Legislation and International Conventions
According to Article 37 of the Constitution of Georgia of 1995 each citizen
"has the right to live in a healthy environment and use natural and cultural
surrounding. Everyone is obliged to take care of natural and cultural surrounding"
(item 3). "The state guarantees the protection of nature and the rational use
of it to ensure a healthy environment, corresponding to the ecological and economic
interests of society, and taking into account the interests of the current and
future generations" (item 4).
With the aim of implementing these provisions of the Constitution in view in
December 1996 the Parliament of Georgia adopted a law on Environmental Protection.
Thus, a legislative base was formed for working out and operating of a whole
number of environment protection laws and normative acts subject to law. The
Parliament of 1995-1999 convocation adopted 22 legislative normative acts on
environment and natural resources protection. These documents are worked out
on the basis of EU legislative acts, international conventions and the documents
adopted at the UN 1992 Rio-de-Janeiro Conference "Environment and Development"
and the Georgia's experience in the sphere.
According to the new legislation any use of nature is paid in Georgia. There
different taxes imposed which are regulated by the system of licenses and permissions.
Introduction of such a system should bring to minimum illegal extraction and
exploitation of state owned natural resources. For the first time the councils
are being formed adopting the final decisions on granting licenses or on any
disputable or problematic issues. The old Soviet legislation lacked such attitudes.
The new legislation provides availability of the existing information for the
society and the participation of its members in the process of decision-making.
The international agreements and contracts prevail over the national legislation
unless they oppose the Constitution of Georgia.
In the sphere of biodiversity protection the important international conventions
and agreements have already been ratified by the Parliament of Georgia or Georgia
will join them in the near future.
Convention on Biological Diversity
Georgia joined the Convention in 1994. After joining the Convention on Biological
Diversity the Georgian Ministry of Environment (GMoE) and NGO "International
Canter for the Recovery of Endangered Species" in partnership with the United
Nations Environment Programme (UNEP), implemented the Program "Georgian
Biodiversity Country Study ". The Materials of the Program on Georgia's
Biodiversity (1996) was published.
The World Bank (WB) financed the working out of the biodiversity protection
strategy and action plan. The process started in 1996.
Convention on Wetlands of International Importance Especially
as Waterfowl Habitat (Ramsar)
Georgia joined the Ramsar Convention in 1996. According to the Convention demands
there were the designated the territories in Georgia which were granted the
status of Wetlands of International Importance:
1. Wetlands of Central Kolkheti: in the Black Sea coastal zone central part,
at the river Rioni mouth, in Khobi, Lanchkhuti administrative districts and
on the subordinate to the City of Poti territory. It involves Churia, Nabada,
Pichora-Paliastomi marshes, Paliastomi Lake, adjacent to them territories and
the marine water.
2. Wetlands of Kobuleti (marsh Ispani II): is located in Achara Autonomous Republic,
at Kobuleti, in 1-km distance from the coast.
Georgian legislation on environment protection promotes the implementation of
the Ramsar Convention demands. Namely, a new law on the water
was adopted in 1997 with the aim of water resources protection and rational
use in view. It stresses greatest importance of all kinds of wetlands. The law
forbids their draining. The landowners are obliged not to allow or reduce the
influence of agricultural activities on the wetlands and should impede water
pollution with fertiliser and chemicals.
The implementation of Ramsar Convention is considerable promoted by the law
on "Establishment and Management of Kolkheti Protected Areas" being in effect
from January 1, 1999. The major goal of the law is to protect and restore natural
or changed territories of Kolkheti Wetlands. The system of protected areas of
Kolkheti completely involves Ramsar sites.
It should be mentioned that the GMoE co-ordinates the implementation of several
projects on protecting the wetlands by NGOs of Georgia. The Georgian Geoinformation
Centre "G.Info"(a predecessor of GRID-Tbilisi) supported by TACIS conducted
inventory of Wetlands of Kolkheti Lowland (1996). The Georgian Centre for the
Conservation of Wildlife conducted works to introduce Javakheti Plateau wetlands
into the Ramsar List.
Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES)
Georgia joined the CITES Convention on August 12, 1996. Like the other countries
of the convention Georgia should control import, export and re-export of the
species enlisted in the Convention appendices I, II and III.
Trade with the species of Appendix I is especially strictly regulated and is
permitted only in urgent cases. The CITES Convention Appendix I involves the
following species spread in Georgia: Atlantic sturgeon (cipenser sturio),
Valley viper (Vipera wrsinii), small curlew (Numenius tenuirostris),
vulture (Vulture gryphus), hillock eagle (Aguila heliaca), white-tailed
eagle (Haliaeetus albicilla), hawk (Falko peregrinus), otter (Lutra
lutra), bear (Ursus arcto S), wolf (Canis lupus).
Appendix II involves the following species spread in Georgia Galanthus
and Cyclamen species, Acipenser and Cetacea
species.
The import, export or re-export of species enlisted in the appendices are regulated
by relevant permission, certificates. Biodiversity protection department of
the GMoE is a responsible body in Georgia. At present Georgia conducts commercial
export only Galanthus species from those enlisted in the CITES appendices.
The national legislation required for implementing the CITES Convention demands
has not been worked out as of yet. The Convention service of the biodiversity
protection department has prepared the draft law on "international trade of
endangered wild fauna and flora species". The draft law is being discussed now.
Bonn Convention on Migratory Species (CMS)
In the near future Georgia will join the Bonn Convention. It is of great importance
as the country's territory is crossed by the migration paths of various species.
In addition, the areas of the major animal populations of Georgia are crossed
by the borders of neighbouring countries.
Georgia has concluded agreements on mutual co-operation in the environment protection
with three neighbouring states (Azerbaijan, Turkey, Armenia). The documents
foresee joint efforts in protecting biodiversity.
Law on System on Protected Areas
The parliament of Georgia adopted it in 1996. It is a fundamental legislative
base for forming a system of protected areas in compliance with new, international
standards. The law determined the following categories of the protected areas:
state reserve, national park, nature monument, managed nature reserve, protected
landscape, multiple use territory. In addition to national categories the law
stipulate formation of protected areas involved in the international network,
which as biosphere reservation, world heritage unit, wetlands of international
importance. According to the law reserves, national parks, nature monuments,
biosphere reservation are state-owned only. The other forms of ownership are
permitted only for the territories of multiple use and natural resources in
protected landscapes. The law determines the activities permitted within different
categories of protected area.
Law on Establishment and management of Kolkheti Protected
Areas
It is valid from January 1, 1999. Its main goals are to form a protected area
of Kolkheti and to regulate the management mechanism. The law promoted the formation
of the following categories of protected areas in Kolkheti: Kolkheti National
Park (44313 ha), Kobuleti State Natural Reserve (331,25 ha), Kobuleti District
Nature Reserve (438,75 ha), multi-access territories (support zone) of Kolkheti
and Kobuleti.
The law specifies in detail territorial-functional organisation of the protected
areas of Kolkheti, their management, status, use of natural resources within
these territories, describes permitted activities, also the mechanisms of control
and supervision.
Law on Fauna
It was in effect from December 25, 1996. It regulates protection of wild fauna
and the sphere of use. The objects of fauna in Georgia are state-owned. In addition
to wild fauna species protection, the law directly foresees their habitats immigration
paths, protection of places of multiply, provides sustainable use of wild fauna
and forms a legislative basis for its in-situ and ex-situ conservation.
The law determines two types of wild fauna use: general use - use of wild fauna
for aesthetic, recreation and other purposes, without withdrawing of fauna elements
from the environment. General use is free of change.
Special use - withdrawal of the fauna elements from natural environment, e.g.
fishing, hunting, gathering and so on. For this special use the GMoE compiles
lists of species, determines standards and issues licences. Except migrating
species of fowl sport and amateur hunting is permitted only in specially allotted
areas - hunting farms.
There should have been adopted 33 normative acts (subject to law) in connection
with the law on "fauna". At present 13 of them are operating which is an important
barrier for full-scale functioning of the law.
Laws on Environment Protection Permission and state
Ecological Expertise
They are adopted by the parliament of Georgia in 1996 and provide the protection
of species and habitats beyond of the protected areas borders. Environment protection
licence is granted depending on investor's planned activities influence on the
environment and its components. The licence is granted on the basis of relevant
procedures (activities of I category, evaluation of impact on the environment)
and conducted state ecological expertise. In case the activities may negatively
influence biodiversity, it can become the basis for a refusal to conduct these
activities. If the activities do not cause degradation of biodiversity and it
is possible to conduct measures to soften negative influence during the process
of activities, it is allowed to issue permission on condition the measures should
be conducted within relevant scales.
There are no standard requirements for evaluating the influence of the activities
on individual components of the environment. It is mainly determined by the
experts' conclusions. The participation of the population is provided in the
process of permission granting.
Code of Forestry
Over recent years Georgia faced the acute problems of forests illegal cutting
and of legal and illegal timber export. Code of Forestry of Georgia was adopted
by the parliament in June 1999. It considerably differs from the previous Code.
One of the most important changes is permission of all the forms of ownership
on forests. However, privatisation of forests in Georgia will be held only after
the relevant law as adopted (the law should be worked out by 2001).
Code of Forestry regulates forest use: timber cutting on the state forest
fund territory, producing of forest timber plant products and would secondary
materials. Use of non-timber resources is being conducted only on the basis
of relevant permissions (licence, agreement or ticket). Based on the forestry
materials such documents are issued by the state forestry department of Georgia.
The demands fixed by the law of Georgia on "environment permissions" are spread
on the forestry projects. The Code determines the forest fund categories in
a new way.
In addition to forest fund resources use, the Code of Forestry regulates legislative
relations in connection with forest maintenance, protection and restoration.
According to Article 46 of the Code the protection of forest biodiversity is
based on the international convention on biodiversity protection and the principles
of Georgian environment legislation.
In the opinion of many specialist and NGOs the system of forest resources management
determined by the Code of Forestry is not in compliance with the principles
of sustainable development, it is mainly orientated at use of forest with the
aim of exploitation. The latter may negatively influence forest biodiversity.
The Tax Code of Georgia
To function the principle of paid use of nature there was introduced in Georgia
from 1996 a tax on natural resources use. New articles were introduced into
Code of Taxation (Paragraph X) on taxing the use of arboreal resources of standing
wood of forest fund, and of flora and fauna resources.
The amount of tax for using these resources is determined by their market price
and amount of the resources withdrawn from the environment. A market price is
approved by the Ministry of Economy on the basis of recommendation from the
resource use licence council. The natural resource use licence specifies the
limit for withdrawing resources from the environment.
Responsibility for Violations of Environment Protection
Legislation
The responsibility for violating the environment protection legislation is determined
by the Georgian Codes of general administration and criminal law. General Administration
Code (Chapter VII) determines administrative legal violations in environment
protection and use of nature and the amount of penalties for various legal violation
according to the Code (Article 40), though paying the penalties does not free
the violators from reimbursing the incurred losses.
Code of Criminal Law (Chapter X) determines responsibility for crimes against
the rule of natural resources and environment protection: the criminal activity
is determined and corresponding penalty is determined.
Crimes are: illegal hunting, illegal fishing or catching of other life organisms.
The burden of penalty is growing if the illegal activities are conducted in
state reserve or strict nature reserve, in forbidden time or place or against
the species enlisted in "Red List" of Georgia.
Draft Laws
Some draft laws are in the process of discussion: on "state regulation in modern
biotechnological sphere", prepared by the GMoE, NGO "Elkana" Biological Farming
Association and has been submitted to the State Chancellery for discussing at
the governmental session. The GMoE is working out a draft law on "Red Book and
Red List of Endangered Wild Flora and Fauna", a draft law on "wild plants resources"
and so on.
© UNEP/GRID-Tbilisi, 2000
1, M. Alexidze St. Tbilisi, 380093, GEORGIA
Phone/Fax: (995-32) 942808
E-mail: grid@gridtb.caucasus.net
Last Updated: 24/02/2000