Order No. 193 of the Minister of Environmental Protection and Natural Resources regarding the procedure for carrying out state environmental audits

1 ssm 12.03.2007 N 32 art. 389) Is registered in the Ministry of Justice of Georgia The registration code 360.130.000.22.023.010.072 The order N 193 of the Minister of the Environment Preservation and Natural Resources March 6, 2007 Tbilisi On affirmation of the standing on “The procedure of conducting state ecological expertise” According to the article 4, paragraph 2 and article 6, paragraph 3 of the Georgian law on “The state ecological expertise”, and on the basis of the Georgian government determination 154 from September 1, 2005 on “Procedures and conditions concerning giving out a license on influence over the environment”, I order the following: 1. To affirm the enclosed standing on “The procedure of conducting state ecological expertise”. 2. To adopt the registration blank form for the independent expertise of the state ecological examination (expertise) in accordance with the appendix 1. 3. To adopt the form of the state ecological expertise conclusion in accordance with the appendix 2. 4. To declare invalid the order 85 of the minister of the Environment Preservation and Natural Resources of Georgia on “The procedure of conducting state ecological expertise” from August 14, 2003. 5. The given order to come into effect immediately on promulgation. D. Tkeshelashvili The standing on the procedure of conducting state ecological expertise Article 1. The subject of regulation for the standing on “The procedure of conducting state ecological expertise” The given standing regulates the social relations between the state authority bodies and the physical and juridical persons within the sphere of conducting the state ecological expertise procedure at the time of receiving permission about carrying out the definite activity on influence over the environment. Article 2. The goals of the standing The goals of the standing are as follows: a) To regulate relations between the body conducting the state ecological expertise, a person carrying out the activity and the independent experts in the process of reaching the decision about giving out the permission on influence over the environment. 2 b) To establish such procedure of the state ecological expertise that provides making objective and reasonable to the maximum environmental decisions about the planned activity. Article 3. The principles of procedure for conducting the state ecological expertise The state ecological expertise precedes giving out the permission on influence over the environment and is based on the following principles: a) Evaluation of the potential risk of ecological danger during the activity; b) Evaluative complexity of probable influence of the activity over the environment before beginning the given activity; c) Taking into account the environmental requirements and norms for preservation of the environment; d) Independence of the experts and unrestricted realization of their competence; e) Validity and legality of the expertise conclusion; f) Publicity of conducting the expertise and taking into consideration its opinions. Article 4. Definition of terms 1. “Evaluation of the influence over the environment” the procedure of studying and examination of the planned activity that aims at preservation of the separate elements of the environment, human being, also landscape and the cultural legacy; evaluation of the influence over the environment studies, reveals and describes the potential direct and indirect influence of the planned activity on the people’s health and security, plant cover and fauna, soil, air, water, climate, landscape, ecosystems and historic monuments or unity of all the listed above factors, among them influence of these factors on cultural values (legacy) and social and economic factors (for infrastructural projects). 2. “Activity” - the productive, economic or all other activities (among them construction works) subjected to evaluation of the influence over the environment including implementation of infrastractural plans, programs and projects, and also renewed technical equipment of the existent enterprise. 3. “A person carrying out the activity” - a physical or juridical person, also other organizational formation provided by the law currently in force (that is not a juridical person) that is the initiator of implementation the given activity and applies to the appropriate body in order to receive the permission on carrying out the definite activity subjected to evaluation of the influence over the environment. 4. “Permission on influence over the environment” - the right given within uncertain terms by the Ministry of the environment preservation and natural resources of Georgia (the Ministry below) according to the order and form provided by the legislation that is handed with the purpose of carrying out the definite activity and represents the legal basis for starting the given activity. 5. "Consultation firm" - a juridical person, which has the right to provide consultations in the sphere of the environment preservation according to the regulative charter. 6. "Standards for environment preservation" - the limits of influence over the environment caused by the certain activity that provide the ecological balance of the environment. With the mentioned above purpose the established qualitative standards of environmental state – admissible for the people’s health and nature milieu limited norms of concentration of noxious substances and quantity of microorganisms in atmosphere air, water and soil; admissible limited norms of noise, vibration, electromagnetic fields and other kinds of physical impact; admissible limited norms of radiation impact; - admissible limited norms for pollution of the environment with emission of noxious substances and microorganisms; utilization norms of chemicals in the environment; ecological requirement towards production; norms of loading the environment. 3 7. ”Renewed technological equipment” - renewal of the technology existent in the enterprise with the different technology that causes changing of the exploitation conditions. 8. “The state ecological expertise” - the necessary measure of environmental character, which is conducted in the process of reaching the decision about giving out the permission on influence over the environment concerning the definite activity. 9. “The body conducting the state ecological expertise” – the Ministry of environment preservation and natural resources of Georgia. 10. “The body giving out the permission on influence over the environment” – the Ministry of environment preservation and natural resources of Georgia (the Ministry - below). 11. “An independent expert” – a physical person working on the basis of the contract with the body giving out the permission on influence over the environment, participating in the mentioned above ecological expertise process who is not a public worker and is registered in the state ecological examination expert register according to the appropriate procedure. 12. “The expert register” – the informational bank concerning the professional and personal data of the independent experts elaborated by the body giving out the permission on influence over the environment; registration of the experts is obligatory in the mentioned above register; selection of the experts with the purpose of formation particular expert commissions is carried out according to the given register. 13. “ The project” - the documentation justifying the given activity at any stage of its processing. 14. "The expert conclusion" – the conclusion of the state ecological expertise about some particular directions and issues of substantiating documentation presented under discussion concerning the planned activity. 15. “ The conclusion of the state ecological examination expert commission” – the conclusion of the state ecological examination expert commission (commission conclusion – below) that is elaborated based on comparison of particular expert conclusions. 16 “A temporary expert – consultant” - the staff members of the body conducting the state ecological expertise or other state authority executive bodies functioning of which partially or fully covers the regulation of the activity subjected to the expertise. Article 5. The rights in the procedure sphere of the state ecological expertise 1. The body conducting the state ecological expertise has the right: a) To require from a person carrying out the definite activity the information and documentation necessary for comprehensive conduction of the state ecological expertise before carrying out the mentioned above procedure; b) To demand from the independent experts and expert – consultant the objective argumentation of their opinions and conclusions, also qualitative fulfillment of their duties provided by the current legislation within the established by the legislation terms; c) To raise a question concerning the interruption of further working relation with the independent experts and canceling their data in the mentioned above register in case of their unsatisfactory work; d) To discuss during the special council on evaluating influence over the environment the question of exemption of a person carrying out the definite activity from the procedure on evaluating influence over the environment in case of existence of the circumstances provided by the affirmed standing by the Georgian government determination 154 from September 1, 2005, article 6 on “affirmation of the standing on procedures and conditions concerning giving out a license on influence over the environment” and present the appropriate proposal to the Minister of environment preservation and natural resources of Georgia; 4 2. The independent experts invited by the body conducting the state ecological expertise have the right: a) To carry out all the procedures provided by the law with the purpose of comprehensive study of the submitted documentation; b) To conclude the reasonable negative or positive expert decision according their views, and in case of having the different from the expert commission opinion, fix the mentioned above opinion in the given commission conclusion; c) To require in the written form the maintenance of their confidentiality from the body conducting the state ecological expertise; 3. A person carrying out the activity has the right: a) To require providing confidentiality of technical, technological and commercial information submitted by him / her in the written form; b) To make a statement in the written form about his /her exemption from the procedure on evaluating influence over the environment in case of existence of the circumstances provided by the affirmed standing by the Georgian government determination 154, from September 1, 2005, article 6 on “Procedures and conditions concerning giving out a license on influence over the environment”. Article 6. The obligations in the sphere of conducting state ecological expertise 1. The body authorized to conduct the state ecological expertise is obligated of the following: a) To found the expert commissions with the purpose of conducting the state ecological expertise; b) To provide the expertise process with the necessary information; c) To register the independent experts and create their data base; 2. The independent expert, invited by the body conducting the state ecological expertise with the purpose of participation in the procedure of the state ecological expertise, is obligated of the following: a) To be familiarized with the legislative basis of the state ecological expertise, main principles and valid instructive – methodical documents concerning organization of the mentioned above procedure and its trend. b) To observe the regulative laws and by-law statutory acts, the terms of conducting the expertise; c) To provide objectivity, completeness of the conclusions, also preservation of the documentation and information materials handed to him / her or being in his / her possession, and, in case of need, maintain their confidentiality. d) To declare at the time of discussing the concrete activity project about impossibility of his / her participation in the expert commission according to the given standing, article 10, paragraph 4 in case of described circumstances. 3. A person carrying out the definite activity is obligated of the following: a) To present completely the documentation defined by the affirmed standing by the Georgian government determination 154 from September 1, 2005, article 4 on “affirmation of the standing on procedures and conditions concerning giving out a license on influence over the environment”. b) To present timely to the body conducting the state ecological expertise the necessary additional information with the purpose of conducting expertise procedure comprehensively. c) To follow the conditions of the state ecological expertise at the time of implementation of the activity. Article 7. The objects of the state ecological expertise 5 1. The activities subjected to state ecological expertise are provided by the affirmed standing by the Georgian government determination 154 from September 1, 2005, article 3 on “affirmation of the standing on procedures and conditions concerning giving out a license on influence over the environment”. 2. The object of the state ecological expertise represents the documentation justifying the definite activity at the different stages of its processing, also evaluation of influence over the environment. Article 8. The order and consecution of conducting the state ecological expertise procedure 1. Conduction of the state ecological expertise is provided after the submission of the complete documentation packet defined by the affirmed standing by the Georgian government determination 154 from September 1, 2005, article 4 on “affirmation of the standing on procedures and conditions concerning giving out a license on influence over the environment”. 2. The procedure of the state ecological expertise is conducted by the license and permission department at the Ministry of environment preservation and natural resources of Georgia. 3. The project documentation presented for the state ecological expertise according to the affirmed standing by the Georgian government determination 154 from September 1, 2005, article 4 on “affirmation of the standing on procedures and conditions concerning giving out a license on influence over the environment” should contain the report on “evaluation influence over the environment” elaborated in accordance with the affirmed by the order 59 from May 16, 2002 of the Georgian Minister of environment preservation and natural resources; requirements concerning the report, structure and plot provided by the standing on “evaluation influence over the environment” should be submitted in the volume that corresponds specificity of the concrete activity. 4. The state ecological expertise of the activity project documentation is conducted by the state ecological examination expert commission. The outcomes of the state ecological expertise are registered in the conclusion of the commission prepared by the state ecological examination expert commission and signed by the chairman of the commission. 5. The commission conclusion is included into the state ecological expertise conclusion that is signed by the chairman of the commission. Article 9. The terms of conducting the state ecological expertise procedure The terms of conducting the state ecological expertise procedure make up not less than 10 days and not more than 15 (fifteen) days. Article 10. Qualification requirements for independent experts, and their status 1. An independent expert represents a physical person registered by the Ministry according to the given standing, article 12 who: a) Has theoretic knowledge of the issue being under discussion; b) Has the practical experience in the appropriate sphere; c) Has the expert working experience; d) Has the skills of collective working, integrative discussion of the issues, and analyzing capacity; e) Has the skills of organizational working and is capable to perform the functions of the chairman of the expert commission. f) Satisfies the requirements established by the given standing. 6 2. The independent experts invited for conducting the state ecological expertise can be invited only on the basis of their consent. 3. After registering in the special register and concluding the working contract they get the status of independent experts of the state ecological expertise and perform their functions in accordance with the legislation currently in force and within the rights and obligations provided by the given standing. 4. Registration in the register for the independent experts of the state ecological expertise and further participation in the state ecological expertise procedure with the status of “independent expert” is prohibited for the persons who: a) Represent the responsible authoritative officials of the body conducting the state ecological expertise (the minister, the deputy minister, the heads of structural sub - departments of the ministry, leaders and deputies of the territorial bodies within the state sub - departmental institutions of the ministry and its system). b) Perform the duties of staff members within the state executive authoritative bodies, functioning of which partially or fully covers the regulation of the activity subjected to the expertise. c) Are the representatives of a person carrying out the definite activity; are participants of processing the project justifying documentation or are involved in the working relations with the persons carrying out the activity in some other form; d) Persons interested in the activity presented to the expertise in any other form. e) Are in close contact with the decision makers of the body conducting the state ecological expertise. 5. In case of need, based on the decision of the body providing the state ecological expertise and with the purpose of participation in the expertise procedure under the status of “temporary expert – consultant”, the body conducting the state ecological expertise can invite the following individuals: a) The staff members of the Ministry; b) Individuals performing the duties of those staff members of the state executive official bodies whose functioning partially or fully covers regulation of the activity subjected to the expertise. 6. Confirmation of those temporary expert – consultants who in case of need should be invited for the participation in the procedure of the state ecological expertise is carried out by the Minister order for the each concrete procedure. 7. The temporary expert – consultants perform their activity without receiving any compensation. Article 11. The expert register of the state ecological expertise 1 The expert register of the state ecological expertise represents information bank about the personal and professional data of the experts. 2. Registration of the independent experts in the expert register of the state ecological expertise and their dismissal is provided by the Minister order. 3. The expert register of the state ecological expertise is conducted by the license and permission department. 4. The information existent in the state ecological expertise register represents the public information apart from the existent personal data about the experts. The personal data of the experts existent in the state ecological expertise register are given at somebody's disposal only with the consent of the experts or in case provided by the legislation on the basis of the well founded court decision. 5. The register contains the following information about the expert: 7 a) The passport data, personal and contact telephone, fax, electronic mail; b) Data about education, academic degree, experience, also data concerning the appropriate identity documents (diploma, certificate and others); c) The working place and official responsibilities and duties; d) Participation in the state ecological expertise or other expert bodies; e) His / her working relations in the last or present period; 6. The register is periodically renewed. The register registration form includes the current information concerning the participation of the independent experts in the state ecological expertise. Article 12. Registration of the independent experts and criteria of their selection for the state ecological expertise procedure 1. The necessary precondition for the participation of the independent experts in the state ecological expertise is their registration in the expert register of the state ecological expertise. 2. The necessary condition for the registration is the consent of the expert concerning the participation in the state ecological expertise. 3. The expert registration is held by the ministerial order based on the written presentation of the head of the license and permission department. 4. Selection of the independent experts from the register for the project state ecological expertise is provided on the basis of the ministerial decision. 5. Based on the ministerial decision, the head of the license and permission department concludes an agreement with the independent expert. 6. The major criteria for selection of the independent experts from the register are as follows: a) The appropriate education and specialty relevant to the considered project; b) Knowledge of the activity specificity defined by the project; c) Experience for the consideration of the analogical projects; d) Having information about the appropriate norms and standards; e) Experience of participation in organizational, collective activity and involvement in other expertise; f) The capability of information analyzing, generalization and reaching objective conclusions; g) The skills of presenting the conclusion on the written form; h) Knowledge of the environmental legislation and legislative basis regulating the state ecological expertise; i) Having information about the best experience and practice on the issues concerning the expertise objects; j) Knowledge of location of the planned activity, skills of working with cartographical materials, computer skills, knowing foreign languages are desirable. 7. The working relations with the independent experts are regulated according to the Georgian labor legislation. Article 13. Composition and formation of the expert commission of the state ecological examination 1. ~ The expert commission of the state ecological examination” is formed for conducting each concrete state ecological expertise procedure of the activity project documentation provided by the legislation. 2. With the purpose of participation in the expert commission of the state ecological examination the following individuals can be invited: a) The independent experts. 8 b) The temporary expert - consultant. 3. The composition of the expert commission of the state ecological examination is confirmed by the administrative act of the Minister of environment preservation and natural resources of Georgia. 4. The expert commission of the state ecological examination should consist of not less than 5 and not more than 9 experts. 5. The concrete quantitative composition of the experts within the definite limits provided by the given article 4, is defined resulting from by the volume, complexity and specificity of the project documentation presented to the state ecological expertise. 6. After affirmation of the full staff of the state ecological examination expert commission, the experts choose the chairman of the expert commission. Article 14. The chairman of the state ecological examination expert commission The chairman of the expert commission manages the functioning of the state ecological examination and performs the following activitues: a) Coordinates the program and schedule of conducting the state ecological expertise with the body conducting the state ecological expertise; b) Determines necessity of invitation of the additional experts or consultants during the course of holding the expertise; c) Considers the possible disagreements occurring in the process of conducting the expertise; d) Coordinates directly preparation of the commission conclusion. Article 15. The functions of the state ecological examination expert commission 1. The functions of the state ecological examination expert commission are as follows: a) To carry out the complex analysis of interrelation of all the environmental components, natural resources and social and economic factors within the context of the implemented activity; b) To integrate the particular aspects of expert consideration and particular evaluation concerning the health state of the population, the conditions of its living, the qualitative and quantitative state of the natural environment and the social - economic development of the territory with the purpose of determination the expected influence caused by the consequences of the planned activity; c) To prepare the necessary information about the project documentation with purpose of reaching the decision. 2. The responsibility for appropriate organization and technical provision of the state ecological expertise is imposed on the body conducting the state ecological expertise. Article 16. The development of the state ecological expertise procedure The procedure of conducting the state ecological expertise consists of three stages: a) Preparatory - at the mentioned above stage the staff members of the body conducting the expertise: a.a) Verify the accordance of the submitted documentation with the requirements provided by the legislation; a.b) Formulate the tasks, limits and directions of the given expertise, determine the methodological and technical means of conducting the expertise, also the volume of expert work; a.c) Select the experts from the register according to the main directions and the criteria of choosing experts defined by the given standing; a.d) Conclude a working contract with the independent experts; 9 b) The main stage – the consideration of the documentation by the experts; during the process of consideration the following is ascertained: b.a) Justification of the methods chosen for the realization of the activity presented to the given expertise, purposefulness of the already made technical, technological, engineering and architectural – planning decisions from the environmental point of view, the complexity, rationality and etc. of natural, energetic resources and raw material utilization. b.b) Completeness of the determination of the ecological danger resulting from the revealed factors of influence over the environment and the scope of expected effect over the environment as a result of carrying out the definite activity; b.c) Sufficiency of the measures envisaged for providing requirements of the environmental legislation, avoiding emergency situations and liquidation of the probable consequences, and also softening the influence over the environment; b.d) The necessary operative and other kinds of controlling, monitoring and environmental management methods for ecological security, providing the qualitative state envisaged by the environmental normative standards at the time of implementation the definite activity; b.e) Objectivity of possibility evaluation concerning ecological danger of the waste produced at the time of technological process, its allocation and processing; b.f) Evaluation of the ecological risk caused by the implementation of the project; b.g) Discussion of the opinions expressed during the process of public participation and determination of the purposefulness concerning their inclusion into the expertise outcomes. c) The conclusive stage that covers: c.a) Preparation of the expert conclusions concerning the project documentation by the each expert and elaboration of the commission conclusion based on them; c.b) Ascertainment of the state ecological expertise conditions with the purpose of carrying out the definite activity, and the terms of its implementation; c.c) Making up “The state ecological expertise conclusion” and its appropriate designing. Article 17. The conclusion of the state ecological expertise 1. The conclusion of the state ecological expertise is given out by the body conducting the state ecological expertise. The conclusion of the state ecological expertise can be positive as well as negative. The positive conclusion of the state ecological expertise is given out if the substantiating documentation: a) Is in accordance with the Georgian legislation and the norms and standards of the environmental preservation acting on the territory of Georgia; b) The activity described in the conclusion and implemented in the definite place and circumstances does not cause irreversible qualitative and peculiar changes of the environmental state and natural resources; c) Takes into account and provides the measures for softening or avoiding influence over the environment, including the measures for liquidation the probable consequences of emergency situation. 2. The positive conclusion of the state ecological expertise represents one of the grounds for giving out the permission for the activity on influence over the environment. 3. The operation of the positive conclusion of the state ecological expertise is termless. 4. The conditions of the state ecological expertise conclusion represents obligatory requirement for a person carrying out the definite activity, the aim of which is to soften the influence over the environment at the time of implementation of the given activity. 5. The negative conclusion of the state ecological expertise is given out by the body conducting the expertise, if after entire studying of the submitted documentation it is ascertained that the planned activity in a whole cannot satisfy the defined by the given article, paragraph the first conditions or the significant part of them. 10 6. The negative conclusion of the state ecological expertise represents the grounds to refuse giving out the permission for the activity on influence over the environment. Article 18. The form of the state ecological expertise conclusion 1. “The conclusion of the state ecological expertise” represents the sheet folded in half of the 3 format (42X29) (In case of need, the conclusion can consist of appendix – one or several pages of the format A-4 (21X29) that should be sealed by the body conducting the expertise and signed by the responsible person). In case provided by the affirmed standing by the Georgian government determination 154 from September 1, 2005, article 3, paragraph 3 on “affirmation of the standing on procedures and conditions concerning giving out a license on influence over the environment”, the conclusion of the state ecological expertise is confirmed by the administrative act of the Minister of environment preservation and natural resources. 2. The conclusion is filled up in three copies, one is handed together with the permission on influence over the environment to a person carrying out the definite activity, the second copy remains with the body conducting the state ecological expertise, the third is sent to the state departmental institution of the Ministry of environment preservation and natural resources – the inspectorate of environment preservation. All three copies have the same registration number and are registered by the body performing the state ecological expertise. 3. The conclusion of the state ecological expertise consists of the following data: a) The registration number b) The name of the activity; c) The name of a person performing the activity and the address; d) The place of implementation of the activity; e) The date of submission of the statement; f) The data about the author of the project; g) The main projective decisions; h) The conditions of the state ecological expertise conclusion. i) The conclusion of the state ecological expertise; Article 19. The design of the state ecological expertise conclusion 1. “The conclusion of the state ecological expertise” is prepared by the commission of the state ecological expertise. 2. “The conclusion of the state ecological expertise” prepared by the state ecological expertise commission is signed by the commission chairman, after that “the conclusion of the state ecological expertise” is approved and affirmed. 3. In the case provided by the affirmed standing by the Georgian government determination 154 from September 1, 2005, article 3, paragraph 3 on “affirmation of the standing on procedures and conditions concerning giving out a license on influence over the environment” the conclusion of the state ecological expertise is affirmed by the Minister of the environment preservation and natural resources of Georgia and in the other case the conclusion of the state ecological expertise is assured by the head of the license and permission department at the Ministry of environment preservation and natural resources of Georgia. 4. After affirmation and assurance of the state ecological expertise conclusion, it receives the status of the state ecological expertise conclusion and becomes the ground for giving out the permission for the definite activity on influence over the environment. Article 20. Control over the implementation of the conditions of the state ecological expertise conclusion 11 Control over the implementation of the conditions of the state ecological expertise conclusion is carried out by the body conducting the state ecological expertise. Article 21. Protection of the information 1. At the time of conducting the state ecological expertise the information provided by the person carrying out the activity is used only concerning his / her activity at the time of consideration his / her activity project, represents his / her property and cannot be used in any other purposes without the written consent of the person carrying out the definite activity. 2. The independent experts and the officials of the body conducting the state ecological expertise are obligated not to use the information, which represents the property of a person carrying out the definite activity in any other purposes, not to give it to any other persons or the state authority official structures, if the mentioned above is not provided by the Georgian legislation. Otherwise their responsibility is considered in accordance with the provided procedure of the Georgian legislation. Article 22. Financing of the state ecological expertise The necessary expenses for the preparation and conducting the state ecological expertise are financed from the Georgian state budget. Article 23. The order of the compensation of the expert labor 1. Compensation of the independent expert labor for the particular expertise is defined by the amount of 150 GEL. 2. Compensation of the head of the expert commission labor for the particular expertise is defined by the amount of 180 GEL. AppendixN1 The independent expert registration blank of the state ecological expertise For the register 1. General data Name: Surname: Date of birth: ~ ” 19 The identity card (Passport) N Address: The contact telephone: 2. The professional data: The name of the graduated higher education institution The date of graduation: Specialty according to the diploma: Academic degree: 12 3. Professional experience (describe according to the profession and working place, also participation in the expert activities (among them ecological)): 4. The present place of work and position: The person responsible for conducting the register The independent expert The date of filling ~........”...................... 200..... ¨ Appendix 2 The head of the license and permission department (Name, surname) b.a. (Signature) The Ministry of the Environment Preservation and Natural Resources of Georgia Georgia, 0114, Tbilisi, G. Gulua str. 6, Tel: 27-57-00, 27-57-20, Fax: 27-57-37 The conclusion of the state ecological expertise on the project Tbilisi ~ ” 200 . I. The general data 1. The name of the activity 2. The name of the activity implementator and address 3. The place of implementation 13 4. The date of receiving the application 5. The data about the author of the project II. The main project decisions III. Conditions IV. Conclusion The chairman of the state ecological examination expert commission ” (Name, surname, signature)