to be affected by, or having an interest of the
decision related to the implementation of a specific project or strategic document. For the
purposes of this definition a non-entrepreneur (non-commercial) legal person registered
under the national legislation and promoting environmental protection deemed to have an
interest as well.
7. Planning authority - the public authority, which is responsible for the preparation of the
strategic document.
8. Ecological audit - a complex analysis of technical, ecological and social characteristics of the
existing project including examination of a full production and technological cycle. It is
carried out in order to identify measures for minimization of adverse effects on the
environment and comply with the norms of environmental protection. An ecological audit
report shall be prepared upon completion of an ecological audit procedure.
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9. Expertize - scientific research measures implemented by the expert commission set up under
the rules of this Code, in order to prepare expertize conclusion.
10. Consultant - a person having the relevant qualification as well as scientific, technical and
methodological skills for preparing environmental impact assessment or strategic
environmental assessment reports.
11. Decision to continue the existing project - the order issued by the Minister, which entitles
the developer to continue the existing project.
12. The Minister – the Minister of Environment and Natural Resources Protection of Georgia.
13. The public – one or more natural or legal persons as well as other organization unite envisaged
by national legislation, which is not a legal person.
14. The Ministry – the Ministry of Environment and Natural Resources Protection of Georgia.
15. Day – working envisaged by existing legislation.
16. Project – the execution of construction works or of other installations or schemes, or other
interventions determined by this Code including the extraction of mineral resources, which
effects on the environment and landscape.
17. Developer – Any person, public authority, as well as other organizational unit envisaged by
the existing lagislation, which is not a legal person and is willing to implement a project listed
in Annex I and/or II of this Code or continue the existing project.
18. Scoping – a procedure to determine the type of information to be gathered and examined
during environmental impact assessment or strategic environmental assessment and the ways
of presenting abovementioned information in environmental impact assessment report or
strategic environmental assessment report.
19. Scoping report – a document prepared by the developer having the relevant qualification,
the planning authority and/or the consultant cocluding the scoping results based on which
the Minisrty issues a scoping opinion.
20. Screening - a procedure when the decision is made on the need to perform environmental
impact assessment or strategic environmental assessment after applying to the Ministry with
such request.
21. Strategic Environmental Assessment (SEA) – a procedure to examine, on the basis of
appropriate studies and research, a potential impact of strategic documents envisaged by this
Code, on the environmental and human health. SEA process includes scoping, preparation of
a strategic environmental assessment report, carrying out of public participation and
consultations and making a reasoned conclusion from examination of their results, taking
them and any other information into account during adoption/approval of strategic
documents.
22. Strategic environmental assessment report (SEA Report) – a document prepared by the
planning authority and/or the consultant during the strategic environmental assessment
process containing the information required by this Code.
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23. Strategic document – Sub-legal normative act adopted/approved by the public authority ,
which sets a framework for future development projects in specific sectors according to
Chapter III of this Code and includes specific parameters and/or capacities of such
activities/projects.
24. Implementation of strategic document – implementation of the measures prescribed under
the strategic document.
25. Transboundary impact – any impact on the environment of Georgian or of a foreign country
which is caused, totally or partially, by implementation of the project or strategic document
on the territory of Georgia or on a foreign country.
26. Force Majeure – Natural disaster on specific territory (earthquake, land slide, flood or other
similar cases), also, crisis circumstances, such as violation of normal living conditions of
citizens , caused by a disaster, big scale industrial accident and/or fire.
27. The Ministry of Health – the ministry of health, labor and social affairs of Georgia.
Article 4. Competent authorities in Environmental Assessment
1. In the field of Environmental Assessment, the Government of Georgia has powers to:
a) Decide upon commencement of transboundary environmental impact assessment procedure;
b) Decide upon the forms of exchanging information with affected countries, holding further
consultations and the timeframes of conducting transboundary environmental impact
assessment, based on the application of the Ministry;
c) Decide upon establishing timeframe for the procedures of transboundary environmental
impact assessment, which is different from the timeframes imposed by this Code.
2. In the field of environmental assessment, the Ministry has powers to:
a) Implement state policy in the field of environmental assessment;
b) Determine the necessity of EIA on the basis of screening procedures or SEA within its
competence;
c) Issue the scoping opinion in the process of EIA and SEA within its competence;
d) Set up an expert commission to review EIA and SEA report;
e) Review EIA and within its competence SEA reports, issue relevant Environmental Decision
and give the recommendations with regard to strategic documents and SEA report, as well as
to take the decision on the refusal to implement of a project.
f) Prepare proposals on the exemption from EIA and submit to the government of Georgia;
g) Submit proposals to the government of Georgia on commencement of transboundary
environmental impact assessment procedure, forms of exchanging information with affected
country, holding further consultations and timeframes of conducting transboundary
environmental impact assessment procedure and take appropriate measures.
h) Take the decision on continuation of the existing project.
i) Provide public/public concerned participation in decision-making process envisaged by this
Code and for this purpose ensure access to the relevant information and hold public hearings.
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j)
Ensure complying with the requirements of the international agreements of Georgia, within
its competence;
k) Perform services envisaged by the existing legislation, in the field of environmental assessment;
l) In order to provide access to information, efficiency of public governance and public participation,
create a unified database with regard to the issues within its competence and ensure security,
accessibility and availability of the information kept in this database.
m) Carry out other competencies under the legislation of Georgia.
3. In the field of environmental assessment the Ministry of Health, Labor and Social Protection of
Georgia has powers to:
a) Decide upon whether certain strategic document is subject to SEA, within its competence;
b) Review the scoping application and attached documents in the process of SEA and issue the
scoping opinion, within its competence.
c) Develop the recommendations on strategic documents and SEA report, within its
competence;
d) Ensure access to information, public participation in decision-making and availability of the
decisions, within its competence.
Chaper II. Procedures of issuing Environmental Decision
Article 5. General obligations
1. Subject to EIA are the projects listed in Annex I and those projects listed in Annex II, which become
subject to EIA based on the screening decision in accordance with Paragraph 5, Article 7 of this Code.
2. Project envisaged by Paragraph 1 of this Article can be carried out only after obtaining
Environmental Decision. If implementation of a project requires different kind of license and/or
permit, the Environmental Decision constitutes a prerequisite for receiving such license and/or permit,
except for the licenses for use envisaged by Article 7 Paragraph 1 of the Law of Georgia on Licenses
and Permits. In such case, if the activity envisaged by the License for use is subject to EIA or screening
under this Code, such license can be issued without an Environmental Decision under a condition that
it will become effective after the Environmental Decision is issued and in case of discrepancy between
the conditions set forth by the license and the Environmental Decision, the conditions of the
Environmental Decision will prevail. Other license and/or permit shall not establish license/permit
conditions different from the Environmental Decision.
3. EIA aims to identify, describe and assess direct and indirect effect of the projects determined by
this Code on the following factors:
a) Human health and safety;
b) Biodiversity, including fauna and flora habitats, ecosystems;
c) Land, soil, water, air, landscape and climate;
d) Cultural Heritage and Material Assets;
e) The interaction between abovementioned factors referred to in sub paragraphs ,,a” - ,,d”
of this Paragraph.
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4. The study, disclosure and description of effects on the factors referred to in Paragraph 3 of this
Article shall also include the risks of major accidents and/or natural disasters deriving from a planned
project.
5. A project related to oil and gas operations, which is regulated by the relevant legislation of the
respective field, does not require Environmental Decision.
Article 6. The main stages of Environmental Impact Assessment
1. The main stages of environmental impact assessment include:
a) Scoping procedure in accordance with Articles 8-10 of this Code;
b) Preparation of the EIA Report by the developer or the consultant in accordance with Article
11 of this Code;
c) Ensuring public participation;
d) Examination of the information presented in the EIA Report and any supplementary
information provided by the developer to the Ministry as well as assessment of the information
received through the public participation and consultation processes;
e) Carrying out Expertise procedure in accordance with Chapter VI of this Code;
f) Implementation of transboundary environmental impact assessment procedure in accordance
with Chapter V of this Code.
2. After completion of abovementioned stages envisaged by Paragraph 1 of this Article the Minister
shall issue the Environmental Decision or the decision on refusal to implement the project.
Article 7. Screening
1. Prior to EIA the screening procedure is conducted for the projects listed in Annex II of this Code.
2. The developer shall apply to the Ministry with the request to provide a screening procedure on a
planned project at an early stage of project planning and obtain the decision from the Ministry whether
the planned project is subject to EIA, except the case envisaged by Paragraph 3 of this Article.
3. In order to receive a screening decision for a project subject to a license for extracting minerals under
Article 7 Paragraph 1 of the Law of Georgia on Licenses and Permits, envisaged by Annex II of this
Code, the public authority responsible for licensing
applies to the Ministry with a screening
application, before an auction is announced, in accordance with the requirements of this Article.
4. Except the information envisaged by Article 78 of the General Administrative Code of Georgia the
screening application submitted to the Ministry by the developer shall include the following
information :
a) Brief information about the planned project;
b) Data on project characteristics, location and the nature of potential impact;
5. Within 3 days after registration of the screening application, the Ministry ensures publication of the
application on its official website as well as on the notice board of the relevant local authorities and/or
representative bodies and upon request, provides paper copies of abovementioned document in
accordance with existing legislation. Within 5 days after the screening application is published on the
website and notice board, the public is entitled to submit opinions and comments with regard to the
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application under the rule envisaged by Article 34, Paragraph 1 of this Code. The Ministry reviews
received opinions and comments and takes them in due account in decision-making process.
6. Not earlier than10 (ten) working days and no later than 15 (fifteen) working days after registration
of the application on screening application the Ministry shall take a decision whether the planned
project is subject to EIA based on the following criteria:
A) Characteristics of projects:
aa) the size of the project ;
ab) the cumulation with other existing and/or planned projects;
ac) the use of natural resources, in particular land, soil, water and biodiversity;
ad) the production of waste;
ae) pollution and nuisances;
af) the risk of major accidents and/or disasters which are relevant to the project concerned,
including those caused by climate change, in accordance with scientific knowledge
ag) the risks to human health (for example due to water contamination or air pollution).
B) Location of project
ba) the existing and approved landuse;
bb) the relative abundance, availability, quality and regenerative capacity of natural resources
including soil, land, water, and biodiversity in the area and its underground;
bc) the absorption capacity of the natural environment, paying particular attention to the
following areas:
bca) wetlands, riparian areas, river mouths;
bcb) costal zones and marine environment;
bcc) mountain and forest areas;
bcd) protected areas;
bce) areas in which there has already been a failure to meet the environmental quality
standards, laid down in existing legislation and relevant to the project, or in which it is
considerd that there is such a failure;
bcf) densely populated areas;
bcg) cultural heritage and landscapes and sites of historical and cultural significance.
C) Characteristics of the potential impact:
ca) Geographical area and size of the population likely to be affacted;
cb) the transboundary nature of the impact;
cc) the intensity and conpmexity of the impact;
cd) the probability of the impact;
ce) the duration, frequency and reversability of the impact;
cf) the cumulation of the impact with the impact of other existing or planned project;
cg) the possibility of effectively reducing the impact.
7. If the screening procedure determines that the planned project is not subject to EIA, the applicant is
obliged to comply with the requirements determined by technical environmental regulations and
environmental norms existing in Georgia.
8. After completion of the screening procedure, the Minister takes a decision on the refusal to
implement the project if the grounds determined by Article 14 of this Code exist.
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9. Within 5 days after completion of the screening procedure, the Ministry ensures publication of
opinions and comments submitted by the public in accordance with Paragraph 4 of this Article and the
decision of the Ministry on its official website as well as on the notice board of the relevant local
authorities and/or representative bodies and upon request, provides paper copies of above mentioned
documentation in accordance with existing legislation.
10. If during the screening procedure it is revealed that the implementation of the planned project is
likely to have transboundary environmental impact the procedures determined by Chapter V of this
Code shall be applied.
11. Additional description and thresholds of the screening criteria will be determined by technical
regulation “on Environmental Assessment”.
Article 8. Scoping application and Scoping Report
1. A developer is obliged to submit a scoping application together with the scoping report to the
Ministry for the projects listed in Annex I at an early stage of project planning and for the Annex II
projects if the screening procedure determines that the project is subject to EIA and receive the scoping
opinion from the Ministry on the information to be included in the environmental impact assessment
report.
2. Within 3 days after registration of the scoping application the Ministry ensures publication of
submitted application and scoping report on its official website as well as on the notice board of the
relevant local authorities and/or representative bodies and upon request, provides paper copies of
abovementioned documentation in accordance with existing legislation.
3. The developer is entitled to submit to the Ministry screening and scoping application at the same
time if the project is envisaged by Annex II. If the Ministry determines through the screening
procedure that the project is subject to EIA, it starts procedures for issuing scoping opinion based on
this decision, in accordance with Article 9 of this Code.
4. The scoping report shall include:
a) The brief description of a planned project and possible alternatives;
b) The location of a planned project including GIS coordinates (with shape files);
c) The information on general technical specifications of the proposed project (capacity, length,
area, output, etc.);
d) The information on the types and significance of the potential impact ;
e) The information on the potential significant impact on the protected areas;
f) The information on the potential transboundary environmental impact, if applicable;
g) The information on the baseline surveys and investigations which should be carried out;
h) The information on the methods and criteria which are required for EIA;
i) The information on the considered mitigation measures;
j) The documentation determined by the Waste Management Code of Georgia, if the projects
deals with waste treatment.
k) The information on the public concerned to be involved in EIA process.
l) Thenformation on the potential impact of the planned project on human health, social
environment and cultural heritage.
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5. A developer is entitled to submit to the Ministry any other information that will be of help to the
Ministry for decision-making envisaged by Article 9 of this Code.
Article 9. Issuance of scoping opinion
1. The Ministry reviews the scoping application together with the scoping report in accordance with
the rules set forth in this Article and issues the scoping opinion according to the procedures of public
administrative processing imposed by the Chapter IX of General Administrative Code of Georgia. In
case of discrepancy between the rules of this Code and General Administrative Code of Georgia, this
Code shall prevail.
2. The public has a right to provide its opinions and comments regarding the scoping report to the
Ministry within 15 (fifteen) days after the publication of the scoping application according to Paragraph
2 of Article 8. During issuance of scoping opinion the Ministry shall review all opinions and comments
provided by the public under the rule envisaged by Article 34, Paragraph 1 of this Code and ensures to
take them in due account.
3. With the purpose to review the scoping report the Ministry ensures to organize a public hearing no
earlier than 10th day and no later than 15th day after the publication of scoping application in accordance
with Article 8 Paragraph 2 of this Code. The Ministry is responsible for organizing and conducting the
public hearing and accordingly provides all expenses related to its organization, including making
public announcement. The public hearing is chaired and protocoled by the representative of the
Ministry. Ministry is responsible for correctness of the public hearing protocol. Information on the
public hearing shall be published no less than 10 days prior to organizing the public hearing in
accordance with Article 32 of this Code. If the project is planned to be implemented within the
administrative borders of a self-governing community, the public hearing is organized in the closest
appropriate administrative building to the site of the project or within its vicinity and if the project is
planned to be implemented within the administrative borders of a self-governing city, the public
hearing is organized in the appropriate administrative building designated by the Ministry, or within
its vicinity. The public hearing is open to the public and any person has a right to participate in it.
4. No less than 26 and no more than 30 days after registration of the scoping application the Ministry
issues the scoping opinion which is approved by the individual administrative legal act of the Minister.
The scoping opinion includes the assessment of the information provided in the scoping report,
determines the scope of the information to be obtained and analyzed for the EIA and the methods to
reflect this information in the EIA report.
5. Prior to issuing the scoping opinion, the Ministry ensures involvement of the Ministry of Culture
and Monument Protection of Georgia within its competence in the administrative procedures as other
public authority in accordance with Article 84 of General Administrative Code of Georgia.
6. The scoping opinion is binding for the developer during the preparation of the EIA report.
7. If the developer fails to obtain Environmental Decision within 2 (two) years in accordance with the
procedures determined by this Code the scoping opinion approved by the administrative legal act of
the Minister becomes invalid.
8. After completion of the scoping procedure, the Ministry shall take a decision to refuse the developer
on implementation of the project, in case there exists grounds envisaged by Article 14 of this Code.
9. Within 5 (five) days after completion of the scoping procedure the Ministry ensures publication of
the scoping report, scoping opinion and/or the decision on the refusal of the implementation of the
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planned project on its official website as well as on the notice board of the relevant local authorities
and/or representative bodies and upon request, provides paper copies of abovementioned
documentation in accordance with existing legislation.
10. If during the scoping procedure is revealed that the implementation of the planned project is likely
to have transboundary environmental impact the procedures determined by Chapter V of this Code
shall be applied.
Article 10. EIA Report
1. After the scoping opinion is approved by the Ministry, the EIA report on the proposed project shall
be developed by the developer having relevant qualification or by the consultant. The expenses of
developing the EIA report shall be provided by the developer.
2. EIA report shall be signed by the person(s) participating in its preparation, including the consultant,
if any.
3. EIA report shall include:
A) a description of the project and other relevant features of the project, in particular:
aa) a description of the location of the project and GIS coordinates of abovementioned
location (with shape files);
ab) a description of physical characteristics of the whole project, including, where relevant,
requisite demolishing works, and the land-use requirements during the construction and
operational phases;
ac) a description of the main characteristics of the operational phase of the project (in
particular any production process), for instance, energy demand and energy used, nature and
quantity of the materials and natural resources (including water, soil, land and biodiversity)
used;
ad) an estimate, by type and quantity, of expected residues and emissions (such as water, air,
soil and subsoil pollution, noise, vibration, radiation) during the construction and operational
phases;
af) type and quantity of produced waste during the construction and operational phases.
B) a description and justification of the alternatives of the planned project location and
technology used, in particular:
ba) the alternative proposed by the developer and other reasonable alternatives;
bb) the alternative, which is most favourable for the environment and the justificaton of the
main reasons for its choice and no action (zero alternative).
C) a description of technological process, including information on the capacity of installations:
D) a description of significant aspects of the current state of the environment and an outline of
natural changes from the baseline scenario in case of not implementing the project, which can
be evaluated on the basis of availability of the information and scientific knowledge.
E) a description of the aspects of the environment likely to be significantly affected by the
proposed project, in particular, population, human health, biodiversity (including fauna and
flora, habitats and ecosystems), soil (including soil uptake), land (including organic matter,
erosion, composting, degradation), water (including hydro morphological changes, quantity
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and quality), air, climate (including greenhouse gas emissions), material assets, cultural heritage
(including architectural and archaeological aspects) and landscape.
F) a description of the direct and indirect, secondary, cumulative, transbaoundary, short-term,
medium-term and long-term, temporary and permanent, positive and negative likely
significant effects of the project on the aspects determined by Paragraph 3, Article 5 of this
Code resulting from, inter alia:
fa) the construction and operation of the proposed project, including, where relevant,
demolishing works;
fb) the use of natural resources, (in particular, land, soil, water and biodiversity, considering
availability of these resources);
fc) the emission of pollutants, noise, vibration, radiation and the disposal and recovery of waste;
fd) the risks to human health, cultural heritage or the environment (for example due to
accidents or disasters);
fe) the cumulative effect of the existing and/or planned projects;
ff) the impact of the project on climate and the vulnerability of the project to climate change;
fg) the technologies, materials and the substances used;
G) Determination of the probability of possible accidents deriving from the implementation of
the proposed project and assessment of expected consequences;
H) A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any
identified significant adverse effects on the environment of implementing the project. That
description should cover both the construction and operational phases;
I) Assessment of irreversible impact on the environment and justification of its necessity, which
implies comparative analyses of the loss caused by the irreversible impact and the received
benefits in environmental, cultural, economic and social context;
J) Assessment of risks related to the implementation of the project (during the construction and
operational phases) which includes a description of the nature and possibility of the risks and
detailed assessment of expected results;
K) Identification of ways and means of the reinstatement of the environment to its initial state
in case of termination of the project;
L) A description of the expected significant adverse effects of the project on the environment
deriving from the vulnerability of the project to the risks of major accidents and disasters;
M) Means of informing the public and assessment of the public opinions and comments
received during the scoping procedure;
N) A description of methods and indication of sources of environmental information;
O) An indication on identified uncertainties and lack of knowledge encountered in compiling
environmental impact assessment report.
P) A brief non-technical summery of the information provided in this Paragraph, sub
paragraphs ,,a” - ,,p” in order to ensure informing the public and its participation.
Q) A detailed list of methods and sources used during the preparation of the EIA report.
4. EIA Report must be annexed with:
a) Environmental impact mitigation measures action plan;
b) Emergency response plan;
c) Name and registered addresses of the consultant or participating in the preparation of the
EIA report, if any;
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d) Project implementation Master Plan including GIS coordinates (with shape files), which will
cover the information on the location of the planned project, temporary installations, utility
systems and the components that cause impact;
e) Extract from the State Register for legal entity of private law and individual entrepreneur,
copies of identification documents set forth by the existing legislation for a natural person, or
certified copies of founding documents in case of legal entity of public law.
5. Information provided in the EIA report is publicly available. In case the EIA report contains any
commercial, state, professional and/or personal secret, the developer shall indicate on the
confidentiality of the information in the application. The Ministry shall be responsible for ensuring
confidentiality of the information in accordance with the rules set forth in the national legislation.
Article 11.Application to obtain Environmental Decision
1. With the purpose to obtain an Environmental Decision the developer shall submit a written
application to the Ministry, which ensures the discussion of the application in accordance with the
rules envisaged by Chapter IX of the General Administrative Code of Georgia. In case of discrepancy
between the rules of this Code and General Administrative Code of Georgia, this Code shall prevail.
2. The application submitted by the developer shall be accompanied with the following documents
and/or data:
a) The EIA report developed in accordance with Article 10 of this Code;
b) The projects on estimation of the limits for emission of harmful substances into the
atmospheric air and for the injection of polluting substances into the surface waters
together with the waste waters.
c) The notification about a confidential part of a submitted application, if applicable;
d) The copy of the document evidencing payment of the fee in accordance with the existing
legislation.
e) Electronic copy of the documents mentioned in this Paragraph.
3. Within 3 (three) days after submission of the application, the Ministry ensures publication of
submitted application and attached documents on its official website as well as on the notice board of
the relevant local authorities and/or representative bodies and upon request, provides paper copies of
abovementioned documentation in accordance with the existing legislation.
4. The Developer is entitled to request the Environmental Decision on several activities through a single
application, if the activities are significantly interconnected.
5. In order to obtain the Environmental Decision the developer is obliged to pay the fee which amounts
500 GEL. The rules on the payment of the fee is determined by the law of Georgia on the basis of the
fee system.
6. In case of the refusal on the implementation of the project the fee paid by the developer shall not be
refunded.
Article 12. Administrative procedure for issuing Environmental Decision
1. Administrative procedure for issuing the Environmental Decision includes:
a) Expertise procedure;
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b) Public participation and involvement of the relevant public authorities;
c) Procedure determined by Chapter V of this Code in case of potential transbaoundary
environmental impact.
2. With the purpose to review the EIA report the Minister sets up the Expert Commission within 5
(five) days after registration of the application in accordance with Article 42 of this Code. The expert
commission prepares and submits the expertise conclusion on the EIA report to the Ministry within 40
(forty) days.
3. The Ministry takes the decision on the finding of a deficiency in application envisaged by Article 83
of the General Administrative Code of Georgia, within 15 days after registration of the application on
issuance of the Environmental Decision.
4. The public has a right to submit their opinions and comments to the Ministry regarding the EIA
report, planned project and conditions of the Environmental Decision, within 40 (forty) days after the
publication of the application in accordance with Article 11, Paragraph 3 of this Code . The Ministry
ensures to review opinions and comments provided by the public under the rule envisaged by Article
34, Paragraph 1 of this Code and take them in due account in decision-making.
5. With purpose to review the EIA report the Ministry organizes the public hearing no earlier than 25th
day and no later than 30th day after the publication of the application in accordance with Article 11,
Paragraph 3 of this Code. The Ministry is responsible for organizing and conducting the public hearing.
It is chaired and protocoled by a representative of the Ministry. Ministry is responsible for correctness
of the public hearing protocol. Information on the public hearing shall be published no less than 20
days prior to organizing the public hearing, in accordance with Article 32 of this Code. The public
hearing is organized in the closest appropriate administrative building to the site of the planned project
or within its vicinity. If the project is planned to be implemented within the administrative borders of
a self-governing community, the public hearing is organized in the closest appropriate administrative
building to the site of the project or within its vicinity and if the project is planned to be implemented
within the administrative borders of a self-governing city, the public hearing is organized in the
appropriate administrative building determined by the Ministry, or within its vicinity. The public
hearing is open to the public and any person has a right to participate in it.
6. The announcement on public hearing shall include the information on:
a)
The content and brief description of the issue to be discussed, format of the discussion;
b)
The time, place and rules of the public hearing;
c)
The web address where the respective application, the EIA report and any other information
relevant to decision-making will be available as well as indication about the opportunity of
accessing the paper copies of these documents during the public hearing.
7. In decision-making process the Ministry shall review and take due account of opinions and
comments provided by the public and the public authorities under the rule envisaged by Article 34,
Paragraph 1 of this Code, study results of the EIA report and in the case of transboundary impact, the
results of transboundary environmental impact assessment procedure implemented in accordance with
Chapter V of this Code.
8. Prior to issuance of the Environmental Decision or the decision on the refusal to implement the
project, the Ministry ensures involvement of the Ministry of Culture and Monument Protection of
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Georgia, within its competence, in the administrative procedures as other public authority, under the
rule envisaged by Article 84 of General Administrative Code of Georgia.
9. No less than 51 (fifty one) and no more than 55 (fifty five) days after registration of the application
in accordance with Article 11 of this code the Minister shall issue the individual administrative legal
act on issuance of the Environmental Decision or the decision on the refusal to implement the project
in case there exist grounds envisaged by Article 14 of this Code.
10. Within 5 (five) days after issuing the Environmental Decision or the legal act on the refusal to
implement the project, the Ministry ensures publication of the EIA report, the Expertise Conclusion,
the Environmental Decision or the legal act on the refusal to implement the project and the results of
public participation on its official website as well as on the notice board of the relevant local authorities
and/or representative bodies and upon request, provides paper copies of abovementioned
documentation in accordance with the existing legislation.
11. Environmental Decision is valid for undefined time. In case the developer fails to start the
implementation of the project within 5 years, the Environmental Decision becomes invalid.
Article 13. Content of Environmental Decision
1. Except the requirements envisaged by Article 53 of the General Administrative Code of Georgia,
Environmental Decision shall include:
a) the type and place of project implementation;
b) the conditions for the use of the area at the different stages of the project
implementation, with particular consideration given to the need to protect special
natural values, natural resources and cultural heritage and to reduce the preventing
conditions for the adjacent areas of the planned project;
c) information on environmental measures, which must be taken into account by other
public authorities when issuing licenses or permits;
d) the conditions determined by the Environmental Decision that must be complied
during the construction, operational and post-operational phases.
e) the objective, scale and timing of post project analysis.
f) the information on the results of tansbounady environmental impact assessment
procedure envisaged by Chapter V of this Code, if applicable.
2. Except the information provided in Paragraph 1 of this Article the Environmental Decision may also
include:
a) Requirements to prevent the effects of industrial accidents;
b) The obligations to prevent, reduce and monitor potential the impact of the project on
the environment;
3. The Ministry is obliged to provide the following information in its legal act on issuance of the
Environmental Decision:
a) the results of public participation procedure and the manner, in which opinions and
comments submitted by the public have been considered;
b) the manner in which the conclusion of expert commission prepared in accordance
with Chapter VI of this Code have been considered;
c) The manner in which the findings of the EIA report have been considered.
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4. The Ministry is entitled to make changes to the relevant authorizing act, with the consent of
developer, if the Environmental Inspection Department reveals that condition at the site of the project
does not correspond with the EIA report/documentation on exemption from EIA and that the EIA
report/documentation on exemption from EIA does not provide full assessment of the adverse impacts
of the project on specific components of environment.
5. Substituting industrial technology of the projects envisaged by the Environmental Decision with
different technology, and/or changing exploitation conditions, including increase of capacity is
considered as the project subject to EIA.
6. The developer, who implements the projects envisaged by Annexes I and II of this Code, for which
several Environmental Decisions are issued, is entitled to apply to the Ministry and request merging of
the Environmental Decisions in one decision, if the projects are technologically and/or functionally
interconnected.
Article 14. Refusal to implement project
1. Minister issues the individual administrative legal act on the refusal to implement the project, in
case:
a) the project implementation will violate the requirements envisaged by the Georgian
legislation;
b) the project is not reasonable due to its characteristics, volume, location, nature of the impact
and/or risks;
c) there is the enacted Court/Arbitration decision which excludes possibility to accept the request.
Article 15. Transfer of an Environmental Decision to a third party
1. Environmental Decision holder is entitled to fully or partially transfer the Environmental Decision
to a third party, unless this contradicts the essence of the project determined by the Environmental
Decision, imposed conditions and/or legal requirements. Transfer of the Environmental Decision
implies transfer of the rights, as well as the relevant obligations.
2. Basis for issuing the individual administrative legal act of the Minister on transfer of Environmental
Decision is a joint application of the Environmental Decision holder and the receiver, contract or other
document envisaged by existing legislation, which confirms the fact of transfer of the rights.In case of
partial transfer of Environmental Decision, the Environmental Decision holder and the receiver are
solidarly responsible for complying with the conditions determined by the decision and the relevant
obligations.
3. In case of partial transfer of the Environmental Decision, the holder and receiver of the decision are
responsible for complying with the conditions and related obligations envisaged by the Environmental
Decision.
4. The Ministry shall discuss the application on transfer of the Environmental Decision to a third party
in accordance with the simple administrative procedure specified under the General Administrative
Code of Georgia.
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5. The person receiving the Environmental Decision shall implement the relevant project only after
the decision envisaged by Paragraph 4 of this Article is made.
6. The Ministry shall ensure publication of the legal act on a transfer of the Environmental Decision
envisaged by Paragraph 4 of this Article on its official website within 3 (three) days after taking the
decision specified by Paragraph 2 of this Article.
7. If the Environmental Decision holder, who at the same time is a holder of a license of use, fully or
partially transfers the license in accordance with the Law of Georgia on Licenses and Permits, the rules
of publishing the information under Paragraph 6 of this Article and the Law of Georgia on Licenses
and Permits will be applied.
Article 16. Exemption from EIA
1. The developer may be exempted from EIA for implementing those specific project the sole purpose
of which is to serve national defense or respond to civil emergency arising from force majeure.
2. According to Paragraph 1 of this Article the developer shall submit the justified application to the
Ministry that the implementation of EIA procedures will have an adverse effect on national defense or
timely response measures to be carried out due to civil emergency caused by force majeure. If the sole
purpose of the project is to serve national defense, the application shall also be attached by the
mediation of the State Security Service of Georgia.
3. Except the information envisaged by Article 78 of the General Administrative Code of Georgia the
application referred to in Paragraph 2 of this Article submitted by the developer shall include the
following information:
a) the title of the planned project and the name of the developer;
b) the location of the planned project including GIS coordinates (with shape files);
c) approximate starting and termination dates of the project;
d) Objectives of the project.
4. After registration of the application submitted by the developer the Ministry ensures publication of
the application on its official website and on the notice board of the relevant local authorities and/or
representative bodies within 3 (three) days.
5. Based on the application of the Ministry the government of Georgia shall take a decision on the
exemption from EIA in accordance with the existing legislation.
6. Within 5 (five) days after taking the decision envisaged by Paragraph 5 (five) of this Article the
Ministry ensures publication of the legal act on exemption from EIA or refusal on the exemption on its
official website and on the notice board of the relevant local authorities and/or representative bodies.
Article 17. Post-project analysis
1. The post-project analysis includes:
a) Carrying out monitoring of the conditions and mitigation measures imposed by the
Environmental Decision;
b) Analysis of the impacts on the environment caused by project implementation;
c) Assessment of changes of the environmental charachteristics envisiged by the EIA
report.
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2. The developer shall subbmit the results of post-project analysis to the Ministry within the timeframes
imposed by the Environmental Decision.
3. Within 3 (three) days after the submission of the document defined by Paragraph 2 of this Article
the Ministry shall publish the results of post-project analysis on its official website.
4. The Ministry takes into consideration the results of post-project analysis in the process of decisionmaking on another project which is subject to EIA.
Chapter III. Strategic Environmental Assessment
Article 18. General provisions
1. SEA includes scoping, preparation and review of SEA Report, public participation and consultations
as well as taking due account of results of public participation procedure, the recommendations of the
Ministry and the Health Ministry regarding strategic document and information described in the SEA
Report in the course of adopting strategic document and providing information on the decision to the
public and stakeholders.
2. With the purpose to adopt/approve the strategic document which is subject to SEA in accordance
with this Code the recommendations from the Ministry and the Health Ministry are needed.
3. The planning authority is obliged to submit the concept of strategic document to the Ministry and
Health ministry at an early stage of its preparation.
4. The planning authority is responsible for carrying out SEA.
5. If the implementation of the strategic document is likely to have transboundary impact on the
environment, the procedures of transboundary environmental impact assessment envisaged by Chapter
V of this Code shall be applied.
Article 19. The purpose and objectives of SEA
1. The purpose of strategic environmental assessment is:
a) Minimizing adverse impacts on the environment and human health;
b) Ensuring the public participation in decision-making process of adoption/approval of
strategic documents;
c) Ensuring that due account is taken of environmental and human health considerations
in the process of decision-making regarding strategic document, implementing
transbaoundary environmental impact assessment procedure, if applicable.
Article 20. Strategic documents subject to SEA
1. In accordance with Paragraphs 2-3 of this Article, subject to SEA are the strategic documents which
are likely to have significant impact on biodiversity, population, human health, social environment,
fauna, flora, water, air, soil, climate factors, material values, cultural heritage, including architectural
and archeological heritage, landscape and interaction between the abovementioned factors.
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2. Carrying out SEA procedure is required in case of strategic documents and/or significant
amendments to those strategic documents which set framework for future development projects listed
in Annex 1 and Annex 2 of this Code and are prepared for following sectors:
a)
Agriculture
b)
Forestry
c)
Fishery
d)
Energy
e)
Industry
f)
Transport
g)
Waste management
h)
Water management
i)
Electronic Communications
j)
Tourism
k)
Spatial planning.
3. Minor changes in strategic document that does not change its content conceptually, strategic
document which is related to a territory of self-government community, excluding self-governing
cities, strategic document which sets framework for future development projects and is not listed in
Annex I and II of this Code and/or does not fall within the list of sectors described in Paragraph 2 of
this Article, require SEA, except the case when after conduction of screening procedure in accordance
with Article 23 of this Code is determined that strategic document is not subject to SEA .
Article 21. Exemptions
Strategic environmental assessment shall not be applied to a strategic document the sole purpose of
which is to serve national defense and/or respond to civil emergency caused by force majeure, or
financial and/or budgetary sphere.
Article 22. Stages of SEA
The stages of SEA include:
a) submitting application to the Ministry and the Health Ministry by the planning
authority;
b) carrying out scoping in accordance with Articles 25-26 of this Code;
c) preparation of the SEA report in accordance with Article 27 of this Code;
d) carrying out of public participation in accordance with Chapter IV of this Code;
e) assessment of the information presented in the SEA report, any relevant information
received through public participation and consultations by planning authority;
f) issuance of the recommendations related to the SEA report by the Ministry and the
Health Ministry in accordance with Article 27 of this Code;
g) Carrying out transboundary environmental impact assessment procedure in accordance
with Chapter V of this Code, if applicable.
Article 23. Screening
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1. Screening procedure is applied in order to determine the need for SEA in case of Paragraph 3 Article
20 of this Code.
2. The planning authority is obliged to apply to the Ministry and the Health Ministry and submit the
concept of strategic document including brief information about the purpose, objectives and measures
envisaged by the strategic document, at an early stage of its development.
3. Except the information envisaged by Article 78 of the General Administrative Code of Georgia the
screening application submitted to the Ministry and the Health Ministry shall include the data on a
geographical area of the implementation of strategic document, nature of the potential impact on the
environment and human health and the population likely to be affected.
4. Within 3 (three) days after registration of the screening application, the Ministry, the Health
Ministry and the planning authority shall publish submitted application and the concept of the strategic
document on their official websites, while the planning authority also ensures to put them on the notice
board of the relevant local authorities and/or representative bodies. Upon request, the Ministry, the
Health Ministry and the planning authority shall provide paper copies of abovementioned
documentation in accordance with the existing legislationthem. Within 5 (five) days after publication
of screening application on the official websites and notice board, the public is entitled to submit
opinions and comments on the abovementioned documentation under the rule envisaged by Article
34, Paragraph 1 of this Code . The Ministry reviews received opinions and comments and takes them
in due account in decision-making process.
5. No earlier than 10 (ten) and not later than 15 (fifteen) days after registration of the application in
accordance with Paragraph 2 of this Article the Ministry and the Health Ministry reviews the concept
of the strategic document submitted by the planning authority in accordance with Paragraph 2 of this
Article and takes decision whether the strategic document is subject to SEA.
6. The Ministry and Health Ministry shall take the decision whether the concept of strategic document
is subject to SEA based on the following criteria:
A) The characteristics of the strategic document, in particular:
aa) the degree to which the strategic document sets a framework for future development
projects considering their location, nature, size and operating conditions or allocating
natural resources;
ab) the degree to which the strategic document influences other strategic documents;
ac) the relevance of the strategic document for the integration of environmental
considerations in particular with a view to promoting sustainable development;
ad) environmental aspects related to strategic document;
ae) the importance of the strategic document for the implementation of environmental
legislation.
B) Nature of the effects and the characteristics of the area likely to be affected, in particular,
ba) the probability, duration, frequency and reversibility of the effects;
bb) the cumulative nature of the effects;
bc) the transboundary nature of the effects;
bd) the risks to human health or the environment;
be) the magnitude and spatial extent of the effects (geographical area and size of the
population likely to be affected);
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bf) the value and vulnerability of the area likely to be affected such as special natural
characteristics or cultural heritage, exceeded environmental quality standards or limit values, intensive
land-use;
bg) the effects on areas or landscapes which have a national or international protection
status, in particular the protected areas.
7. Additional description and thresholds of the screening criteria will be determined by technical
regulation “on Environmental Assessment”.
8. Within 5(five) days after completion of screening procedure, the Ministry and the Health Ministry
shall send their screening decision to the planning authority.
9. Within 5 (five) days after taking the screening decision, the Ministry, the Health Ministry and the
planning authority shall publish the decisions of the Ministry and the Health Ministry as well as
opinions and comments provided by the public on their official websites, while the planning authority
also ensures to put them on the notice board of the relevant local authorities and/or representative
bodies. Upon request, the Ministry, the Health Ministry and the planning authority shall provide paper
copies of abovementioned documentation in accordance with the existing legislation.
Article 24. Purpose of scoping
Purpose of scoping is:
a) to reveal the magnitude of the potential impact of the proposed strategic document on
the environment and human health;
b) to define reasonable and practical, including the best alternatives in terms of
environmental protection;
c) to inform the public on the proposed strategic document and respective alternatives of
measures and expected results envisaged by this document;
d) to reveal public interest in proposed strategic document;
e) to provide relevant information to the planning authority with the purpose to protect
resources for the preparation of the SEA report;
f) to determine the scope of the baseline and other information during SEA;
g) to reveal significant impact on protected areas, as well as areas and/or landscapes which
have the status of local and/or international importance;
h) to reveal likelihood of the transboundary impact on the environment.
Article 25. Scoping application and scoping report
1. With the purpose to receive the scoping opinion the planning authority, as early as possible and no
later than finalising a draft version of strategic document, shall submit to the Ministry and the Health
Ministry the scoping application together with the scoping report and the outline or an initial draft of
the strategic document. The planning authority shall publish this application and accompanied
documents on its web site.
2. The scoping application submitted in accordance with paragraph 1 of this Article shall include:
a) The information about the planning authority;
b) A brief description of the strategic document;
c) The information on the magnitude of likely impact on the environment and human health;
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d) The information on the likely impact and magnitude on the protected areas, as well as areas
and/or landscapes that have the status of local and/or international importance;
e) The information on the magnitude of potential transboundary impact on the environment and
public health.
f) The objectives and potential alternatives of measures envisaged by the strategic document,
including zero alternative;
g) The degree to which the strategic document sets a framework for projects and other activities,
either with regard to location, nature, size and operating conditions or by allocating natural
resources;
h) The types of environmental impacts to be examined and reported in the SEA report;
i)
The relationship of the strategic document with other existing or planned strategic
documents;
j)
The information on the baseline surveys and investigations which should be carried out
during the SEA and methods and criteria to be used for abovementioned surveys;
k) The information on the measures envisaged to prevent, reduce and offset any potential
adverse impact of implementing the strategic document;
l)
The information on the public likely to be affected by implementing the strategic document;
m) The information on those public authorities which are expected to provide opinions on the
strategic document within their competence.
3. The planning authority is entitled to submit to the Ministry and Health Ministry any other
information which will deem important for decision-making envisaged by Article 26 of this Code.
4. Within 3 (three) days after registration of the application, the Ministry, the Health Ministry and the
planning authority shall publish submitted application and attached documents on their official
websites, while the planning authority also ensures to put them on the notice board of the relevant
local authorities and/or representative bodies. Upon request, the Ministry, the Health Ministry and the
planning authority shall provide paper copies of abovementioned documentation in accordance with
the existing legislation.
5. Within 15 (fifteen) days after the publication of the application on the website the public is entitled
to submit opinions and comments with regard to the scoping application to the Ministry and Health
Ministry in accordance with the rule imposed by Article 34 paragraph 1 of this Code. The Ministry and
the Health Ministry shall review received opinions and comments and take them in due account in
decision-making process.
6. The Planning Authority is entitled to submit to the Ministry and the Health Ministry screening and
scoping applications at the same time. If the screening procedure reveals that the strategic document is
subject to SEA, the mentioned decision refers to the commencement of administrative procedures in
order to issue scoping opinion.
Article 26. Review and decision on scoping report
1. The Ministry and Health Ministry shall review the scoping application and accompanied documents
submitted by planning authority in accordance with the rules set forth in this Article and within their
competence issue the scoping opinion.
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2. No less than 20 (twenty) and no more than 25 (twenty five) days after registration of the scoping
application the Ministry and the Health Ministry shall issue the scoping opinion. The scoping opinion
shall include the assessment of the information presented in the scoping report and shall determine the
information needed to be obtained and studied for SEA and the manner in which this information will
be presented in the SEA report.
3. Within 5 (five) days after issuance of the scoping opinion, the Ministry and the Health Ministry shall
send the scoping opinion issued in accordance with Paragraph 2 of this Article to the planning
authority.
4. Within 5 (five) days after issuance of the scoping opinion, the Ministry, the Health Ministry and the
planning authority shall publish it on their official websites, while the planning authority also ensures
to put it on the notice board of the relevant local authorities and/or representative bodies. Upon
request, the Ministry, the Health Ministry and the planning authority shall provide paper copies of the
scoping opinion in accordance with the existing legislation.
5. If the planning authority shall not submit the SEA report together with the draft strategic document
to the Ministry and the Health Ministry within 5 years, the approved scoping opinion becomes invalid.
Article 27. SEA report
1. The planning authority submits the application to the Ministry and Health Ministry together with
the SEA report and the draft strategic document. Within 3 (three) days after registration of the
application, the Ministry, the Health Ministry and the planning authority shall publish submitted
application and attached documents on their official websites, while the planning authority also
ensures to put them on the notice board of the relevant local authorities and/or representative bodies.
Upon request, the Ministry, the Health Ministry and the planning authority shall provide paper copies
of abovementioned documentation in accordance with the existing legislation.
2. The SEA application shall also include the information on time, venue and the rules of the public
hearing, which are approved by the Minister.
3. The SEA report shall include:
a) the content and the main objectives of the strategic document and its relationship with
other relevant strategic documents;
b) the assessment of the current state of the environment and human health and the likely
evolution thereof without implementation of the strategic document;
c) the assessment of the environmental and human health caracteristics in areas likely to
be significantly affected;
d) the environmental, including health, objectives established at international, national
and local level which are relevant to the strategic document and the ways in which
these objectives and other environmental, including health, considerations have been
taken into account during its preparation;
e) the information on the likely significant effects on the environment of implementing
the strategic document;
f) the information on the difficulties encountered in providing the information, including
the identified technical uncertainties and/or lack of scientific research knowledge;
g) the information on the likely significant transboundary impact on the environmental,
if applicable;
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h) the analysis of the measures to prevent, reduce or mitigate any significant adverse
effects on the environment and human health of implementing the strategic document;
i) the justification of the reasons for selecting the alternatives dealt with;
j) the measures envisaged for monitoring of implementing the strategic document and
conditions of reporting ;
k) the non-technical summary of the SEA report.
4. The SEA report shall be in compliance with the content of the strategic document.
5. Methods used for the preparation of the SEA report and the level of detail of the draft strategic
document shall match the approved scoping report.
6. Within 5 (five) days after registration of the application submitted by the planning authority in
accordance with Paragraph 1 of this Article, the Ministry shall set up an expert commission in
accordance with the rule imposed by the Chapter VI of this Code with the purpose to review the SEA
report.
The expert commission shall submit the expert conclusion to the Ministry within 40 (forty) days.
7. Within the timeframes determined by the Paragraph 2 of this Article the planning authority shall
organize the public hearing with involvement of the Ministry and the Health Ministry. Within 40 days
after the application is published in accordance with the Paragraph 1 of this Article, the public is
entitled to submit opinions and comments with regard to the SEA report under the rule envisaged by
Article 34, Paragraph 1 of this Code. The Ministry reviews received opinions and comments and takes
them in due account in decision-making process.
8. The planning authority shall publish information on time, place and rules of the public hearing of
the SEA report in accordance with the rules and means imposed by Chapter IV of this Code no later
than 30 (thirty) days prior to organizing the public hearing.
9. Within 5(five) days after the public hearing, the planning authority is shall prepare a protocol of the
results of the SEA public hearing. The protocol shall reflect in detail all comments and opinions
presented during the SEA public hearing. The protocol shall be signed by the planning authority which
is responsible for its correctness. Within 5 (five) days after preparing the protocol of the SEA public
hearing the planning authority shall submit it to the Ministry and the Health Ministry.
10. No less than 51 (fifty one) and no more than 55 (fifty five) days after registration of the application
envisaged by Paragraph 1 of this Article, Ministry and the Health Ministry shall issue the
recommendations related to the SEA report and the strategic document. Within 5 days after issuance
of the recommendations, The Ministry and the Health Ministry shall send them to the planning
authority.
11. Within 5 (five) days after adopting the recommendations, the Ministry, the Health Ministry and
the planning authority shall publish the SEA report and the recommendations on the strategic
document issued in accordance with Paragraph 10 of this Article on their official websites, while the
planning authority also ensures to put them on the notice board of the relevant local authorities and/or
representative bodies. Upon request, the Ministry, the Health Ministry and the planning authority shall
provide paper copies of the SEA report and the recommendations on the strategic document in
accordance with the existing legislation.
12. In case if the strategic document will not be approved/adopted within 10 (ten) years after issuance
of the recommendations, the planning authority is obliged to carry out the procedures determined by
this Chapter again.
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Article 28. Adoption/approval of strategic document
1. The adoption/approval of the strategic document is possible only after issuing the recommendations
on the draft strategic document and the SEA report by the Ministry and Health Ministry.
2. If the recommendations issued by the Ministry and Health Ministry are negative, the planning
authority shall ensure to hold further consultations with the Ministry and Health Ministry.
3. Prior to adoption/approval of the strategic document the planning authority shall take a due account
of:
a) the recommendations of the Ministry and the Health Ministry on the draft strategic
document and the SEA report;
b) the conclusions provided in the respective strategic environmental assessment report;
c) the opinions and comments submitted by the public.
4. In case of strategic documents for which the procedure of transboundary environmental impact
assessment has been carried out in the process of the SEA for taking the decision on adoption/approval
of the strategic document, the results of abovementioned procedure shall be considered.
5. The decision to adopt/approve strategic document shall be accompanied by the explanation how the
due account was taken of:
a) the results of public hearing and the opinions and comments submitted by the public;
b) the conclusions of the SEA report;
c) the recommendation of the Ministry and the Health Ministry;
d) the results of transbaoundary environmental impact assessment procedure, if
applicable;
e) planned monitoring and reporting measures envisaged by the recommendations of the
Ministry, in case of implementing strategic document.
6. The planning authority shall publish the decision on adoption/approval of the strategic document on
its official website as well as on the notice board of the relevant local authorities and/or representative
bodies and shall send it to the Ministry and Health Ministry within 3 (three) days after its adoption.
7. Within 3 (three) days after sending the decision on adoption/approval of the strategic document by
the planning authority, the Ministry and the Health Ministry shall publish it on their official websites
and upon request shall ensure the availability of paper copies of abovementioned decision in accordance
with the existing legislation.
Article 29. Monitoring of the implementation of strategic document
The Ministry ensures monitoring of adverse environmental impacts of implementing the strategic
document and with the purpose to inform the public publishes the results of monitoring on its official
website.
Chapter IV. Public participation in decision-making process
Article 30. Right to participate
1. The public shall have the right to participate in decision-making processes envisaged by this Code.
2. Public participation shall be ensured:
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a) in the process of decision-making on those projects, which are subject to EIA;
b) in the process of decision-making on those strategic documents, which are subject to
SEA;
c) in the process of conducting transboundary environmental impact assessment
procedures;
d) in other cases envisaged by the existing legislation, including the review process of
the documents regarding the management of protected areas, promotion of
environmental education or any other startegic docuents related to the environment
which are not subject to SEA;
Article 31. Obligations of public authorities
Public authorities responsible for decision-making processes envisaged by this Code are obliged:
a) to ensure participation of the public in respective decision-making at the early stage when
all options are open and effective public participation can take place, in accordance with
this Chapter;
b) to inform the public in an effective, timely and adequate manner about the commencement
of the administrative procedure envisaged by this code and possibilites to participate in it;
c) to provide the public with the possibilities to access the documentation envisaged this
Code;
d) to provide the public with the possibilities to participate in the public hearing and to
submit their opinions and comments;
e) to ensure that the due account is taken of the comments and opinions submitted by the
public as well as the results of public participation in decision-making and that the public
is informed about the decision and has the posibilites to acess it in accordance with the
exiting legislation.
Article 32. Informing the public
1. Public announcement shall be placed:
a) at the publicly accessible physical notice board and the websites of the public authority
and Ministry envisaged by this Code;
b) in a newspaper, which is widely spread in the geographical scope of likely affected
teritory and is available for the majority of the public concerned;
c) on the notice boards and/or websites of relevant local executive and/or representative
bodies, as well as the places widely used for information desimination, such as notice
boards of public bus stops, kindergartens, schools, commercial centers, postal offices
and other public areas;
d) in the nearest public place in vicinity of the proposed project o strategic document, in
case of projects subject to EIA or strategic documents subject to SEA;
2. Public announcement shall include information on:
e) the subject matter of the respective decision-making in accordance with this Code;
25
f) the authority competent to issue the decision;
g) the means to access the documentation enviseged by this Code, as well as the place and
address where these documents are available for review;
h) the possibilities to participate in the public hearing and to submit views and
considerations;
i) the respective transbaoundary environmental impact assesment procedure , if aplicable;
j) any other data enviseged bythis Code which is deemed necessary to facilitate efective
public participation.
3. The timing of placing the public announcement, shall be defined in the manner to ensure an effective
public participation.
Article 33.Public access to information
1.Upon request the public authority responsible for decision-making envisiged by this Code, shall
ensure the availability of all public information relevant to respective decision-making in accordance
with the existing legislation.
2. The public autority responsible for decision-making enviseged by this Code determines the scope of
the information which is deemed necessary for an effective public participation and in accordance with
the existing legislation ensures:
a. publishment of this information on the official website of the Ministry;
b. availability of paper copies.
Article 34. Submission of opinions and comments and public hearing
1. The opinons and comments may be submitted to the public authority responsible for decisionmaking in the following form:
a) in written form
b) verbally, including at the hearing
c) using the means of electronic communications
1. The public shall be informed about the rules, aims, time and venue of the public hearing and
the possibility to receive needed documents. The public hearing is open to the public and any
person has a right to participate in it.
2. The rules of the public hearing is determined by the subordinate normative act of the Minister.
Article 35. Consideration of public participation results
1. Public authority responsible for decision-making determined by this Code, shall review all
opinions and comments provided by the public and shall take a due account of the results of public
participation in the respective justification of the decision envisaged by this Code.
2. After taking the decision enviseged by this Code, the public authority shall duely inform the public
on the taken decioson in accordance with the means and rules imposed by this Chapter.
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Article 36. Appellation of the decision
Any representative of the public has the right to appeal the decision of the public authority relevant to
this Code in case if he/she/it considers that the public authority did not his/her/its participation in
decision-making process determined by this Code, or otherwise violated the requirements of the
existing legislation.
Chapter V. Transbaounday environmental impact assessment procedures
Article 37. Projects and strategic documents subject to transboundary environmental impact assessment
procedure
1. The transboundary environmental impact assessment procedure shall be carried out if:
a) Projects subject to EIA, to be implemented in Georgia, may have a significant transboundary
environmental impact;
b) Strategic document, to be implemented in Georgia, may have a significant transboundary
environmental impact;
c) Proposed project or the strategic document to be implemented outside the territory of
Georgia, may have a significant transboundary environmental impact on the territory of
Georgia.
2. The Ministry has overall responsibility for conducting transboundary environmental impact
assessment procedure.
3. The Ministry is obliged to make all documents related to transbaoundary environmental impact
assessment procedure publicly available in accordance with the rules imposed by Chapetr IV of this
Code.
Article 38. Transboundary impact assessment procedures
1. If the implementation of a planned project or a strategic document indicates likelihood of
transboundary environmental impact identified by the developer, the planning authority, the
Ministry or the country likely to be affected by, the Government of Georgia with the application of
the Ministry shall issue an individual administrative legal act on commencement of transboundary
environmental impact assessment procedure which envisages the obligation of the developer or the
planning authority to submit a relevant application and accompanied documents translated and
notary certified into the language of the country likely to be affected and the timeframe defined by
Paragraph 2 of this Article. Prior to submitting the documents translated by the developer or by the
planning authority in accordance with the existing legislation, the Minister takes a decision on the
suspention of the administrative procedure based on the same decision of the Government of Georgia.
2. Upon submission of documents translated by the developer or the planning authority, the Ministry
via the Ministry of Foreign Affairs of Georgia shall send translated documents within 7 (seven) days
to the country likely to be affected by and notifies the reasonable timeframe determined based on the
decision of the Government of Georgia within which a response is required whether they intend to
participate in transboundary environmental impact assessment procedure.
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3. If neither of the countries notified express an interest to participate in transboundary
environmental impact assessment procedure within the timeframe specified in the notification, the
Minister shall issue an individual administrative legal act on termination of the transboundary
environmental impact assessment procedure and continuation of the EIA or the SEA procedure upon
the approval of the Government.
4. If any of the countries notified express an interest to participate in transboundary environmental
impact assessment procedure, within one month after expression of interest the Government of
Georgian with the application of the Ministry shall take the decision on commencement of
transboundary environmental impact assessment procedure, which shall include the information on
the forms of exchanging data, the timeframes for holding further consultations and the respective
stages of transboundary environmental impact assessment procedure.
Article 39. Obligations and rights of the developer and the planning authority in the transboundary
procedure
1. The developer and/or the planning authority is responsible for:
a) indicating the likelihood of transboundary environmental impact in the application of
screening or scoping;
b) Assuring proper assessment of potential transboundary environmental impact in EIA and
SEA Reports;
c) Providing proper translation and notary certification of translated documents;
d) Providing proper translation during the public hearing in case of the foreign public;
e) Providing assistance to the Ministry in conducting transboundary environmental impact
assessment procedure, if necessary;
f) Ensuring consideration of transbaoundary environmental impact assessment procedure in
scoping, EIA or SEA reports and/or strategic document.
2. The developer and/or the planning authority have the right to get involved at any stage of
transboundary procedure.
3. The Planning Authority shall provide the expenses related to the conduction of transboundary
environmental impact assessment procedure.
Article 40. Inclusion of the transboundary procedure into the Environmental Impact Assessment and
Strategic Environmental Assessment procedures
1. Following the consultations on the transboundary environmental impact assessment procedure
with the foreign country the Ministry shall:
a) Impose the obligation of the developer or the planning authority to reflect the results of
transboundary environmental impact assessment procedure in the scoping report;
b) Indicate the respective parts of EIA or SEA reports to be translated into the language of an
affected country;
c) Ensure consideration of consultation results in issuing the Environmental Decision.
d) Ensure consideration of consultation results in issuing the recommendations on the strategic
document.
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2. The developer or the planning authority shall ensure that the Environmental Decision or the
recommendations on the strategic document, which requires transboundary environmental impact
assessment procedure, are translated in relevant language within one month after their issuance and
send to the Ministry, which shall forward them via the Ministry of Foreign Affairs to the country that
participated in the respective transboundary environmental impact assessment procedure.
3. The developer/planning authority is obliged to translate the results of the post-project
analysis/monitoring of the implementation of the project or the strategic document subject to
transboundary environmental impact assessment procedure in a relevant language and submit the
results to the Ministry, which shall forward them via the Ministry of Foreign Affairs to the country
that participated in the respective transboundary environmental impact assessment procedure.
Article 41. Transboundary procedures for projects and strategic documents initiated outside of Georgia
1. The Ministry is entitled to involve in the transbaoundary environmental impact assessment
procedure, if it receives notification from the foreign country on the potential transboundary
environmental impact of the implementation of the project or the strategic document on the territory
of Georgia.
2. The Government of Georgia, with the application of the Ministry, commences transboundary
environmental impact assessment procedure, if there are reasonable grounds to suspect that the
project or the strategic document to be implemented in another country, might have transboundary
environmental impact on the territory of Georgia and no notification was received about that from
the foreign country.
3. After commencement of the transboundary environmental impact assessment procedure, the
Ministry based on the decision of the Government of Georgia, shall hold the consultations with the
country, where the project or strategic document is planned to be implemented.
4. Following the consultations with the foreign country, the Ministry ensures to inform the public
and the local municipality of that teritory, which might be affected by a proposed project or strategic
document. The public shall be informed in accordance with Chapter IV of this Code.
5. The expenses related to informing the public and the local municipality shall be provided by the
Ministry, unless the results of transbaoundary environmental impact assessment procedure provides
otherwise
Chapter VI. Expert commission and Liability in the field of Environmental Assessment
Article 42. Composition of expert commission
1. With the purpose to conduct the ecological expertise procedure determined by this Code, the
Ministry shall set up the expert commission for each particular case.
2. The expert commission consists of experts.
3. Considering the specificity of a planned project or strategic document, the Ministry has the right to
invite a foreign expert (physical or legal entity) or a stateless person in expert commission.
Article 43. Functions, rights and obligations of expert commission
1. Functions of the Expert Commission include:
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a) Preparation of an ecological expertise conclusion on EIA or SEA Reports;
b) Carrying out expertise on the report of ecological audit;
c) Carrying out other activities according to the existing legislation.
2. Members of the expert commission are entitled to study and examine the territory of the existing
project, planned project or proposed strategic document. The developer/the planning authority is
obliged to ensure unimpeded movement of experts on this territory,
3. Within its competence, the expert commission has right to receive the information free of charge
from any public authority unless the existing legislation provides otherwise.
4. Results of expert commission work shall be reflected in the conclusion of expert commission, which
is prepared by expert commission and signed by the chairman and other members of the commission.
Article 44. Control on compliance with conditions set by Environmental Decision and decision on
continuation of the existing project
Control on the compliance with the conditions set by the Environmental Decision and the decision on
continuation of the existing project is carried out on the basis of selective inspection by the supervisory
body in the field of environmental protection and use of natural resources in accordance with the
existing legislation.
Article 45.Non-compliance with the conditions of Environmental Decision
1. Failure to comply with the conditions of the Environmental Decision will result in fining of the
developer, under the rules determined by the existing legislation. After imposing administrative fine,
the Ministry determines a reasonable timeframe for complying with the conditions of the
Environmental Decision.
2. Despite of imposing the fine envisaged by Paragraph 1 of this Article, failure to comply with the
conditions of the Environmental Decision within determined term shall result in triplication of the
imposed fine. While imposing fine, the reasonable timeframe and terms will be determined for the
Developer to comply with the relevant conditions envisaged by the Environmental Decision.
3. After expiring the reasonable timeframe determined from imposing the tripled fine, the amount of
the imposed fine will be tripled again, if the Developer fails to comply with conditions of the
Environmental Decision.
4. If despite of imposing the fines under Paragraphs 1-3 of this Article, the developer fails to comply
with conditions of the Environmental Decision, the Ministry will repeal the Environmental Decision.
Article 46. Liability for violating the existing legislation in the field of environmental assessment
The liability for violating the requirements of the existing legislation in the field of environmental is
determined by this Code and the existing legislation.
Chapter Seven. Transitional and concluding provisions
Article 47. The Rule on taking the decision on continuation of the existing project
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1. On projects (except of existing dumps identified under the Waste Management Code) subject to
ecological expertise envisaged by Paragraph 1, Article 4 of the Law of Georgia on Environment Impact
Permit, implementation of which has started before enactment of this Code and does not have the
environmental impact permit, the Ministry shall adopt the relevant decision for continuation of the
existing project in accordance with the procedures imposed by this article.
2. In case envisaged by Paragraph 1 of this Article, the developer shall apply to the Ministry until 1
June, 2019 to obtain the decision on continuation of the existing project.
3. In the case envisaged by Paragraph 1 of this Article, with the purpose to obtain the decision on
continuation of the existing project, the developer shall apply to the Minsitry and submit, the ecological
audit report, as well as the plan of the mitigation measures of the existing project on the envioronment.
The application shall also include the information on the confidential part of submitted
documentations. The developer is obliged to submit to the Ministry the full scheme of technological
cycle, even if the project consists of commercial and/or state secret.
4. The rule of preparing the Ecological Audit report and taking the decision on continuation of the the
existing project is determined by the order of the Minister.
5. The developer shall cover the expenses of the ecological audit procedure.
6. Upon registration of the documentation envisaged by Paragraph 3 of this article, the Ministry shall
publish them on its official website with the purpose to involve public and get relevant considerations.
7. Within 30 (thirty) calendar days after publication of the information on its official website in
accordance with Paragraph 3 of this Article, the Ministry shall review comments and views provided
by the public in a written form, and on the 40th day from the publication of the documentation on its
official website shall organize the public hearing.
8. In order to take the decision on continuation of the existing project, the Ministry shall carries out
expertise on each particular case.
9. With the purposes to carry out the procedures envisaged by Paragraph 8 of this Article, the expert
comission shall be set up by the order of the Minister.
10. During taking the decision on continuation of the existing project, the Ministry shall ensure to take
the due account of the reasoned written comments and opinions submitted by the public.
11. In case of desragard of submitted comments and opinions envisaged by Paragraph 10 of this Article,
the Ministry shall communicate the justified decision to the interested individual.
12. In order to take the decision on continuation of the existing project, the timeframes of the plan of
environmental impact mitigation measures shall be set by the Ministry for each individual case, based
on the conclusion of expertise.
13. No less than 50 days and not more than 60 days after registration of the respective application, the
Ministry shall take the decision on continuation of the existing project based on the expertise
conclusion, which shall be approved by the order of the Minister.
14. The developer who applies to the Ministry to obtain the decision on continuation of the existing
project fails to satisfy the existing environmental norms is obliged to comply with the conditions
imposed by the decision on continuation of the existing project within the timeframes defined by the
plan.
15. If the developer fully complies with the conditions imposed by the decision on continuation of the
existing project within the timeframes defined by the plan, is entitled to apply to the Ministry to obtain
the Environmental Decision. The Ministry issues an act on issuance of the Environmental Decision
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under the rule determined by the sub-legal normative act “on the Rule for Preparing the Ecological
Audit Report and Taking the Decision on Continuation of the Existing Project”.
16. Obtaining the decision on continuation of the existing project may not exempt the developer, either
before or after obtaining such decision, from the obligation to remediate the environmental damage
caused by the project.
17. Failure of the developer to comply with the conditions envisaged by the decision on continuation
of the existing project may result in imposing the fine on the developer in accordance with the rule
determined by the existing legislation. After imposing the administrative penalty the Ministry shall
determine reasonable timeframes for complying with the conditions envisaged by the decision on
continuation of the existing project as well as those conditions necessary to be fulfilled for
implementation of the specific activity.
18. In addition to imposition of the liability envisaged by Paragraph 17 of this Article, failure of the
developer to comply with the conditions imposed by the decision on continuation of the existing
project within determined timeframe shall result in triplication of the imposed fine. Upon imposition
of fine the reasonable timeframe and conditions shall be determined for the developer to comply with
the conditions envisaged by the decision on continuation of the existing project.
19. If after expiring the reasonable timeframe determined from the imposition of tripled fine the
developer fails to comply with the conditions envisaged by the decision on continuation of the existing
project, the imposed fine shall be tripled again.
20. If the developer, despite of imposition of the liability determined by Paragraph 17-19 of this Article
fails to comply with the conditions envisaged by the decision on continuation of the existing project,
the Ministry shall repeal the decision on continuation of the existing operating project.
Article 48. Measures related to the enactment of the code
1. The Ministry of Environment and Natural Resources Protection of Georgia shall ensure to review
the existing environmental technical regulations and submit to the Government of Georgia, no later
than January 1, 2018.
2. The Government of Georgia and the relevant bodies of the executive branch of government shall
ensure compliance of the relevant sub-legal normative acts with this Code no later than July 1, 2017.
Existing sub-legal normative acts remain in legal force until their amendment or abolition.
3. No later than November 1, 2017, the Government of Georgia, by submission of the Health Ministry,
shall issue the legal act required to ensure the competencies of the Health Ministry envisaged by this
Code.
3. No later than January 1, 2017, the Government of Georgia shall adopt the Technical regulation “on
Environmental Assessment”.
4. No later than June 1, 2017, the LEPL Oil and Gas State Agency of Georgia shall ensure to make
relevant amendments to the order N2 of the head of the LEPL Oil and Gas State Agency of Georgia on
“Approval of the National Regulatory Rules for Oil and Gas Operations” dated January 9, 2002 and
other legal acts, in order to align legislation regulating oil and gas operations with the procedures
envisaged by this Code.
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Article 49. Transitional Provisions
1. For the administrative procedures which are already commenced in accordance with the Law of
Georgia on Environmental Impact Permits, the Environmental Decisions are issued in accordance with
the rules existing before enactment of this Code.
2. The projects envisaged by Annexes I and II of this Code which are commenced before the enactment
of this Code, do not require Environmental Decision. The requirements imposed by the technical
regulations apply on these projects.
3. The relevant authorizing administrative legal acts issued in the field of environmental assessment
before enactment of this Code remain in legal force.
4. Those persons who have obtained the relevant authorizing administrative legal acts in the field of
environmental assessment before enactment of this Code, are obliged to apply to the Ministry to obtain
the Environmental Decision within 5 years after enactment of this Code. The Ministry shall issue the
Environmental Decision without paying the fee imposed by the existing legislation on the basis of
abovementioned authorizing administrative legal act.
5. Order of the Minister of Environment and Natural Resources Protection of Georgia N201 dated June
11, 2015 “on the Rule of Taking a Decision on Preparing an Ecological Audit Report and Continuation
of an Existing Project” remains in legal force until adopting the normative act envisaged by Paragraph
4, Article 47 of this Code.
Article 50. Conclusive provisions
After enactment of this Code the following laws shall be repealed:
a) The Law of Georgia on Environment Impact Permit (GLM, 47, 26/12/2007);
b) The Law of Georgia on Ecological Expertise (GLM, 47, 26/12/2007).
Article 51. Enactment of this Code
1. This Code enters into force on September 1, 2017, except for:
a) Chapter V of this Code and the norms of other chapters related to it;
b) Norms related to the competences of the Ministry of Health in Paragraph 3, Article 4
and Chapter III.
c) Articles 47-49 and Paragraph 4 of Article 51 of this Code.
2. The chapter V of this Code and other norms related to transboundary environmental impact
assessment procedures enter into force upon ratification of the Convention on “Environmental Impact
Assessment in a Transboundary Context” by the Parliament of Georgia.
3. The Norms related to the competencies of the Ministry of Health in Article 4, Paragraph 3 and
Chapter 3, enter into force on January 1, 2018.
4. The Articles 47-49 and Paragraph 4 of Article 51 of this Code enter into force upon publishment of
this Code.
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President of Georgia
Kutaisi
Giorgi Margvelashvili
Projects subject to EIA
ANNEX I PROJECTS
Note: the activities of the same content with different thresholds determined by I and II Annexes of
this code are subject to EIA in case of Annex I, while in case of Annex II they require the screening
procedure.
1. 1.1. Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil);
1.2. Liquefaction and/or gasification of 500 tonnes or more of coal or bituminous shale per day.
2. Construction and operation of thermal power stations and/or other combustion installations with a
heat output of 10 megawatts or more.
3. Construction of nuclear power stations or other nuclear reactors including the dismantling or
decommissioning of such power stations or reactors, except research installations for the production
and conversion of fissionable and fertile materials, nuclear fuel, whose maximum power does not
exceed 1 kilowatt continuous thermal load.
4. Installations designed:
4.1. for the production and/or enrichment of nuclear fuel;
4.2. for the processing of irradiated nuclear fuel or high-level radioactive waste;
4.3. for the final disposal of irradiated nuclear fuel in the sarcophagus;
4.4. for the storage (planned for more than 3 years) of irradiated nuclear fuels or radioactive waste in a
different site than the production site;
4.5. for the final disposal of radioactive waste in the sarcophagus.
5. Production of cast iron, steel and/or ferroalloy (including primary and/or secondary fusion).
6. Production of non-ferrous crude metals from ore, concentrates or secondary raw materials by
metallurgical, chemical or electrolytic processes, except jewelry production.
34
7. T Extraction of asbestos, the processing and/or transformation of asbestos and products containing
asbestos: for asbestos-cement products, with an annual production of more than 20 000 tonnes of
finished products, for friction material, with an annual production of more than 50 tonnes of finished
products, and for other uses of asbestos, utilization of more than 200 tonnes per year.
8. Chemical industry:
8.1. Production of basic organic chemicals;
8.2. Production of basic inorganic chemicals;
8.3. Production of phosphorous-, nitrogen- and/or potassium-based fertilizers (simple or compound
fertilizers);
8.4. Production of basic plant health products and/or of biocides;
8.5. Production of basic pharmaceutical products using a chemical or biological process.
8.6. Production of explosives.
9. Construction and operation of lines for long-distance railway traffic (overhead and/or underground).
10. Construction and operation of airports with a basic runway length of 1 200 m or more.
11. Construction of international and interstate roads.
12. Realignment and/or widening of an existing road, where such realigned and/or widened section of
road would be 5 km or more in a continuous length.
13. Construction and operation of tunnels and/or bridges on the international and interstate roads.
14. Construction of inland waterways and ports for inland-waterway traffic which permit the passage
of vessels of over 1 350 tonnes.
15. Construction of trading ports, piers for loading and unloading connected to land and outside ports
(excluding ferry piers) which can take vessels of over 1 350 tonnes.
16. Disposal, incineration and/or chemical treatment of hazardous waste.
17. Disposal, incineration and/or chemical treatment of non-hazardous waste with a capacity exceeding
100 tonnes per day.
18. Works for groundwater abstraction or artificial groundwater recharge where the annual volume of
water abstracted and recharged is equivalent to or exceeds 10 million cubic metres.
19. Works for the transfer of water resources between river basins except transfers of piped drinking
water:
19.1 where that transfer aims at preventing possible shortages of water and where the amount of
water transferred exceeds 20 million cubic metres/year;
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19.2 in all other cases, where the multi-annual average flow of the basin of abstraction exceeds 2
000 million cubic metres per year and where the amount of water transferred exceeds 5 % of that flow.
20. Urban waste water treatment plants with a capacity exceeding 50 000 population equivalent.
21. Construction and operation of dams and/or other installations designed for the holding back or
permanent storage of water, where a new or additional amount of water held back or stored exceeds
500 000 cubic metres.
22. Construction and operation of hydropower stations with a capacity of 50 megawatts and more.
23. Construction and operation of pipelines with a diameter of more than 800 mm and a length of more
than 40 km for the transport of gas, oil, chemicals, as well as carbon dioxide (CO2) streams for the
purposes of geological storage.
24. Farms for the intensive rearing of poultry or pigs with more than: 85 000 places for broilers and/or
60 000 places for hens; 10 000 places for production pigs (less than 30 kg) and/or 6 000 places for sows
(more than 30 kg).
25. The production of pulp from timber or similar fibrous materials with a production capacity
exceeding 200 tonnes per day.
26. Open-cast mining, where the surface of the site exceeds 25 hectares.
27. Peat extraction, where the surface of the site exceeds 150 hectares.
28. Construction of overhead and/or underground electrical power lines with a voltage of 220 kV or
more and a length of more than 15 km.
29. Construction and operation of storage for fossil fuels and/or chemical products with a capacity of
1 000 cubic metres or more.
30. Geological storage of carbon dioxide (CO2).
31. Extraction of carbon dioxide (CO2) where the total annual capture of CO2 is 1.5 megatonnes or
more.
ANNEX II PROJECTS
1. AGRICULTURE, SILVICULTURE AND AQUACULTURE
1.1.
Projects for the restructuring of rural land holdings to non-rural for 10 000 hectares
and more area;
36
1.2.
Projects for the use of uncultivated land or semi-natural areas for intensive agricultural
purposes on 10 000 hectares and more area;
1.3.
1.4.
Construction and operation of irrigation systems;
Initial afforestation of 500 hectares and more area and/or deforestation of 50 hectares
and more area for the purposes of conversion to another type of land use;
1.5.
Construction of farms with 1 000 or more places for the livestock;
1.6.
Intensive fish farming with a production capacity exceeding 40 tonnes of fish per year;
1.7.
Reclamation of land from the sea (formation of artificial island, peninsula and etc.).
2. EXTRACTIVE INDUSTRY AND DRILLING ACTIVITIES
2.1.
Open-cast mining or peat extraction, (except gravel send) where the area of extraction
exceeds 10 hectares;
2.2.
Underground mining and/or production (except, oil and natural gas extraction or
personal consumption of groundwater recourses);
2.3.
Extraction of minerals by marine dredging.
3. ENERGY INDUSTRY
3.1.
Combustion plants for the production of electricity with a capacity of 2 megawatt and
more;
3.2.
Industrial installations for the production of steam and hot water with a heat output of
more than 50 megawatt where the area of the development exceeds 0.5 hectares (except
oil and gas-related operations);
3.3.
Construction of pipelines for carrying steam and hot water with the length of 5 km and
more;
3.4.
Construction of overhead and/or underground electrical power lines with a voltage of
35 kV or more and electrical substation with a voltage of 110 kV or more;
3.5.
Construction and/or operation of underground and/or surface storage with a capacity
of 100 cubic metres or more for fossil fuels, combustible and/or natural gas;
3.6.
Industrial briquetting of coal and/or lignite;
3.7.
The processing and/or storage of radioactive waste;
3.8.
Construction and operation of hydropower stations with a capacity of 2 megawatts and
more;
3.9.
Installations for the harnessing of wind power and/or sea waves for energy production;
4. PRODUCTION AND PROCESSING OF METALS
4.1.
Smelting of pig iron or steel (for the purposes of production);
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4.2.
Processing of ferrous metals: hot-rolling mills, smitheries with hammers, application of
protective fused metal coats with a capacity of 50 tonnes and more per year;
4.3.
Smelting of non-ferrous metals, except precious metals, with a capacity of 20 tonnes
and more per year;
4.4.
Surface treatment of metals and/or plastic materials in a tank with a volume of more
than 10 cubic metres using an electrolytic or chemical process;
4.5.
Manufacture and assembly of motor vehicles and manufacture of motor-vehicle
engines;
4.6.
Shipbuilding;
4.7.
Construction of aircrafts;
4.8.
Swaging by explosives;
4.9.
Roasting and sintering of metallic ores.
5. MINERAL INDUSTRY
5.1.
Processing of minerals;
5.2.
Coking of coal;
5.3.
Manufacture of asphalt;
5.4.
Manufacture of cement, lime, gypsum and/or plaster;
5.5.
Production of asbestos and/or the manufacture of asbestos products;
5.6.
Manufacture of glass and/or glassware including glass fiber;
5.7.
Manufacture of ceramic clay (except traditional household production), as well as
ceramic products, in particular roofing tiles, bricks, refractory bricks, tiles or porcelain.
6. CHEMICAL INDUSTRY
6.1.
Treatment of intermediate products for production of chemicals;
6.2.
Production of pharmaceutical products, paints varnishes, peroxides, elastomers and/or
plastic material;
6.3.
Construction and operation of storage facilities for petroleum, petrochemical and/or
chemical products.
7. FOOD INDUSTRY
7.1.
Manufacture of vegetable and/or animal oils and fats with a production capacity of 30
000 tonnes and more;
7.2.
Canning of animal and/or vegetable products with a production capacity of 30 000
7.3.
tonnes and more;
Manufacture of dairy products with a production capacity exceeding 30 tonnes per day;
7.4.
Brewing and malting with a production capacity exceeding 150 tonnes per day;
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7.5.
Confectionery manufacture with a production capacity exceeding 3 tonnes per day;
7.6.
Construction and operation of slaughterhouses for 30 and more animals per day;
7.7.
Industrial manufacture of starch with a production capacity of 10 000 tonnes and more
per year;
7.8.
Processing of fish with a capacity exceeding 20 000 tonnes per year;
7.9.
Manufacture of sugar with capacity of 30 tonnes and more per day.
8. TEXTILE, LEATHER AND PAPER INDUSTRIES
8.1.
Production of paper and/or board with a production capacity of 10 tonnes and more;
8.2.
Pre-treatment (operations such as washing, bleaching, mercerization) and/or dyeing of
1 ton and more fibers and/or textiles;
8.3.
Tanning/processing of hides;
8.4.
Processing of cellulose.
9. INFRASTRUCTURE PROJECTS
9.1.
Industrial estate construction where the area of the development exceeds 10 hectares;
9.2.
Urban development projects where the area of the development exceeds 10 hectares,
including the construction of shopping centers and car parks for 1 000 and more cars;
9.3.
9.4.
Construction and operation of intermodal terminals and related railways;
Construction of airfields;
9.5.
Construction of harbors and related installations where the area of the development
exceeds 1 hectare;
9.6.
Construction of sewage system with the length of 2 km and more or construction of
sewage system where the development area of 5 and more hectare;
9.7.
9.8.
Inland-waterway construction;
Works for flood-relief;
9.9.
Construction of dams and/or other installations designed to hold water or store it on a
long-term basis where the amount of water hold and stored exceeds 10 000 cubic
metres;
9.10.
Construction of tramways and/or elevated railways used for passenger transport;
9.11.
Construction of pipelines with the length of more than 5km for the transport of oil, gas
or CO2 streams;
9.12.
Construction of long-distance aqueducts with the length of more than 5 km where the
area of the development is 1 hectare or more;
9.13.
Coastal work to combat erosion and/or maritime works capable of altering the coast
through the construction, for example, of dykes, moles, jetties and other sea defense
works, excluding the reconstruction works;
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10. OTHER PROJECTS
10.1.
Construction of permanent racing and test tracks for motorised vehicles where the area
10.2.
of the development is 15 hectare and more;
Disposal of waste;
10.3.
Recovery of waste, except preliminary processing of non-hazardous waste;
10.4.
Preliminary processing of hazardous waste;
10.5.
Construction of temporary storage facilities for more than 10 tones hazardous waste;
10.6.
Construction and operation of waste-water treatment plants;
10.7.
Construction and operation of storage facilities for sludge;
10.8.
Recovery or destruction of explosive substances;
11. TOURISM AND LEISURE
11.1.
Construction of ski runs and/or ski lifts where the area of the development is 5 hectare
and more;
11.2.
Construction of holiday villages including hotel complexes outside urban areas and
associated developments where the area of the development exceeds 10 hectares;
11.3.
Construction of permanent campsites and caravan sites where the area of the
development is 5 hectare and more;
11.4.
Construction of theme parks including amusement parks.
40