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LAW OF GEORGIA

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LAW OF GEORGIA ...

    LAW OF GEORGIA

Amendments and supplements to the “Law of Georgia On Transit and

    Import of Waste Into and Out of the Territory of Georgia”

The Parliament of Georgia Resolves:

    1. On making amendments and supplements to the “law of Georgia On Transit and

    Import of Wastes Into and Out of the Territory of Georgia" of February 3, 1995, ("Parliamentary Bulletin", 1994 - 1995; ## 23 - 26, Artile 504) and develop in following wording:

    ,, Law of Georgia on Transit and Import of Waste Into and Out of the Territory of Georgia”

Article 1. Interpretation of main Definitions

    Main definitions used in this law have the following meaning unless there is the special reference in this law:

    a) ,,Basel Convention" - Basel Convention "On the Control of Transboundary

    Movements of Hazardous Wastes and their Disposal" of March 22, 1989.

    Commitment of Georgia on cooperation with European Communities in

    conformity with the provisions of fulfilling the legal aspects of Basel Convention

    envisaged in Covenant of April 22, 1996 "On Partnership and Cooperation, from

    one side concluded between EU and Member States and other side between

    Georgia" ratified by the Parliament of Georgia on September 4, 1996. b) ,,European Council Regulation # 259/93 of 1 993" - EEC regulation # 259/93 of

    February 1, I993 "On the supervision and control of shipments of wastes within,

    into and out of the European Community.

Article 2. Type of Wastes, those Transit and Import is Restricted

    1. It is restricted to transit and import army kind of waste all over the territory of Georgia including (its territorial waters, air space, continental shelves, and economically mostly important zones), if the present law does not contradict it. 2. All over the territory of Georgia including ( its territory waters, air space, continental shelves, and economically mostly including (its territorial waters, air space, continental shelves, and economically mostly zones) is restricted:

     a) transit and Import of dangerous waste (among them toxic) and radioactive of the production, household, and other types of waste their utilization, neutralization, treatment, land filling or any other purposes are restricted (including established

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disposal operations of Annex 4 of the Basel Convention).

     b) import of non - dangerous (among them non - toxic) and non - radioactive residue of the production, household, and other types of waste their utilization, neutralization, treatment, land filling or any other purposes are restricted which is envisaged in Section A of Annex 4 on (Waste Disposal Operations) of ,,Basel Convention".

Article 3. Type of Wastes, those Transit and Import is permitted

    1. Import of non - hazardous, (among them non - toxic) and non - radioactive wastes

    all over the territory of Georgia (including its territorial waters, continental shelves,

    and special economic zone) is permitted only for the purposes of their further

    recovering, re - exporting or other kind of operations envisaged in ,,Section B“ -

    contained in Annex IV (Disposal Operations) of Basel Convention. Those wastes

    are:

     Scrap of ferrous and non - ferrous metals, all type of paper waste, plastics (in case

    the availability of their recovery in Georgia), wastes from textile, pulp processing

    (sawdust, shaving) and glass. These wastes according to defined waste categories of

    the ,,Green list of wastes developed by the European Council Regulation # 259/ 93

    of 1993, belong to:

     a) Category "GA"(Wastes in non - dispersible form, contained of metal and their

    alloys; wastes in the form of dust, powder or slag, also subjects containing

    hazardous wastes in a liquid from does not belong to waste in on - dispersible form);

    b) Category "GH"(solid plastic wastes);

    c) Category "GI' (papers paperboard and paper product wastes);

    d) Category "GJ" (textile wastes);

    e) ,,GN 010 / ex 050200” of category "GN";

    f) Category "GL" (untreated cork and wood wastes);

    h) Category "GE" (glass waste in non - dispersible form);

    2. Import is permitted unless they meet requirements; either Georgian or the State of

    export, concerned by existing laws stringent would prevail

Article 4. Identification of Hazardous and Radioactive Wastes

    1. To radioactive wastes belong all kind of wastes (goods, materials substances and

    biological objects), contaminated by radioactive substances in such a rate which

    exist the permissible limits defined by the Georgian legislation.

    2. To hazardous wastes belong:

     a) Category of wastes to be controlled and requiring special consideration

    established by Annex I of Basel convention and characterized by hazardous

    properties defined by Annex III of the same convention;

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     b) Type of wastes defined by the "Amber List of wastes" and "Green List of

    wastes" of EU Council Regulation #259/93 of K 993.

    Article 5. Document to be provided for the Import and Export of' Wastes

    1. Wastes during the transit and import must be equipped with, special document

    defined by Georgian legislation, as well as information required by the Basel

    convention.

    2. During the transit and import of wastes from EU and DECD member states,

    documents must include the special forms envisaged by EC regulation #259/93 of

    993.

Article 6. Regulation of Transit and Import of Waste

    1. The transit and import of waste is regulated by the Customs of Georgia and other

    specially authorized state bodies.

    2. In the field of waste transit and import regulation the Ministry of Environment of

    Georgia is designated as a Competent Authority as it is defined by Article 2 of

    Basel Convention and Article 2 of EU Council Regulation #259/93 of 1993. 3. Regulating rule and procedure on Transit and Import of waste on the territory of

    Georgia is defined by the regulation "On rule and procedure for regulation of

    Transit and Import of waste into and out of the territory of Georgia "approved by

    the President of Georgia.

Article 7. Ecological Requirements for Wastes

    During the transit and import of wastes should be observed the ecological requirements established by Georgian Legislation, Article 34 of the Law "On Protection of the Environment" of 10 December, 1996, the Law ,,On Environmental Permits”) of l5

    October, 1996, Raw "On State Ecological Examination "of 15 October, 1996.

    Article 8. Liability for the Violation of the Law of Georgia "On Transit and Import of Wastes into and Out of the Territory of Georgia"

    The liability for the violation of this Law is defined by the Georgian Legislation.

Article 9. interim Regulations

    1. Until the approval of the regulation "On rule and procedure for regulation of Transit and Import of waste into and out of the territory of Georgia", defined by present Raw, the procedure amid rule for regulation (control) of transit and import of waste is defined by envisaged standards of Basel Convention and EU Council Regulation

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#259/93 of ][993.

    2. In case of absence or revocation of necessary permissible limits for the identification of the radioactive Waste defined by Georgian Legislation, the stringent standards of EU states will be adopted as the replacement.

    II. Since the present Law enters into force the Decree of the Parliament of Georgia of 8 February of 1995 ,,On Transit and Import of Waste Into and Out of the Republic of Georgia" is revoked (Parliamentary Bulletin 1994",1995, NN 23 - 26, Article 505).

    III. The present law comes into effect from the time of its promulgation.

President of Georgia

    E. Shevardnadze

Tbilisi

16 of October, 1997

    ANN1EX I

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    Categories of Substances To be regulated

    Waste Groups

    YI Clinical wastes from medical care in hospitals, medical centres and clinics Y2 Wastes from the production and preparation of pharmaceutical products Y3 Waste pharmaceuticals, drugs and medicines

    Y4 Wastes from the production, formulation and use ofbioddJes and

    phytopharmaceuticals

    Y5 Wastes from the manufacture, formulation and use of wood preserving chemicals Y6 Wastes from the production, formulation and use of organic solvents Y7 Wastes from heat treatment and tempering operations containing cyanides Y8 Waste mineral oils unfit for their originally intended use

    Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions

    Y10 Waste substances and articles containing or contaminated with polych]orinated

    biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated

    biphenyls (PBBs)

    Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treatment YI2 Wastes from production, formulation and use of inks, dyes, pigments, paints,

    lacquer varnish

    Y13 Wastes from production, formulation and use of resins, latex, plasticizers,

    glues/adhesives

    YI4 Waste chemical substances arising from research and development or teaching

    activities which are not identified and/or are new and whose effects on man and/or

    the environment are not known

    Y15 Wastes of an explosive nature not subject to other legislation YI6 Wastes from production, formulation and use of photographic chemicals and

    processing materials

    YI7 Wastes resulting from surface treatment of metals and plastics Y18 Residues arising from industrial waste disposal operations YI9 Metal carbonyls

    Y20 Beryllium; Beryllium compounds

    Y2I Hexavalent chromium compounds

    Y22 copper compounds

    Y23 Zinc compounds

    Y24 Arsenic; Arsenic compounds

    Y25 Selenium, Selenium compounds

    Y26 Cadmium;Cadmium compounds

    Y27 Antimony, antimony compounds

    Y28 Telurium; Telurium compounds

    Y29 Mercury; mercury compounds

    Y30 Thallium; Thallium compounds

    Y31 Lead, lead compounds

    Y32 Inorganic fluorine compounds excluding calcium fluoride

    Y33 Inorganic cyanides

    Y34 Acidic solutions or acids in solid form

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Y35 Basic solutions or bases in solid form

    Y36 Asbestos (dust and fibres)

    Y37 Organic phosphorous compounds

    Y38 Organic cyanides

    Y39 Phenols; phenol compounds nndudnng chlorophenols

    Y40 Ethers

    Y41 Halogenated organic solvents

    Y42 Organic solvents excluding halogenated solvents

    Y43 Any conge nor of polychlorinated dibenzo - furan

    Y 44 Any conge nor of polychlorinated dibenzo - p - dioxin

    Y4:5 Organohalogen compounds other than substances referred! to in this Annex (e.g. Y39, Y41, Y42, Y43, Y44).

    ANNEX II

CATEGORIES OF WASTES REQUIRING SPECIAL CONSIDERATION

Y46 Wastes collected from households

    Y47 Residues arising from the incineration of household

    ANNEX III

    LIST OF HAZARDOUS CHARACTERISTICS

UN Class * Code Characteristics

1 H1 Explosive Substances

    An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and ail such a speed as to cause damage to the surroundings

3 H3 Flammable substances

    The word "flammable" has the same meall1ling as "ill1lflamrnabTIe".

     Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc., but not including substances otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5 deg. C, closed-cup

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test, or not more than 65.6 deg C, open - cup test

4.1 H4.1 Flammable Substance

    Solids, or waste solids, (other than those classed as explosives), which under conditions encountered transport are readily combustible, or may cause or contribute to fire through friction.

4.2 H4.2 Substances or wastes liable to spontaneous combustion

    Substances or wastes which are liable to spontaneous combustion or heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to spontaneous combustion.

    4.3 H4.3 Substances or wastes which, by interaction with water, emit flammable gases.

    Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities.

5.1 H5.1 Oxidizing

    Substances or wastes which, which in themselves not necessarily combustnble, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials.

5.2 H5.2 Orgasmic Peroxides

    Organic substances or wastes winch contain the bivalent - o - o - structure are thermally unstable substances which may undergo exothermic self - accelerating decomposition.

6.1 H6.1 Toxic (Poisonous) Substances

    Substances or wastes liable either to cause death or serious injury or to harm human health if shadowed or inhaled or by skin contact

6.2 H6.2 infectious substances

    Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans.

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8 H8 Corrosive Cause Substances

    Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards.

9 H10 Liberation of toxic gases in contact with or water

    Substances or wastes which, by interaction. on with air or water, are liable to give off toxic gases in dangerous quantities.

9 H11 Toxic substances (delayed or chronic)

    Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity.

9 H12 Ecotoxic

    Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems.

    9 H13 Substances capabRe, by any means, after disposaR, of yidding another materiaR, (e.g., Reachate), which possesses any of the characteristics Hsted above.

    ANNIEX IV

    DISPOSAL OPERATIONS

A. OPERATIONS WHICH DO NOT LEAD TO THE POSSIBILITY OF

    RECOURSE RECOVERY, RECYCLING, RECLAMATION, DIRECT RE-

    USE OR ALTERNATIVE USES

    Section A encompasses all such disposal operations which occur in practice. D1 Deposit into or onto land, (e.g., landfill, etc.)

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    D 2 Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils,) D3 Deep injection, (e.g., injection of pumpable discards into wells, salt domes or

    naturally occurring repositories, etc.)

    D4 Surface impoundment, (e.g., placement of liquid or sludge discards into pits, ponds

    or lagoons, etc.)

    5 Specially engineered landfill, (e.g., placement into lined discrete cells which are D

    capped and isolated from one another and the environment, etc.) D6 Release into a water body except seas/oceans

    D7 Release into seas/oceans including sea - bed insertion

    D8 Biological treatment not specified elsewhere in this

    Annex which results in final compounds or mixtures which are discarded by means of

    any of the operations in D 1 - D 12

    D9 Physic chemical treatment not specified! elsewhere in this Annex which results in

    final compounds or mixtures which are discarded by means of any of the

    operations in Dl - DI2 D 1 0 Incineration on land

    D 11 Incineration at sea

    D12 Permanent storage (e.g., emplacement of containers in mine, etc.) DB Bending or mixing prior to submission to any of the operations numbered!

    Dl - D12 D14 Repackaging prior to submission to any of the operations

    numbered Dl - D12

    D15 Storage pending for submission to any of the operations numbered Dl - DI2

B. OPERATIONS WHICH MAY LEAD TO RESOURCE RECOVERY,

    RECYCLING, RECLAMATION, DIRECT RE-USE OR ALTERNATIVE USES

    Section B encompasses all such operations with respect to materials legally defined

    as or considered to be hazardous wastes and which otherwise would have

    been destined for operations included in Section A

    Rl Use as a fuel (other than in direct incineration) or other means to

    generate energy

    R2 Solvent reclamation/regeneration

    R3 Recycling/reclamation of organic substances which are not used as

    solvents

    R4 Recycling/reclamation of metals and metal compounds

    R5 Recycling/reclamation of other inorganic materials

    R6 Regeneration of acids or bases

    R7 Recovery of components used! for pollution

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    abatement

    R8 Recovery of components from catalysts

    R9 Used oil re - refining or other reuses of previously used oil R10 Land treatment resulting in benefit to agriculture or ecological improvement R11 Uses of residual materials obtained from any of the operations

    numbered Rl - RIO

    R12 Exchange of wastes for submission to any of the operations numbered

    Rl - RI I

    R13 Accumulation of material intended for any of the operation numbered

    Rl - RI2

    ANNIEX V A

    INFORMATION TO BE PROVIDED ON NOTIFICATION

     1. Reason for waste export

    2. Exporter of the waste /1

    3. Generator(s) of the waste and site of generation /1

    4. Person responsible for waste disposal /1

    5. Intended carrier(s) of the waste or their agents, if known/1 6. Country of export of the waste Competent authority/2

    7. Expected countries of transit Competent authority/2

    8. Country of import of the waste Competent authority/2

     9. General or single notification

     10. Projected date(s) of shipment(s) and period of time over which waste is to be

    exported and proposed itinerary (including point of entry and exit)/3 11. Means of transport envisaged (road, rail, sea, air, in and waters) 12. Information relating to insurance/4

     13. Designation and physical description of the waste including Y number and UN

    number and its compositions and information on any special handling

    requirements including emergency provisions in case of accidents

     14. Type of packaging envisaged (e.g. bulk, drummed, tanker)

     15. Estimated quantity in weight/volume/6

     16. Process by which the waste is generated/7

     I7. Waste classifications from(Annex K) hazardous characteristic (Annex U), HN

    number, and, UN class.

     18. Method of disposal as per Annex III

     19. Declaration by the generator and exporter that the information is correct

     20. Information concerning (including technical description of the plant) to the

    exporter or generator from the disposer of the waste upon which the Ratter has

    based his assessment that there was no reason to believe that the wastes win not

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