Georgian LawCode 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:

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1. Non-technical summary - a brief description of environmental impact assessment report or strategic environmental assessment report, which includes information on planning 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

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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.

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

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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.

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;

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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.

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

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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.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

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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 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.

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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. 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);

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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.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

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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 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;

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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 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;

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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;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;

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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;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

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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 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.

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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.

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

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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.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.

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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.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 decision-making 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

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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.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) Agricultureb) Forestryc) Fisheryd) Energye) Industryf) Transportg) Waste managementh) Water managementi) Electronic Communicationsj) Tourismk) 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

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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

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

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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); 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

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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;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;

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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.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.

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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;

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;

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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.

Article 28. Adoption/approval of strategic document

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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 documentThe 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.

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2. Public participation shall be ensured: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;

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2. Public announcement shall include information on:e) the subject matter of the respective decision-making in accordance

with this Code;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 decision-making in the following form:

a) in written formb) verbally, including at the hearingc) 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.

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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.

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

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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.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;

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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.

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

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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: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 projectControl 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.

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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

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.

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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 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

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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.

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).

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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.

President of Georgia Giorgi MargvelashviliKutaisi

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.

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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.

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.

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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; 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.

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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; 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. Construction and operation of irrigation systems; 1.4. 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 ACTIVITIES2.1. 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

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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); 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;

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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 tonnes and more;7.3. 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; 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;

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9.3. Construction and operation of intermodal terminals and related railways;

9.4. 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. Inland-waterway construction;9.8. 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;

10. OTHER PROJECTS 10.1. Construction of permanent racing and test tracks for motorised

vehicles where the area of the development is 15 hectare and more; 10.2. 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;

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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.

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