Institutionalization of Climate Change
Adaptation and Mitigation in the Georgian
Regions (ICCAMGR)
Analysis of the Capacities of the Local Authorities: Environmental and Climate Change Management
April 22, 2016 This publication was produced for review by the United States Agency for International Development.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 2
This Analysis of the Capacities of the Local Authorities: Environmental and Climate Change Management was developed by the Institutionalization of Climate Change Adaptation and Mitigation in Georgian Regions (ICCAMGR) program implemented by the National Association of the Local Authorities of Georgia (NALAG). It falls under Agreement Number AID-114-A-12-00001.
This report was made possible through the support of the American people through USAID/Caucasus. Its contents are the sole responsibility of National Association of the Local Authorities of Georgia (NALAG) and ACT and do not necessarily reflect the views of USAID or the United States Government.
Prepared for:
USAID/Caucasus American Embassy 11 George Balanchine Street Tbilisi 0131 Georgia Tel: + 995 (32) 254 4147 www.usaid.gov
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 3
1. ACKNOWLEDGEMENTS
The authors gratefully acknowledge the support of the United States Agency for International Development’s Georgia Mission (USAID/Caucasus) for this project. In addition, the authors would like to thank the ICCAMGR’s partners and governmental counterparts, the Ministry of Energy and the Ministry of Environment and Resource Protection, for their continued collaborations.
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Table of Contents
1. ACKNOWLEDGEMENTS ...... 3 1. INTRODUCTION ...... 6 2. NATIONAL AND INTERNATIONAL LEGAL FRAMEWORK ...... 7
2.1 NATIONAL LEGISLATION ...... 7 2.1.1 Constitution of Georgia ...... 7 2.2 INTERNATIONAL TREATIES IN THE FIELD OF ENVIRONMENT AND CLIMATE CHANGE TO WHICH GEORGIA IS A PARTY ...... 7 2.2.1 United Nations Framework Convention on Climate Change (UNFCCC) ...... 8 2.2.2 Kyoto Protocol to the United Nations Framework Convention on Climate Change ...... 9 2.2.3 United Nations Convention to Combat Desertification (UNCCD) ...... 10 2.2.4 Second National Action Program to Combat Desertification (2014): ...... 11 2.2.5 Convention on Biological Diversity (CBD) ...... 11 2.2.6 EU-Georgia Association Agreement (2013) ...... 12 2.3 GEORGIAN LEGISLATION ON LOCAL SELF-GOVERNANCE ...... 14 2.3.1 The 2014 Local Self-Government Code ...... 14 2.3.2 Georgian Legislation Related to Climate Change Issues ...... 15 3. ACTIVE LEGISLATION ...... 28
3.1 FOREST RESOURCES MANAGEMENT ...... 28 3.2 WATER RESOURCES MANAGEMENT ...... 33 3.3 WATER SUPPLY AND SEWAGE SYSTEMS ...... 34 3.4 WASTE MANAGEMENT ...... 34 3.5 LAND RESOURCES ...... 37 3.6 MINERAL RESOURCES ...... 39 3.7 DESERTIFICATION-RELATED LEGISLATION ...... 40 3.8 NATURAL DISASTERS ...... 43 3.9 BIODIVERSITY ...... 44 3.10 CLIMATE CHANGE ...... 47 4. OVERVIEW OF NATIONAL POLICY ...... 51
4.1 SOCIO-ECONOMIC DEVELOPMENT STRATEGY OF GEORGIA – “GEORGIA 2020” ...... 51 4.2 BASIC DATA AND DIRECTIONS DOCUMENT, 2014-2017 ...... 52 4.3 STATE STRATEGY FOR THE REGIONAL DEVELOPMENT OF GEORGIA FOR 2010-2017 ...... 53 4.4 REGION-SPECIFIC DEVELOPMENT STRATEGIES FOR 2014-2021 ...... 54 4.5 REGIONAL DEVELOPMENT PROGRAM OF GEORGIA FOR 2015-2017 ...... 55 4.6 NATIONAL ENVIRONMENTAL ACTION PROGRAM, 2012-2016 ...... 57 4.7 GEORGIA’S SECOND AND THIRD NATIONAL COMMUNICATIONS TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (2009 & 2015) ...... 59 4.8 NATIONAL FOREST CONCEPT FOR GEORGIA ...... 60 4.9 GEORGIA’S BIODIVERSITY STRATEGY AND ACTION PLAN FOR 2014-2020 ...... 61 4.10 SECOND NATIONAL ACTION PROGRAM TO COMBAT DESERTIFICATION (2014) ...... 62 4.11 STRATEGY FOR AGRICULTURAL DEVELOPMENT IN GEORGIA, 2015-2020 ...... 62 5. GOVERNING STRUCTURE FOR ENVIRONMENTAL PROTECTION ...... 66
5.1 POWER STRUCTURE ...... 66 5.2 COMPETENCIES OF NATIONAL AUTHORITIES IN ENVIRONMENTAL MANAGEMENT AND CLIMATE CHANGE: ...... 67 5.2.1 President of Georgia ...... 67 5.2.2 Georgian Parliament ...... 67 5.2.3 Government of Georgia, Executive Body ...... 67 5.3 MINISTRIES OF GEORGIA AND SUBORDINATE INSTITUTIONS ...... 68 5.3.1 Ministry of Environment and Natural Resources Protection of Georgia (MoENRP) ...... 68 5.3.2 Ministry of Economy and Sustainable Development of Georgia ...... 72 5.3.3 Ministry of Regional Development and Infrastructure of Georgia ...... 73 5.3.4 Ministry of Energy ...... 75 5.3.5 Ministry of Agriculture ...... 75 5.3.6 Ministry of Finance ...... 77 ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 5
5.3.7 Ministry of Education and Science ...... 77 5.3.8 National Statistics Office of Georgia (Geostat) ...... 77 5.3.9 State Representative - Governors ...... 77 5.4 POWERS OF THE AUTONOMOUS REPUBLICS’ AUTHORITIES IN THE ENVIRONMENTAL PROTECTION AND CLIMATE CHANGE FIELD 78 5.5 THE ROLE AND RESPONSIBILITIES OF SELF-GOVERNMENT IN ENVIRONMENTAL PROTECTION AND CLIMATE CHANGE ...... 81 5.5.1 Municipal Council (Sakrebulo) ...... 81 5.5.2 Executive Body of a Municipality (City Hall) and Mayor ...... 81 5.5.3 Self-government Unit Roles and Responsibilities ...... 82 5.5.4 Self-Government’s Role and Responsibilities Regarding Environmental Management, Including Climate Change ...... 82 6. ON-THE GROUND SITUATION IN THE MUNICIPALITIES ...... 88
6.1 OVERVIEW ...... 88 6.1.1 Financial Resources Available to Municipalities: ...... 88 6.1.2 Way of Forming of Municipal Board and Council’s Administrations ...... 91 6.1.3 Local Environmental Protection and Climate Change Policy Initiatives ...... 92 6.2 PILOT MUNICIPALITIES SELECTED FOR THE STUDY - BRIEF OVERVIEW: ...... 94 6.2.1 Akhmeta Municipality: ...... 94 6.2.2 Dedoplistskaro Municipality ...... 94 6.2.3 Kobuleti Municipality ...... 96 6.2.4 City of Poti ...... 97 6.2.5 Mestia Municipality ...... 98 6.3 OVERVIEW OF CAPACITIES OF THE PILOT MUNICIPALITIES RELATED TO THE ENVIRONMENT PROTECTION AND COMBATING WITH CLIMATE CHANGE ...... 99 6.3.1 Division of Role and Responsibilities ...... 99 6.3.2 Organizational Part ...... 101 6.3.3 Budget Structure and Available Financial Resources ...... 103 6.3.4 Human Resources ...... 104 7. CONCLUSIONS AND RECOMMENDATIONS ...... 107
7.1 PROPOSED IMPROVEMENTS: CURRENT LEGAL FRAMEWORK: ...... 107 7.1.1 Forest Code of Georgia ...... 108 7.1.2 Law of Georgia on Water ...... 108 7.1.3 Law of Georgia on the Ownership of Agricultural Land ...... 109 7.1.4 Law of Georgia on Mineral Resources ...... 109 7.1.5 Law of Georgia on the Environment Protection ...... 109 7.1.6 Law of Georgia on the Protection of Ambient Air ...... 109 7.1.7 Law of Georgia on the Protected Areas System ...... 109 7.2 ORGANIZATIONAL IMPROVEMENTS AND CAPACITY BUILDING ...... 109 7.2.1 Long-Term Vision ...... 110 7.2.2 Organizational Support to Climate Change Activities ...... 110 7.3 FINANCIAL IMPROVEMENTS ...... 111
List of Tables and Figures:
INSET 1. EXTRACT FROM THE LAW OF GEORGIA ON ENVIRONMENT PROTECTION ...... 16 GRAPH 1. EXAMPLE OF MUNICIPAL BOARD STRUCTURE: MESTIA MUNICIPALITY ...... 92 TABLE 1. LAWS AND REGULATIONS: FIELD OF ENVIRONMENTAL PROTECTION AND NATURAL RESOURCES, INCLUDING CLIMATE CHANGE ...... 19 TABLE 2. STRUCTURE OF THE MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES PROTECTION OF GEORGIA .. 71 TABLE 3. DIVISION OF ROLES AND RESPONSIBILITIES: PRIVATE SECTOR AS WELL AS NATIONAL AND MUNICIPAL GOVERNMENTS ...... 85 TABLE 4. GEORGIAN SELF-GOVERNING UNITS ACCORDING TO TYPE ...... 88 TABLE 5. PROGRAM PROFILE OF LOCAL BUDGETS ...... 89 TABLE 6. PILOT MUNICIPALITIES: DIVISION OF ROLES AND RESPONSIBILITIES ...... 99 TABLE 7. ORGANIZATIONAL STRUCTURE PROBLEMS, PILOT MUNICIPALITIES ...... 101 TABLE 8. PROBLEMS RELATED TO BUDGET PLANNING AND LACK FINANCIAL RESOURCES, PILOT MUNICIPALITIES .. 103 TABLE 9. HUMAN RESOURCES IN THE PILOT MUNICIPALITIES ...... 105 ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 6
1. INTRODUCTION
In April 2012, through the support of USAID, the National Association of Local Authorities of Georgia (NALAG) began implementing the Institutionalization of Climate Change Adaptation and Mitigation in Georgian Regions (ICCAMGR) program. Through USAID’s assistance, ICCAMGR conducted an in-depth assessment of the basic needs of the Georgian municipalities for implementing measures to mitigate the impacts caused by climate change and proposed relevant adaptation measures.
This report, entitled the Analysis of the Capacities of the Local Authorities, is the first evaluation of its kind. The Analysis was developed to support not only municipalities, but also other stakeholders, when developing and implementing future plans related to climate change issues.
In addition to providing an assessment of capabilities of five municipalities, the Analysis includes the following sections:
• An analysis of the Georgian legislative framework, inclusive of a review of various guiding policy papers as well as relevant environmental legislation; • An overview of the municipal legal and organizational frameworks that related to climate change concerns; • An analysis of the institutional framework of five pilot municipalities; • An overview of the municipal decision making process concerning environmental management; • An analysis of the municipal legal frameworks as well as descriptive narratives of the responsibilities and roles of the national and self-government related to environmental management; • An analysis of the national and municipal governmental management systems related to environmental issues; • Recommendations for future action steps to be taken by the national and municipal governmental bodies.
The Analysis of the Capacities of the Local Authorities is intended to be a guiding document for the Georgian national authorities and self-government in both evaluating the present realities on the ground as well as proposing legislation that will support the self-government in tackling climate change issues.
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2. NATIONAL AND INTERNATIONAL LEGAL FRAMEWORK
The Analysis provides an overview of the national and international frameworks related to environmental legislation, inclusive of climate change related concerns.
The Analysis reviews Georgian national legal acts as well as international treaties ratified by the Georgian Government. Following this review, the Analysis also evaluates the general socio- economic development and guiding documents for sector based policies.
2.1 National Legislation
The critical Georgian legislation addressing both the environment and climate change are the Georgian Constitution, international treaties and agreements and subordinate normative acts. In addition, the law on environment protection and an estimated 40 legal acts regulate activities related to environment and natural resources. Finally, the 2014 organic law on local-government defines the statutory functions of local self-governing bodies, including those related to the environment.
2.1.1 Constitution of Georgia
The Georgian Constitution is the main legal framework defining the active policy and legislation. According to Article 37 of the Georgian Constitution: “Everyone has the right to live in save healthy environment, benefit from natural and cultural environment. Everyone is obliged to take care of natural and cultural environment. State shall provide for the protection of environment and rational use of natural resources for the benefit of present and future generations, as well as sustainable development of the country in accordance with economic and environmental interests. State shall ensure healthy and safe environment. Everyone has the right to receive timely full and objective information on the state of environment”.
The Georgian Constitution also lists the areas to be exclusively administered by the state supreme bodies. According to Article 3 of the Constitution, key environmental and natural resource related issues are:
§ Weather forecast service; § Environmental observation system; § Legislation on land, minerals and natural resources.
The abovementioned provisions of the Constitution are fully reflected in domestic normative acts in the field of environment and natural resources.
2.2 International Treaties in the Field of Environment and Climate Change to Which Georgia is a Party
The Georgian legislation relies on international treaties and agreements for clarification in the areas of environmental management and natural resource protection. In addition, these international treaties have a legal priority over Georgian national legal acts, as long as they do not contradict the Georgian Constitution.
Georgia is a party to the following multilateral international treaties in the field of environment and climate change: ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 8
§ United Nations Framework Convention on Climate Change1 § Kyoto Protocol of the United Nations Convention on Climate Change2 § Convention on Biological Diversity3 § United Nations Conventions to Combat Desertification4
2.2.1 United Nations Framework Convention on Climate Change (UNFCCC)
The ultimate objective of this Convention is to stabilize the level of greenhouse gases in the atmosphere to prevent dangerous man-made interferences in the global climate system. Such level should be achieved within a timeframe sufficient to allow relevant ecosystems adapt naturally to climate change, ensuring that food production is not threatened and to enable economic development to proceed in a sustainable manner.
According to the Convention, climate change may be attributed directly or indirectly to human activity that alters the composition of the global atmosphere, and, which in addition to natural climate variability, may be observed over comparable time periods. According to the Convention, "adverse effects of climate change" are those changes in the physical environment or the biota resulting from climate change. These changes have significant negative effects on the composition, resilience and or productivity of natural and managed ecosystems. They may also negatively impacts the existing socio-economic systems as well as relevant human communities and their overall welfare.
The parties to the Convention should take precautionary measures to anticipate, prevent and or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible climate change related damage, the lack of comprehensive scientific data should not be used as a reason for postponing mitigation and adaptation measures. However, these measures should be cost effective. To achieve this, such policies and measures should take into account different socio-economic contexts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors. In addition, efforts to address climate change may be carried out cooperatively by interested Parties.
The relevant policies and measures to protect the climate system against human-induced change should be appropriate for the specific conditions of each national party. These policies should be integrated within national development programs and take into account essential economic development activities.
The parties should cooperate to promote a supportive and open international economic system that leads to the sustainable economic growth and development of all parties, particularly developing country parties, thus enabling them better to address climate change concerns. Measures taken to combat climate change, including unilateral ones, should not be applied arbitrarily or represent a disguised restriction on international trade.
In accordance with the provisions of the Convention and to achieve its goals, the parties should meet the following concrete measures: § Develop, update and publish national inventories of man-made emissions by sources and removals of all greenhouse gases and submit them to the Conference of the parties; § Mitigate the impact of climate change; § Develop and implement measures to facilitate the adequate adaptation to climate change by solving the problem of man-made emissions by sources and removal of carbon sinks;
1 Georgia acceded the Convention by #302 Decision of the Cabinet of Ministers of May 16, 1994 (in force since September 27, 1994) 2 In force by the Decision of the Parliament of Georgia of May 28, 1999. 3 Ratified by the Decision of the Parliamnt of Georgia in April 21, 1994 (in force since August 31, 1994) 4 Ratified by the Decision of the Parliament of Georgia of June 23, 1999 (in force since October 21, 1999). ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 9
§ Develop and elaborate integrated plans for rehabilitation and protection of areas damaged by drought, desertification and floods; § Develop and elaborate protection and rehabilitation plans for coastal zone management, agriculture and water resources; § Promote and cooperate in the full, open and prompt exchange of relevant scientific, technological, technical, socio-economic and legal information related to the climate system and climate change, and to the economic and social consequences of various response related strategies; § Conduct research and systematic observation; § Promote and cooperate in education, training and public awareness related to climate change issues; § Develop and implement programs connected to problems in the field of climate change and its consequences; § Ensure availability of information on climate change and its consequences to wide public; § Encourage public participation in the processes of discussion and development of relevant response measures; § Provide training for scientific, technical and management personnel.
The National Communications reflecting fulfillment of the above mentioned obligations should be periodically submitted to the convention secretariat. The Conventions provides a number of mechanisms to ensure effective implementation of obligations. So called Cancun Adaptation Framework5, as well as importance of some other decisions connected to the establishment of the Green Climate Fund6, development of the Work program on loss and damage7, Land use, land-use change and forestry (LULUCF)8, should be underlined.
2.2.2 Kyoto Protocol to the United Nations Framework Convention on Climate Change
Georgia ratified the United Nations Framework Convention on Climate Change in 1994 and became a party to the Convention. In 1999, Georgia acceded to the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
Kyoto Protocol defines the rates and trade mechanisms of maximum allowable emissions of greenhouse gases for the parties. It should be noted, that the Kyoto Protocol is no longer force for a number of countries such as the US China, India. Consequently, the Protocol is not universally applicable9.
However, Georgia has met the requirements of the Kyoto Protocol. Since 2003, a number of different projects have been implemented, which contributed to the development of local potential in the implementation of the Convention on Climate Change, as well as the Kyoto Protocol provisions. In particular, the national government established the National Coordinating Council on Clean Development Mechanism (CDM) as well as the procedure for approval of clean development projects. In addition, the quality of the greenhouse gas inventory has been improved while local experts have been trained and awareness-raising campaigns have been conducted with different target groups.
5 (2011) Cancun Adaptation Framework // Decision 1/CP.16 - II. Enhanced action on adaptation // UNFCCC Report of the Conference of the Parties on its sixteenth session, held in Cancun from 29 November to 10 December 2010 - Addendum - Part Two: Action taken by the Conference of the Parties at its sixteenth session // FCCC/CP/2010/7/Add.1. / 15 March 2011 - (paras 11- 35) http://unfccc.int/resource/docs/2010/cop16/eng/07a01.pdf#page=4 6 (2011) Green Climate Fund. Report of the Transitional Committee // Draft decision / CP.17 - Advance version. http://unfccc.int/files/meetings/durban_nov_2011/decisions/application/pdf/cop17_gcf.pdf 7 (2011) Work program on loss and damage // Draft decision -/CP.17 - Advance unedited version http://unfccc.int/files/meetings/durban_nov_2011/decisions/application/pdf/cop17_loss_damage.pdf 8 (2011) Land use, land-use change and forestry // Decision -/CMP.7 - Advance unedited version. http://unfccc.int/files/meetings/durban_nov_2011/decisions/application/pdf/awgkp_lulucf.pdf 9 Negotiations on replacement of the Kyoto Protpcol by a new multilateral international instrument (efficient and acceptable for all parties) are being conducted among the Parties to the UNFCCC. ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10
2.2.3 United Nations Convention to Combat Desertification (UNCCD)
In 1992, the United Nations Conference on Environment and Development addressed desertification issues. The conference promoted a new joint approach to combat desertification. As a result, the United Nations Convention to Combat Desertification was developed and adopted in June 17, 1994 in Paris with Georgia joining the Convention in 1999.
According to the Convention, desertification means land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors, including climatic variations and human activities. Moreover, combating desertification includes activities that are part of the integrated development of land in arid, semi-arid and dry sub-humid areas for sustainable development. These activities may include: § Prevention and/or reduction of land degradation; § Rehabilitation of partly degraded land; and § Reclamation of deserted land.
The objective of this Convention is to combat desertification and mitigate the effects of drought in countries experiencing these conditions through effective action at the local, national and international levels. This multi-level action will be supported by integrated international cooperation and partnership arrangements consistent with Agenda 21, which aims to achieve sustainable economic development in the affected areas.
All parties to the Convention must adopt relevant National Action Programs (NAPs) to combat desertification. The goal of the NAPs is to identify factors, which cause desertification, to develop practical measures to combat desertification and to develop mitigation measures to deal with drought. The NAPs must adhere to the following criteria: § Contain long-term strategies to combat desertification and mitigation measures that minimize the results of drought; highlight the implementation necessity and integrate connections to national policies in the field of sustainable development; § Take into account changeable conditions and flexible at local levels to resist different socio- economic, biological and geo-physical factors; § Pay special attention to implementing the relevant preventive measures in lands that are not degraded yet or are less degraded; § Improve climatological, meteorological and hydrological scientific national data bases, and widen capacities for introducing of drought emergency notification system; § Provide implementation of the relevant policy and strengthen institutional mechanisms directed to the development of partnership, cooperation and coordination between donors, authorities (at all levels) and local populations; ensure availability of relevant information and technologies to local populations; § Take into consideration the role of civil society and local population at local and national levels, especially those who use the resources – land users and their representative organizations – in policy planning and development, decision-making and analysis of implementation of the national action programs.
The National Action Programs may partially cover all or some of the measures developed for mitigation of desertification consequences listed below: § Introduce and/or strengthen the relevant emergency notification systems which cover local and national means, as well as joint systems at sub-regional and regional levels and the mechanisms which are developed to provide assistance to ecological migrants; § Strengthen the development potential of measures to be carried out against threat of drought and to neutralize it that reveals in the development of plans for combating drought consequences at national, regional and sub-regional levels, taking into account climate prognoses; § Develop a food safety system, inter alia, marketing services, especially in village areas; ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 11
§ Develop alternate vital projects, which can provide income in the districts affected by drought; § Develop sustainable irrigation systems for farming; both land cultivation and cattle breeding; etc. § Identify relevant indicators for monitoring of desertification processes and conduct monitoring.
As Georgia is a low-income agrarian country, desertification poses significant social, economic and ecological concerns. While desertification in Georgia is limited by geography, certain processes such as deforestation, wind and water erosion, landslides, overgrazing, soil degradation and contamination, with their associated social-economic consequences, are occurring all over the country. Therefore, desertification, land degradation and sustainable land management are interfacing concerns and must be handled with a comprehensive policy.
2.2.4 Second National Action Program to Combat Desertification (2014):
The Second National Action Program to Combat Desertification was developed and adopted10 in 2014. The critical aspects of this document are reviewed in Section 3.2 entitled “Desertification”.
2.2.5 Convention on Biological Diversity (CBD)
The Convention on Biological Diversity (CBD) is one of the main legal bases for the development of adaptation and mitigation measures to climate change. Since 1994, Georgia has been a party to the CBD; in doing so, Georgia considers biodiversity conservation a critical global concern that is essential for the country’s overall development.
Specifically, the CBD introduces new approaches into the field of biodiversity protection and conservation and its main objectives are the following: § The conservation of biological diversity; § The sustainable use of its components; and § The fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate § Access to genetic resources, § Transfer of relevant technologies, § Funding.
The CBD contains general norms, which are not legally binding its parties. While, the CBD does not limit its signatories in the management and general usage of their respective biodiversity resources, the parties are obliged to protect and sustainably manage their respective biological resources. A party should ensure regulation of the biological resources through the establishment of strict rules and procedures for the use of biological resources by private and legal persons. The Convention states that ecosystems, species and genetic resources must be used for the human benefit, but in a way that will not cause biodiversity losses and irreversible changes. In this regard, the parties are obliged to apply the so-called ‘precautionary principle’ when making decisions that may impact the natural environment.
According to the CBD provisions, biological diversity means the entire diversity of living organisms and all existing natural systems. The term covers all species of plants, animals and microorganisms, including genetic variations within species. A significant aspect of biodiversity is the diversity of desert, forest, wetland, lake and agro-ecosystems. The CBD defines the problems in biodiversity conservation and sustainable use while detailing the global objectives and the ways to achieve them.
10 Resolution N742 of the Government of Georgia (December 29, 2014) on the approval of the Second National Program to Combat Desertification ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 12
According to the CBD, to ensure the conservation and sustainable use of biological resources, the parties should develop a strategy and relevant action plan for sustainable management of land resources. These action plans should be included into relevant national strategies in the areas of environment protection and development, forestry, agriculture, energy, transport, fishery and urban planning.
One of the thematic working programs of the Convention on Biological Diversity is a program on arid and semi-arid land ecosystems, which is linked with the general issues of land use and agriculture11 The program defines the biodiversity of arid and semi-arid areas as one of the most vulnerable and dynamic ecosystems, especially regarding climate change. One of the goals of this program is to provide for the equitable share of resources in these regions.
Among the important topics (directions) covered and promoted under the auspices of the CBD are crosscutting issues, such as, for instance, biodiversity and climate change. There are some outstanding points under different working directions of the Convention, which are being discussed; among them is issue of adaptation of biodiversity to the climate change. Adaptation methods based on so called “ecosystem services approach” are considered as the most advantageous for conservation of biodiversity; while for protection of agro-biodiversity, issues of establishment of genetic banks12 and their effective functioning are seen as a methods of its safeguarding.
For detailed information on the implementation of obligations and requirements defined by the CBD during different periods of time, please reference the national reports submitted to the convention secretariat: Second National Report (1994 - 2001)13, Third National Report (2002 - 2005)14, Fourth National Report (2005-2010)15 and Fifth National Report (2010-2014)16.
2.2.6 EU-Georgia Association Agreement (2013)
Georgia ratified the EU-Georgia Association Agreement in 201417. The Agreement includes the Deep and Comprehensive Free Trade Agreement (DCFTA) and defines multiple fields, including environment and climate change, for cooperation between the EU and Georgia. According to the Agreement18, its parties are obliged to develop and enhance cooperation on environmental issues that would contribute to sustainable development and promote a green economy. Under Article 302, cooperation aims at maintenance, protection, improvement and rehabilitation of the environment, protection of health and the sustainable use of natural resources. The international community support efforts directed to solving existing problems in the following fields:
§ “environmental governance and horizontal issues, including strategic planning, environmental impact assessment and strategic environmental assessment, education and training, monitoring and environmental information systems, inspection and enforcement, environmental liability, combating environmental crime, trans boundary cooperation, public access to environmental information, decision-making processes and effective administrative and judicial review procedures; § Air quality;
11 PROGRAMME OF WORK ON DRY AND SUB-HUMID LANDS / COP 5 Decision V/23 / Consideration of options for conservation and sustainable use of biological diversity in dryland, Mediterranean, arid, semi-arid, grassland and savannah ecosystems / Annex 1- DRAFT PROGRAMME OF WORK ON DRY AND SUB-HUMID LANDS. http://www.cbd.int/decision/cop/?id=7165 12 Integrating Biodiversity into Climate Change Adaptation Planning Purpose. http://adaptation.cbd.int/ 13 https://www.cbd.int/doc/world/ge/ge-nr-02-en.pdf 14 https://www.cbd.int/doc/world/ge/ge-nr-03-en.pdf 15 https://www.cbd.int/doc/world/ge/ge-nr-04-en.pdf 16 https://www.cbd.int/doc/world/ge/ge-nr-05-en.pdf 17 Resolution N 2495 of te Parliament of Georgia (July 14, 2014) on Ratification of the Agreement between Georgia and EU and European Atomic Energy Community 18 http://eeas.europa.eu/georgia/pdf/eu-ge_aa-dcfta_en.pdf
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§ Water quality and resource management, including flood risk management, water scarcity and droughts as well as marine environment; § Waste management; § Nature protection, including forestry and conservation of biological diversity; § Industrial pollution and industrial hazards, and § Chemicals management.
Cooperation is also aimed at mainstreaming of the environmental considerations in other areas of Association Agreement
Chapter 5 of the Agreement, which covers climate related actions, envisages development and enhancement of cooperation regarding climate related issues. It also aims at mitigation of and adaptation to the climate change, as well as conducting the following actions at the international level: (a) Mitigation of climate change; § Mitigation of climate change; § Adaptation to climate change; § Carbon trading; § Research, development, demonstration, deployment and diffusion of safe and sustainable low carbon and adaptation technologies, and § Mainstreaming of climate considerations into relevant sector policies.
According to the Agreement, the following climate change related actions and guiding documents should be developed and implemented:
§ National Adaptation Plan of Actions (NAPA); § Low Emission Development Strategy (LEDS), including mitigation measures acceptable at national level; § Technology transfer supporting measures based on technology needs assessment; § Measures connected to ozone depleting substances and fluorine containing greenhouse gases.
The Agreement appendices contain concrete obligations and dates in which Georgian national legislation and standards in the field of environment, including climate change, should be tailored per the European Union regulations and legal instruments.
It should be especially noted that in case of approximation of national legislation related to the introduction of integrated water resources management principles indicated in the EU Water Framework Directive and other water related Directives identified under the Association Agreement, taking into account current state of socio-economic development of the country, central and local authorities would inevitably encounter significant financial and technical problems of updated legal framework implementation.
It should be also noted that the given study does not analyze the potential problems faced by the Georgian municipalities in fulfilling the environmental and climate change related obligations as defined in the Association Agreement. However, it should become a subject to wider study in the nearest future.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 14
2.3 Georgian Legislation on Local Self-Governance
2.3.1 The 2014 Local Self-Government Code
On February 5, 2014, the Georgian Parliament adopted the Organic Law of Georgia: Local Self- Government Code and a number of its key provisions entered into force at the day of official announcement of the Local Self-Government regular elections results in June 2014. When this code entered into force, the previous Organic Law on Local Self-Government of December 16, 2005 was repealed.
According to the Local Self-government Code there is one tier of self-governance in Georgia on the level on municipalities. There are two types of municipalities: Self-governing cities and so- called “self-governing communities”. The Georgian municipalities by its size correspond to EU statistical-territorial unit – Local Administration Unit (LAU) 119.
The Local Self-Government Code provides the legal-framework for self-government, as well as functions of self-governmental bodies, rules of establishment and activity, financial and property issues, interaction with citizens, state authority bodies and public and private legal entities, as well as the rules for national supervision of the municipal government representatives.
The Code includes the following new provisions: § Territorial optimization of self-government units. According to the new Code, seven municipalities, Zugdidi, Ozurgeti, Ambrolauri, Akhaltsikhe, Gori, Mtskheta and Telavi, have been sub-divided into urban and rural municipalities. § The mayor’s office is the executive body of a self-government unit and is elected by the population through a direct vote. According to the old organic law, the executive body was the municipal board, while a mayor had to be appointed by a municipal council chairman with the consent of a council. § The advisory councils, under a mayor, were established in the regions, represented by self- government officials such as the mayor, council chairman and deputy council chairman. These councils participate in planning and implementation of social and economic programs in regions. § Per the new code, the national supervisory body for the self-government is the Prime Minister as opposed to the respective regional governor as legislated in the earlier code.
The 2014 local self-government code defines the roles and responsibilities of the self-government such as the following: § Management of natural resources of local importance, such as water and forest resources, and land resources of municipal property; § Spatial planning of municipality territory and establishment of standards and rules in relevant fields; § Approval of urban construction documentation, inter alia, land use master plans, development regulation plans, use of the settlement areas, and development regulation rules; § To provide water supply (including technical water supply) and sewage systems and to develop reclamation systems of local importance (Article 16, para 2, sub-paragraph ‘h’); § Municipal waste management (Article 16, para 2, sub-paragraph ‘g’); § To establish rules of keeping of domestic animals and rules related to the issues of the stray animals (Article 16, para 2, sub-paragraph ‘r’).
Critically, the code does not include any amendments of the municipal functions in the areas of environmental management and or climate change. According to the code, municipal authority includes ‘natural resources of local importance including water and forest resources and land resources owned by the given municipalities, as well as management in accordance with the rules
19 http://ec.europa.eu/eurostat/web/nuts/local-administrative-units ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 15
established by the legislation’ (Article 16, paragraph 2, sub-paragraph ‘c’). However, the municipalities are not able to perform these functions, as the natural resources have not been transferred to the self-government bodies. This discrepancy is neutralized by a transitional provision, cited Article 165, paragraph 1, sub-paragraph ‘e’, under which the GoG is obligated to develop and submit to the parliament a draft law defining the natural resources of local importance by January 1, 2016. Before adoption of this law, municipal authorities have no legal authority to manage of natural resources located within their administrative boundaries. However, according to Article 16 paragraph 4 of the code, municipal authorities have the right to implement environmental activities not covered under the authority of the national government.
In addition, both the 2005 and 2014 codes list the properties and natural resources that may be owned by the municipalities and these lists are overall quite similar. Some of the agricultural and non-agricultural lands under ownership of municipalities listed in Article 107 are of a symbolic character, or are quite frequently, are of mutually exclusive conflict character20. Conceptual meaning (terminology and definition) of agricultural lands and non-agricultural lands is frequently mixed and therefore the mentioned Article needs substantial revision. At the same time, it is necessary to bring in conformity the provisions of this Article and the definitions of the related land categories with other legal acts regulating land use in Georgia.
2.3.2 Georgian Legislation Related to Climate Change Issues
There is no special law regulating mitigation or adaptation measures to climate change in Georgian legislation. The main legislative acts related to climate change concerns are the Law of Georgia on Environment Protection and Law of Georgia on Ambient Air Protection.
Law of Georgia on Environment Protection
The Law of Georgia on Environment Protection defines the main standards and principles and serves as a guide for the various environmental regulations being carried out in Georgia:
The main objectives of the law are the following:
§ To define principles and standards of legal relationship in the field of environment; § To protect main human rights defined by Constitution of Georgia, in particular, the right to live in healthy environment and enjoy natural and cultural surroundings; § To ensure state protection and rational use nature, as well as safe environment in accordance with ecological and economic interests of society, with due regard to the interests of the current and future generations; § To facilitate conservation of biological diversity, inter alia, rare, endemic and endangered species of flora and fauna, to protect marine environment and to ensure maintenance of ecological balance; § To protect and maintain distinctive landscapes and ecosystems; § To provide legal bases for solution of global and regional problems in the field of environment; § To guarantee sustainable development of the country.
The Law of Georgia on Environment Protection defines the following terms and associated regulations: biodiversity, environmental pollution integrated control system, best available technology, ecologically pure production and cleaner production. A number of legal norms outlined in the Law were based on the following legislative acts and or norms:
20 For instance: Article 107, paragraph 2 of the code mentions agricultural lands which cannot be owned by municipalities, inter alia, lands of state reserves, nature monumets, national parks and managed reserves (paragraph 2, sub-paragraph ‘f’) and the lands of the State Frorest Fund (Paragraph 2, sub-paragraph ‘h’). However, a small part of state reserves, nature monumets, national parks and managed reserves and the State Frorest Fund lands (5-10%) are assigned the category of agricultural lands, while the major part is non-agricultural lands. Hence, in accordance with the active version of the Code, the municipality has the right to own the lands of state reserves, nature monuments, national parks and managed reserves and the State Forest Fund, which is not, assigned the category of agricultural lands (in other words, 90% of the whole area). ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 16
§ Environmental legislation as directed and or adopted by the European Union; § The 1992 United Nations Rio de Janeiro Declaration (1992); § The Environment and Development Conference21; § Agenda 21; § The final Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests22.
In addition, the Law outlines the key requirements in the areas of environmental protection and usage of natural resources as outlined by the international treaties to which Georgia is a party. As such, it adheres to international best standards and practices. These international treaties include the Convention on Biological Diversity, the Convention on Climate Change and the Convention on the Protection of the Black Sea against Pollution.
The Law requires that individuals as well as governmental bodies follow international best practices for planning and implementing activities in the areas of environmental protection as detailed below in Inset 1.
Inset 1: Extract from the Law of Georgia on Environment Protection
Main Environmental Principles:
• Risk reduction principle – operator who carries out certain activities shall take appropriate measures to mitigate or avoid risks of adverse impact on the environment and human health while planning and implementing activities; • Principle of sustainability – use of environment and natural resources that do not cause threat to the community development, while irreversible quantitative and qualitative changes to the environment and natural resources are avoided; • Principle of priority – action, which can cause adverse impact to the environment and human health, can be replaced by other less risky action, even more expensive. A priority shall be given the last, if its cost does not exceed the cost calculated for compensation of damage resulting from applying of the less expensive action; • Paying for nature use principle – use of land, water, forest, flora, fauna, and other natural resources shall be subject to payment; • Polluter pays principle – is the principle which requires that the costs of pollution be borne by those who cause it; • Biodiversity conservation principle – activities must not lead to the irreversible degradation of biological diversity; • Waste minimization principle”– priority is given to technologies that will ensure minimum amount of waste; • Recycling principle – priority is given to recyclable, re-usable, biologically degradable, and harmless to the environment substances, materials and chemical compounds; • Restitution principle - after completion of work the degraded working area should be restored to its initial state (restitution in interim) to the possible extent; • Environmental Impact Assessment principle – operator should take into consideration and assess possible impact to the environment while designing or planning activities, in accordance with active legislation; • Principle of public participation in decision-making process – public participation in decision making on implementation of any significant activities is ensured; • Principle of access to information – information on the state of environment is open and available for the public.
The Law on Environment Protection introduced an important mechanism for public awareness and knowledge building: the National Report on State of the Environment. Originally, this report was developed annually, but, per legislative amendments, it is now developed and approved every three years.
21 United Nations Conference on Environment and Development, Rio de Jeneiro, 1992 22 http://www.un.org/documents/ga/conf151/aconf15126-3annex3.htm ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 17
In addition, the Law details the various policy instruments necessary for environment protection planning, including the following: § The National Strategy on Sustainable Development, a long-term planning document; § The National Environmental Action Plan, a five year action plan; § Management plans, developed on a voluntary basis by various agencies.
According to the Law of Georgia on Environment Protection (Article 15) the environment protection planning system envisages elaboration of the environmental action plans at regional and local levels. However, the Law does not provide special regulations, criteria or timeframe for the elaboration of these plans.
The Law does not clearly define the roles and responsibilities of municipal authorities, but rather delineates the functions of the MoENRP. On the other hand, competencies not covered by the MoENRP can be delegated to the local self-governmental bodies. As such, the Law provides room for increasing a number of functions of the municipalities.
Moreover, as it was mentioned above, the Article 14, paragraph 4 of the active Self-Government Code empowers the Local Self-Government Bodies to take decisions on implementation of activities and measures in the field of environment not covered by the competences of the state authority bodies. At the same time, according to the Article 16, paragraph 3 of the same Code, the municipalities have the right to make a decision on any issue, which is not under the competence of any other authority and the decision-making on which is not prohibited according to the active legislation. Thus, taking into account the norms defined by the Articles 13 and 15 of the Law of Georgia on Environment Protection, the Article 16, paragraphs 3 and 4 of the Self-Government Code, and based on Article 19, sub-paragraph ‘b’ of the same Code23, the Local Self-Government Bodies have the right to develop and approve the Environmental Action Programs within the territories under their competences, including, inter alia, Action Programs related to climate change issues.
§ The Law of Georgia on Environment Protection thoroughly reviews issues related to protection and conservation of biological diversity in the chapters: xii and xiii. According to the Law, the natural eco-systems, landscapes and territories must be protected against pollution, degradation, damage, erosion and destruction. It also gives the following areas special protection status: § Marine coastal zones; § Wetlands, springs, water bodies, sources of rivers, glaciers, caves; § Sub-alpine and flood plain forests; § Valuable forest stands; § Green zone forests; § Buffer (sanitary) zones and territories.
In addition, the Law pays special attention to global and regional environmental management concerns. The Law states that the national government and private individuals, within the framework of their authorities and international obligations, should implement policies and activities that aim to solve global and regional environmental problems. Specifically, Articles 51 and 52 regulate general issues related to global climate change and ozone layer protection.
Law of Georgia on Ambient Air Protection
The Law on Ambient Air Protection provides the legal parameters for regulating climate change. Article 53 of the Law, also called Article 53 Climate Protection against Global Changes, states that
23 According to the mentioned sub-paragraph, the municipalities while exercising their rights in accordance with the Georgian legislation: develop, approve and implement the relevant programs, strategies, action plans and projects (See Article 19. Forms of Municipal Power and Mechanisms).
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 18
in order to protect the climate from global changes, the national government is obligated to define permissible standards for greenhouse gas emissions and regularly measure against these standards. In addition, the MoENRP is tasked to develop and implement the National Climate Change Program and Action Plan and to ensure that both adhere to the United Nations’ Framework Convention on Climate Change. Except for these activities, the Law does not stipulate the adoption of any additional regulations or normative acts regarding climate change. According to the same Law, the National Environment Agency (NEA) should carry out various activities to tackle climate change, such as observation, analysis, prognosis and scientific research projects on climate change.
It should be noted that until 2011, Article 53, paragraph 3 of this Law contained provision according to which the legal regime for climate protection from the global changes within the jurisdiction of Georgia, should have been defined by the future Law on Climate Protection from Global Changes within the Jurisdiction of Georgia. This provision was removed based on the amendment to the Law in 2011(11.03.2011. N 4386).
Accordingly, with regard the climate change issue, the Law clearly defines: § The Ministry of Environment and Natural Resources Protection of Georgia is responsible for development of the National Program on Climate Change and Action Plan (with general coordination by the Ministry of Environment and Natural Resources Protection of Georgia); § The Legal Entity of Public Law National Environmental Agency under the Ministry of Environment and Natural Resources Protection of Georgia is responsible on observation, analysis, prognoses, and scientific research on climate change.
The Law does not stipulate adoption of any regulations or normative acts related to climate change issues, except National Program and Action Plan on Climate Change.
Note: Review on main aspects of the Georgian Legislation connected to the climate change is given in 3.2 chapter of the Study on Climate Change.
See also Chapter 3.3 – Adaptation Strategy of Georgia and Climate Change Mitigation Policy, Strategy and Measures: Second and Third National Notifications to the Climate Change Frame Convention (2009, 2015).
In general, in about 38 legal acts regulate the field environmental protection and natural resources management (including climate change), which fall into the following four groups: § Natural resources management, such as issues related to protection and rational use of natural resources; § Environment protection, ecological safety and regulation; § Protected areas, resorts, recreational areas and protection of marine, river and water body coastal areas; § Spatial planning, territory development and transport.
Please see Table 1 below for more information on the regulating acts in the field of environmental and natural resource protection, which underlines main characteristics of obligations and functions of local self-governments (municipalities). ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 19
Table 1. Laws and Regulations: Field of Environmental Protection and Natural Resources, including Climate Change
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
Natural Resources Management
1 Law of Georgia on Soil Defines the national obligations and responsibilities, landowners and Protection land users in providing for soil protection and conditions for Responsibilities of self-government are not defined (1994) ecologically pure production. Provides for prevention of adverse impact of substances used for enhancing of soil fertility, which can cause threat to soil, human health, flora and fauna. Maintains fertile soil layer and endemic flora species of high mountain regions by protection of sub-alpine and alpine meadows. Facilitate reclamation activities. Establishes norms and standards of maximum permissible concentrations of harmful substances to protect human health, plant cover and animals and the general environment. 2 Law of Georgia on Soil Regulates soil conservation and restores soil fertility; prevents soil loss The law prohibits discarding ameliorated agricultural lands, irrigation and Conservation and Fertility caused by landslides, mudflows, avalanches, floods, soil drainage facilities, erosion, landslide and mudflow preventing facilities, as Restoration contamination, repeated bogging and salinization, as well as by well as bank reinforcement and other facilities; to change categories of (2003) conducting open mining to obtain agro-chemicals and construction irrigable land to non-irrigable lands and to assign the status of non- materials; prevents soil loss due anthropogenic influence. Defines agricultural land without relevant decision taken by a municipal government. maximum permissible concentrations of harmful substances in soil and norms for use of pesticides and agro-chemicals. 3 Forest Code of Georgia Regulates the legal relationship connected to the protection, According to the code, the self-governments have the power to: (1999) maintenance, restoration and use of forest fund and its resources. • Support measures developed to maintain, protect, restore forests as well as to prevent forest fires; • Develop programs on forest maintenance, protection and restoration and to facilitate their implementation; • Participate in the financing of national programs on forest maintenance, protection and restoration and to undertake control on expenditure account; • Issue tickets for using the local forest fund; • Submit proposals on restriction, suspension or cessation of forest use to the state bodies; • Participate in implementation of emergency measures during natural disasters; • Provide for public education on ecology; • Submit proposals on the forest fund boundaries to the relevant national bodies.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 20
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
4 Law of Georgia on Forest The law regulates the management of the forest fund, which will be Responsibilities of the self-government are not defined. Code Management (2010) implemented by the National Forestry Agency, a subsidiary of the MoENRP. 5 Law of Georgia on Wildlife The law regulates the protection, restoration and usage of wild fauna The competences of self-governments are to protect fauna species, and are (1996) species living permanently or temporarily in naturally free, semi-free, also charged with restoring, conserving and regulating wildlife. or artificially created habitat on land, soil, water, atmosphere, territorial waters, continental shelf and exclusive economic zones. 6 Law of Georgia on Mineral Regulates studies on subsurface, all kinds of minerals (except oil and Responsibilities of the self-government are not defined resources (1996) gas); studies and use of natural underground voids; use and storage of waste generated from mining and processing enterprises, as well as relationship raised during construction and exploitation of underground facilities. 7 Law of Georgia on Oil and The law provided a legal base for exploring and using Georgia’s oil Responsibilities of the self-government are not defined Gas Resources and gas resources; additional elements include gas processing or (1999) transportation; developing an integral state policy for using oil and gas resources; and the processing and transportation of gas resources. 8 Law of Georgia on Water This law provides for the following: The self-government have the following functions: (1997) • Implementation of the integrated state policy in the fields of water • Supervision on protection measures and rational use of water resources protection and water use; of local importance at the territory of the self-government; • Protection of water bodies (including Georgian waters of the Black • Control on protection and use of water resources of local importance at Sea) and protection and rational use of water resources taking into the territory of self-government; account the interest of present and future generations and principles • Inventory and registration of use of water resources of local importance at of sustainable development; the territory of self-government; • To satisfy demand of population on clean drinkable water; to ensure • Participation in the development and implementation of an integrated sustainability and sustainable use of water ecosystems; to avoid policy on the protection and use of Georgian waters; adverse impact on water and provide effective liquidation of • Management of water fund of local importance and allotment of land plots negative consequences; for exploitation of ground waters within the framework of the approved • To guarantee protection of Georgian state interests in the field of programs; water protection, water use and international trade; • Restriction or prohibition of water use in particular water bodies located in • To support marketable output of water products taking into account certain areas, such as for instance, protected zones of historical and international principles and standards; cultural monuments, within the competence territory of the self- • To protect legal rights of legal entities and private persons in the government; field of water protection and water use. • Allocation of finances for rehabilitation works on water bodies damaged by natural disasters within the territories under competences of the self- government; • Settlement of disputes on water protection and water use within the territory of the self-government and within their competences. • Control on land use and forest use within the limits of water protection zones. ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 21
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
Environment Protection, Environmental Safety and Regulation 9 Law of Georgia on The law regulates the legal relationships between the national According to the law the main criteria of distribution of power Environment Protection government, legal entities and individuals in the field of environment (competencies) of the state authority bodies, autonomous republics and (1996) protection; the law also includes Georgia’s territorial waters, air space, local self-governments in the field of environment are following: continental shelf and exclusive economic zones. • Financial sources for the environmental measures (budgets of state, autonomous republics and territorial units); The law regulates the following environment related fields: • Natural resource importance status (trans-boundary, inter-regional, • Atmospheric air; regional and local importance); • Water; • Scales of adverse impact to environment (trans-boundary, inter- • Land; regional, regional and local importance); • Minerals and biodiversity; • Sub-ordination level of protected areas • Natural resources use and restoration; • Waste management; According to the Law (Article 15) the planning system in the field of • Chemical, nuclear and radiation safety environment covers Environmental Action Programs, which are developed Note: In parallel with the Law of Georgia on Environment Protection, at regional, local and institutional levels, though the Law indicates also that the Law on State Control on Environment was adopted in 2005 to the rules of development and periodicity shall be defined by special regulate the environmental control. In 2010, it was repealed and regulations. replaced with the Law of Georgia on Environment Protection Service, which was later repealed and replaced by the 2010 Law of Georgia on The Law does not define competencies of self-governments in the field of Environmental Inspection. environment. Besides that, there is not also clearly defined the list of the mentioned competencies for the Ministry of Environment and Natural Finally, the Law of Georgia on Environmental Inspection was repealed Resources Protection of Georgia (Article 13), that in its turn, indirectly in 2011 indicate the competences which the self-government bodies do not have in this field. It should be noted also, that none of the mentioned versions of the law defined the responsibilities of local self-governments. 10 The Law of Georgia on The law defines the full list of activities subject to an obligatory Participating in developing the Environmental Impact Assessment Report Environmental Impact ecological examination throughout the entire territory of Georgia. It Permits also defines the legal basis for the following: (2007) • Issuing of an environmental impact permit; • Conducting the ecological examination after issuing the permit; • Performing the environmental impact assessment; • Issuing the permit; • Public participation in the decision-making processes.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 22
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
11 Law of Georgia on Ecological The law works to ensures ecological balance throughout Georgia by The roles and responsibilities of the self-government are not defined. Expertise providing measures for environmental protection measures and (2007) balanced resources usage, taking into account sustainable development principles.
12 Law of Georgia on Transit The law prohibits transit and import of all types of hazardous (toxic) The roles and responsibilities of the self-government are not defined. and Import of Waste at the and radioactive substances and defines the types of waste allowed for territory of Georgia import - non-hazardous, (non-toxic) and non-radioactive, only in case (1995) of further treatment or for any other reason indicated in Annex 4 of Basel Convention, “Class B” of operations connected to waste disposal. 13 Responsibilities of Self- The law protects ambient air from adverse man-made influences. According to the law, the field of responsibilities of self-governmental bodies Governments are not defined is the following: (1993) • To meet the requirements defined by the Law on Ambient Air Protection and other regulations in the field of ambient air protection; • To send timely notifications on potential or happened technological disasters and other ecological catastrophes to the relevant national authorities and or make a public announcement. • Until the adoption of the Self- Government Code in 2014, municipal authorities had control and decision-making functions connected to the pollution of the ambient air with hazardous substances by different types of small-scale sources, as well as on restriction or prohibition of their installation and exploitation. 14 Law of Georgia on Nuclear The Law regulates legal relationship between State Authority Bodies According to the Law the competences of Self-Governmental Bodies are: and Radioactive Safety and private persons and legal entities, which conduct activities • Facilitate implementation of State policy; (2012) connected to nuclear, radioactive and ionizing radiation, as well as • Participation in implementation of the State policy; other activities connected safety (security) measures on nuclear and • Support the regulating body in executing of its power at the territory other sources of ionizing radiation. under its jurisdiction within the limits defined by the Georgian legislation; • Provide assistance to population suffered from adverse impact of ionizing radiation, in accordance with Georgian legislation; • Take part in decision making on disposal ceasing of exploitation of the nuclear and radiation facilities connected to higher risk of radiation, within the territory of their jurisdiction. 15 Law of Georgia on Pesticides The law regulates the usage of agricultural and biological chemicals. The roles and responsibilities of the self-government are not defined. and Agro-chemicals The national government manages the elaboration, registration, (1998) production, labeling, packing, sale, storage, transportation, use, neutralization, disposal, information exchange, advertising, export and import of the pesticides and agro-chemicals. ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 23
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
16 The Law of Georgia on The law defines the powers and competences of the authorities of the In accordance with this law, the emergency situation, fire and rescue Public Safety GoG, the Autonomous Republics and the local self-governments in the services established under and managed by local self-governments were (2014) field of public safety, as well as the rights and responsibilities of private shut down in January 10, 2015. The management of fire safety services no persons and legal entities. In addition, the law establishes a single longer falls under the auspices of the self-governments, but rather has been system for emergency management during, both peace and war times, given to the Ministry of Internal Affairs. However, the law allows the as well as the rights and obligations of the system’s operations. municipalities to establish municipal fire and rescue services
Note: The following laws were repealed:
• Law on Fire Safety, 2005; • Law of Georgia on Protection of Territories and Population in Emergency Situations caused by Natural and Anthropogenic Disasters, 2007. 17 Law of Georgia on The code regulates the fields of production, processing, and The code, through Article 22, defines cooperation, mutual assistance and Food/Feed Safety, Veterinary distribution of food/feed products, meat and plant products throughout the joint implementation of measures aimed at solving common problems and Plant Protection Code Georgia. The code also reviews primary production methods, animal between self-governments and the National Food Agency of Georgia (Legal (2012) and plant health, veterinary preparations, pesticides and agro- Entity of Public Law under state control of the Ministry of Agriculture). This chemicals, as well as environment protection issues. is applied in the following circumstances:
Note: • Per the need of plant or animal quarantine, to localize the distribution of In adopting the code, the following laws were repealed: harmful organisms and disease area, and to introduce, or remove quarantine, or other restriction measures, and facilitation of the their • Law of Georgia on Food Safety and Quality, 2005; implementation; • Law of Georgia on Veterinary, 1994; • To facilitate the implementation of preventive and compulsory measures • Law of Georgia on Plant Protection from Harmful Organisms, against the spread of animal diseases in the administered territory; 1994; • Facilitation of the implementation of measures directed to tackle harmful • Law of Georgia on Agricultural Quarantine, 1997 organisms, which are not subject to quarantine.
The code does not define the responsibilities of self-governments and/or competences in the field of use of veterinary preparations, pesticides and agro-chemicals, as well as to issues connected to environment protection.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 24
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
18 Law of Georgia on Product The code aims to achieve the following: State supervision and permitting on construction activities, except those Safety and Free Movement characterized as being high risk: Code • Protect human life, health, environment and property; (2012) • Provide the market with safe food and its free movement; Note: • Provide and support the competitive environment for the product movement and disposal to the market; The code represents an attempt to gather a significantly wide spectrum of • Ensure compliance with exploitation requirements at the facilities different issues in one legislative act. The following laws were repealed of higher threat, which are under state supervision and control; when the Law on Product Safety and Free Movement Code was introduced: • Introduction of a risk assessment and analysis based inspection system; • Law of Georgia on Customer Rights Protection (1996); • Develop an inspection system applicable for high threat facilities • Law of Georgia on Standardization (1999); and develop a legal procedure for these inspection bodies; • Law of Georgia on Production and Service Certification (1996); • Distribution of the power and responsibilities of the Legal Person • Law of Georgia on Measurement Unity (1996); of Public Law Technical and Construction Supervision Agency • Law of Georgia on Technical Threat Control (2010) and the inspection bodies in the field of usage and control on• By repealing of the Law of Georgia on Technical Threat Control (2010) the facilities of higher threat; following laws were repealed since 2010: • Implement construction activities per technical regulations and in compliance with legal requirements; • Law of Georgia on Dangerous Industrial Objects Safety (1997); • Introduce best practices in the field of standardization, • Law of Georgia on Engineering-Geodesic Control and Safety of Objects metrology, accreditation and assessment and provide of Special Importance and Strategic Importance (2003); synchronization with EU legislation. • Law of Georgia on Hazardous Chemical Substances (1998); • Law of Georgia on Industrial Explosive Substances (2003); • Law of Georgia on Construction Permit (2004); • Law of Georgia on Licensing on Design and Construction Activities (1999); • Law of Georgia on State Supervision on Architectural and Construction Activities (1997) 19 Law of Georgia on Living The goal of the law is to ensure compliance with various international The law does not define the responsibilities and/or competences of Genetically Modified treaties in the field of use of living genetically modified organisms, municipal government in the field of use of living genetically modified Organisms such as Convention on Biological Diversity (Rio de Janeiro, June 5, organisms. (2014) 1992), Bio-safety Cartagena Protocol (Montreal, January 29, 2000) of the Convention on Biological Diversity, and other international treaties to which Georgia is a party.
20 Law of Georgia on Waste The code create a legal basis for waste management and facilitates Self-government have the authority to manage municipal waste, including Management Code the prevention of waste generation and increases the opportunities for the development of municipal management plans, to collect municipal (2014) second use waste treatment in a safe way. These include recycling waste, and to introduce and operate a separate waste system. and separation of secondary raw material, energy generation from waste and safe disposal of waste).
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 25
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
Protected Areas, Resorts and Recreational Areas, and Protection of the Sea, Water Bodies and River Banks 21 Law of Georgia on Protected The law defines the categories of protected areas and regulates The competences of the self-government in the field of protected areas are Areas issues related to the planning of protected areas system as well as the limited. The law defines mostly procedures of cooperation with the Agency (1996 ) establishment and abolishment of the protected areas. of Protected Areas.
22 Law of Georgia on Protected The law regulates the legal issues related to the status, area and The roles and responsibilities of the self-government are not defined. Areas Status boundaries, management and operation specifications of the protected (2007) areas established until the Law of Georgia on the Protected Areas System entered into force.
23 Law of Georgia on the Issues connected to the establishment, management, protection and The roles and responsibilities of the self-government are not defined. Establishment and use of relevant protected areas are defined. Management of Kolkheti Protected Areas (1998) 24 The Law of Georgia on Issues connected to the establishment, management, protection and Management of the Tusheti Protected Landscape is under the competences Establishment and use of relevant protected areas are defined. of relevant municipality in accordance with Georgian legislation and in Management of Tusheti, accordance with management plan on Tusheti Protected Landscape. Batsara-Babaneuri, Lagodekhi and Vashlovani Protected Areas (2003) 25 Law of Georgia on Mtirala Issues connected to the establishment, management, protection and The roles and responsibilities of the self-government are not defined. National Park use of relevant protected areas are defined. (2006) 26 Law of Georgia on Issues connected to the establishment, management, protection and The roles and responsibilities of the self-government are not defined. Establishment and use of relevant protected areas are defined Management of Borjomi- Kharagauli Protected Areas (2007) 27 Law of Georgia on Issues connected to the establishment, management, protection and The roles and responsibilities of the self-government are not defined. Establishment and use of relevant protected areas are defined Management of Imereti Caves Protected Areas (2007) ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 26
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
28 Law of Georgia on Issues connected to the establishment, management, protection and Management of multi-purpose use areas is under the competences of the Establishment and use of relevant protected areas are defined relevant municipal government. Management of Imereti Caves Protected Areas (2007) 29 Law of Georgia on Issues connected to the establishment, management, protection and The roles and responsibilities of the self-government are not defined. Machakhela National Park use of relevant protected areas are defined. (2012) 30 Law of Georgia on the Issues connected to the establishment, management, protection and The roles and responsibilities of the self-government are not defined. Establishment and use of relevant protected areas are defined management of Pshav- Khevsureti Protected Areas (2014) 31 Law of Georgia on the The goals of the law are the following: Relevant municipalities are involved in managing nature monuments Establishment and • To protect, restore and maintain distinctive natural cultural Management of Nature environment and its separate components; unique and rare Monuments organic and inorganic natural elements, archeological (2013) complexes, and rare natural monuments. • To provide protection, maintenance and restoration of land, water, forest, animal and plant resources, as well as other natural resources within the area of natural monuments. • To contribute to favorable environment for protection, restoration, education, and research activities, within the area of nature monuments. • To facilitate carrying out of the relevant monitoring. 32 Law of Georgia on Resorts The law establishes sanitary protection zones in order to maintain the According to the law, the self-government may define the boundaries of the and Resort Areas Sanitary therapeutic characteristics of certain natural resources and to protect sanitary protection zones. Protections Zones them from pollution, damage and attenuation. (1998) 33 Law of Georgia on Special The law defines the rules and procedures for the protection of state The roles and responsibilities of the self-government are not defined. Protection of Green Areas forests and the state forest fund lands within the territory of Tbilisi and within the Tbilisi City Area its surroundings. and its Surroundings and the State Forest Fund
(2000) ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 27
N Normative Act Field of Regulation Main Responsibilities or Functions of Self-government
34 Law of Georgia on The goal of the law is to provide within the engineering protection The roles and responsibilities of the self-government are not defined. Regulations and Engineering coastal zone the state supervision on extraction of the construction Protection of the Sea, Water and non-relief forming natural resources (inert matter, turf, rocks), as Bodies and River Banks at well as to management on natural and techno genic processes. To the territory of Georgia ensure sustainable development (use) of territorial resources and (2000) compliance of the activities of legal entities and private persons with the requirements of bank protection measures.
Spatial Planning, Territorial Development and Transport 35 Law of Georgia on the Basis The law regulates spatial planning and urban development processes, Spatial and territorial planning of settlements within the municipality of Spatial Planning and including settlement, infrastructure development, taking into Urban Development consideration cultural heritage and environment protection (2005) requirements. 36 Law of Georgia on Road Establishes legal, economic and organizational base for transport Establishing of regular urban conveyance routs and issuing of the relevant Transport related issues. permits. (1995) 37 Law of Georgia on Establishes the legal, economic and organizational base for transport Responsibilities of self-government are not defined. Management and Regulation management. in the Field of Transport (2007) 38 Law of Georgia on the The law regulates the stimulation of social-economic progress in the The law does not define the direct responsibilities and/or competences of Development of the High high mountain regions. In addition, it defines incentives, which should local self-governments with regard to the development of high mountain Mountain Regions contribute to improving the living conditions and wellbeing, regions. At the same time, the National Council on Development of the (2015) employment opportunities communities living in the high mountainous Mountain Regions is established by a governmental resolution in areas. accordance with the legislation. The Council appoints an advisory body with the GoG approving its composition and charter. The Prime Minister chairs the Advisory Body, which must be composed by at least half of representatives of mountain regions. Sizes of settlements of the mountain regions should be taken into account while decision is made on inclusion of relevant municipality governors and mayors. One of the main responsibilities of the Council is to submit programs on development of the mountain regions as well as the development strategy and various action plans to the GoG.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 28
3. ACTIVE LEGISLATION
3.1 Forest Resources Management
The Forest Code of Georgia, the main legislative document in the field of forest protection and forest resources use, was adopted in June 22, 1999. Over 20 amendments have been made to the Code, though as it is indicated in the National Forestry Concept of Georgia adopted by the decision of Parliament of Georgia, “the regulatory legislative and the sub-law normative acts in the forestry sector do not comply with the principles of forest sustainable management. The discrepancies and collisions in these normative acts create conflicts as between the normative acts themselves, as with other forestry related regulations”. Therefore, the further development and adoption of the revised Forest Code is planned in near future.
The main objectives of the Forest Code are the protection, maintenance and restoration of forests with the view to keep and improve the various beneficial natural characteristics, such as climate, water regulatory function, cultural and recreational features. These include the following: § To protect and conserve the original natural and cultural environment and its separate components for the benefit of future generations, such as wild flora and fauna, biodiversity in general, landscapes, cultural and natural monuments existing in forests, rare and endangered species of plants, as well as support of their harmonic co-existence; § To define rights and obligations of forest users in the field of forestry; § To satisfy ecological, economic, social and cultural needs of population of Georgia based on scientifically proved capacities of the forest resources; § To define main principles for forest management.
According to the Forest Code, forestry is a part of the geographical landscape, which in accordance with Georgian legislation covers the unity of forest-attributed trees, the relevant land area where those trees grow, as well as bushes, herbs and animals, which during their life cycle are interconnected biologically and influence each other and the whole environment. According to Article 9 of the Forest Code, “State, Patriarchate of Georgia, as well as legal entities and individuals have the right to own forests”.
However, the Code does not consider the legal ownership Self-Government units. According to the Forest Code, the local forest fund is a part of the State Economy Forest Fund (Economy Forest Fund is the State Forest Fund excluding protected areas). The relevant legislation in the field of self-government regulates its legal relationship with the Code on Local Self-Government. This provision of the Forest Code is in contradiction with the currently active Code on Local Self- Government, the latter of which consider forests of local importance to be municipal property. The May 23, 2007 Decision # 105 of the Government of Georgia24, defines the forests of local importance as a part of forest fund, which should be passed to the self-government, which can be used by population to satisfy their needs in accordance with active legislation and adopted rules. According to Article 4 of the Decision, the forests, which formerly belonged to kolkhozes and sovkhozes, should be handed over to the forest funds of local importance. The State Commission on Land Use and Protection should have passed these forests to the self-government in cooperation with the Ministry of Environment and Natural Resources Protection of Georgia and the Ministry of Economic Development of Georgia. This Decision is still in force, though it has not been fulfilled, except a couple of cases (only 2-3 municipalities in 2007-2010, managed to get in ownership some insignificant areas of forests with the exception of several small cases). The forests have not been handed over to self-governments and since 2010, in accordance with the Law of Georgia on State Property, all kolkhoz and sovkhoz forests, which must have been considered locally important and have been handed over to self-governments, were privatized.
24 Document available only in Georgian: https://matsne.gov.ge/ka/document/view/8464
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 29
The use of forests is an important issue in the management of the forest fund. The following legislative acts regulate forest use, including obtaining the license on forest use, license conditions, issuing of licenses on forest use, including the license on the basis of privatization:
§ Law of Georgia on State Property25; § Law of Georgia on Licenses and Permits26; § Law of Georgia on License and Permit Fees27; § Law of Georgia on Natural Resources Use Fees28.
§ The Resolutions of Government of Georgia:
§ Resolution #242 on adoption of the Procedure on Forest Use (August 20, 2010)29; § Resolution # 132 on adoption of the Procedure on Issuing Licenses on Forest Use (August 11, 2005)30; § Resolution #2299 on adoption of the Limits of the State Forest Fund (August 4, 2011)31; § Resolution #179non adoption of Procedure on Forest Inventory, Planning and Monitoring (July 17, 2013)32; § Resolution #46 on adoption of the Rules of Movement of Timber at the Territory of Georgia and Technical Regulations on Facilities for Primary Processing of Round Billet (Sawmills) (January 10, 2014)33.
On June 6, 2010, eleven chapters were removed from the Forest Code in accordance with various amendments. These chapters related to the following issues: § ‘Obtaining of the right on forest use’ (Chapter XIV); ‘Forest plantations’ (Chapter XVI); § ‘Production of forest wood plant items and second quality wood material’ (Chapter XVII); § ‘Forest non-timber resources use’ (XVIII); § ‘Forest Fund use for agricultural purposes’ (Chapter XIX); § ‘Special use of Forest Fund’ (Chapter XX); § ‘Scientific, research and educational use of Forest Fund’ (XXI); § ‘Resort, Recreational, Sport, and other cultural and health-improving use of State Forest Fund’ (Chapter XXII); § ‘Establishing of Hunting Farms’ (Chapter XXIII); § ‘Forest use fees and taxes’ (Chapter XXVI); § ‘Document confirming legal processing of wood’ (Chapter XXVII).
All these issues are either disseminated in different legislative and sub-legislative acts, or are not regulated at all. Hence, the Forest Code is no longer the principal document regulating the usage of forests, though initially the aim of establishing of the Code was to design a systematized document integrating all forest use related issues. Currently, the main document is a sub-law, entitled the Resolution of the Government of Georgia N 242 on adoption of the Procedure on Forest Use (August 20, 2010). It should be noted that 39 different amendments have been made to this document34. The document works to establish the rules on forest use within the limits of Forest Fund. Article 3 of the document defines forest types, which mostly coincide with the types defined by the Code. In addition, it does not consider certain types of forest use, such as scientific, research and educational use, which were defined by the Code; establishment of hunting farms and hunting. However, a new type of forest use has been added to the new document, which is the installation of communication facilities.
25 Available only in Georgian: https://matsne.gov.ge/ka/document/view/112588 26 https://matsne.gov.ge/en/document/view/26824 27 https://matsne.gov.ge/en/document/view/12880 28 Consolidated vesion is avalable only in Georgian: https://matsne.gov.ge/ka/document/view/28948 29 Avalable only in Georgian: http://moe.gov.ge/index.php?lang_id=GEO&sec_id=36&info_id=0&mod_id=0&new_year=0&limit=0&date=&new_month=&entrant=2 30 Avalable only in Georgian: http://moe.gov.ge/index.php?lang_id=GEO&sec_id=36 31 Avalable only in Georgian: https://matsne.gov.ge/ka/document/view/1455480 32 Avalable only in Georgian: https://matsne.gov.ge/ka/document/view/1971205 33 Avalable only in Georgian: https://matsne.gov.ge/ka/document/view/2193366 34 By the state of August 19, 2015
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 30
The main decision-making body on the forest use issues is the LEPL National Forestry Agency of the MoENRP. Article 4 of the Government Resolution on adoption of the Procedure on Forest Use defines the types of services to be provided by the Agency in the field of forest use. The provisions of this Article confirm that the self-government do not have any functions in planning the use of forestry resources. In case of so called “social logging” (forest logging for social needs of population for provision of fire food for population), if it relates to the first quality forest demand, in accordance with Article 10 of the Resolution, the application to the Agency should be submitted not by the self-government, but the Governor. This rule is not applicable in the Autonomous Republic of Adjara, where applications are submitted to the self-governments (municipal government). However, Article 13 defines the role of self-government in the field of forest management and its paragraph ‘d’ defines the competence of self-government to issue the ‘Forest Use Tickets for the purposes of using the Local Forest Fund’. Article 16, paragraph 2, states that ‘the municipal government through relevant services carries out management of forests of local importance within the competences assigned in accordance with the legislation of Georgia.’ Therefore, the self- government should have their own specialized services to manage forests of local importance; especially taking into account that the former Organic Law on Local Self-Governments, as well as the active Organic Law on Local Self-Government Code, defines that the exclusive right to manage forests of local importance is under the competences of self-governments.
However, in 2007 the GoG adopted the resolution on rules for definition of the forests of local importance, though, actually, this resolution did not provide for definition of the forests of local importance, as well as their removal from the State Forest Fund. The resolution served as a basis for delegation of the mentioned competence to the State Commission, which should have defined the individual status of forests and then transferred them to the self-government. Practically, this resolution has not been fulfilled, except a couple of cases, and therefore, this issue is still not regulated without actual differentiation of forest of local importance. Moreover, the forests, which could have been determined as the forests of local importance, such as former kolkhoz and sovkhoz forests, were privatized in accordance with Article 14 of the Law of Georgia on State Property, which states, “Former kolkhoz and sovkhoz forests within the territories of settlements are subject to privatization”.
Hence, the self-governments have no legal mandate or right to manage forests of local importance. They do not have any feasible base as well, because the forests, which could potentially be managed by self-government, may be privatized earlier.
The following law regulates the dispensation of licenses for forestry usage: the Law of Georgia on Licenses and Permits, the Law of Georgia on License and Permit Fees, the Law of Georgia on Fees on Natural resources and the Decision of the Government #13235 on Adoption of the Procedure on Issue of Forest Use License and License Conditions. The Legal Entity of Public Law, the National Environmental Agency of the MoENRP is responsible for issuing of general and special licenses.
The sums transferred for forest use, in accordance with the Annex to the Budgetary Code of Georgia, are distributed between the national and municipal budgets in the following manner; please note that the Autonomous Republics of Abkhazia and Adjara are also included. § Natural resources use fee: transferred totally to the budget of the Autonomous Republic of Adjara if the natural resource is used on the territory of the Autonomous Republic of Adjara; if the natural resource is used at other territories of Georgia – to the budgets of those municipal governmental budgets where this resource were used; § Total amount of the fee for issuing the licenses is to be transferred to the national budget, if the license is issued by the GoG. If the license is issued by the Autonomous Republic of Adjara Authority Body, the total amount of the fee is transferred to the budget of the Autonomous Republic of Adjara;
35 61 amendments have been made to the Decision by state of July 17, 2015
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 31
§ The license fee is to be transferred to the State budget, if a license is issued by a state authority. If the license is issued by the Autonomous Republic of Adjara Authority Body, the total amount of the fee is transferred to the budget of the Autonomous Republic of Adjara;
Hence, the fee on natural resources use for the forest utilization is to be transferred to the budgets of self-governmental units. Certain difficulties in transferring of the fees can be explained by the fact that the competences for collecting of fees are distributed between the Tax Agencies and the Forestry Agency. In accordance to Article 9 of the Law on Natural Resources Use Fee, the Revenue Service is responsible for administering the usage of the timber resources of the Forest Fund, while the Forestry Agency is responsible to administer the “social cuttings”. A body, which issues a license, is responsible to administer non-timber resources.
In August 13, 2010, the GoG adopted Resolution #241 on the Rules on Forest Rehabilitation and Maintenance. The goals of this Resolution are to establish the legal bases for regulating the maintenance and rehabilitative measures of the territory under the authority of State Forest Fund. In particular, these measures include the following: § To maintain ecological balance in forests, age structure and species composition of forests; § To develop sustainable and highly productive forest stands; to provide capacity building in forest use field; § To keep climate conditions and avoid adverse impact of climate change in forests.
The legal acts for regulating the Forest Fund are contradictory. To eliminate these discrepancies and to define a state policy, the Georgian Parliament approved the Resolution on the National Forestry Concept in December 11, 2013. The aim of the Concept is to develop a sustainable management system, which can ensure the improvement of the Georgian forests; to protect forest biodiversity, to ensure the effective use of economic potential of the forests while ensuring the public participation in forestry management and an equitable share of its benefits.
The Concept works to create a sustainable management system for the forests to protect their biodiversity, productivity, self-rehabilitation and vitality. As such, forests would continue to provide environmental, economic and social benefits at local, national and global levels, without causing any harm to other eco-systems. All parties participating in the forest management, such as national institutions, private organizations and local communities, should follow this principle.
The precautionary principle outlined in the Concept has a special importance. According to this principle, the function of forests should be taken into account in developing strategies and plans in all relevant sectors of the country. This allows avoiding degradation of other forest functions, while receiving benefit from one of them.
The concept principle ‘All forests are local’ is also important as it details that the identity and culture of communities living in the local forest areas should be ‘recognized and supported’, as well as the traditional knowledge on forest use and forest maintenance. The benefits gained from the use of forest resources should be shared in an equitable way among local, regional and national users. These provisions are important, though the issue of the role of the self-government also deserves significant attention. Unfortunately, the role of the self-government in sustainable forestry development is not sufficiently represented in the concept. Paragraph 3.1 of the concept, concerning the lack of legislative base, weak institutionalization and insufficient enforcement of legal requirements, states that “the forests have not been given to the self-governments due to their weakness”.
In general, such a statement is not correct as the key contributing factor for the impotence of the self-government, both material and financial, is due to the fact that until now they have not received neither forests, nor any other natural resources, financial, material, or human, to support their roles and responsibilities. Paragraph 5.3 of this concept is more or less encouraging, as it states, that: “in accordance with the provisions of the Forest Code of Georgia, the self- governmental units shall manage the forests of local importance trough the specialized services
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 32 and within the competences assigned by the legislation of Georgia and in accordance with requirements defined by the Code”. Currently, however, this provision is not being fulfilled as more active legislation and sufficient resources are required to implement this provision.
A new vision of the concept regarding forestry management deserves special attention. It is planned “to involve the local communities to the management of local forests and to take into consideration the interests of the communities and especially of women and younger generation, while planning activities in the field of forest management. They will be responsible for rational use and proper management of the resources, which would ensure wellbeing of present and future generations. To this end, the concept defines the needs in awareness rising with regard to responsibilities of local communities on forest resources, including the development and piloting of the mechanisms, which would involve these communities in forestry management.
The concept represents a significant document as it also mentions adaptation to climate change. The concept highlights the possible threats, due to climate change, of significant reductions in the quantitative and qualitative characteristics and functions of forestry resources. Moreover, it points out the “necessity of relevant measures to be conducted for mitigation of adverse impact caused by climate change and adaptation to climate changes.”
In order to implement the provisions defined in the concept and enhance the role of self- government in forest fund management, the legislation should further define the forest fund of national importance. The national government should create the list and delineate the limits of such forests while forest funds of all other types, which are not included in that list, should be declared forests of local importance and be given to the self-government. The National Forestry Agency should transfer all related documentation to the municipal on the relevant local forests and ensure the provision of technical assistance to inventory and register the forest funds of local importance. The national government should define the standards for the management and use of the forests of local importance, as well as the rules and procedures for licensing and permitting. They should also provide compliance control with these standards and rules. The self-government should have the right to issue licenses and permits on the usage of forests of local importance in accordance with the established standards. In addition, they should have the right to define the fees for use of resources within the limits defined by the legislation, which should be transferred to the local budget. Accordingly, the relevant changes should be made to the Law of Georgia on Licenses and Permits to mandate the self-government the right to issue licenses and permits.
Regarding forestry, ICCAMGR recommends the following amendments be made to the Georgian legislation and following categories of local forests created: § Forests used for restoration purposes should be used solely for recreational activities. The self-government unit should ensure the forests’ regeneration; § Forests used for timber: In this category, the self-governance unit will issue licenses and permits for the forests’ use in accordance with applicable legislation; § Forests used by local communities mainly for firewood: Control over these forests will be exercised by the relevant municipal government in compliance with established standards.
However, prior to transferring management rights of local forests to the municipalities, ICCAMGR recommends that the national government develop a forestry management plan and carry out a feasibility study for each municipality. In doing so, the national government will avoid placing additional financial, material and administrative burdens on the self-government while working to prevent environmental risk to these forests such as excessive logging.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 33
3.2 Water Resources Management
The main legal document regulating the use of water in Georgia is the Law of Georgia on Water and 36 according to Article 9, the State Water Fund is divided into three groups: § Waters of special state importance; § Waters of state importance; § Waters of local importance.
It should be noted that the Law defines waters of local importance. According to paragraph 7 of the Article 9, the waters of local importance are all water bodies of the State Water Fund, which are not recognized as the waters of special state importance and waters of national importance. In accordance with paragraph 8 of the same Article, the MoENRP should approve the list of waters of special state importance and waters of national importance. In accordance with this provision of the law, the MoENRP issued on May 7, 1998, the Order N 61 on the adoption of the List of Surface Water Bodies of Special State Importance and State Importance. Hence, all surface water bodies, not included into the mentioned list, represent the water bodies of local importance. In accordance with the Law of Georgia on Water self-government have a wide competence on the waters of local importance. The Law of Georgia on Water defines also a quite significant role of self-government in the field of water use, water protection and water management.
The decentralization approach defined by the Law of Georgia on Water has been changed to a centralized system approach that was reflected in The Resolution of the Government of Georgia N 137 adopted in August 11, 2005. The Resolution on Rules and Procedure on Issuing and Conditions for receiving of Permits on Water Intake from the Surface Water Bodies and Water Discharge into the Surface Water Bodies37. It should be noted that paragraph 2 of Article 1 of the Resolution indicated the necessity of amendments to the Law on Water that would change the current approach. In particular, it states that “The aim of the Resolution is to define rules and the conditions for issuing permits on water intake from the surface water bodies and discharge into the surface water bodies in accordance with the Law of Georgia on Licenses and Permits before the relevant amendments are made to the Law of Georgia on Water”. Accordingly, the Resolution is based on the Law of Georgia on Licenses and Permits and defines the rules for issuing permits on water use in the way different from the rules given in the Law of Georgia on Water. According to the Resolution, only the MoENRP issues permits for water use, whether the water bodies of national importance or local importance. The Ministry was responsible also for compliance control with the permit conditions. The permit on water intake and water discharge to the surface waters has been removed by the amendments made to the law on Licenses and Permits in 2007. In 2013, the amendments made to the Law on Water replace the Articles related to the issues on obtaining the right on water use. At the same time, some competences of the national government were removed from the Article 10 of the Law including the following: § Preventing unauthorized activities of water bodies and the unauthorized use of water; state inventory of water resources; § Registration of water use; § Keeping of the state water registry; § Development and approval of complex schemes on water balances; § The state water reserve, water use and protection; § Licensing of commercial water production.
For the time being, the only law, which regulates water resources use at the national level, is the Law on Natural Resources Use Fees.38 Article 5, paragraph 4 of this Law defines the amount of fee on water resources use. However, there also exists an evident contradiction. In accordance with Article 3 of the Law, the activity of a person or entity, which pays the fee, is subject to licensing. From the other hand, the Law on Licenses and Permits of Georgia considers licensing only on
36 https://matsne.gov.ge/en/document/view/33448 37 Avalable only in Georgian: https://matsne.gov.ge/ka/document/view/2296 38 Consolidated vesion available only in Georgian https://matsne.gov.ge/ka/document/view/28948
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 34 water supply activities, as cited in Article 6, paragraph 87, and mineral water supply as cited in Article 17. In 2006-2007, licensing on water intake from surface water bodies and water discharge to the surface water bodies was removed from the Law of Georgia on Licenses and Permits.
Thus, in spite of the fact, that the Law of Georgia on Water defines the waters of local importance and in accordance with this Law, the self-government have quite wide competence in this field, they cannot perform their legal roles due to lack of a comprehensive legislative base.
It should be also noted that the Code on Self-Governments considers the management on local waters under the competences of Self-Governmental Bodies. However, according to current state, the self-government does not participate in any processes connected to the protection, use, or planning on water resources.
3.3 Water Supply and Sewage Systems
Until 2007, the self-governments were tasked with managing, providing and maintaining a sustainable supply of drinking water and effective sewage systems, inclusive of drainage. In November 20, 2007, the Organic Law of Georgia on Self-Governments was amended and the responsibility for supplying local populations with drinking water was removed from the mandates of the self-government. The aim of the amendment was to prepare the relevant ground for privatization and to attract investments. At this stage, only Tbilisi, Mtskheta and Rustavi water supply systems have been privatized by a private company. In particular, per Decision N325 of the GoG, taken on May 14, 2008, the Ltd. Georgian Waters and Power privatized the water supply systems in Tbilisi, Mtskheta and Rustavi. The Decision, based on a purchase agreement between the GoG, the MoE, Tbilisi City Authorities, and Ltd. Multiple Energy Limited, purchased 100 per cent of shares of Ltd RustavTskalKanali, Ltd MtskhetaTskalKanali, Ltd SakTskalKanali, and Ltd Tbilisis Tskali. At present, privatization has not been conducted in other municipalities and a separate state company was established to manage the field of water supply. Initially there were two companies, the East Georgian Water Supply Company and the West Georgian Water Supply Company, while in 2010 the United Water Supply Company of Georgia. The United Water Supply Company ensures a sustainable water supply throughout the entire country, including water supply and sewage system management. However, their competences must have been limited by management of major water supply and sewage systems, mostly of located in administrative centers of the municipalities and self-governing cities (except municipalities of Adjara Autonomous Republic, as well as Tbilisi, Rustavi and Mtskheta). Therefore, the self-government continued water supply of the population beyond the administrative centers of the municipalities, though without legally assigned competences. In accordance with Article 16, paragraph 2, sub-paragraph ‘h’ of the Self-Government Code, the role of the self-government were defined in 2014 as “to provide their population with the water supply (including technical water supply) and sewerage”; to develop local melioration system. “Article 163 of the Self-Government Code defines, that the municipalities should provide drinking water supply and sewerage for the population through the licensee private legal entities and only for the settlements, where any relevant licensee does not conduct drinking water supply and sewerage. Taking into account that the Ltd United Water Supply Company of Georgia, as the licensee and the provider, provides its services for the self-governing towns, except Tbilisi, Rustavi, and Mtskheta, and administrative centers of the municipalities, except municipalities of the Autonomous Republic of Adjara, the competences of the municipalities do not cover these settlements in the field of water supply and sewerage.
3.4 Waste Management
Until 2014, Georgia lacked a systematic legal framework for waste management. Waste management issues were integrated into different legal acts and regulations and no singular law regulated the waste management field. A number of attempts were made to develop and establish
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 35 such legislative act until 2014. There were developed several versions of the draft law, though the final version of the Waste Management Code was adopted only by the end of 2014. The Code entered into force in January 15, 201539. The entry into force of the Waste Management Code is the most significant step in legal regulation of the waste management field. The main goal of this Code is to establish in the field of waste management a legal base for preventing waste generation and create environmentally safe treatment of the waste including recycling and separation of secondary raw, energy generation from the waste products and safe disposal of waste.
The Waste Management Code classifies waste so allow for the creation of optimal management schemes and methods for each type of waste. In accordance with Article 2, part 3 of the Code, the list of types and characteristics should be approved by the Decision of the GoG. At the same time, the lack of definitions on waste owners can be considered a significant gap in the Code.
Overall, the waste management policy complies with relevant EU regulations, where attention is paid, first, to the waste minimization and generation prevention, while waste disposal is of lesser concern. Correspondingly, priority in defining of the responsibilities in the waste management field is given to environmental benefits, and afterwards, to the economic suitability.
According to the Code, the functions of the MoENRP are as follows: § To develop and implement the integrated national policy in the field of waste management; § To conduct a national inventory on waste and maintain the relevant data base; § To develop a national waste management strategy and to develop a strategy on bio- degradable municipal waste; § To develop a national waste management action plan, coordinate its implementation and develop relevant reports; § To issue permits on activities connected to waste management and to hold the relevant register; § To support measures connected to waste prevention, separation, preliminary treatment, re- use and re-cycling; § To provide national control on waste management.
According to the Code, municipalities have mandated responsibilities in the areas of waste management. Correspondingly, amendments have been made to the Local Self-Government Code, according to which, the waste management is within the authority of self-government. The earlier version of the active Local Self-Government Code defined the competence of the self- government only for collecting, transporting and disposing of generated waste. The Waste Management Code defines waste management as collection, temporary storage, preliminary treatment, transportation, recovery and disposal, as well as supervision of these activities and further maintenance of the disposal locations. However according to the Code, the Ministry of Regional Development and Infrastructure (MRDI) oversee the construction, management and closure of municipal landfills.
The Waste Management Code does not clearly define issues related to construction of hazardous waste landfills. While Article 21 of the Waste Management Code places hazardous waste landfills in a separate category, the Code does not assign any state institution to be responsible for construction of such landfills.
The Code defines responsibilities for the development of a national waste management strategy and national action plan, as well as for the adoption of a five-year waste management plan by the municipalities. According to the Code, enterprises, which generate over 200 tons of non-hazardous waste or over 1000 tons of inert waste, should develop the similar plans.
In addition, the Waste Management Code reviews issues such as waste minimization, re-use, secondary use and treatment, as well as to the development of legal mechanisms for the
39 https://matsne.gov.ge/en/document/view/2676416
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 36 separation of raw materials from waste. According to Article 16, part 1, paragraph ‘b’ of the Code, the municipalities are obliged to both introduce the waste separation system and to ensure its effective operation. When separate waste collection systems are implemented, all relevant waste generating agencies are obliged to use this system. This approach complies with the requirements of EU legislation and the established management system complies with relevant best practices. However, the Law (Waste Management Code) is drafted in such a way that when the waste producer is not defined, the waste separation system will not be effective.
In addition, Code regulates violations and establishes the fines for environmental pollution as well as non-compliance with the Code’s requirements. According to Article 47, the MoENRP and the Ministry of Interior, as well as competent municipal representatives have the right to impose administrative penalties. However, these agencies do not have clearly demarcated roles and all three institutions have the right to try the same administrative violation case and impose administrative penalties. In such cases, the legislation is not clear as to which budget the penalty fees are transferred, although per the Budgetary Code of Georgia, fines must be transferred to the budgets of the organization imposing the penalty. Therefore, if either the MoENRP or the Ministry of Interior pursues a case, the sum must be transferred to the national budget, while in case of a municipality; it must be transferred to the relevant local budget. Accordingly, it would be appropriate to clarify the roles and responsibilities of the institutions by the types of violations.
Despite these shortcomings, the adoption of the Waste Management Code is a step forward, though enforcement is a long-term goal. A critical issue is that while the Waste Management Code entered into force in January 15, 2015, the implementation of all sub-laws and Articles is projected to take place by February 1, 2019.
In parallel with the adoption of the Waste Management Code, thirteen active legislative acts were amended and included the following: § Local Self-Government Code; § Law on Environmental Impact; § Law on Wildlife; § Administrative Violations Code of Georgia; § Law on Local Taxes; § Law on Environment Protection; § Law on Cultural Heritage; § Law on Resorts and Resort Places Sanitary Protection Zones; § Law on Soil Protection; § Code on Food Safety and Free Movement; § Law on Investment Activity Promotion and Guarantees; § Law on Fossils and Law on Water.
In addition to the Waste Management Code, the following legislation regulates waste management policy: § Law of Georgia: § Environment Protection; § Environmental Impact Permit; § Waste Transit and Import at the Territory of Georgia.
§ Resolution of Government of Georgia N127 (January 24, 2012) on Second National Environment Action Program;
§ Orders of Minister of Labor, Health and Social Protection:
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 37
§ On Solid Municipal Waste Landfills Construction and Operation Sanitary Rules and Norms; § On Medical Waste Collection, Storage and Treatment Sanitary Rules.
§ International Conventions: § Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal § Stockholm Convention on Persistent Organic Pollutants.
The Law of Georgia on Environmental Protection regulates the legal relationship between the GoG, legal entities and private persons in the field of environmental protection and natural resources use. In this regard, it is also connected to the waste management issues.
The Law of Georgia on Environmental Impact Permit was adopted on December 14, 2007 and replaced the Law on Environmental Permits. The Law defines the complete list of activities subject to obligatory environmental review throughout Georgia. In addition, it defines the legal bases for conducting ecological reviews, environmental impact assessments as well as involving public participation in decision-making process, while issuing the permits.
In accordance with the Article 4, paragraph 1, sub-paragraphs ‘e’ and ‘f’ of the Law, the treatment of municipal waste, including construction of waste incinerators, and or landfill construction, as well as the disposal of toxic and other hazardous waste, construction of storages and or waste treatment and neutralization is subject to ecological expertize. Operators of the mentioned activities are obliged to carry out an environmental impact assessment (EIA). The MoNERP issues permits after conducting an EIA and during the process, the MoENRP is obliged to provide public information and participation in decision making process.
The Law of Georgia on Trans-Boundary Movement of Hazardous Waste and Control on Their Disposal regulates transit and import of waste throughout Georgia. The aim of this Law is to meet the requirements of Basel Convention of March 22, 1989 and EU Regulation 259/93/EEG, of February 1, 1993, on the supervision and control of movement of waste within the EU and beyond the EU borders.
According to Article 2, paragraph 1 of the Law, transit and import of any type of waste throughout Georgia, including territorial waters, air space, continental shelf and exclusive economic zone, is prohibited, if not otherwise indicated in this Law.
Article 3 of the Law indicate the exemptions and permits the importing of non-hazardous waste, i.e. non-toxic and non-radioactive waste only with the aim of treatment, re-export, or any other reasons defined by the Annex 4 of the Basel Convention on B class operations connected to waste disposal.
3.5 Land Resources
The main deficiency in the land resources management is the lack of the systematic statutory act in the given area. The abovementioned deficiency is also considered important in the field to be discussed in terms of approximation of the legislation of Georgia with EU legislation. Despite the fact that the EU does not have a direct so-called horizontal legislation related to the sustainable land management and other matters pertaining to the areas, these areas are regulated by strong financial instruments and in the frameworks of the overall EU policy.
The current legislation of Georgia does not define the key provisions of land use, including the major categories and sub-categories of land. In fact, the current legislation defines only two categories of land - agricultural and nonagricultural, where nonagricultural land is defined as all the
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 38 land that is not used for agricultural purposes, and agricultural land is defined as all the land that is used for agricultural purposes.
Among agricultural lands pastures bear particular social importance. The issue of pastures is not regulated by any special act of the legislation of Georgia. The law on Public Registry40, pasture is defined as one of the sorts of agricultural land. The legislation does not provide a more detailed explanation of the term “pasture”. The legal issues on pastures are presented only fragmentarily in the legislation. According to Article 4, under the law on State Property, no pastures are privatized "except for pastures leased until July 30, 2005, and pastures, which by the set rules under the act of the state or local self-government (government) bodies are duly attached to privately owned and/or state-owned buildings of physical and/or legal entities.” According to Article 7 of the given law, leased agricultural land (including pasture) is subject to privatization through direct sale. According to Article 12 of the given law, a person who had leased agricultural land was given a deadline for the privatization of the land until May 1, 2011. If the tenant did not make the privatization of the land, the lease agreement would be canceled and the privatization of land would be done in accordance with the general rule, as the state-owned not leased land via auction or direct sale.
According to the Article 47 of the Georgian organic law on Local Self-Governance, passed in 2005, the agricultural land, which is not a subject to privatization (i.e. the pastures that have not been leased), shall pass into possession to self-governing entity. The part of self-governing entities exercised this right and registered the pastures as the possession of the self-governing entity, but in 2010 the given law was amended, according to which, pastures no longer were transferred into the ownership of the self-governing entity. Consequently, starting from 2010, the passing of pastures into possession of the self-governing entity was suspended. According to the Local Self- Governance Code, Article 107, Paragraph 2, privately-owned agricultural land and agricultural land registered as state property, including pastures, is not considered to be the property of the municipality. According to Paragraph 3, municipality is given the right to apply to the Public Registry with request of registering the existing unregistered agricultural land (including pastures) as private ownership, nevertheless, according to the very paragraph, the abovementioned request of municipality “does not deprive the state the right to register the unregistered agricultural land as state property”.
As for the issue of ownership of pasture and the community land resources - such a definition can be found only in the law on Agricultural Land Ownership41 Article 4, Paragraph 3, according to which “in the mountainous regions the land can be in private, community and public ownership”. Nevertheless, neither this law nor any other law specifies the meaning of “community ownership” and why this form of ownership can exist only in mountainous regions. Community property is neither mentioned in the Civil Code, consequently, without the legal security this type of ownership is devoid of legal control.
The deficiencies in pasture management issues are indicated in “Georgian Biodiversity Strategy and Action Plan 2014-2020”42, approved by the decision N343 of the Government of Georgia on May 8, 2014, where it is stated that “the legislation and state programs do not determine the institutional framework conditions of sustainable use of the common pastures, that results in unorganized and unsystematic graze. Degradation of natural pastures, together with farmers' lack of knowledge, was furthered by the improper, inappropriate privatization and leasing of pastures, as well as the inexistence of control mechanisms of common pastures management. Currently, the state does not have the appropriate regulations and mechanisms to ensure the control of private pastures, as well as the pastures being in common use in villages, encourage the observance of sustainable pasture management principles and planning and implementation of complex measures aimed at increase of productivity.”
40 https://matsne.gov.ge/en/document/view/20560 41 https://matsne.gov.ge/en/document/view/32998 42 https://www.cbd.int/doc/world/ge/ge-nbsap-v2-en.pdf
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 39
3.6 Mineral Resources
The legal provisions related to minerals and mineral resources are stipulated in the Law on Mineral Resources (1996)43. The law aims to ensure the rational use of minerals and mineral resources by considering the natural regulations and environmental potential, the interests of present and future generations, and sustainable development principles.
According to the law, the minerals found in the land area of Georgia, its territorial waters, continental shelf and specific economic zone represent the national wealth of Georgia and are protected by the state. The minerals of Georgia are the state property of Georgia. Any action that directly or indirectly undermines the right of the state on minerals ownership is prohibited, and any such deal shall be interpreted as void. The right on land ownership does not mean and does not entitle the right on minerals ownership.
According to the law, minerals are the part of the crust of the earth surface, which are exposed to the surface or lie in the soil layers and the reservoir, as well as under the bottom of soil layer and reservoir and are available for examination and utilization.
The Law on Mineral Resources regulates the examination and utilization of minerals, any kind of mineral resources, and underground natural spaces, as well as the relations emerged in the process of mining and processing waste (including overburden) utilization, its storage and protection, as well as in the process of construction and exploitation of underground structures.
The law allows the division of minerals only on the basis of economic importance. For this purpose, the minerals are divided into special state, state and local importance groups, the definitions and the list of which are approved by the government of Georgia. According to the amendments made to the law on March 25, 2013, the rules of defining the groups and list of minerals shall be approved by the government of Georgia. Such a rule and the list are still to be approved, and, as a consequence, the minerals are not grouped in accordance to the law. However, it should be noted that the law does not prescribe regulation rules for minerals division into groups (with the exception of Article 6, paragraph 4, which distinguishes the local wealth and states that “a license is not required for mining the local importance minerals, construction and exploitation of underground structures within privately owned land by the user with the household purposes”), but, given that neither the regulation rule for minerals division into groups nor the list of minerals groups are established, it remains unclear which of the minerals species can be considered of local importance.
Minerals management is carried out in a centralized manner. According to the Law on Mineral Resources, Article 21, in Georgia operates a unified state system of minerals management. The state minerals management is administered by the Ministry of Environment and Natural Resources Protection of Georgia, by means of the institution within its system – the legal entity of public law the National Environment Agency. The state minerals management is carried out by means of accounting, licensing, control and supervision of minerals utilization. The task of state minerals management involves complex and rational utilization of minerals, minerals and environment protection, as well as regulation of relations emerged in the process of minerals utilization, the creation of minerals base. For this purpose the following actions are implemented: setting permissible amount of the extractable minerals; development of minerals base; identifying areas, which may be used for other purposes than mining; establishment of economic fundamentals of minerals utilization; the establishment of standards and norms in the sphere of minerals examination and protection, complex and rational use of mineral resources, safe operation of works related to the use of minerals, and the control of their implementation and supervision.
43 Consolidated version available only in Georgian: https://matsne.gov.ge/ka/document/view/33040
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 40
Minerals research, minefields, minerals reserves and resources, construction and exploitation of underground structures, as well as the use of minerals areas, that is not related to the extraction of minerals are subject to record in the state database.
Minerals research and/or extraction of minerals are allowed only on the basis of a license. The license is issued by auction. Mining license issuance procedures and conditions are set forth in the Resolution N136 of August 11, 200544 of the government of Georgia.
The state control of mineral use is executed by the sub-department of the Ministry of Environment and Natural Resources Protection – Environmental Supervision Department. The main task of state supervision and control is to determine how the users of the minerals follow the requirements of the legislation.
The Law on Mineral Resources also establishes the basic requirements for minerals protection and mining processes. From these requirements it is important to maintain the ecological balance, protection of mineral resources areas from flooding, dilution, pollution, fires, depletion and other factors; prevention of storage of gas and other substances in minerals, disposal of harmful substances and waste, prevention of harmful effects on the minerals during sewage; ensuring reliable forecasting and evaluation of the impact of mining activities on the environmental condition; it is necessary to take measures to protect the environment and population’s safety.
As for the self-government authority with respect to minerals, the legislation does not provide such authority. The only valid norm on “Minerals” in the Georgian law with respect to the local government is of a restrictive nature, in particular with respect to the fact that “any action of local authorities that greatly limits the competition in the sphere of minerals utilization is prohibited.”
3.7 Desertification-Related Legislation
The UN Convention to Combat Desertification45 ratified by the Parliament of Georgia on June 23, 1999, constitutes an important part of Georgian legislation in relation of deforestation. On the basis of the requirements of the Convention, Permanent State Commission was established by the Decree of the President of Georgia N28246 on July 15, 2001 for the implementation of the UN Convention to Combat Desertification. The State Commission prepared the "National Action Plan to Combat Desertification”47 which was approved by the Decree of the President of Georgia N112 on April 2, 2003.
The main aims of the National Action Plan to Combat Desertification are: § Identification of desertification endangered territories and their areas; § Insurance of combat desertification by the sustainable use of natural resources, adequate planning and conservation actions implementation; § The involvement of competent authorities and institutions in combating desertification; § The development of international cooperation and partnership for combating desertification.
National Program to Combat Desertification consisted of the following parts: § National Action Plan to combat desertification; § Economic Mechanisms to combat desertification; § Biodiversity conservation measures against the desertification processes; § The activities aimed at the growth of population’s environmental awareness; § Desertification monitoring measures; § Measures to be implemented in the field of agriculture against desertification processes; § International and regional cooperation measures for combating desertification.
44 Available only in Georgian: https://matsne.gov.ge/ka/document/view/10258 45 http://www.unccd.int/en/about-the-convention/Pages/Text-overview.aspx 46 Available only in Georgian: https://matsne.gov.ge/ka/document/view/1256074 47 http://www.unccd.int/ActionProgrammes/georgia-eng2003.pdf
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 41
The main aspects of the National Action Program to Combat Desertification are also provided in the sub-chapter 3.1 “Environmental protection and climate change-related international treaties of Georgia” of the present study.
In 2014 the second National Action Plan to Combat Desertification was developed and approved48.
The second National Action Program was developed on the basis of the Implementation Strategy of Convention 2008-2018 adopted by the Parties to the Convention to Combat Desertification in 2008.
Operational objectives of the program were identified under the strategic and operational objectives of the above-mentioned 10-year strategy, as well as the structure of the second National Environmental Action Program and the National Biodiversity Strategy and Action Plan. These objectives are: § Advocacy, awareness raising and education; § Policy and legislation; § Technology and knowledge; § Capacity building; § Financing and technology exchange.
According to the program, the desertification/land degradation combating aspects include the reduction of the negative impact of desertification/land degradation and drought, as well as land resources management (land-tenure, landownership, water resource integrated management, protected areas management, agriculture, supporting practice of climate change adaptation, etc.) issues. Desertification/land degradation represents not only ecological, but also social and economic problem for Georgia. Overgrazing, reduction of forest areas, unsustainable agricultural practices and irrational exploitation of the territories with the aim of urban development are the main factors causing land degradation.
Desertification/land degradation process is caused by both natural and anthropogenic factors. The major natural factors are: climatic, hydrological, morph dynamic, soil, etc. As for the anthropogenic impacts, the important role is given to agriculture, mining works, urbanization, etc.
As a result of anthropogenic influence, arid and semi-arid areas increase, where wind and weathering erosion processes develop, which result in the formation of observing badland on the most of the territory. Due to the deforestation of plains and mountains, the climate aridity has significantly increased due to climate aridity, soil-vegetation degradation and desertification of the landscape have activated.
Salinization and salt-marsh processes cause the decrease of soil fertility. It is important to note the non-implementation of irrigation norms and rules in the arid agricultural zone, as a result of which secondary saline soils are formed. Soil fertility is reduced by strong soil acidity, which is caused by the intense and irrational use of fertilizers containing physiologically acidic salts, as well as by acidic precipitation and more.
In addition, in agriculture soil is polluted by the use of fertilizers (organic and mineral) and unsustainable use of toxic chemicals, by heavy metals getting into the soil, as well as by household and industrial waste.
Although Georgia is not in the immediate vicinity of the desert zone, amid the expected global warming some of the regions (Kakheti, Shida and Kvemo Kartli) in its eastern part may be in danger of local desertification in case of systematic drought. Besides these regions, there might be
48 Decree №742, December 29, 2014 of the Government of Georgia on „Approval on the second National Action Plan to Combat Desertification”:
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 42 other territories sensitive to desertification on the territory of Georgia, identification of which is also important for the effective arrangements for combating desertification.
Program strategic approaches and recommendations on the elimination of identified deficiencies in legislation and policy defining documents related to desertification/land degradation include the following areas:
§ Strategic approaches and recommendations for legislation The deficiencies of the law related to desertification/land degradation and other subsequent issues are mainly related to the fact that currently in this sphere the norms under the international obligations taken upon by Georgia are not fully integrated in domestic legal acts - the abovementioned functions are partly performed by normative or individual legal acts. In fact, desertification/land degradation and legal processions related to the subsequent issues in Georgian legislation are mostly represented not by the norms determining the certain forms of behaviors, but by the so-called general principles and norms.
The main deficiency of the law on Land Resources Sustainable Management and Sustainable Agriculture is the inexistence of systematic legal act(s) in the given field.
§ The necessity of legislative amendments in view of international treaties and agreements’ requirements In the domestic legislation it is necessary to integrate legal norms established by multilateral international treaties and agreements in the sphere of combating desertification/land degradation, biodiversity and climate change, which will be oriented at ensuring the minimization of negative impact related to desertification/land degradation and other subsequent issues. For this purpose, it is necessary to make appropriate amendments and additions to the current legislation (Georgian laws on Environmental Protection, Protected Areas System, etc.).
§ Elimination of legal deficiencies in the field of sustainable land management A consolidated, framework like legal act is to be passed in the field of sustainable land management which would systematize the wide range of norms directly related to this field (e.g. the Land Code or the law on Land).
§ Sustainable land management, combating desertification/land degradation, biodiversity and territorial planning, protection, management for the prevention of climate change, and its integration into legislation of spatial-territorial development In terms of sustainable land management, combating desertification/land degradation, biodiversity and territorial planning for the prevention of climate change, it is important to integrate the rules related to the given issues in the legislation of protected territories and forestry on the one part, and in the legislation of space-territorial development on the other part.
The territorial protection of environment and natural resources (including land resources) has a long history in terms of protected territories system development. The development of this system gained particular dynamism in the last decade, and as the result the total area of all the protected territories currently makes up 7% of the country's territory. The total area of forests in the protected territories in Georgia comprises more than 8%.
The creation of the 6th category of the protected territories in Georgia - Multiple Use Areas was not given much attention at the early stages. Due to the inexistence of Multiple Use Areas (or only declared existence of this category) number of protected territories face problems; the same is true of the local population - a problem for those is the immediate neighborhood of those territories where the use of certain natural resources is prohibited or restricted.
In order to perform the abovementioned important functions such a territory shall operate sustainably itself, its natural ecosystems shall maintain a sustainable structure, whereas the use of
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 43 agricultural land shall be conducted in accordance with ecological safety standards. For all this, it is necessary, on the one hand, to introduce sustainable use of resources (including land), and on the other hand, to pay a particular attention on local community-based sustainable development and alternative income activities. Overall, the Multiple Use Areas creates broad opportunities for tourism (particularly agro tourism and ecotourism) successful development.
Considering the abovementioned, the changes and additions are necessary to be made on the one hand to the protected territories and forest lands legislation, and on the other hand, to the law on Spatial Structure and Urban Construction Basis.
§ Strategic approaches and policy recommendations Since national and regional policy-making documents have a weak connection to sustainable land management, combating desertification/land degradation, biodiversity and climate change prevention issues, it is necessary to ensure the development of complex policy-making documents (targeted and thematic programs, action plans, etc.).
To ensure integration of the related issues and application of the inter-sectorial approaches, it is necessary to develop planning manual (methodological guidelines) for sustainable land management, combating desertification/land degradation, biodiversity and climate change prevention, which should cover all the main elements necessary for planning.
§ Strategic approaches and recommendations for inter-sectoral approach and coordination in the field of law For the effective implementation of inter-sectoral approach it is necessary to clearly outline the coordinating functions of the agencies.
Following the purposes of the present study, the part of the strategic approaches and recommendations aimed at the elimination of the deficiencies in the second National Action Plan to Combat Desertification and policy-making documents is of particular importance, since it directly concerns such overlapping issues as land resources sustainable use, land degradation, climate change, spacial development and sustainable development and alternative income growth activities aimed at local population.
3.8 Natural Disasters
On March 10, 1997, the President of Georgia adopted Decree N13449 to create a state coordination service, under the MoENRP, to develop and to implement a cohesive policy with the following objectives: assess natural hazard risks such as earthquakes, floods, mudflows, landslides and avalanches;, implement preparation, community and critical objects’ security activities; utilize international experience; arrange outreach activities and environmental auditing in the field of forecasting natural and man-made disasters; and mitigate their effects and ensure the ecological safety of communities50.
Currently, the key legislative act regulating natural disasters is a Law of Georgia on Public Safety51, which was enacted on May 29, 2014. The objectives of the Law on Public Safety are to regulate the provision of Public Safety and to protect human lives, health and property of population, as well as state, municipality, natural and legal persons’ property and environment in emergency situations.
The Law defines an emergency as a crisis situation in certain territories or organizations that is characterized by disruption of normative living conditions triggered by any of the following: Catastrophes, large-scale industrial accidents, fires, natural disasters, epidemics, epizootic and
49 This decree was canceled by the decree N592, October 6, 2006 by the President of Georgia.. 50 Avainable only in Georgian: https://matsne.gov.ge/ka/document/view/1284964 51 https://matsne.gov.ge/en/document/view/2363013
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 44 epiphytotic outbreaks, use of weapons of war and that poses and or may pose an immediate risk to life and or health, causes or may cause casualties, human injuries and or significant financial and physical damage.
The Law creates an integrated system comprising executive powers and institutions within its jurisdiction, LEPLs, autonomous republic, regional and self-government and organizations working in Public Safety field. The establishment of an integrated system is intended prevent and prepare for emergencies, carry out response and recovery activities if an emergency occurs, ensure the safety of the population, protect economic entities and environment and reduce financial and physical damage. The integrated system comprises emergency management at the political, operational and tactical levels and ensures the implementation of relevant activities during the major phases of emergency prevention and response activities.
This Law combined all previous related legislation such as the 2005 Law on Fire Safety and the 2007 Law on the Protection of Population and Territories from Natural and Techno genic Emergencies. Though, it should be underlined that the Law prioritizes anti-fire regulations and measures while norms regulating natural and techno genic emergencies are considered to a lesser degree. In addition, natural disaster, risk management and prevention issues are not duly reflected either. Neither the list of sub legislative acts to be adopted by government and executive bodies during 2015-2016 for the execution of this law provides for a detailed regulation of these issues.
3.9 Biodiversity
According to Georgian legislation, such as the Law of Georgia on the Protection of Environment, biodiversity is interpreted as “the variety of wildlife, terrestrial, marine and other aquatic ecosystems and ecological complexes including the variability within and between species and within and between ecosystems”.
The legal issues relating to the conservation and sustainable use of biodiversity according to relevant thematic areas are reflected in the laws of Georgia on the Protection of Environment, on Wildlife, on the Red List and Red Book of Georgia, on the Protected Areas System, on genetically modified live organisms and the Forestry Code of Georgia among others.
Currently, apart from the Convention on Biological Diversity (CBD), Georgia is a party to many biodiversity related multilateral environmental agreements including the following: § The Cartagena Protocol on Biosafety to the Convention on Biological Diversity52; § The Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention)53; § The Agreement on the Conservation of African-Eurasian Migratory Water birds54; § The Agreement on the Conservation of Cetaceans of the Black Sea; § The Mediterranean Sea and Contiguous Atlantic Area55, § The Agreement on Conservation of Bats in Europe56, § The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)57, § The Convention on Wetlands of International Importance, especially as Waterfowl Habitat (the RAMSAR Convention)58,
52 View the Resolution N305-II of the Parliament of Georgia of 26 September 2008 on Joining to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. 53 Georgia joined the Convention by the Resolution of the Parliament of Georgia of 11 February 2000 on Joining to the Convention on the Conservation of Migratory Species of Wild Animals Legislative Herald of Georgia, III, 2000, №12, Article 110). 54 Ratified by the Resolution of the Parliament of Georgia of 2 March 2001 ( Legislative Herald of Georgia, III, 2001, N21, Article 185). 55 Ratified by the Resolution of the Parliament of Georgia of 2 March 2001 (Legislative Herald of Georgia, III, 2001, N21, Article 186). 56 Ratified by the Resolution of the Parliament of Georgia of 21 December 2001 (Legislative Herald of Georgia, III, 2002, №3, Article 24). 57 Effective from 12 December 1996. 58 View a Resolution of the Parliament of Georgia of 30 April 1996 on joining to the Convention.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 45
§ The Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention)59 § The European Landscape Convention60.
Based on the requirements of the Convention on Biological Diversity (CBD), the first National Biodiversity Strategy and Action Plan61 were adopted by decision №27 of February 19, 2005 of GoG. The document outlines a 10-year strategy for conservation and sustainable use of biodiversity and a five-year plan of concrete actions. It was supposed to update the Action Plan upon completion of the first five-year period, taking account of the achieved results and concrete situation.
The 2005 National Biodiversity Strategy and Action Plan highlighted the following major focus areas: protected areas; species and habitats; agro biodiversity; hunting and fishing; biodiversity monitoring; biosafety; environmental education, public awareness and public engagement; financial-economic Program; sustainable forestry; and legislative aspects.
The Strategic goals and tasks were set consistent with the above focus areas to be implemented through 140 actions stipulated in the Action Plan. The following results were achieved through the Strategic Action Plan: development of the protected areas system; approval of a Red List based on the international criteria and categories; initiating biodiversity monitoring system; ex-situ and on- farm conservation of some endangered and endemic species of flora and cereal varieties; improvement of institutional environment for sustainable management of biological resources and creation of a Biodiversity Resource Center.
However, certain activities detailed in the Strategic Action Plan have not been implemented, such as the development of a relevant regulatory basis, according to which the following draft laws may be developed and adopted: on vegetative cover, conservation of agro biodiversity, ecological insurance, environmental auditing, and biodiversity monitoring.
A new National Biodiversity Strategy and Action Plan62 for 2014-2020 were adopted by Decree N343 on May 8, 2014. The new Strategy and Action Plan provides an overview of the country’s biodiversity, a future vision for protection and conservation of biodiversity and national objectives and analyzes the following areas: § Species and habitats; § Protected areas; § Forest ecosystems; § Agro biodiversity and natural grasslands; § Inland water ecosystems; § The Black Sea; § Management and cross-cutting issues; § Public awareness, education and communication.
In addition to this analysis, a Strategy and Action Plan are presented comprising the national objectives combined under the five global strategic objectives63, objective achievement indicators, goals and required preconditions. Responsible agencies and organizations, as well as implementation timelines for each action, are indicated while the Plan includes a review of climate change hazards threatening biodiversity.
In order to update the regulatory framework, the Strategy highlights the following issues in the existing legislation:
59 December 2008 on joining to the Convention on the Conservation of European Wildlife and Natural Habitats. 60 View an Order №395 of the President of Georgia of 9 June 2010 on Adoprion and Eactment of European Landscape Convention. 61 https://www.cbd.int/doc/world/ge/ge-nbsap-v2-en.pdf 62 https://www.cbd.int/doc/world/ge/ge-nbsap-v2-en.pdf 63 The global strategic objectives are identical to Global Strategic Objectives set forth in the “Biodiversity Strategic Plan- 2011-2020” adopted at the Conference of Parties to the Convention on Biological Diversity (CBD), the latter on their part are based on a future vision up to 2050 in which “humanity lives in harmony with nature”.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 46
§ Regulatory norms for biological resources are inadequate and in some cases unjustified; § The legal framework for biodiversity monitoring needs to be updated; § It is essential to harmonize the relevant Georgian legislation with the relevant EU legislation, especially with the directive on the conservation of wild birds (№2009/147/EC) and the directive on the conservation of natural habitats and of wild fauna and flora (№92/43/EC).
The national obligation to fulfill the part of requirements set forth in these directives is also envisaged by the Association Agreement between the European Union and Georgia.
According to the Strategy, Georgian legislation does not define agro biodiversity, its protection and conservation mechanisms; indeed agro biodiversity is not mentioned in environmental legislation. The Strategy considers it a national imperative to develop and adopt legislation to define a status of agro biodiversity, make an inventory, protect against bio piracy and develop mechanisms for producing seed grains/plants. In addition, the Strategy highlights the need to prepare legislative amendments that fully integrate the norms established in multilateral agreements into the national legislation.
To this end, the Action Plan of the Strategy projects updating the regulatory framework for biodiversity in the nearest future to integrate Georgia’s obligations and commitments under bilateral and multilateral agreements into the national legislation and to clearly define and share functions and competencies in the field of biodiversity conservation and use between national, regional and local actors. It is also planned to implement a legislative amendment by 2020 so that infrastructure development projects or any other activity that can have significant and damaging effects on biodiversity, ecosystems and protected areas may be reviewed by an EIA.
In addition, the Strategy highlights the need to define the role of the self-government and expand their authority in the area of biodiversity protection as decisions related to biodiversity are very often made at the local level while the detrimental effects of improper decisions are most apparent at local level.
It should be underlined that the legislation on self-government does not clearly define the authorities of local bodies in the area of biodiversity. Moreover, according to the second National Environmental Action Program of Georgia for 2012-2016 the vertical coordination between the national and self-government is not strong and mechanisms for efficient cooperation between different levels of government are not established. Therefore, the authorities of the national and self-government in the environmental and natural resources field, including biodiversity, are not clarified. Thereby, a relevant policy should be developed to delegate more powers to the municipal authorities so that they have increased capacities in the field of biodiversity conservation and use.
§ Agro biodiversity The CBD is related to the field of agro-diversity in Georgia. According to the CBD, agricultural biodiversity is a broad term that includes all components of biological diversity of relevance to food and agriculture and all components of biological diversity that constitute the agricultural ecosystems. These include agro-ecosystems, the variety and variability of animals, plants and micro-organisms, at the genetic, species and ecosystem levels, which are necessary to sustain key functions of the agro-ecosystem and its structure and processes.
According to the CBD, the following dimensions of agricultural biodiversity can be identified: § Animal, plant, microbial, etc. genetic resources for food and agriculture; § Components of biodiversity that support ecosystem services; § Abiotic factors; § Socio-economic and cultural dimensions.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 47
At the 5th meeting of Parties to the Convention in 2000 a special (thematic) work program for multi- year period was adopted in the area of agro biodiversity that envisaged inter alia the implementation of the following activities at a national level: § Support the assessments of different components of agricultural biodiversity such as plant and animal genetic resources for food and agriculture; § Promote and develop assessments of the interactions between agricultural practices and the conservation and sustainable use of the components of biodiversity such as, for example, ecosystems, habitats and species; § Carry out an assessment of the knowledge, innovations and practices of farmers and local communities in sustaining agricultural biodiversity and agro-ecosystem services for and in support of food production and food security; § Carry out monitoring of an overall degradation, status quo and restoration of agricultural biodiversity; § Promote management practices, technologies and related policy that enhance the positive and mitigate the negative impacts of agriculture on biological diversity, productivity and capacity to sustain livelihoods; § To strengthen the capacities of farmers, local communities, and their organizations and other stakeholders, to manage sustainably agricultural biodiversity, to develop strategies and methodologies for sustainable use and management of agricultural biological diversity; § Identify and promote possible improvements in the policy environment, including benefit- sharing arrangements and incentive measures, to support local-level management of agricultural biodiversity; § To promote the integration of strategies and national plans for the conservation of agricultural biodiversity in sectoral and cross-sectoral plans and Programs; § Support the institutional framework and policy (legislation) and planning mechanisms for the mainstreaming of agricultural biodiversity in agricultural strategies and action plans, and its integration into wider strategies and plans for biological diversity; § Promote activities for the conservation, on farm, in situ, and ex situ, in particular, in the countries of origin, of the variability of genetic resources for food and agriculture, including conservation and sustainable use of their wild relatives; § Promote activities directed at mainstreaming action plan of international pollinator initiative for the conservation and sustainable use of pollinators.
Of the above listed activities, several related to agro biodiversity assessments and collections of genetic material have been carried out. However, these activities were completely dependent on the financial and technical assistance from donor organizations rather than the mobilization of the country’s resources and or the availability of technical support mechanisms as either the national or local levels.
3.10 Climate Change
The UNFCCC, the Kyoto Protocol, as well as the CBD, the Vienna Convention for Protection of the Ozone Layer and its Montreal Protocol, and the Convention on Long-range Trans boundary Air Pollution provide the legal framework for climate change related policies.
As it was mentioned above64, of national normative acts the main legislative acts relating to climate change issues are the Laws of Georgia on the Protection of Environment and on the Protection of Ambient Air.
Article 51 of the Law of Georgia on Protection of Environment refers directly to protecting the climate against global changes. Article 52 of the same law also refers to climate change issues, focusing on measures to be undertaken to protect the ozone layer. Articles 53 and 54, which refer to the protection of biodiversity and of the Black Sea against pollution, also have certain relation to
64 View also Subsection 3.3.2 and Section 4.10. Climate Change of the study
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 48 climate changes. Though, essentially the Law on Protection of Environment constitutes a so-called “framework law” not defining concrete legal mechanisms of regulation, but rather indicating the necessity of establishing such mechanisms. Therefore, execution of the provisions established by these laws is primarily associated with the adoption of other legislative and subordinate acts.
One of the first subordinate acts adopted based on the UNFCCC was the Executive Order of the President of Georgia of September 23, 1996 regarding the adoption of a Climate Change National Program, the creation of a State Commission on Climate Change, and its statute and work plan65. The Commission’s goals are the following: § Coordination of ministries’, organizations’ and agencies’ activities to ensure fulfillment of the country’s commitments under the United Nations Framework Convention on Climate Change; § Planning and implementation of activities focused on stabilization of greenhouse gas concentrations in the atmosphere to prevent dangerous anthropogenic interference with the climate system; § Arrangement and coordination of international cooperation to address the problem of climate change.
The Climate Change National Program has been also adopted by the Order of President of Georgia. The implementation of activities envisaged in the Program was assigned to the State Commission. The National Program covered a period of 1996-2000. By the Order N720 of the President of Georgia of August 25, 2005 the above Order, and subsequently the State Commission and the National Plan, were declared invalid so that no alternative document was adopted.
The Executive Order N520 of the President of Georgia of September 15, 1997 regarding the activities on the development of renewable energy state program in Georgia also deals with climate change problems. A state commission was created by this Order to draft a renewable energy development state program. The Commission was tasked to prepare and submit a Renewable Energy Development State Program to the government session within two months. This Order was replaced by the Order N349 of the President of Georgia of June 3, 1999 regarding the activities66 associated with wide use of renewable energy sources in line with the UN and UNESCO sustainable development Program requirements. A State Commission was established to promote renewable energy sources and the implementation of the UNFCCC and the MoENRP was designated as the mandated national body overseeing this Order. While this Order has not been revoked legally, it is no longer operative.
On March 3, 1998 the Order N120 of the President of Georgia was adopted regarding the development of use of non-traditional sources of energy in Georgia67. According to paragraph 3 of the Order, renewable energy sources were considered a priority development area and a Renewable Energy Development State Program was adopted that defines the short, medium and long-term strategy priorities.
According to the requirements of Article 14 of the Law on the Protection of Environment, an Order N 389 of the President of Georgia was adopted on June 25, 1999 regarding the procedures for developing National State of Environment Report (SOER). The procedures for developing a National State of Environment Report were adopted by the Order. The procedures defined the content of national report. Significant amendments were made to the Order of the President on November 1, 2010. The content of SOER was defined in a different form. It is noteworthy that according to this change, a separate article, Article 12, was added and stated that a report on climate change should contain the following issues: § Introduction § Climate change causes and effects;
65 Available only in Georgian: https://matsne.gov.ge/ka/document/view/1282441 66 Available only in Georgian: https://matsne.gov.ge/ka/document/view/112780 67 Available only in Georgian: https://matsne.gov.ge/ka/document/view/111370
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§ International efforts to address climate change; § Identifying climate change in Georgia; § Georgia’s share in the world’s greenhouse gas emissions; § Key challenges.
Based on the above Executive Order, an SOER was prepared in 2001 and adopted by Order N385 of the President of Georgia of April 8, 2003. The report pays certain attention to climate change issues and highlights that a project on providing assistance to Georgia to fulfill its commitments under the UNFCCC has been implemented since 1997 with financial assistance from the Global Environment Fund and the UN. In addition, an inventory of greenhouse gas emissions is underway.
The procedures for developing a SOER were amended on May 6, 2014 by the Decree N337 of the GoG and according to Article 9 of the adopted procedures, apart from participating in the development of national reports within their competencies the self-government were authorized to develop, adopt, publish and disseminate local and regional State of Environment Reports. According to the procedures, local and regional State of Environment Reports should have a the same structure as a SOER, while the procedures for developing, adopting and financing local and regional State of Environment Reports should be established by the self-government in compliance with the relevant normative acts. The procedures that were previously effective, which were adopted by the Executive Order N 389 of the President of Georgia June 25, 1999, contained a similar provision. The only difference is that the authority for developing local reports under the conditions of a two-tier self-government system68 was also granted to self-government. It is worth mentioning that from 1999 to date, none of the self-government have exercised their authorities and compiled local State of Environment Reports.
An Ordinance N172 of the GoG was adopted on September 29, 2005 on the Establishment of a Commission to Coordinate the Implementation of a CDM envisaged by Kyoto Protocol of the UNFCCC in Georgia. By this Ordinance the MoENRP was tasked with preparing and adopting a commission statute. Based on the Ordinance, a Statute of Commission established to coordinate the implementation of CDM envisaged by Kyoto Protocol of the UNFCCC was adopted by the Order N89 of the MoENRP of February 9, 2006. Based on the Statute, the goals of the Commission are to: § Determine as per criteria set for CDM projects as to what extent the submitted CDM project facilitates the sustainable development of the country, whether it is in line with national and/or sectoral policies, go before the government with a recommendation on agency’s approval of the CDM project; § Identify the share of the state in the distribution of “Certified Emission Reduction (CER)” produced by Clean Development Mechanism (CDM).
On December 31, 2013 an Ordinance N448 of the GoG was adopted on Calculation of Air Pollution Index (API) and Adoption of Technical Regulation on Ambient Air Values for particularly polluted, highly polluted, polluted and unpolluted categories of the regions according to air pollution levels69. The adopted technical regulation’s aim is to set a procedure for calculating the API and establish Pollution Index Values. Based on the Ordinance, according to pollution levels the territory of Georgia is divided into particularly polluted, highly polluted, polluted and unpolluted regions. According to Paragraph 2 of Article 3 of the Regulation, based on the ambient air monitoring data Pollution Index Values for administrative districts and settlements are calculated annually, the administrative districts and settlements are categorized as either a particularly polluted, highly polluted, polluted or unpolluted region.
68 Currently (since reform of 2006) in Georgia there is one-tier self-governance system at the municipal level; the size of municipalities correspond to EU statistical division of LAU 1 69 Available only in Georgian: https://matsne.gov.ge/ka/document/view/2187580
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The Law of Georgia on the Protection of Ambient Air is a significant climate change related legislative act that aims at protecting ambient air over the whole territory of Georgia against harmful man-made impacts. The Law was adopted in 1999 and along with competencies of state government bodies it defined the competencies of local self-governments in the field of ambient air protection. Along with the adoption of Local Self-Government Code in 2014, an amendment was made to the Law on the Protection of Ambient Air, according to which the abilities of the self- government to control and carry out activities focused on protection of ambient air was removed.
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4. OVERVIEW OF NATIONAL POLICY
Apart from the legislative acts, the following socio-economic policy documents relate to climate change issues:
§ Socio-Economic Development Strategy of Georgia, Georgia 2020 70 § Basic Data and Directions Document of the Country, 2014-2017 71 § State Strategy for Regional Development of Georgia, 2010-2017 72 § Regional Development Strategies of Georgia, 2014-2021 § Regional Development Program of Georgia, 2015-2017 73 § National Environmental Action Program, 2012-2016 § Second and Third National Communications to the UN Framework Convention on Climate Change, 2009 and 2015; § National Forestry Concept for Georgia 74 § Georgia’s Biodiversity Strategy and Action Plan, 2014-2020 75 § Second National Action Program to Combat Desertification, 2014 § Agriculture Development Strategy of Georgia, 2015-2020
4.1 Socio-Economic Development Strategy of Georgia – “Georgia 2020”
The Socio-Economic Development Strategy Georgia 2020 is a key financial and economic planning document76 and identifies Georgia’s social and economic priorities through 2020.
The Strategy highlights climate change issues as a national priority through 2020 by stating, “…Based on the principles of UN Framework Convention on Climate Change, Georgia will carry out “nationally appropriate climate change mitigation actions” financially and technically supported by developed countries, that will facilitate the import and introduction of resource-saving, environmentally-friendly, modern technologies into the country.”
In addition, the Strategy also reviews potential climate change threats by stating, “…It is essential that adverse impacts of global warming on the country’s economy are given due consideration when planning and developing infrastructure. The development of relevant infrastructure for timely forecasting and preventing potential damage will largely contribute to the reduction of risks” and that “along with efforts taken at national level to eliminate economic losses caused by global warming, environmental investments will be mobilized from funds within the framework of the UNFCCC (Green Climate Fund, Global Environmental Fund).”
The Strategy also emphasizes that “…The state will encourage the introduction of environmentally- friendly modern technologies and development of “green economy”.
GoG adopted the Strategy on June 17, 2014 in Decree N400, which also assigned relevant ministries and subordinate agencies the following activities:
70 http://www.adb.org/sites/default/files/linked-documents/cps-geo-2014-2018-sd-01.pdf 71 The Basic Data and Directions Document (BDD) of the Country for 2014-2017 (Government of Georgia, 2014 – Final version). Available only in Georgian: http://mof.ge/4542 72 Available only in Georgian: https://matsne.gov.ge/ka/document/view/1025719 73 http://static.mrdi.gov.ge/550c24ee0cf24147438b16f6.pdf 74 http://w3.cenn.org/wssl/uploads/home/National%20forest%20policy%20for%20georgia%20%28ENG%29.pdf 75 https://www.cbd.int/doc/world/ge/ge-nbsap-v2-en.pdf 76 Order of Governmnt of Georgia (17.06.2014) N400 on „Approval of Socio-Economic Development Strategy of Georgia „Georgia 2020“ and on some related measures “.
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§ Design medium term action plans pursuant to Section 4 of Article 34 of the Budgetary Code of Georgia and in line with the adopted Strategy; § Ensure that policies/activities/reform to be implemented are in line with the Strategy, § Develop and submit an annual report documenting activities implemented within the framework of the Strategy and achieved results to the Ministry of Finance of Georgia and the Administration of the Government of Georgia along with a report on fulfillment of the state budget.
The Administration of the GoG is the official coordinating body for the above listed activities.
4.2 Basic Data and Directions Document, 2014-2017
The Basic Data and Directions (BDD)77 for 2014-2017 is a key document during the program budget planning stage, which identifies priority government activities and plans for short and medium term activities.
This annual document is based on Social-Economic Development Strategy of Georgia 2020, and takes into account the medium term action plans developed by ministries and other subordinate institutions. The annual unified consolidated budget, which is submitted for review to the parliament, is supplemented with the BDD.
The BDD contains a chapter devoted to environmental protection and natural resource usage. A note given in this chapter regarding the need of improvement of the legal framework in this field is noteworthy: “The environmental normative legal base will be improved and updated in directions, such as: waste management, water resources management, protection of ambient air, forest management, environmental impact assessments and strategic environmental assessments, reduction of natural and man-made risks, nuclear and radiation security, biodiversity and natural resources management”.
A separate paragraph of this chapter is devoted to climate change adaptation issues stating that “A national plan for adaptation of economic sectors and ecosystems to climate changes and a national low- emission development strategy will be developed. Climate change mitigation activities will be carried out”.
The document also provides the government vision on climate change related fields, such as forests, water, soil, protected areas, biodiversity, waste management and ecological education. The document specifies that: § „A national forest program will be developed and a forest sector reform implemented focused on introduction of a sustainable forest management system and improvement of their quantitative and qualitative indicators. Institutions responsible for management of forests will be established and enhanced; § The water resources monitoring network will be expanded and upgraded. The air quality monitoring network will be expanded and upgraded; a transport fuel monitoring and control system will be introduced in large cities; § To reduce soil erosion, prevent desertification and conserve topsoil, a mechanism for sustainable use of land resources will be developed; § Protected areas network will be expanded and management improved; § Activities needed to secure biodiversity conservation will be carried out. A law on live genetically modified organisms will be drafted; a national biosecurity system will be developed; § A modern system of waste management will be developed and introduced; a waste management strategy and waste management action plan will be adopted;
77 The Basic Data and Directions Document (BDD) of the Country for 2014-2017 (Government of Georgia, 2014 – Final version).
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§ Environmental education activities will be implemented to raise environmental education and awareness.”
4.3 State Strategy for the Regional Development of Georgia for 2010- 2017
A State Strategy for the Regional Development of Georgia for 2010-2017 (SSRD) was adopted by government decree N172 on June 25, 201078, and later the Action Plan 2011 of the Strategy by Government Order N1448 of 16 November of 2010.
The SSRD is a medium term strategic policy document that identifies the key principles, objectives and activities for Georgian regional development policy. In addition, it specifies the conditions needed to secure medium and long-term sustainable development throughout the country.
To prepare the Strategy, in 2009, the MRDI established a government commission tasked with developing a draft State Strategy for Regional Development of Georgia for 2010-2017. To support the commission, MRDI created a secretariat and with seven working groups comprised of experts, civil sector representatives and public servants from various sector ministries. The secretariat prepared a diagnostic report on regional development as well as documents on key priorities and goals of draft national regional development strategy, approved by the commission. These documents provided the guiding framework through which the SSRD was developed.
The main goal of the State Strategy for Regional Development of Georgia is to secure the favorable conditions for socio-economic development of the regions and improvement of living standards and conditions of population achievable through the balanced socio-economic development of the regions, increase of their competitiveness and reduction of socio-economic disparities between the regions.
One of the Strategy’s key objectives is to ensure environmental protection. For example, the Strategy states, “…The objective of the state in the process of sustainable regional development of Georgia is to secure a sound balance between environmental protection and socio-economic development interests of society, thus fostering the realization of constitutional right of citizens to live in and enjoy a healthy environment”.
To fulfill the above stated objective, the Strategy details the following priority areas: § Improve the management of extreme natural hazards, natural disasters and associated risks § Perform an inventory of forest resources and ensure their efficient use to facilitate sustainable development of the regions; § Integrate protected areas into the regional sustainable development process; § Ensure efficient management of water resources § Encourage efficient use of the groundwater; § Protect the Black Sea coastal zone against global and local climate changes by implementing relevant adaptation activities; § Promote the development of renewable energy sources such as hydropower resources, wind, firewood, sun, biomass, biogas and geothermal resources.
The Strategy highlights the following environmental protection priorities: § It is essential to introduce monitoring and early warning systems in risk-prone areas; § Develop emergency action plans in the event of natural disasters; § Plan and implement relevant preventive measures for natural disasters;
78 A government decree N 172 of 25 June 2010 on the Adoption of the State Srtategy for Regional Development of Georgia for 2010- 2017 and Establishment of a Government Commission.
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§ Risks associated with extreme natural hazards, such as drought, hail and high speed winds, natural disasters/geodynamic processes, such as floods, landslides and mudflows, and their impacts on the economy and social sphere of the region should be assessed and taken into account in strategies and action programs for regional sustainable development; § Social, economic and cultural rights, rites and traditions of local population should be taken into account in the process of establishment and management of protected areas; § To improve the social and economic conditions of the local population, support zone projects should be designed along with protected areas system that will facilitate the development of alternative sources of income generation, such as development of ecotourism, arrangement of family hotels and public catering facilities and guided tours; § The administration of the regions should explore possibilities for engaging communities living near protected areas in tourist activities. Once identified, the role of local communities in tourist activities should be formulated in regional development strategic documents. When protected areas, such as a natural monument, the national government should be sensitive to the interests’ of the local self-government and community; § The regional development plans should take into account natural changes, such as global warming, that seriously impact the sea’s ecosystem and causes adverse changes to the coastal zone; § It is essential that the country has a unified comprehensive land registry and include a study of the regions with the most vulnerable areas and resources; § Based on observations of local climate conditions and its ongoing change, as well as considering existing man-made pressures and state of soil, norms for using agricultural lands should be developed, such as norms on number of allowed livestock per unit of pasture area; types of agricultural activities allowed in landslide prone areas; etc. This also includes development of standards for provision of windbreaks in the areas susceptible to wind erosion. . § The areas the most vulnerable to landslides, water erosions, river banks and the Black Sea coastal flooding should be monitored, and effective rehabilitation and adaptation activities should be planned and implemented.
4.4 Region-Specific Development Strategies for 2014-2021
Based on the SSRD, the Guiding Document on the Elaboration of Development Strategies for Regions79 was adopted in 2012. In 2013, the following strategies detailing the development of various regions from 2014 through 2021 were developed and adopted:
§ Strategy80 for Development of Shida Kartli Region, 2014-2021 § Strategy81 for Development of Qvemo Kartli Region, 2014-2021 § Strategy82 for Development of Kakheti Region, 2014-2021 § Strategy83 for Development of Samtskhe-Javakheti Region, 2014-2021 § Strategy84 for Development of Guria Region, 2014-2021 § Strategy85 for Development of Samegrelo-Zemo Svaneti Region, 2014-2021
79 An Order №936 of the Government of Georgia of 14 May 2012 on the Adoption of Guiding Document for the Elaboration of Regional Development Strategy. 80 Adopted by Decree №1364 of the Government of Georgia of 17 September 2013 on the Adoption of Strategy for Development of Shida Kartli Region for 2014-2021. 81 Adopted by Decree №1365 of the Government of Georgia of 17 September 2013 on the Adoption of Strategy for Development of Qvemo Kartli Region for 2014-2021. 82 Adopted by Decree №1366 of the Government of Georgia of 17 September 2013 on the Adoption of Strategy for Development of Kakheti Region for 2014-2021. 83 Adopted by Decree №1373 of the Government of Georgia of 18 September 2013 on the Adoption of Strategy for Development of Samtskhe-Javakheti Region for 2014-2021. 84 Adopted by Decree №1363 of the Government of Georgia of 17 September 2013 on the Adoption of Strategy for Development of Guria Region for 2014-2021. 85 Adopted by Decree №1372 of the Government of Georgia of 18 September 2013 on the Adoption of Strategy for Development of Samegrelo-Zemo Svaneti Region for 2014-2021.
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§ Strategy86 for Development of Racha-Lechkhumi and Qvemo Svaneti Region, 2014- 2021
A Strategy87 for Development of Imereti Region for 2014-2021 was also developed, but it has not been adopted by the national government.
Each strategy places considerable emphasis on environmental protection and lists relevant activities, taking account regional characteristics. The strategies highlight several factors such as air and water quality, protection of forest resources, management of natural disasters, environmental activities and cooperation and the conservation of biodiversity within protected areas. Moreover, the strategies only review climate change as it relates to natural disasters such as floods, mudflows and droughts.
4.5 Regional Development Program of Georgia for 2015-2017
On July 9, 2014, the GoG adopted the Regional Development Program of Georgia for 2015-2017 by decree 88 No. 1215. The Regional Development Program for 2015-2017 identifies key medium term policy objectives and goals for Georgian regional development, while highlighting relevant priorities and measures. In addition, it establishes the conditions needed to ensure the balanced and sustainable social and economic development of the Georgian regions. The Regional Development Program for 2015-2017 replaced the SSRD, although the latter was never officially declared invalid.
According to the Program’s objectives, the regional development policy coordinated at the regional level is a combination of goal-oriented activities focused and based on development needs and priorities of the region, which envisages the result-oriented allocation of resources to promote sustainable regional development.
Following governmental decree No. 1315 issued on September 10, 2013, relevant ministries and the national commission of regional development prepared the Program.
The program was adopted for the following reasons: § The significance of the development and implementation of the Program in the framework of ongoing and planned cooperation between EU and Georgia (including the budgetary and sector Policy Support Program) and at the same time the same significance in the framework of Association Agreement between EU and Georgia and the Association Agenda; § The need for a more comprehensive and coordinated national approach towards regional development than was previously developed and implemented.
The program reflects the following needs: § The starting point for the first stage of the Program’s development was the SSRD. However, broader context of Georgian policy and politics have significantly changed and evolved since the adoption of the SSRD. The evolution of Georgian policies and new realities necessitated the development of a new program that adhered to EU standards. § Following the adoption of SSRD (reflecting analysis of 2009 and earlier), regional development strategies for all Georgian regions were created and approved by the relevant Regional Development Council and the Government Commission on Regional Development. In September, 2013, these strategies were approved by government
86 Adopted by Decree N1374 of the Government of Georgia of 19 September 2013 on the Adoption of Strategy for Development of Racha-Lechkhumi and Qvemo Svaneti Region for 2014-2021. 87 Available only in Georgian: http://imereti.gov.ge/res/docs/strategia.pdf 88 A Decree N1215 of the Government of Georgia of July 9, 2014 on the Adoption of Regional Development Program of Georgia for 2015-2017.
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decrees. This bottom-up planning approach results required the strategies proper consideration and reflection in the new Program. § The 2012 elections were followed by significant adjustments in national policy related to agriculture, education, education, healthcare and employment. The elaboration of a new regional and local development policy was initiated and efforts were made to develop a new national platform for economic development. § In 2013-2014 the MRDI, together with the National Statistics Office of Georgia (GeoStat) and other ministries, collaborated to collect regional development related data. The collected data sets gave the ministries and policy makers a more accurate description of regional disparities and this data was integrated into the program. When the SSRD was developed, these data sets were not available. § The issue that had to be considered in the program was the regional development policy. This Program is based on, and largely in line with, the EU Cohesion Policy that aims to reduce disparities between regions. This policy was significantly enhanced in the 1990s to provide assistance to less developed member states and later was applied to meet the needs of new member states. § At the same time, it was essential that the program was focused, at least partially, on policies increasing the competitiveness to reduce disparities and address broader development needs. § Generally, this Program should be tailored to the Georgian case and provide a response to the most critical regional development concerns. As Georgia comparing to an any of EU member states is less developed, it was concluded that it will be expedient to allocate more resources from the state budget to support the sustainable development of is basic infrastructure than it will be needed in an EU member state, to reduce disparities between the regions and increase competitiveness.
The Regional Development Policy its priorities and implementation objectives are described in the program. They are preceded by an overview of the current situation regarding regional development and identified key needs. The program is supplemented by a specific guideline form for supporting the monitoring the of implementation the program’s priorities and measures.
The program details the following priorities for the GoG: § Priority 1 – Improvement of physical infrastructure and environment protection; § Priority 2 – Developing SME potential and creating new jobs; § Priority 3 – Agricultural development; § Priority 4 – Tourism development; § Priority 5 – Facilitating human capital improvement and institutional capacity development of vocational education at the national and subnational levels.
The first priority has the following project activities: § Roads of international and national importance, for which 1700 million GEL is allocated from the total indicative budget for 2015-2017 to be implemented by the MRDI; § Solid waste management, for which 40 million GEL is allocated from the total budget for 2015-2017 to be implemented by the MRDI; § Water supply, sewerage and drainage systems for which 340 million GEL is allocated from the total indicative budget for 2015-2017 to be implemented by the United Water Supply Company of Georgia; § Natural disaster risk reduction and management of polluted areas of old industrial sites for which 20.3 million GEL is allocated from the total indicative budget for 2015-2017 to be implemented by both the National Environment Agency and the MRDI; § Forest inventory of Georgia and implementation of a sustainable forest management strategy for which 55 million GEL is allocated from the total indicative budget for 2015-2017 to be implemented by the MENRP; § Immediate climate change related measures are incorporated into the group of measures under natural disaster risk reduction and management of polluted areas of old industrial
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sites, such as the development of an early warning system. Moreover, within the context of adverse impacts associated with climate change a number of measures clustered under the sustainable forest management strategy (for example, development of mechanisms for multiple use of forests; implementation of forest maintenance and restoration activities; functional zoning of Forest Fund and forest inventory; registration of State Forest Fund and prevention of Forest Fund fragmentation and reduction of forest areas through delineation of Forest Fund areas, etc.) and agriculture priority (Priority 3, Development of Agriculture) may be considered.
The program indicates that apart from the above five thematic development priorities, potentially there can be other priority areas that may be coordinated though consideration of the program provisions.
In addition, the program provides the following general definition for how to select priority activities for the regions and municipalities:
“It is expected that significant funds will be allocated from the Regional Development Fund to facilitate the implementation of regional development strategies. Primarily funding of projects focused on the development of physical and technical infrastructure is implied. After reviewing at regional councils, municipalities will submit the relevant projects to the Ministry of Regional Development and Infrastructure of Georgia (for initial review) and the Government Commission on Regional Development of Georgia for a further review and selection as required by law and observing the relevant criteria and procedures”.
4.6 National Environmental Action Program, 2012-2016
On January 24, 2012, the GoG adopted the National Environmental Action Program 2 of Georgia for 2012-2016 (NEAP-2) was through Resolution N127.
The NEAP-2 officially outlines Georgia’s priorities in the environmental field for 2012-2016 and provides a basis for future environmental planning. The program recognizes the need for country’s economic development while at the same time emphasizes sustainable development rather than restrictive provisions (e.g. on use of natural resources)
NEAP-2 strives to strengthen the legal, administrative and institutional framework at all levels. The partnerships between all economic entities, such as the public and private sectors, will be promoted during the NEAP-2’s implementation process. Thus, NEAP-2 creates a strong foundation for ensuring a healthier environment and improved well-being of the population while aiming to create better conditions for long-term economic growth.
Among other topics, the NEAP-2 reviews climate change concerns. In addition, the NEAP-2 summarizes various cross-cutting issues identified by multiple sectoral areas. Therefore, addressing these issues will be equally beneficial to all environmental sectors. Due to the complicated and inter-sectoral nature of environmental issues, the need for integration of environmental strategy and policy into development plans or policies of other sectors is overviewed in a separate part of NEAP-2.
The NEAP-2 includes the following elements: § Improving environmental legislation; § Raising awareness of stakeholders; § Improving monitoring, inspection and enforcement systems; § Enhancing knowledge for adequate policy-making.
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The key priorities in the field of climate change are the following: impacts on natural ecosystems and biodiversity, forests and land degradation, desertification, glacier melting, reduction in soil fertility and water resources and frequent natural disasters.
According to the program, the regions vulnerable to climate change impacts should be given special attention. These include: § The Black Sea coastal zone that is affected by several geophysical processes such as tectonic movements, sea level rise, storms, floods, underwater flows and sedimentation at the inflows of rivers. Some of these issues have intensified due to climate change related processes. § The semi-arid regions are adversely impacted climate change due to the increased frequency and strength of droughts, changes in temperatures and precipitation totals. These events have negative impacts on agricultural productivity that may threaten food security. To assess the vulnerability to climate change and elaborate adaptation measures, Dedoplistskaro was chosen as a pilot region as this area faces the threat of desertification. This region has been historically characterized by a dry climate and is prone to land degradation. During recent years, land degradation has noticeably intensified in this region due to increased temperatures and strong winds. § The highlands experience increases in frequency and intensity of flashfloods, landslides and mud-streams and mudflows. These have caused serious damage to agriculture, forestry, roads and other infrastructure. Lower Svaneti (Lentekhi region) has been studied as a mountainous region and is vulnerable to extreme events caused by global warming. Under the circumstances of forecasted temperature increase in this region, significant reduction of the glaciers in this area is expected by 2050.
Among other things, the program highlights the general lack of awareness towards climate change issues as well as the insufficient integration of these issues into various development plans. As such, the program does not outline effective ways for addressing climate change concerns.
The program identifies the following areas for further study: assessment/verification of vulnerability of ecosystems to current and anticipated climate changes for all regions of Georgia and planning and implementation of relevant adaptation measures, as well as the mobilizing funds for specific programs and projects.
In addition, the program stresses that Georgia’s continued economic growth and development will inevitably increase GHG emissions. For example, Georgia is expected to experience significant growth in the energy sector, from heat and hot water supply systems while emissions from transport, industry and agriculture are also likely to increase. Consequently, it is very important to adhere to recommended GHG emission reduction mechanisms and implement relevant measures. By reducing GHG emissions at the national level and supplying neighboring countries with internally generated “clean energy,” Georgia can make an important contribution to the climate change mitigation process.
As per program, the following long-term, identified as 20 years and more, goals have been set in the field of climate change: § Ensuring the security of the Georgian people through the implementation of climate change adaptation activities; § Reduction of GHG emissions.
To achieve these long-term goals, the following short-term, identified as a 5 year period, targets and relevant activities have been set: § Target 1 – Implementation of adaptation activities in regions vulnerable to climate change; § Target 2 - Identification of climate change impacts on other regions and sectors; § Target 3 - Creation of favorable conditions for the reduction of GHG emissions.
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4.7 Georgia’s Second and Third National Communications to the United Nations Framework Convention on Climate Change (2009 & 2015)
In 1997-1999, Georgia prepared its First National Communication to fulfill its commitments under the UN Framework Convention on Climate Change. Following the submission of the First National Communication, a number of projects were implemented to study climate change related concerns as well as develop project proposals on climate change mitigation and adaptation.
In 2006-2009, Georgia prepared its Second National Communication under the UN Framework Convention on Climate Change. During the process, Georgia carried out a national inventory of greenhouse gases and developed scenarios for estimating potential climate change, while assessing the vulnerability of different ecosystems and economic sectors to current and potential climate changes. Along with action plans for reducing GHG emissions, adaptation projects were developed and awareness raising campaigns to climate change issues were carried out.
Taking account of the results achieved through already implemented projects or projects in progress, a short- and long-term strategy on climate change was developed. Though the strategy did not cover the whole territory, it focused on priority regions selected on the basis of the preliminary study.
The strategy to overcome national barriers to tackle climate change included the following objectives: § Enhance local capacity to fulfill the principles of UNFCCC; § Ensure the sustainability of the national GHG inventory; § Assess the vulnerability to climate change and adaptation activities; § Reduce greenhouse gas emissions; § Transfer advanced technologies; § Raise public awareness.
Based on potential climate change scenarios, the vulnerability of three priority regions, i.e. of the Black Sea coastal zone, the district of Dedoplistskaro and Qvemo Svaneti, were assessed and adaptation activities planned. Potential climate change concerns in these priority areas were assessed using available observation data. The data points studied were mean air temperature and temperature extremes, precipitations, relative humidity, moisture regime and winds were examined, as well as trends in extreme weather and climate events characteristic of these regions.
Therefore, the climate change adaptation activities planned in the Second National Communication for the three priority regions assessed under the Second National Communication, i.e. the Black Sea coastal zone, the district of Dedoplistskaro and Qvemo Svaneti comprise biodiversity and agro biodiversity spectrum. For example, recommended adaptation activities Qvemo Svaneti include the following: § Rehabilitate the most degraded forest areas and proper management; § Restore landslide prevention function of forests in the relevant areas; § Prepare a package of preventive measures to protect local forests against harmful insects.
Activities envisaged for Dedoplistskaro district include the following: § Establishing a permanent monitoring system over the protected areas to assess climate change effects on soil degradation and flora and fauna endemic species in an environment free from anthropogenic impacts; § Planting forest stands in the abandoned and eroded lands; rehabilitation of windbreak lines.
In 2012-2015, the Third National Communication was prepared (TNC) and is a continuation of activities implemented within the framework of the Second National Communication, in accordance with the Decision 17/CP8 of the Conference of the Parties to the UNFCCC and other instructions.
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The TNC updates the previously submitted information based on the following: the GHG inventory, implemented and ongoing activities related to climate change mitigation, climate change vulnerability and climate change adaptation, as well as information on public awareness, education, trainings, systematic researches and observations.
Within the framework of the TNC, Georgia carried out a national GHG inventory to assess various aspects of economic sustainable development by identifying emission trends at a sectoral level as one of the indicators of “clean development” of the economy.
The TNC provides a detailed review of vulnerability and adaptation issues according to different sectors, including agriculture, natural disasters, forestry sector, health care, tourism, glaciers and water resources, protected areas and the energy sector. The TNC analyzes the following three regions: Adjara, Zemo Svaneti and Kakheti to identify the problematic issues specific to each region.
The TNC also includes the National Climate Change Strategy for 2014-2025, which defines a concrete policy to mitigate the vulnerability of ecosystems and reduce GHG emissions in individual sectors of economy. The strategy, per its structure and content, is formulated as an action plan.
4.8 National Forest Concept for Georgia
The concept was endorsed by the regulation of the Georgian Parliament on December 11, 201389. The goal is to establish a system for sustainable forestry management which will ensure the following: improvement of quality and quantity of the Georgian forested areas, protection of biological diversity, environmentally sound usage of forests for economic purposes, public participation in forestry management related issues and a fair distribution of the derived benefits.
The concept pays special attention to adaptation of forests, and underlines that global warming has already started to negatively affect Georgia’s climate. In addition, the concept notes that changes in the climate will affect Georgia’s forests severely, and doing nothing and or having reactive policies, will place large areas of forest at risk of catastrophic degradation. This may lead to a sharp reduction in the quantity and quality of the goods and services on which many people in the country depend.
The concept outlines the following mitigation and adaptation activities in order to prevent climate change impacts on forests: § Drafting of a national report on the status of forests in Georgia, forest resources and benefits of the Georgian forests and on potential climate change mitigation and adaptation strategies, using the best available information from national and international sources; § Conducting a national dialogue on the possible strategies of climate change mitigation and adaptation of forests to predicted climate change impacts; § Categorizing forest stands according to forest composition and vulnerability to climate change; § Developing and adopting sustainable management guidelines, including guidance on mitigation and adaptation measures, for each forest type; § Preparing and implementing mitigation and adaptation plans for forest stands that are vulnerable to climate change; § Expansion of protected areas; § Reforestation through forest planting, greening urban areas, forest plantations; § Provide forest management bodies and forest users with the best methods for carrying our vulnerability assessments and with information about the environmental characteristics of species and provenances; implementing research programs, specifically on the impacts of
89 A regulation N1742-I of the Parliament of Georgia of 11 December 2013 on the Endorsement of the National Forest Concept for Georgia.
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expected climate change on forests and the goods and services provided by forests, and ways of mitigating and adapting to the impacts of climate change.
Moreover, the concept discusses mechanisms for involving local populations in the direct management of forests and the overall importance of locally administered forest resources. It emphasizes that pursuant to Georgian legislation, such as the Local Self-Government Code and the Forest Code of Georgia, forests of local importance are to be managed by the relevant municipal government. However, at present such a practice does not exist and relevant legislation and resources are required to achieve this objective.
For an overview of the current legislation related to forest resource management, please see Section 4.1.
4.9 Georgia’s Biodiversity Strategy and Action Plan for 2014-2020
Please note that Section 4.9 also reviews the main aspects of Georgia’s Biodiversity Strategy and Action Plan.
The Biodiversity Strategy and Action Plan90 define the strategy for protection and reasonable use of biodiversity resources as well as the relevant activities to be implemented in 2014-2020. The objectives of the strategy are to: § Address the underlying causes triggering biodiversity losses by mainstreaming biodiversity protection priorities into economic activities of government and general society; § Reduce the direct pressures on biodiversity resources and promote their sustainable use; § Improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity; § Increase the benefits received by society from biodiversity use and ecosystem services; § Enhance implementation through participatory planning, knowledge management and capacity building.
According to the strategy, climate change is acknowledged to be one of the key factors of biodiversity loss along with habitat degradation, excessive use of resources, environmental pollution and invasive species. An increasing number of experts share the view that the global climate is warming due to an accumulation of carbonic oxide and methane in the atmosphere, which is due to an increase use of fossil fuels, deforestation and animal husbandry. The expected increase in temperature and reduction in precipitation throughout Georgia will have severe adverse impacts on ecosystems. It will lead to significant changes in the distribution of ecosystems, plant communities as well as relevant flora and fauna species. Due to its mountainous terrain and pronounced vertical zoning, a main threat to biodiversity in Georgia will be a biodiversity dispersal areas upper boundaries change. Presumably, several species will become extinct, as they would fail to adapt to temporal disturbances caused by climate change.
Several analysts have already noted that due to climate change some plants in Georgia, for example pine, and have become more vulnerable to certain pathogens. The protection of ecosystems, including forests, is significant not only in terms of biodiversity conservation but also as an “instrument” to mitigate the adverse effects of climate change through carbon retention and adaptation.
The strategy identifies the following underlying causes and contributing factors to biodiversity loss: § Underlying Causes of Biodiversity Loss: § Poverty of population driving them to unsustainable use of natural resources to obtain energy, food or financial benefits;
90 A regulation N343 of the Government of Georgia on the Endorsement of Georgia’s Biodiversity Strategy and Action Plan for 2014- 2020.
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§ Destructive and irresponsible human actions, i.e. usage of natural resources in ways that damages nature and ignore the potential effects of such actions; § Lack of awareness of the importance of conserving biodiversity and the adverse impacts of human activities.
§ Causes Contributing to Biodiversity Loss: § Insufficient integration of the values of biodiversity into policy documents, strategies and programs; § Inadequate, and in certain cases, unreasonable legislative norms regulating the use of natural resources; § Lack of sufficient resources for implementing biodiversity conservation legislation and procedures.
§ The above mentioned issues catalyze trends directly impacting biodiversity, such as: § Degradation of natural habitats; § Excessive use of natural resources; § Environmental pollution; introduction of invasive alien species; § Climate change.
Thus, the strategy acknowledges climate change to be a negative factor directly affecting biodiversity and a potentially increasing threat to the vulnerable regions within Georgia.
One of the strategy’s national targets, or national target D.2, is that the potential impacts of climate change on biodiversity of Georgia have been assessed and the resilience of ecosystems to climate change enhanced by 2020. To achieve this target, a responsible party must identify biodiversity loss concerns, as related to climate change, at a national level and develop activities to address these losses. The reach this goal, the following tasks must be implemented: § Assessment of climate change impacts on biodiversity at national level – in the vulnerable regions (Dedoplistskaro, Gardabani, Sagarejo, the Black Sea coast, mountainous regions, the Lori plateau, Karsani ridge) and especially within the protected areas; and development of relevant recommendations using methodology agreed with state, academic and non- governmental sectors; § Organizing seminars and meetings to integrate solutions to preliminary identified problems as well as recommendations into all sectoral strategic and local plans; § Assessment of potential for use of international mechanisms (REDD+ and CO2 international market) proposed by the Convention on Climate Change, to the purpose of promoting biodiversity conservation in Georgia; § Introduction of relevant international mechanisms (REDD+ and CO2 international market) proposed by the Convention on Climate Change, to the purpose of promoting biodiversity conservation in Georgia.
4.10 Second National Action Program to Combat Desertification (2014)
An overview of main aspects of the desertification program, including climate change related aspects, is provided in Section 4.7.
4.11 Strategy for Agricultural Development in Georgia, 2015-2020
In 2005, the Strategy for Agricultural Development in Georgia for 2015-202091 was adopted. This is a significant policy document as it integrates environmental and climate change issues into
91 Instruction N167 of the Government of Georgia of 11 February 2015 on the Adoption of Strategy for Agricultural Development in Georgia for 2015-2020.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 63 strategic sectoral programming documents. Following the strategy’s adoption in 2005, the previous Strategy for Agricultural Development in Georgia for 2012-202292 was declared invalid.
Based on normative sustainability principles, the Strategy for Agricultural Development envisages the creation of an environment that will increase competitiveness in the agro food sector, promote the stable growth of quality agricultural products and ensure food safety and food security while eliminating rural poverty. The strategy illustrates the dynamics that contributed to sectoral degradation over the past twenty-five years.
The strategy highlights the recent growth in agricultural imports, exceeding one billion USD, combined with an overall decline in local production. In addition, the food self-sufficiency ratio for almost all types of products has decreased, thus creating significant implications for food security.
This trend is particularly alarming in terms of the recent UN and the World Bank forecasts, according to which in 2040-2050 of the current century a severe global food crisis is expected. To prepare for these global food shortages, developed countries are revising their agricultural policies and import dependent countries are destined to face serious problems unless they take adequate measures.
The strategy will be funded from state budget as well as loans provided by international and donor organizations, grants, assistance, local and international investments and other sources. During the initial stages, activities will be funded by the state and donors. In later stages, when the necessary environment is created, private sector representatives and foreign investors are predicted to play a greater role in the agricultural development process.
Based on sustainability principles, the implementation of the Strategy for Agricultural Development in Georgia for 2015-2020 will ensure the growth and commercialization of agricultural products. The Strategy aims to develop a concrete action plan and sector based development programs taking into account priorities, deadlines and funding sources.
The Strategy will implement the following activities: § Activities focused on the economic development of regions and municipalities; § Improvement of relevant institutional arrangements; § Functioning of information-consultation services; § Re-training of farmers in accordance with relationship marketing requirements; § Integrated development of agricultural cooperatives; § Rehabilitation of agricultural infrastructure; § Improvement of statistical services; § Establishment of market information systems; § Improvement of food safety analysis and monitoring quality; § Development and implementation of relevant flexible legislative initiatives.
The key strategic directions and activities for implementation of strategic vision are defined according to 7 major directions and relevant activities, according to which a concrete action plan has been developed with specific deadlines and funding sources. These strategic directions are: § Enhanced competitiveness of rural entrepreneurs § Institutional development § Amelioration and soil fertility § Regional and sectoral development § Ensuring food security § Food safety, veterinary and plant protection § Climate changes, environment and biodiversity conservation
92 Instruction N 566 of the Government of Georgia of 28 March 2012 on the Adoption of Strategy for Agricultural Development in Georgia for 2012-2022 .
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The strategic directions, such as climate changes, environment and biodiversity conservation, include the following three measures: § Measure 1: Maintaining good agricultural practices, biodiversity and environmental sustainability programs § Measure 2: Gene bank development/management for conservation of agro biodiversity and endemic species § Measure 3: Promoting climate smart agriculture (CSA) practice
§ Measure 1 - Maintaining good agricultural practices, biodiversity and environmental sustainability programs Both environmental protection and biodiversity conservation will remain top priorities for the MoA. Productive but sustainable farming methods will be encouraged by ensuring best agricultural practices, crop rotation for soil structure and quality improvement and promoting a low level or appropriate chemical applications. Activities for supporting bio-organic production will be carried out both at the primary and processing plant levels. A gene bank will be developed for the conservation of agro-diversity and endemic species. In cooperation with the MoENRP, the MoA will coordinate the development of preventive and adaptation measures to address global climate change impacts.
Good agricultural practices, which aim at providing safe and quality agricultural products, will ensure efficient and sustainable agricultural production, maintain and improve soil quality and reduce degradation. For this purpose workshops and trainings, are to be organized that provide technical trainings in the followings areas: crop rotation, efficient use of pesticides and fertilizers and the rational use of water resources among others.
Relevant measures will be also developed and implemented to introduce these practices. The existing potential for organic production will be considered, including the possibility for bringing the accreditation system in line with international standards.
In terms of biodiversity, the Caucasus region is an ecosystem of global importance. The MoA will ensure coordination of activities with the MoENRP and relevant structures of neighbor countries on biodiversity conservation and sustainable development issues. This includes developing measures for the adaptation to an environment altered as a result of climate change and against soil degradation caused by desertification, salinization, turning agricultural land into salt marches as well as erosion.
For the purpose of maintaining and improving biodiversity, measures for increase of efficiency of management of agro-ecosystems and natural pastures and meadows will be implemented.
The systems for creation, encouragement, sustainable management and certification of organic farming will be introduced.
Based on ecosystem approach, measures for support of development of aquaculture will be implemented in internal water reservoirs of Georgia.
§ Measure 2 - Gene bank development/management for conservation of agro biodiversity and endemic species The Caucasus region is noted for its variety of agricultural plant, animal and bird breeds. The conservation of the existing agro biodiversity is of key importance in order to maintain agricultural sustainability. This has become even more important given climate changes, since it might result in the reduction of agro biodiversity. This mostly pertains to arid and semi-arid ecosystems.
A plant and livestock conservation strategy will be developed and implemented, which will include a detailed inventory and identification of native species and breeds, the development of gene bank and the establishment of efficient management systems. An awareness program for farmers and
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 65 other stakeholders will be implemented to teach about agro diversity and endemic species. The needed measures to conserve local plant, animal breeds, endemic species as well as their wild consanguineous populations, genetic purity of other socially or culturally important species will be implemented.
§ Measure 3 - Promoting climate smart agriculture (CSA) practices In addition, agricultural production is closely tied to climate change. The decline in agricultural production increases risks and negatively affects the economic and social welfare of farmers and other types of vulnerable groups. Therefore, it is important to promote a CSA approach that simultaneously addresses three intertwined challenges: ensuring food safety through increased productivity and income, adapting to climate change and contributing to the mitigation of climate change.
The introduction of CSAs is an important component of the Strategy and Action Plan. The MoA will collaborate with government institutions, local authorities, NGOs and private sector representatives in developing relevant national and municipal programs. In addition, the capacities of the MoA and municipal information-consultation centers will be enhanced through intensive training programs on CSA approaches.
The impacts on agriculture, due to climate change, will be assessed through various research studies while an information database will be created to collect data on the adverse effects of climate change and natural disasters. A system for agro climatic monitoring, analysis, results communication and other data dissemination will be put in practice.
In coordination with the MoENRP, a policy document for prevention and management of fires occurring in nature will be elaborated, with clear delineation of competencies and designation of entities responsible for management of these issues.
Therefore, in systemic terms the newly adopted Strategy for Agricultural Development in Georgia for 2015-2020 satisfactorily reflects potential risks for agriculture and agro ecosystems associated with adverse impacts of climate change, clearly formulates a strategic direction in relation to climate change and specifies activities to be implemented in the field of climate change mitigation and climate change adaptation.
It is essential that the above stated strategic directions and relevant measures are adequately reflected in a concrete action plan and agricultural sector development programs, which should be structured with consideration of priorities, deadlines and funding sources, to be developed after adoption of the strategy for its implementation.
It is also essential that a concrete action plan and programs give consideration to the systemic problems closely associated with sustainable agriculture and climate changes. These problems include the following: § The creation of legal and institutional mechanisms for the sustainable management of land resources and agricultural plots; § Demarcation and registration of state, municipal and private lands; § Defining entity/entities responsible for the rational use of pastures with common ownership status, the issues of use and management of such pastures should be confined within a legal regulatory framework, institutional enhancement of local self-governments and enhancement of material-technical base and human capacity of relevant services among others.
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5. GOVERNING STRUCTURE FOR ENVIRONMENTAL PROTECTION
This section reviews that various governing structures and agencies responsible for implementing and regulating legislation concerning environmental protection and climate change at the national, regional and local levels.
When the classification of governmental structures under this study, Section 6, is of certain conventionality and at the same time it does not contain judicial branch.
5.1 Power Structure
The following governance bodies are charged with environmental protection:
§ National government agencies; § Authorities of the Autonomous Republic of Adjara; § Local municipal authorities.
§ National Authorities:
§ President of Georgia; § Parliament of Georgia; § Government of Georgia; § Ministries of Georgia and other subordinate institutions. § Regional Governors as representative of the Georgian Government. For the purposes of this study, researchers categorized governors as national authorities.
§ Authorities of the Autonomous Republic of Adjara:
§ Supreme council of the autonomous republic; § Autonomous republic government; § Ministries and institutions of autonomous republic.
§ Local self-government bodies (municipalities)
As of 2014, the main representative body of local self-government is the municipal council (sakrebulo), while the executive mayor’s (gamgebeli) office (Municipal Board), is also elected and oversees the administration of the municipality. A Mayor and Municipal Council both serve for four- year periods.
Since 2014, a municipal board oversees administrative and budgetary matters for a municipal area. While a mayor may initiate legislation, the municipal council is the legislative body charged with legislative review and approval. For budgetary creation and approval, and municipal board with oversight provided by relevant national governmental ministries, create the municipal draft budget and provide it to the municipal council for approval.
A municipal board is an institution that ensures the implementation of competencies of a mayor and is headed by a mayor. Municipal board is composed of structural units. A structural unit of municipal board ensures the fulfillment of instructions of municipal council and mayor within the competencies defined by a relevant regulation. The structural units can have subdivisions defined by a relevant structural unit regulation and regular staff list.
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5.2 Competencies of National Authorities in Environmental Management and Climate Change:
5.2.1 President of Georgia
The President of Georgia is the head of state. According to Georgian legislation and reforms adopted in 2013, the President’s Office has limited terms of reference. Since 2013, almost all functions within the President’s Office related environmental issues were transferred to the Georgian Government.
5.2.2 Georgian Parliament
The Georgian Parliament is the most senior representative body that exercises legislative powers and defines key domestic and foreign policy directives for the country, including environmental legislation. In addition, the Georgian Parliament regulates governmental activities within the constitutional limits established by the 2013 constitutional reforms.
5.2.3 Government of Georgia, Executive Body
Since the 2013 constitutional reforms, the tasks and authoritative functions of the Georgian Government and the Prime Minister have been significantly expanded.
The functions of the Georgian Government and relevant ministries are defined by the Law of Georgia93 on the Structure, Authority and Rules of Operation of the Government of Georgia. Functions of the abovementioned institutions are defined by the abovementioned Law and other relevant legal acts approved by the Georgian government.
Georgian Government coordinates activities of the ministries. While implementing its functions it is guided by the Government Program approved by the Georgian Parliament.
Competencies that the government has in the fields of budget and national target programs planning fall under the program part of government activities. The government develops a national draft budget and in agreement with the President of Georgia submits it to the Parliament of Georgia, after budget adoption the government ensures its execution. Moreover, the government approves national target programs in social-economic and other fields and ensures their implementation.
According to Article 5 of the Law of Georgia94 on the Structure, Authority and Rules of Operation of the Government of Georgia (Article 5), besides implementation of an integrated state policy in the field of environment and natural resources protection and environmental safety of population, the national government responsible for ensuring the balanced usage of natural resources. In comparison, the above cited law does not regulate the GoG’s competencies in agricultural management. Integration of environmental management into the abovementioned Law is preconditioned by Constitutional provisions related with environmental safety and management, but not a recognition of the sectors as priority one over other sectors, e.g. agriculture.
Therefore, based on Article 5, (paragraphs “r” and “p”, of the Law of Georgia on the Structure, Authority and Rules of Operation of the Government of Georgia, the GoG is authorized to adopt and or approve policy-defining documents in environmental, natural resources and ecological
93 The Law of Georgia of December 23, 2004 on the Structure, Authority and Rules of Operation of the Government of Georgia (Legislative Herald of Georgia, part I, N3, 13.02.2004, Article 7). 94 The Law of Georgia of December 23, 2004 on the Structure, Authority and Rules of Operation of the Government of Georgia (Legislative Herald of Georgia, part I, N3, 13.02.2004, Article 7).
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 68 safety fields95 (for example, strategies, action plans, programs, concepts, etc.) – except cases when taking decision on such documents/issues is the immediate competence, defined by legislation, of any ministry.
In addition, the GoG is charged with establishing and terminating an advisory body, such as governmental committees, councils, inter-agency committee and or coordinating body. A governmental advisory body, such as a committee, or council, is established to prepare various issues that fall under the authority of executive power. An advisory body is authorized to request documents, statements and other data required for its work from state institutions and ministries. In addition, persons who are not public servants are allowed to take part in such work.
5.3 Ministries of Georgia and Subordinate Institutions
5.3.1 Ministry of Environment and Natural Resources Protection of Georgia (MoENRP)
The Ministry of Environment and Natural Resources Protection of Georgia (MoENRP) is the main national institution responsible for climate change policies and activities.
The MoENRP’s scope of activities and tasks in the environmental field are defined by the Policy Directive96 adopted under the Government Decree №98 of April 26, 2013. The Policy Directive of the Ministry in its integrated form reflects all the functions and competences of the Ministry that fall under its management under currently effective legislation of Georgia.
According to national legislation, the tasks and competences of the MoENRP, directly or indirectly linked with the climate change, are as follows:
Core Competencies Related to Environmental Management and Policy Issues:
§ Implementation of state policy in the field of environment; § State management of environmental protection and use of natural resources, except oil and gas; § State control of the utilization of natural resources, except oil and gas, and environmental protection; § Development of the national environmental action program; § Environmental performance review and handling of environmental impact permits; § Forecasting natural and man-made hazards and risks within the functions, planning mitigation measures and implementation of a unified policy to ensure environmental security; § Developing proposals on the termination of emergency ecological situation or ecological disaster zones; § Defining the priority areas for cooperating with international organizations and foreign countries; after highlighting these critical areas, coordinate and monitor the implementation of commitments undertaken in international environmental agreements; § Cooperating with international institutions, foreign governments, non-governmental organizations as well academic or other types of organizations, the point of contacts of international environmental agreements and international processes on behalf of the state, within the MoENRP’s jurisdiction; § Development and adoption of draft legal acts within the MoENRP’s jurisdiction.
95 Above-mentioned directions also contain the issues of climate change and adaptation to it. 96 Government Decree №98 of April 26, 2013 on the Adoption of Regulation of the Ministry of Environment and Natural Resources Protection of Georgia.
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Functions Directly Related to Climate Change Issues:
§ Planning climate change adaptation and mitigation measures; § Monitoring of ozone-depleting substances throughout the territory of Georgia.
Competencies Related to Environmental Components and Issues of Natural Resources Protection and Utilization:
§ Waste management planning; § Ensuring the balanced use and protection of land; § Prevention of soil erosion and implementing measures to restore and preserve soil fertility; § Drafting policies on the establishment, operation and management of protected areas and regulating these activities; § Monitoring of biodiversity; § Regulation of fauna species removal for scientific-research purposes; § Issuing permits on the export, import, re-export and introduction from the marine species, their parts or derivatives included in the Annexes to the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES).
Competencies Related to Environmental Monitoring, Education and Environmental Awareness:
§ Organizing monitoring of environmental pollution; § Compiling information on existing and expected hydro-meteorological and geo-dynamic processes; § Assess geo-ecological conditions and the overall environmental conditions inclusive of river basins and water reservoirs, the territorial waters of the Black Sea and the coastal shelf; § Regulate nuclear and radiation activities; § Monitoring of background environmental radiation; § Ensuring the availability of environmental information; § Promoting public awareness and education regarding the environment; § Drafting a national report on the environment.
The MoENRP is comprised of internal agencies as well as legal entities of public law, or LEPLs, under and please see below for Table 2, Ministry of Environment and Natural Resource Protection Organizational Chart, for additional information. Following the institutional and structural reforms of 201197, the ministry has no territorial organs.
Within the MoENRP, both the Climate Change Office and National Environment Agency, an LEPL, tackle issues related to climate change as itemized below:
Climate Change Office Functions98:
§ Participating in drafting and implementing policies and strategies on climate change; § Assessing climate change impacts and risks for economic sectors and ecosystems;
97 As a result of reform, the MoENRP was transformed into the Ministry of Environment Protection and was deprived of a number of competences that were then transferred to the Ministry of Energy, while the latter was transformed into the Ministry of Energy and Natural Resources. In the process of reforming the competences of the Ministry of Environment Protection and Natural Resources of Georgia and those of the Ministry of Economy and Sustainable Development of Georgia associated with the execution of policy regarding natural resources management and use, as well as other competences were transferred to the Ministry of Energy and Natural Resources. As a result of reform most of the supervisory and control functions of the Ministry in environmental environmental protection and natural resources managment field were annulled. Therefore, in practice the Ministry from a functional executive body (body with executive powers) was turned into a policy developing body, a body with public functions to a large extent. Finally, as a result of abovementioned changes, territorial bodies of the Ministry were liquidated in second half of 2011. 98 The mentioned service statute was approved by a Decree №23 of May 10, 2013 of the Minister of Environment and Natural Resources Protection on the Approval of Climate Change Service under the Ministry of Environment and Natural Resources Protection of Georgia.
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§ Forecasting the results of climate change; § Organizing and coordinating the drafting of a national plan for climate change mitigation, promoting its introduction and implementation; § Creating the Low Emission Development Strategy (LEDS); § Organizing and coordinating the drafting of a national plan for the adaptation of sensitive ecosystems and economic sectors to climate change; § Promote and implement the national plan on the environment; § Monitor ongoing climate change adaptation projects; § Explore/research technologies for climate change adaptation and greenhouse gas emissions (GHG) mitigation and analyze the relevant needs assessment and adoption process; § Coordinating the drafting of national communication to the United Nations Framework Convention on Climate Change in coordination with relevant stakeholders; § Periodic national inventory of GHG emissions and reporting results to the Convention Secretariat; § Ensuring the implementation of a policy, as directed by the Kyoto Protocol, promoting a clean development mechanism (CDM) and coordinating relevant stakeholders; § Analyzing the UN Convention and develop a national policy towards the Convention; § Present the national policy at various international conferences and represent Georgia in negotiations with auxiliary organs of the Convention; § Ensure and promote the active engagement of Georgia in the Convention organs and expert working groups as well as in activities of international organizations working on climate change issues; § Raise awareness within different layers of society and to external stakeholders on issues related to climate change problems; § Provide information to the Environmental Policy and International Relations Department of the MoENRP on the progress of internationally funded projects in the field of climate change according to the questionnaire; § Provide periodic information to the Environmental Policy and International Relations Department of the MoENRP on the implementation of the commitments undertaken in international agreements on climate change, on-going activities under the auspices of international organizations as well as copies of national reports submitted to the relevant secretariats; § Within the field of climate change, interact, on behalf of the MoENRP, with environmental and legal experts; § Exercise other relevant functions.
The Climate Change Office does not have any supervisory and or regulatory functions and is not responsible for organizing and implementing climate change adaptation and mitigation activities.
Essentially, the Climate Change Office, despite frequent changes in name and status,99 has always acted as a governmental coordination100 unit to ensure adherence with Georgian national commitments to the United Nations Framework Convention on Climate Change (UNFCC). Functionally, the Climate Change Office organizes and coordinates climate change adaptation planning.
99 The Service was a part of the Ministry in different times and with different status and name – first as a state subordinate institution under the MENRP of Georgia –National Center on Climate Change (from 2000), then as a structural division directly subordinated to the newly established Ministry of Environment Protection and Natural Resources of Georgia - Climate Change Office (from 2004), Hydrometeorological and Climate Change Office within the International Relations and Conventions Department under the same Ministry(from 2006), Hydrometeorological and Climate Change Office within the Sustainable Development Department (from 2008), Hydrometeorological and Climate Change Office within the Integrated Environment Management Department (from 2009), and finally as a Hydrometeorological and Climate Change Office within the Integrated Environment Management Department (from 2011 to 2013) under the reorganized (from 2011) Ministry of Environment Protection. 100 Coordinating/planning preparation of national communications of Georgia to the UN Framework Convention on Climate Change.
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Table 2. Structure of the Ministry of Environment and Natural Resources Protection of Georgia101
Minister
First Deputy Minister Deputy Minister Deputy Minister Deputy Minister
Service of of Administrative Water Resoruces Climate Change Forest Policy Department Service Sevice Management
Department of Service of Waste Encironmental Department of Department of and Chemical Nuclear and Biodiversity Protection Policy Substances and International Radioactive Protection Management Safety Relations
Service of Natural Service of Department of and Legal Department Atmoshperic Air Environmental Anthrophogenic Protection Impact Permits Threats Management
Service of Land Protection and Mineral Resources
LEPL - LEPL - LEPL - LELP - LEPL - The Agency of National National სატყეო Centre of Protected Agency of Forest საბაზისო Environmenta Areas Environment Agency სანერგე l Information მეურნეობა and Education
National Environment Agency:
The National Environment Agency102under the Ministry of Environment and Natural Resources Protection of Georgia has functions related to climate change issues in the following areas: § Studying physical processes of climate change; § Drafting mitigation and relevant adaptation measures to tackle the adverse effects of climate change.
101 Source: http://moe.gov.ge/index.php?lang_id=GEO&sec_id=9 102 The Agency Statute has been approved by Decree №27 of april 13, 2011 of the MiniSter of Environment and Natural Resources Protection of Georgia on the Approval of Legal Entity’s of Public Law - National Environment Agency Statute.
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The Agency was established in 2008 as a result of the merger of functions of several independent agencies, such as the former state hydro-meteorological and geological departments. Currently, its functional divisions are the following: § Department of Monitoring of Air Pollution; § Hydro-Meteorology Department, which studies dynamics of changes in hydro- meteorological parameters on the territory of Georgia against the background of global climate change § Geology Department, § Fishing and Black Sea Monitoring Service; § Licensing Department, for the usage of natural resources.
It is worth mentioning that neither the National Environment Agency, nor the Climate Change Office or any structural unit of the Ministry, according to their Policy Directives, is responsible for implementation of the following function within the competence of the Ministry103: Organizing climate change adaptation and climate change mitigation measures.
Moreover, the authors of the study believe that due to flaws104 in the effective functioning of the environmental monitoring systems, the MoENRP faces difficulties collecting verified data points and indicators on climate change, which is essential for medium and long-term planning of climate change adaptation activities.
5.3.2 Ministry of Economy and Sustainable Development of Georgia105
The key fields of activity for the Ministry of Economy and Sustainable Development of Georgia (MoESD) are following: § Economic policy; § Trade and investments; § Tourism; § Management and disposition of state property; § Urban development and spatial-territorial arrangement; § Construction; § Electronic communications; § Information technologies; § Post; § Transport; § Standardization and metrology; § Accreditation; § Reform of the pension system.
In addition, the MoESD is tasked to develop a sustainable development strategy and to draft a supplemental support state program. Additional core functions include the following: § Working to ensure the country’s readiness to face global challenges; § Drafting, revising and analyzing the relevant innovation projects related to sustainable development; § Advise the GoG regarding implementation of sustainable development projects; § Identify investment opportunities and resources in the field of sustainable development; § Develop relevant legislative initiatives supporting sustainable and safe economic development and submitting these proposals to the GoG.
103 In this respect refer to competences of the Ministry directly related to climate change issues – “Arrangement of Climate Change Adaptation and Mitigation Activities” - the subparagraph “S” of Article 3 of the Porvision of the MENRP approved by Decree №98 of April 26, 2013 of the Government of Georgia. 104 Primarily difficulties associated with funding and material-technical equipment. 105 The Ministry statute is approved by the following normative act: Government Provision N77 of September 10, 2004.
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To achieve the above goals, it is essential that the MoESD cooperate with the executive branch and civil society, business sector and international institutions.
5.3.3 Ministry of Regional Development and Infrastructure of Georgia 106
The following activities fall within the scope of the Ministry of Regional Development and Infrastructure (MRDI): § Developing national policy, concepts and programs, draft laws, draft normative and legislative acts of the President of Georgia and the GoG on issues related to the development of fields and sectors under MRDI’s management, § Coordination and monitoring the implementation of the above mentioned policies and laws. § Develop proposals for decentralizing the governance system, inclusive of the division and distribution of powers between the national and the local self-governance authorities; § Prepare proposals for supporting entrepreneurship throughout Georgia; § Promote investment activities; § Address unemployment concerns; § Create new jobs and develop social infrastructure; § Coordinate the development and implementation of regional social and economic development plans and programs; § Analyze and forecast social and economic development of municipalities, including the quality of life and level of employment; § Ensure and coordinate the implementation of water supply development, water supply systems introduction and support activities; § Develop a solid waste management policy for Georgia, except for Tbilisi Municipality and Adjara, and ensure its implementation; § Coordinate local and donor funded projects and assess the effectiveness of their implementation within MRDI’s competence; § Analyze the municipal budget revenues and expenditures and propose improvements in inter-budgetary relations; § Develop proposals for decentralizing the budget creation and implementation system; § Participate in the liquidation of the aftermath of natural disasters; § Prepare proposals for the GoG addressing the creation of a municipality and how to change administrative boundaries; § Coordinate issues for continuing the professional development of national and local public servants; § Ensure the implementation of individual infrastructure projects within the competence of both MRDI and other state organs, upon the decision of the GoG, and in accordance with relevant regulations, as well as coordinating and monitoring of construction, rehabilitation and other types of works under these projects; § Implement an integrated state policy on development, design and scientific-technical progress of international and local road networks; § Facilitate and coordinate international, including cross-border cooperation between regions and municipalities within MRDI’s competences; § Cooperate foreign countries and international organizations on issues falling within the competence of MRDI such as the following: § Drafting and development international agreements; § Cooperating with competent international financial institutions and their regional structures to mobilize international aid to implement projects significant to Georgia; § Exercising other powers and performing other tasks.
In addition, the Municipal Development Fund of Georgia falls under the auspices of the MRDI, with the Fund financing and supervising infrastructure projects. The objectives of the Fund are the following:
106 The Ministry statute is approved by the following normative act: the Government Provision N10 of January 30, 2009.
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§ Strengthen the institutional and financial capacity of local governance bodies, § Invest financial resources in local infrastructure and services, § Improve, in a sustainable way, the economic and social services for the local communities, § Develop renewable energy sources, § Rehabilitate irrigation and drainage systems, § Provide low-interest loans to legal entities and individuals through the framework of the relevant governmental program, § Technical assistance for foreign and Georgian legal entities for business development in Georgia, § Liquidation of damage caused to the population and infrastructure due to the conflicts on Georgian territory.
To achieve the above objectives, the Fund cooperates with the local self-government bodies, individuals and Georgian legal entities, foreign governments as well as Georgian local communities. The Fund mobilizes financial resources from international organizations, donor agencies and foreign countries, as well as from the Georgian national government and local municipal authorities. Per Georgian legislation, the Fund is responsible for managing the financial resources obtained from the central and local budgets, international financial institutions and other donors to finance local and regional infrastructure investment projects as well as related technical assistance.
The responsibilities of the Fund with regard to self-government include: § Implementing community and municipal-based initiatives (micro-projects); § Enhancing the administrative capacities of the self-government; § Building the capacity of the self-government in asset and financial resources management as well as improving the accountability of self-government.
The MRDI also manages certain limited liability companies (LLCs), which are 100 per cent state- owned, such as the LLC United Water Supply Company of Georgia and Ltd. Solid Waste Management Company of Georgia.
LLC “United Water Supply Company of Georgia” was founded on January 14, 2010. The company provides water supply and wastewater services for urban settlements throughout Georgia, except for Tbilisi, Mtskheta, Rustavi and the Autonomous Republic of Adjara. The company comprises a head office, six regional branches and 50 service centers and employs about 2700 persons, of which 60% work in operations, 24% work in financial field and 16% work in administration. The state owns 100% of the company’s shares. Its main activities and functions include the following: § Water abstraction, treatment and supply to end users; § Design, construction, installation, maintenance and operation of water supply and sewage systems; § Production and maintenance of the water supply and sewage systems.
Ltd. “Solid Waste Management Company of Georgia” was established under the MRDI on April 24, 2012 as part of the solid waste management reforms107. The company provides management of solid waste landfills throughout Georgia, excluding the city of Tbilisi and the Autonomous Republic of Adjara. The company’s activities include the following: § To identify the potential adverse environmental and health impacts associated with the management of landfills; § To improve the operating standards of the existing landfills as the company operates 52 landfills; § To plan the construction of new sanitary landfills complying with the EU standards;
107 The management of municipal solid waste landfills is an issue of national, regional and local significance for Georgia. The Government of Georgia identified solid waste management as one of the most acute challenges in terms of regional infrastructure development and started reforming the existing system fom 2012.
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§ Phased closure of the existing landfill sites failing to meet EU requirements following the opening of landfills that adhere to EU standards; § To promote public awareness raising activities about sustainable solid management; § To create a system of effective cooperation and knowledge sharing between the company and the municipalities; § Maintain close cooperation with various stakeholders, including ministries, local municipalities and other agencies responsible for various aspects of waste management system.
Given the MRDI’s powers, as well as the range of activities conducted by agencies that report to the MRDI, MRDI’s engagement in climate change adaptation planning and implementation is critical.
5.3.4 Ministry of Energy108
The MoE designs and implements a national energy strategy and associated programs and activities. In addition to implementing activities in the energy sector, the MoE works to ensure the stability of the energy sector, its security and emergency response abilities. In compliance with the state policy, strategy and priorities, the MoE also develops proposals for increasing the overall capacity of the energy sector. Specific activities include the following: § Manages the transmission sector inclusive of dispatch, distribution, supply and consumption; § Energy import-export and suggests directions for their implementation; § Seeks financing from the state budget for projects crucial for the country’s energy independence, security, proper functioning and development of energy systems and makes state investments into the sector; § Manages state and/or other entity-owned stocks or/and shares, such as exercising partner/shareholder powers, in compliance with the applicable rules.
Moreover, the MoE strives to promote the following: § Technical skills acquisition in the areas of scientific-research, design and engineering; § Pursues relevant resource extraction; § Develops renewable and alternative energy sources; § Implements energy efficiency activities; § Defines priority activities to promote the country’s sustainable development and organizes their implementation; § Defines priority areas for collaborating with international organizations and foreign countries and ensures fulfillment of its international commitments.
5.3.5 Ministry of Agriculture 109
The MoA is responsible for the following sectors: agro-food, agro-processing, soil conservation and fertility restoration-improvement, crop farming, livestock farming and fishing, agro engineering and animal husbandry. Currently, the MoA operates municipal based administrations and consultation services.
The functions of the various subdivisions of the MoA, its constituent organizations and territorial agencies cover relevant environmental management and climate change issues and are pertinent for this study.
Structural subdivision level:
108 The Ministry statute is approved by the following normative act – Decree №97 of the Government of Georgia of 26 April, 2013 on the approval of the Statute of the Ministry of Energy of Georgia. 109 The Ministry statute is approved by the following normative act – Decree №485 of the Government of Georgia of December 28, 2012 on the approval of the statute of the Ministry of Agriculture of Georgia.
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§ Developing an integrated reclamation policy; § Defining an integrated policy on the rational land use, soil conservation, soil fertility restoration-improvement and implementing relevant measures; § Producing an integrated GIS on land use and soil quality indicators (soil map) according to agricultural plots; § Developing target programs on soil anti-erosion measures, fertility restoration and preservation; § Review of projects on land use.
Regional administrative level § Develop sector programs and facilitate their implementation; § Identifying and analyzing problems faced by the agriculture sector in the region, developing recommendations and submitting to the MoA; § Define regional priority directions, prepare proposals for their development and submit these proposals to the MoA; § Developing a comprehensive updated information database on areas under crops and plantations during an economic year in the region; forecasting potential yield according to crops, obtaining-processing latest information; § Promote and facilitate the introduction of modern agro technical methods of growing-caring for agricultural crops; § Arrange various trainings, study courses and information meetings; § Engagement in activities of commissions and working groups on the elimination of consequences of natural disasters in accordance with applicable rules, analysis and assessment of agricultural emergencies; § Develop a statistical database and related activities.
Municipal information and consultation services level: § Collecting information regarding agricultural plots existing within the administrative- territorial boundaries of the municipality; § Developing a comprehensive updated database on areas under crops and plantations during an economic year; § Operational crop yield forecasting within the administrative-territorial boundaries of the municipality, collecting-processing latest information; § Select target projects to be implemented by the MoA within the administrative-territorial boundaries of the municipality, providing consultations and monitoring; § Provide information to local communities regarding the policies and programs of the MoA; § Provide information to the MoA regarding identified problems and the existing situation; § Provide information to interested persons on legal and tax liabilities effective in agriculture; § Promote and facilitate the introduction of modern agro-technical methods of growing-caring for crops; § Economic evaluation of animal and plant products production technological processes (considering the expenditures spent on means of production used) and providing recommendations to interested persons.
The structure of the MoA and its local agencies work to meet local self-government needs and exchange knowledge with municipal representatives. Given this structure, the MoA is well placed to collect, analyze and make policy decisions on current processes, including climate change related issues, in the agricultural sector.
Along with that, it’s noteworthy that the structural divisions or/and territorial organs under the MoA do not provide for a formal staff position responsible for environmental aspects, thus limiting the potential for coordination between the MoA and the MoENRP.
When considering the institutional system of the MoA, it should be noted that the system as a whole also includes LEPLs with various functions under the MoA, such as the National Food
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Agency and the National Wine Agency. Additional LEPLs work to ensure agrarian reform and institutional development of agriculture sector such as the Agricultural Fund for Rural Development, the Agriculture Management Agency and the Network of Agriculture Extension and Mechanization.
5.3.6 Ministry of Finance
Through close cooperation with the MoF, the MoENRP defines the amount for state subsidies and develops medium-term programs. On behalf of the GoG, the MoF leads efforts to mobilize financial resources from international donor organizations, such as additional financing needed for environmental protection.
5.3.7 Ministry of Education and Science
The MoES should closely cooperate with the relevant ministries responsible for environmental protection and climate change issues in order to create opportunities for acquiring knowledge, technical skills and upgrading qualifications in this field. The mentioned ministries should also collaborate in reform of the higher educational system and research institutions.
5.3.8 National Statistics Office of Georgia (Geostat)
The National Statistics Office of Georgia (Geostat) is a LEPL, established on the basis of Law of Georgia on Official Statistics with the objective of generating and disseminating statistical data and information. Geostat is independent of the executive branch of power and acts in compliance with internationally recognized principles, the Law of Georgia on Official Statistics and other legal acts.
The availability of accurate statistical data is vital for making informed decisions in the areas of sustainable development and environmental protection. Currently, Geostat collects and publishes significant statistical data in these fields, including publications such as Environmental Protection and Natural Resources, Analysis of Family Households, Agricultural Census as well as Geostat annual and quarterly bulletins among others.
The collected statistical data covers a wide range of issues related to environmental protection and natural resources, though it does not contain a large part of data available at the MoENRP, including climate change related data, as Geostat is responsible for collection of limited information of that sort. In order to improve the methodology for data collection and statistical information generation relevant to the environmental field, it is recommended to set up a joint special working group between the MoENRP and Geostat.
5.3.9 State Representative - Governors
According to the provision of Decree №308 of November 29, 2013 of the GoG, a state representative-governor represents the GoG to an assigned administrative-territorial unit110. A state representative-governor is appointed and dismissed by the GoG, and thus is accountable to the GoG. A state representative-governor is obliged to respect self-government’ right to exercise their powers independently and at their own responsibility, and in case of exercising delegated powers – the right of self-governments is to exercise it taking into account of local needs and conditions.
Per national legislation, a governor has the following functions: § Coordinates the implementation of regional policy and individual activities of local municipal reforms per GoG instructions;
110 A combination of several municipalities is referred to as “region”. In legal terms, the regional division is of conditional nature and was introduced to improve coordination between central and local government bodies. Though such division has no constitutional basis. Thereby, there’s no legislation regarding a region’s status or/and its competences.
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§ Develops or/and implements social and economic development programs and participates in regional development events on instructions of the GoG; § Develops recommendations and proposals for the GoG on priority directions for the economic development of a relevant territory; § Encourages the development of agriculture and sport, protection of cultural and historical monuments and implementation of other activities on instructions of the GoG; § Coordinates relations between the GoG and national agencies with local municipal bodies; § Coordinates the activities of territorial organs of the ministries per instructions from the GoG; § Pursuant to applicable regulations of Georgia and within his/her competence, organizes emergency prevention, response and rehabilitation activities; § Manages the Regional Emergency Operations Center in full compliance with the applicable regulations.
A state representative-governor is authorized to set up temporary commissions, councils and working groups to fulfill instructions of the GoG, as well as to develop proposals and recommendations on issues within his/her competence.
A state representative-governor exercises his powers through state representative-governor’s administration. Along with other subdivisions, the structural units of the administration comprise both a Service of Relations with Local Self-Government Bodies as well as a Regional Projects Coordination Service.
Under the functions of a state representative-governor is the following: organizing development and implementation of regional socio-economic development programs of the action territory, supporting implementation of regional development activities, developing recommendations and proposals on priority directions of economic development, encouraging development of foreign socio-economic and cultural relations.
From the beginning of 2012 through 2013, inclusive one of the structural units of the state trustee- governor administration was represented by Agriculture Development Service; its main functions were coordination of reforms in the agricultural sector at a regional level.
An institution of state representative-governor is an essential management unit in the chain at regional level (for group of several municipalities) – from a one hand for ensuring cooperation and coordination between the Government of Georgia and local self-governments, on the other hand, between local self-governments and territorial entities of GoG.
5.4 Powers of the Autonomous Republics’ Authorities in the Environmental Protection and Climate Change Field
The powers and competencies of the Autonomous Republics of Abkhazia and Adjara are defined by the Constitution of Georgia and the Constitutional Acts. Given this study’s focus, a review of the functions of the Autonomous Republic of Adjara in the environmental protection field, including climate change issues, is of special interest.
The powers of the authorities of the Autonomous Republic of Adjara are defined by the Constitutional Law of Georgia on Status of Adjara Autonomous Republic111 and the Constitution of the Autonomous Republic of Adjara112. According to these acts, environmental protection is not on the list of issues under special management113 of the Autonomous Republic of Adjara.
111 A constitutional law of Georgia of July 1, 2004 on the status of the Autonomous Republic of Adjara. 112 Is adopted by Supreme Council of the Autonomous Republic of Adjara on February 20, 2008 – is approved by organic law of Georgia of July 15, 2008 on the Approval of Constitution of Ajara Autonomous Republic. 113 Under the constitutional law and the Constitution of the Autonomous Republic of Adjara some issues having certain relation to
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According to the Constitutional Law of Georgia on the Status of the Autonomous Republic Adjara may implement some delegated powers in the Autonomous Republic of Adjara, except for issues managed by Georgian higher state bodies pursuant to the Constitution of Georgia.
Therefore, the Autonomous Republic of Adjara may implement activities in the area of environmental protection, except in the following areas: creation of meteorological service, implementation of environmental observing systems and adoption114 of legislation on land, minerals and natural resources. The mentioned norm is enforced under legislative acts regulating environmental issues, based on which the Adjara Autonomous Republic exercises a number of powers in the environmental field through an institution subordinate to the Government of Adjara Autonomous Republic – Directorate of Environment and Natural Resources.
In particular, the scope of activities of the Directorate115 of Environment and Natural Resources of Autonomous Republic of Adjara is defined by the following legal acts: Environmental Protection, Ambient Air Protection, on Water, on Hazardous Chemical Substances, on Wildlife, on Red List and Red Book of Georgia, the Forestry Code of Georgia and other normative acts.
The Directorate’s tasks include the following: § Preserve a safe and healthy environment and protect the environment from adverse impacts; § Preserve and improve ambient air quality that is safe both for human health and natural environment; § Avoid adverse effects on water, protect water bodies and use water resources in a rational way considering the interests of current and future generations as well as principles of sustainable development; § Participate in assessment of hazardous chemical substances, prevent adverse human health and environmental effects and inform the local community on dangers caused by exposure to hazardous chemical substances; § Preserve and protect unique natural and cultural environment and its individual components, including vegetative cover and wildlife, biodiversity, landscapes, culture and nature monuments found in forests, rare plant and endangered species for future generations; § Study hazardous geological processes in the territory of Adjara Autonomous Republic, forecast geological hazards and develop an information and reference database.
To fulfill its tasks, the Directorate is entitled within its competences and within the territory of the Autonomous Republic of Adjara to: § Develop and submit to the government of the Autonomous Republic of Adjara legal acts and proposals on measures for the improvement of biodiversity, ambient air, water, soil, forests and environment; § Review and obtain approval for projects on maximum allowable hazardous emission rate or/and temporarily approved emission rates, as well as technical report on inventory of ambient air pollution sources and emitted hazardous substances; § Obtain approval for projects on technical regulations of water extraction from surface water bodies, carry out supervision over rational water use and protection activities, state recording of water, registration of its use; § Establish systematic control within its competences over protection of forests, natural resources, minerals, wildlife and vegetative cover and observing the rules governing their use;
climate change adaptation issues fall within special management of Autonomous Republic. These are: promotion of education and science; local construction and urban development; motorways of local importance and other utility systems; sanitation; agriculture and hunting, forestry management, fire safety. 114 These issues, pursuant to the Constitution of Georgia, fall under exclusive management of highest agencies of state power. 115 A Government Decree N53 of December 7, 2010 of Ajara Autonomous Republic on the Approval of the Statute of Directorate of Environment and Natural Resources –a subordanate institution of Ajara Autonomous Republic.
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§ Be engaged in the management and regulation of waste and chemical substances; § Within its area of competence, act in a representative capacity on behalf of state in law enforcement agencies and courts while fulfilling its obligations as prescribed by the legislation; § Review applications, complaints and proposals of citizens and take timely actions prescribed in the legislation; § Exercise other powers granted to the Directorate by the legislation of Georgia and the Autonomous Republic of Adjara.
The Directorate comprises the structural subdivisions, including the Service for Integrated Management of Biodiversity and Environment, Geology Service and Land Management Service as well as the Forestry Agency of Adjara, an LEPL.
Therefore, through its subordinate institution, the Directorate of Environment and Natural Resources of Autonomous Republic of Adjara, the Autonomous Republic of Adjara fulfills a number of functions that are closely related to factors contributing to climate change. However, the responsibilities for organizing the implementation of climate change adaptation and or climate change mitigation programs at the autonomous republic level are not embedded in the competencies of the institution.
However, the Directorate of Environment and Natural Resources of Autonomous Republic of Adjara, together with a large group of specialists, central government bodies, the mayor’s office of Batumi and other agencies of the Autonomous Republic of Adjara, was engaged in the development of a climate change strategy116 for Adjara. The document is part of the preparation of the Third National Communication117 to the UN Framework Convention on Climate Change and is a communication prepared at regional level.
The natural environment of Adjara is unique as it is the only region of Georgia richly endowed with a subtropical climate and relevant recreation resources with potential for tourism development. These conditions largely contribute to region’s agricultural development, due to which Adjara can be considered a strategic experimental area for the development of two national priorities, tourism and agriculture. Taking into consideration the above-mentioned circumstances, the strategy closely reviews the economy and natural ecosystems in Adjara, evaluates the impacts of recent climate changes on them and assesses the potential impacts of expected climate changes using models elaborated within the framework of the Second National Communication. Based on the available statistical data, an inventory of GHG emissions and sinks at the regional level was carried out, and the various mechanisms for reducing GHG emissions and climate change adaptation measures were also considered.
This regional communication developed 15 project proposals to implement specific actions to reduce the vulnerability of individual segments of the economy and natural ecosystems of Adjara to climate changes, as well as reducing GHG emissions from Adjara territory and strengthening the sinks. The development of the Climate Change Strategy of Adjara sets a precedent for other Georgian regions to carry out similar works and proactively highlights much needed environmental projects within Adjara to be supported by international donors and other sources.
116 (2013) Climate Change Strategy of Adjara / UN Development Program - UNDP-Georgia. http://www.ge.undp.org/content/dam/georgia/docs/publications/UNDP_GE_EE_Ajara_CC_2013_eng.pdf 117 Subsection 5.7. Georgia’s Second and Third National Communications to the United Nations Framework Convention on Climate Change (2009 & 2015).
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5.5 The Role and Responsibilities of Self-government in Environmental Protection and Climate Change118
The self-government can play an essential role in addressing environmental issues at local level despite the fact that their competencies in this field are rather limited.
The Local Self-Government Code became effective after the 2014 municipal elections. It defines the following: § Legal basis for exercising the authorities of the self-government; § The roles and responsibilities of the local self-government bodies; § Regulations for their establishment and activities; § Their finances and property; § Relations between citizens and the self-government; § Relations between citizens, the central government bodies and legal and private entities of public law; § Regulations for state oversight over the activities of the local self-government bodies and exercising direct state governance.
The Code combined the following laws: on State Oversight over the Activities of the Local Self- Government Bodies, on the Capital of Georgia: Tbilisi, and on the Property of Local Self- Government Unit. According to the Code on Local Self-Government, the following bodies comprise self-government:
5.5.1 Municipal Council (Sakrebulo)
The municipal council is elected every 4 years by representative elections. The municipal council officials are: § Municipal council chairperson elected by municipal council from among its members; § Deputy chairperson of municipal council elected by municipal council from among its members on the recommendation of chairperson; § Municipal council commissions chairperson elected from among its members; § Municipal council opposition chairpersons are elected by an opposition party in a manner prescribed by charter of an opposition’s party.
Municipal councils’ commissions are established to provide preliminary review of and preparation of topics for decision-making and voting, support decision implementation by executive board (mayor’s office) and its structural units and legal entities established by municipality. A commission should not exceed five persons. Members of municipal council can unite into a faction. The number of faction members should not be less than three people. Municipal council secretariat supports the organizational activities carried out by municipal council while the head of the secretariat and secretariat staff are appointed and dismissed by municipal council chairperson.
5.5.2 Executive Body of a Municipality (City Hall) and Mayor The executive body (executive board) and highest official of a municipality is a mayor. The municipal council has a conferred right to bring a no-confidence motion against the mayor. A no- confidence motion will be considered passed if the initiative is supported by no less than two-thirds of voting members. Passing a no-confidence motion against a mayor leads to termination of his/her authorities.
An executive board’s is subordinate to a mayor and implements all responsibilities delegated to a mayor. Executive board is comprised of structural units to ensure the fulfillment of tasks assigned by either the municipal council or mayor within the scope of competence prescribed by a relevant
118 Note: on roles and responsibilities of local self-governments in environmental protection and climate change field see also the subsection 3.3.1 of the study – Local Self-Government Code (2014)“
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 82 statute. Officials of executive board are: § Mayor; § First Deputy Mayor; § Deputy Mayor; § Head of Structural Unit of Executive board.
The number of gamgeoba/mayor office officials should not exceed 13.
5.5.3 Self-government Unit Roles and Responsibilities
The roles and responsibilities of a municipality government (self-government unit) are described in Article 16 of the Local Self-Government Code. The specific responsibilities of the municipal council are outlined in Article 24 of the Local Self-Government Code, while those of mayor in Article 54.
The statutory functions of the municipal council comprise defining the major directives for municipal development and adopting normative acts, while the mayor is responsible for execution of normative acts, management of municipal funds and property.
5.5.4 Self-Government’s Role and Responsibilities Regarding Environmental Management, Including Climate Change
The roles and responsibilities of the self-government (municipal) authorities in the areas of environmental protection is cited in paragraph 4 of Article 16 and defines the issues over which a self-government may legislate and or implement activities. The self-government may take a decision provided the issue is not the responsibility of another governmental body pursuant to the legislation of Georgia and is not prohibited by law. Currently, the MoENRP decides on all issues related to climate change adaptation and climate change mitigation.
Regarding issues related to environmental protection, including climate change, pursuant to Article 16 of the Code on Local Self-Government, the following activities fall within the scope of municipal governments’ roles and responsibilities:
§ Management of natural resources of local importance, including water, forest and land resources in municipal ownership in the manner prescribed by law: This is a rather important responsibility, though its realization depends on providing a relevant legal basis, otherwise self-government will be unable to exercise this competence. In particular, the subparagraph “e” of first part of Article 165 details that the GoG should prepare and submit to the Georgian Parliament a draft law on defining natural resources of local importance, including water and land resources before January 1, 2016. As such, self- government will be able to make decisions on the management of natural resources of local importance only after enactment of this draft law.
§ Spatial planning of a municipality and defining norms and regulations in the relevant area. This includes approval of documents for municipal construction, including the Land Use Master Plan, the regulatory plan for site development, standards for regulation of use of settlement areas as well as site development: Spatial planning is an important lever for climate change adaptation and impacts mitigation. It is noteworthy that self-governments were empowered with this authority by 2005 Organic Law on Local Self-Government, though only a few municipalities took advantage of this authority and developed a spatial plan for their own administrative settlement areas. The ability of a municipal government is to exercise this authority is dependent on both the relevant municipal budget and the overall level of technical knowledge and skills within a municipal government.
§ Providing public amenities and relevant engineering infrastructure development such
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cleanup of streets, parks, small parks and other public places, site landscaping and provision of street area lighting: This role, especially site landscaping and street area lighting is an efficient instrument for climate change mitigation. The implementation of these activities and their efficiency largely depends on the availability of relevant financial resources.
§ Municipal waste management: Until 2012, waste removal and disposal as well as the arrangement of landfills fell within the authority of self-government. Since 2012, the arrangement of landfills and their operation were transferred to the authority of the MRDI.
In December 2014, along with adoption of Waste Management Code, an amendment was made to the Local Self-Government Code, according to which waste management became a responsibility of the municipalities. However, currently the arrangement and management of landfills remains under the bandwidth of the MRDI. Therefore, self-governments are limited in their abilities to manage both waste collection and removal. In addition, according to the Waste Management Code, the self-government are responsible for developing and adopting a 5 year plan for managing municipal waste generated within their administrative territory. These plans should also including waste collection mechanisms, ensure the proper functioning of waste collection systems while introducing separate collection schemes for specific waste.
§ Providing water supply, including the supply of process water, and water drainage; development of irrigation system of local importance: The management of water supply and the development of irrigation systems were delegated to the self-government in 2014. However, it is worth mentioning that through 2007 municipalities were charged with providing and operating the local water supply networks. From 2007 until 2014, this function was transferred to the MRDI.
According to Article 16 of the Local Self-Government Code, ensuring a sustainable supply of drinking water is a responsibility of the relevant municipal government. However, the same article states that municipalities may exercise this responsibility only in settlements where the supply of drinking water and water drainage services are not provided by a relevant licensed provider. Therefore, the self-government are not responsible for administrative centers, i.e. settlements equipped with main water supply and sewage systems, where the local communities are supplied with drinking water by a licensed supplier under the MRDI, Ltd. United Water Supply Company of Georgia. Self-government is charged with overseeing the maintenance and operation of water drainage systems, in particular sewage, drainage networks and treatment facilities. However, due to extremely limited resources, municipalities do not fully oversee these facilities and the UWC oversees the majority of the water drainage systems throughout Georgia, with the exception of Tbilisi.
§ Establishing municipal pre-school facilities and orphanages and ensuring their proper functioning: Pre-school facilities and orphanages can be used for awareness raising purposes for climate change concerns and issues.
§ Management of motorways and local traffic management as well as providing parking lots for vehicles and regulation of parking rules: The management of traffic flows and the proper design of motorways can largely contribute to the reduction of adverse environmental impact factors in a relevant settlement. This issue is especially problematic in cities, though it is closely related to the spatial planning of a settlement.
§ Issuing of permits for regular passenger transportation within the municipal administrative
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boundaries and arrangement of municipal transport services: The development of a municipal transport can largely contribute to the reduction of traffic flows. In order for municipalities to fully exercise their authorities in this area, the national government needs to amend the laws regarding motorway transport and licenses and permits, as these laws provide opportunity for issuing permits only in self-governing cities and not in the rest of municipalities.
§ Issuing construction permits within municipalities and supervising construction activities: The Product Safety and Free Movement Code and the Governmental Decree N57 of May 24, 2009 on the Procedures on Issuing Construction Permits and Permit Terms detail the relevant procedures for issuing construction permits. According to Article 31 of the decree, self-government issue permits for constructing facilities that fall under categories II, III and IV. The self-government may not issue permits for buildings and facilities of “special importance”, e.g. national importance or ones associated with high risks both exploitation or construction. .
Certain competences of self-government are detailed in some environmental sectoral legislative acts. For example, sub-paragraph “f” of Article 8 of the Law of Georgia on the Conservation of Soils and Fertility Restoration119 states that to ensure the conservation of soils and the restoration of the soil’s fertility, it is prohibited to decommission irrigation, drainage, bank protection, anti- erosion, mudslide and landslide preventive or other facilities without the approval of self- government.
In addition, paragraph 2 of Article 8 of the Law of Georgia120 on Nuclear and Radiation Safety outlines the self-government’ responsibilities regarding nuclear and radiation materials. At present, Georgian legislation does delineate between the responsibilities of self-government and the autonomous republics’ and states that “…Based on the goals of the law, the competencies of autonomous republics of Abkhazia and Adjara and relevant local self-government bodies in the area of nuclear and radiation safety include: § Facilitating implementation of a national policy; § Engagement in implementation of national programs; § Support to the regulatory body in exercising its competences on the territories under their jurisdiction, to the extent permitted by the applicable law; § Providing assistance to the population affected by ionizing radiation in a manner prescribed by the laws; § Participating in decision-making on locating or terminating operation of nuclear and radiation facilities with increased risk of radiation exposure on the territories under their jurisdiction”.
The Law on Protected Areas mostly limits the role of self-government by an obligation of cooperation with the Agency of Protected Areas, though the law allows local self-governments to manage certain categories, i.e. protected landscapes and protected area with sustainable use of natural resources (IUCN Categories V and VI). This provision is not of exclusive character, however, is demonstrated in the Law of Georgia for the Establishment and Management of the Tusheti, Batsara-Babaneuri, Lagodekhi and Vashlovani Protected Areas, according to which the management of the Tusheti Protected Landscape is the responsibility of the municipal government. Another pertinent example is the Law for Establishment and Management of the Javakheti Protected Areas, according to which the municipal government has an authority to manage the Javakheti Area.
Along with the adoption of Local Self-Government Code, the self-government unit’s competencies were removed from the Law of Georgia121 on the Ambient Air Protection. It can be stated that it
119 Consolidated version available only in Georgian: https://matsne.gov.ge/ka/document/view/14938 120 Consolidated version available only in Georgian: https://matsne.gov.ge/ka/document/view/1618592 121 https://matsne.gov.ge/en/document/view/16210
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 85 was the law that granted local self-government bodies with effective competencies in the field of climate change mitigation. Paragraph 8 of Article 25 of Law on Ambient Air Protection allowed the local self-government’s representative body to limit or prohibit the operation of certain types of vehicles or other mechanical transport means within their territories (except for traffic arteries of overall national designation running through its territory) to limit hazardous substances emitted from vehicles and other mechanical transport means. Article 27 of the law regarding control over small-scale sources of ambient air pollution with hazardous substances was also important. Pursuant to Paragraph 3 of this Article, local self-government bodies had a competence of carrying out control over small-scale sources of ambient air pollution with harmful substances, according to Paragraph 4 of the same Article they had an authority to limit or prohibit locating, installation or operation of certain types of small-scale sources of ambient air pollution with hazardous substances within their territories. While in compliance with Article 45 of the law, local self- government’s executive bodies were competent to develop and submit to self-government’s representative bodies for approval coordination plans for activities to be implemented in the ambient air protection area, as well as plans for elimination of consequences of catastrophes, natural disasters and epidemics triggered by adverse anthropogenic impacts on ambient air. With the adoption of Local Self-Government Code all the above norms were removed from the law of Georgia of February 5, 2014 on the Ambient Air Protection.
Table 3. Division of Roles and Responsibilities: Private Sector as well as National and Municipal Governments
Scope of Functions National Municipality Private sector
I. Education 1. Pre-school education x x 2. Secondary x x 3. Vocational, technical vocational schools x x 4. Universities x x II. Health Care Emergency medical services x x122 Disease prevention (Preventive treatment) x Hospitals x x Public health care x x Medical insurance x x III. Social Security Children and adolescents social security x x Assistance for unemployed and socially x x unprotected Homeless shelters x Individual services for invalids and elderly x x people Special services (for homeless, socially x x unprotected families, IDPs, etc.) Public housing stock x
122 Only in the Tbilisi Municipality
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 86
Scope of Functions National Municipality Private sector
IV. Culture, Recreation, Sports Theatres x x x Museums x x x Libraries x x x Public Parks x x Sports, recreation x x x Culture centers x V. Utility Services Water supply x x Drainage systems and sewerage x Power supply x Gas supply x Central heating x Phone and internet networks x VI. Public Sanitation and Environmental
Protection Waste collection and removal x Landfills x123 Streets cleanup x Cemeteries x Environmental protection x x124 VII. Roads and Public Transport Motorways x x Railway x Municipal public transport x x Inter-city transportation x x Ports, airports, sea and air transport x x VIII. Spatial Planning and Economic
Development Planning Spatial planning x x Local economic development x Tourism planning x x IX. General Administration Administrative functions (licenses and x x125 permits issuance, etc.)
123 Except for the Tbilisi Municipality. 124 Is entitled to implement those environmental activities not included in the competences of central government on own initiative. 125 To issue construction and outdoor advertising permit, while in self-governing cities also a permit for regular passenger transportation
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 87
Scope of Functions National Municipality Private sector
Tax and income collection x x126 Fire brigades x Law enforcement x
126 Local incomes
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6. ON-THE GROUND SITUATION IN THE MUNICIPALITIES
6.1 Overview
After the adoption of the Local Self-Government Code in 2014, Georgia comprises 72 municipalities, of which 12 are self-governing cities including the city of Tbilisi and 60 self- governing communities.
Table 4: Georgian Self-Governing Units According to Type:
Self-Governing Unit Type Number City of Tbilisi 1 Other self-governing cities 11 Self-governing communities 60
In terms of competences and functions, no difference exists between self-governing cities and self- government municipalities. Rather, the only difference is the name of the executive body: the executive body in a self-governing city is a mayor, while in a self-government community it is a gamgebeli. Many differences exist regarding Tbilisi as it is empowered with additional responsibilities, including provision of emergency medical services, wastewater treatment and disposal, solid waste management and waste disposal. The institutional arrangement of the local self-government bodies of Tbilisi is also distinct. Unlike other municipalities, in Tbilisi there is collective executive authority, comprise of Mayor of Tbilisi, Vice-Mayor, heads of city services and Tbilisi districts’ municipal councils.
6.1.1 Financial Resources Available to Municipalities:
A municipal budget is comprised of the following: • Local taxes, including property taxes; • Local fees including construction permit fees, gambling business fees, clean up fees, cultural heritage rehabilitation area infrastructure fees, fees for issuing a special zone agreement; • Transfers. This is an equalization transfer is allocated to municipalities in accordance with a formula prescribed by law to address fiscal disparities among the municipalities that takes into account their economic status and potential. In addition, there is a targeted transfer, who is allocated to the municipalities to exercise delegated competences and special transfer. In 2014, in compliance with the Self-Government Code, a new capital transfer was included as well and is designed for implementation of major infrastructure projects.
Municipal budget incomes are divided into two types: a) local taxes, fees, equalization transfers, and incomes generated through realization of local self-government assets; and b) special, targeted and capital transfers.
An equalization transfer for each municipality is calculated according to a special formula laid down in the Budgetary Code of Georgia. It is worth mentioning that vulnerability to climate changes and environmental factors are not taken into account when computing an equalization transfer. The budgetary system of Georgia does not provide that local self-government units allocate funds for climate change mitigation or natural disasters prevention. For such activities, a targeted transfer may be allocated for the relevant municipalities, though given the nature of targeted transfers they
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 89 are mostly used for elimination of disaster consequences rather than undertaking preventive measures.
Article 791 of the Budgetary Code of Georgia states that in the event of natural disasters, natural and techno genic catastrophes a municipal government may apply to the national Georgia, the Autonomous Republic of Adjara or to other municipalities, in other special cases, with a request for special transfer. An application for special transfer should indicate the basis for request of such transfer and its amount.
A municipality is also entitled to take out a loan or grant only upon approval of the GoG. The total amount of loan taken out by a municipality should not exceed 10% of average annual amount of own municipal incomes over the previous three budgetary years.
Since 2011 Georgia has been utilizing a program budgeting rule with the expenditure part of public budgets are categorized according to programs and sub-programs. The public institutions’ administration and staff expenditures are referred to general “Management and Regulation” program expenditures, while administration expenditures of individual programs/subprograms are referred to “Project Administration and Management”.
In functional terms, the programs are divided into the following types: § Service-oriented programs; § Subsidies-oriented programs; § Infrastructure-oriented programs. Local budget programs may be ongoing or permanent, one-year or short-term and multi-year.
Most of the programs should be multi-year, while one-year programs, as a rule, should be developed into a sub-program, the latter being broken down into specific components. Components include projects and please see Table 5 Program Profile of Local Budgets for further details.
Local budget programs should be based on a municipal document itemizing priorities, which is a short-term, or 5 year, indicative planning document and is approved by the municipal councils. Local budgets are drawn up for a period of three years.
Municipal budget allocations are organized according to program and functional codes, and each municipality, except for Tbilisi, implements 5 programs. In addition, sub-programs and sub- program components are almost identical across all municipal budgets.
The allocations that relate to environmental and climate issues are laid down in local budgets under the emergency management and communal infrastructure rehabilitation subprogram components. For more details, please see Table 5 below that includes communal infrastructure components and shows that the remaining programs are specified to a subprogram level only.
Table 5. Program Profile of Local Budgets
Program Code Program Sub-Program Sub-Program Component 01.00 Defense, law 1 enforcement and security 01.01 Emergency management 01.02 Organizing military induction 02.02 Infrastructure construction, rehabilitation, operation 02.01 Local roads 02.02 Communal infrastructure
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 90
02.02.01 Street lighting 02.02.02 Waste collection and removal 02.02.03 Construction, rehabilitation and operation of river dams 02.02.04 Construction, rehabilitation and operation of drainage channels 02.02.05 Cleanup activities 02.02.06 Arrangement of drainage channels and bank protection works 02.02.07 Agriculture support Program 03.00 Education 03.01 Pre-school education 03.02 Out-of-school activities 03.03 Vocational education 04.00 Culture, religion, youth and sports 04.01 Culture development 04.02 Sports funding 04.03 Youth activities 04.04 Support to religious organizations 05.00 Healthcare and social protection 04.01 Public healthcare 04.02 Social protection of population
In addition to program codes, the budgetary system of Georgia uses 31 functional codes for allocations, including the functional code “environmental protection” (705). A special article of municipal budget comprises a table, where budget allocations are sorted in a functional context. Therefore, all sub-programs and sub-program components linked to environmental protection and or natural disasters prevention, or elimination of consequences, is consolidated within this functional code.
The functional code for “environmental protection” is included in each municipal budget and each municipality allocates different amounts based upon local resources. For example, in the 2015 Kobuleti municipal budget 5.8 million GEL are allocated under the environmental protection code, while Khulo Municipality committed 611,000 thousand GEL, Bolnisi Municipality committed 820,000 GEL while Khobi Municipality 313,000 GEL was allocated. These examples demonstrate the budgetary system in Georgia considers service-oriented programs such as waste collection, drainage channels clean up, river dams’ construction and clean up as having an environmental function. It should be underlined that the functional code 705 does not include any funding from the “management and regulation” program. Therefore, in practice municipal budgets do not include management expenditures in the environmental protection field but rather only infrastructural expenditures.
There’s a reserve fund in municipality budgets for elimination of consequences, damages, of natural disasters, environmental and other types of catastrophes, armed hostilities, epidemics and other emergencies. It should not exceed 2% of total budget allocations according to Article 67 of the Budgetary Code of Georgia. A municipal council manages budget reserve fund and establishes the rules for usage. In the event of natural disasters, natural or other types of catastrophes, armed hostilities, epidemics and other emergencies a municipal council can adopt an emergency budget where 2% limitations for reserve fund and 5% limitations for relocation of funds between the budget Programs is not an obligation.
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A great deal needs to be improved regarding the municipal budgets’ self-sustainability and independence, given the rigid centralized financial system and the inherent municipal financial dependence on the central budget, with the exception of Tbilisi. The total expenditures incurred by self-government may not exceed 5% of local GDP, while the share of central budget transfers, including equalization transfers, in local budget incomes is more than 80% in average. This high degree of municipal dependence on the central budget degrades the level of fiscal and economic autonomy of local self-governments.
To financially empower the self-government, under the Budgetary Code of Georgia equalization transfer payments were classified as municipal incomes of local budgets and authorized self- government units to decide upon usage of these funds. However, at the same time, according to the rule for calculation of transfers approved by the Ministry of Finance, in order to calculate transfer’s amount, parameters of municipal expenditure are defined in relation to local incomes and only deficit is funded through equalization transfers. Such rule for calculation of equalization transfers is against the principles of equalization; and in reality GoG established system of funding of deficit in local budgets, and in this system local self-governments need to coordinate and agree both income and expenditure parts of local budget with the central government. Otherwise municipalities will not be able to ensure balance of its own budget, while approval of deficit-ridden local budgets is prohibited by the legislation of Georgia. Moreover, while of non-approval of local budget over a period of three months from the beginning of fiscal year a municipal council should be dismissed and direct state governance introduced.
6.1.2 Way of Forming of Municipal Board and Council’s Administrations
According to Article 156 of the Local Self-Government Code establishes the number of employees for municipal gamgeoba/mayor offices and sakrebulo administrations, with the exception of Tbilisi Municipality. According to this Article, the number of staff positions to be held by municipal civil servants is no less than 30.
In municipalities with at least 45,000 voters, the number public servants should not exceed the sum of a) minimum number of civil servants (30 staff positions), b) the number of majority constituencies established in a relevant municipality for the local elections of 2014 multiplied by 3.2 coefficient and one staff position for every 450 voters registered in a self-government unit (municipality). In municipalities with the number of voters more than 45 000, the staff number of public servants shall not exceed the sum of minimum number of civil servants (30 staff positions), the number of majority constituencies established in a relevant municipality for the local election 2014 multiplied by 2.3 coefficient and one staff position for every 500 voters registered in a self- government unit.
Salaries for municipal officials and civil servants, except for a mayor and municipal council chairperson, are determined by municipal councils upon the recommendation of mayor in compliance with service grades. However, a municipal board and council administrations’ public servants salaries should not exceed 25% of municipality budget expenditures.
The only legal limitation to a municipal board’s structure is that the number of administration positions, i.e. a mayor, its first deputy and deputies and heads of services, should not exceed 13. This limitation does not apply to the Tbilisi Municipality. Within this limited number mayor in coordination with municipal council determines a number of deputies and number of services within municipal board structure.
Please see Graph 1 below for additional details regarding the structure of a typical municipality. An environmental service does not exist in any of the five pilot municipalities covered by this study, though each municipality has environmental related expenditures. Please note that subordinate legal entities of public law are not included in the graph below. Worth to be mentioned, that against environmental services in some municipalities agricultural services exist.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 92
Graph 1. Example of Municipal Board Structure: Mestia Municipality
Mayor
First Deputy Mayor Deputy Mayor Head of Structural Units of Municipal Board
Administrative Service
Financial Service
Service of Education, Culture and Monument Prodection, Sport and Youth Affairs
Service of Economic and Tourism Development
Service of Infrastructure, Architecture and Urban Development
Supervision Service
Procurement Service
Healtcare Service
Internal Audit Service
Military Service
Firefighting Service
6.1.3 Local Environmental Protection and Climate Change Policy Initiatives
Despite their limited authorities as well as restricted financial, technical and human resources, certain environmental protection initiatives and climate change activities are being implemented in the municipalities.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 93
For example, in 2009 Tbilisi joined the European initiative “Covenant of Mayors”127 and developed a “Sustainable Energy Plan” (SEAP). Since 2009, 13 municipalities have officially joined this initiative, of which six developed SEAP plans. At present, the development of documents, except for the City of Rustavi, as well as implementation of activities, detailed in these documents, are carried out mostly with donor’s assistance. However, this process has also built the technical skills, knowledge and capacities of self-government while also enhancing relations between the municipalities and relevant national ministries such as the Ministries of Energy and Environment and Natural Resources Protection on the planning and implementation of joint activities. Moreover, the SEAPs and Covenant of Mayors processes work to address certain socio-economic problems.
Moreover, the Cities of Poti and Kutaisi developed local environmental action plans (LEAP) in 2004-2009. Some of actions laid down in the plans have been implemented. These cases provide practical examples of execution of established requirements in the environmental protection field by the Article 15 of the Law on Environment Protection. In addition, several guiding documents similar to the National Environmental Action Plan have been elaborated at local level. It is worth mentioning that due to obscure wording128 of the relevant part of Article 15th of the abovementioned Law on local environmental planning, i.e. development of LEAPs at the local level, the abovementioned practice has not been continued.
Furthermore, it is worth mentioning that in Georgia there’s a protected area under the management of local self-government – Tusheti Protected Landscape in particular and currently the development of its management plan is underway.
Therefore, it can be concluded that despite deficient legal framework or other technical and financial barriers the development/execution of documents related to environmental management and climate change policy is still carried out in the municipalities of Georgia – that is positively reflected both on qualifications and expertise of local staff as well as capabilities of some municipalities to address problems existing in this field.
127 http://www.eumayors.eu 128 The Law of Environmental Protection was not harmonized with the Self-Governance Code.
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6.2 Pilot municipalities selected for the study - Brief Overview:
This analysis studied the municipalities of Akhmeta, Dedoplistskaro, Kobuleti, Poti, and Mestia and reviewed their technical skills, capacities and overall resources to deal with environmental protection and climate change related issues.
6.2.1 Akhmeta Municipality:
Location of Akhmeta Municipality
The Akhmeta Municipality is located in a high-mountainous area of East Georgia, and as such is highly vulnerable to the potential impacts of climate changes.
The Akhmeta Municipality has area of 220,700 hectares (ha) of which agricultural plots extend over 80,266 ha, while 91,200 ha of the municipality is covered with forests. It shares a western border with the Dusheti and Tianeti Municipalities, on the north it is bordered by Chechnya and Daghestan of the Russian Federation, on the east by the Telavi Municipality and to the south by the Sagarejo Municipality.
Overall, the municipality is located at a low altitude with a moderately humid climate and experiences hot summers and moderately cold winters. Annual precipitation rate ranges from 770mm to 820 mm. At slighter higher elevations of 700-1200m from the sea level, a moderately humid climate predominates with an annual mean precipitation rate of 1200-2000 mm. The mean temperature for January, the coldest month of the year, is -3°C and for the hottest day of the year in July, the temperature is 22°C. At an elevation of 1200-2000m, Akhmeta has a humid climate, with cold winters and cool summers while the annual mean precipitation rate reaches about 1500- 1700 mm.
The hydrological network within the municipality is rather dense as it has multiple rapid rivers including the Pirikita Alazani and Tusheti Alazani basins.
As of 2012, the municipality’s population was estimated at 42,400 people, of which 8,500 people live in town, while 33,900 people in villages. The municipality has 62 settlements of which one is a town. The estimated population density is 19 people/km2, which is significantly less dense that the country’s average indicator of 67 people/km2. The main income sources of the population are employment in public sector entities, agriculture, woodworking enterprises and small businesses.
The planned municipal budget for 2015, including local incomes and equalization transfers is estimated at about 8,055,900 GEL129. According to municipal government employees, agriculture is the main economic activity while Akhmeta Municipality has historically always had an agrarian based economy. 6.2.2 Dedoplistskaro Municipality
129 Budget available only in Georgian: https://matsne.gov.ge/ka/document/view/2722344
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 95
Location of Dedoplistskaro Municipality
The Dedoplistskaro Municipality is located in East Georgia and faces a high risk of desertification due to climate changes. Both animal husbandry and crop cultivation are well developed.
The Dedoplistskaro Municipality is the largest administrative unit in the Khakheti region and its area is slight over 2,531 km2, which comprises 17% of Khakheti’s territory. According to local municipal government data, as of 2012 the municipality’s population was estimated to stand at 32,443 people, i.e. 8% of Khakheti’s population. There are 16 settlements in the municipality, including 1 town and 16 villages. The township’s population is 7,378 people, while 25,065 people live in villages; i.e. 80% of the municipal population lives in villages.
A large part of Dedoplistskaro Municipality lies on the Lori plateau, which is main orographic feature of the terrain. There’s Didi Shiraqi’s plain on the Lori plateau, outstretched in the interfluve of the Alazani and Lori. It surface is located at an elevation of 560-700 m. The plain is surrounded by Kochebi, Nazarlebi, Shuanamta and Arkhiloskalo-Kasha low hillocks. On the east the Didi Shiraqi plain merges into the Kasristskali plain characterized by erosive terrain.
To the southeast, the Lori plateau merges into the Eldari lowland that is the extension of the semi- deserts of Azerbaijan. In the municipality of Dedoplistskaro the Eldari lowland occupies the left coastal zone of the Lori, the maximum width of which is 6-7 km, length across the Lori - 20-22 km, and height 100-200 m. The Eldari lowland is known for its dry climate. Annual precipitation rate here is 250-300 mm. The Elder lowland is the only place in Georgia with true semi-arid landscape.
The municipal is predominated by two types of climate: a. the southern part that experiences hot summers and is overall a moderately warm steppe climate and; b. a moderately humid climate in the north, with moderately cold winters and prolonged warm summers. Annual average temperature is 10.3°C with an absolute maximum of 38°C. The municipality receives about 400- 600 mm of precipitations per annum. The Shiraqi lowland and Dedoplistskaro are the areas of comparatively abundant precipitations, where annual precipitation rate reach 540 mm and 650 mm respectively. The minimum precipitation is recorded on Eldari lowland, located at 250-300 mm, where a semi-desert landscape predominates.
In 2015, the planned budget of municipality was estimated at 6,286,600 GEL130 and the municipal government is comprised of 193 employees.
130 Budget available only in Georgian: https://matsne.gov.ge/ka/document/view/2717676
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 96
6.2.3 Kobuleti Municipality
Location of Kobuleti Municipality
The Kobuleti Municipality located in the northern part of the Lesser Caucasus is in humid subtropical zone and comprises both coastal and mountainous zones. The municipality includes coastal areas with high summer tourism potential, as well as zones located a good distance from the tourist area.
The Kobuleti Municipality is located in Georgia’s south-western region and in the northern part of the Autonomous Republic of Adjara. It is locked between the Black Sea, the river of Choloki and the Meskheti ridge. On the north it borders with the Ozurgeti Municipality, on the southwest it is bordered by Khelvachauri Municipality, on the south by Kedi, and on the southeast by Shuakhevi municipality. Its area is 72,000 ha and the length of coastal zone is 24 km.
Kobuleti has a coastal humid subtropical climate with an annual mean temperature of +13.50C, and an annual mean precipitation rate of 2,500-3,000 mm. The fall and winter months experience high levels of precipitation, while fog and mist and are common in the area.
The Kobuleti Municipality has multiple rivers such as the Choloki, Kintrishi and Chaqvistskali Rivers, each of which have multiple tributaries. It is common for the rivers to flood in the spring and fall and flash flood may occur during any season.
In 2012, the municipality’s population was at 93,000 people, of which 21,000 live in a township, and 72,000 in villages. There are 51 settlements in the municipality, including 48 villages.
The main sources for income for the local communities include oranges, bee farming, fishing and tourism. According to interviews organized within the municipality, historically economy was mostly agrarian based; currently, the municipality has an economic development plan, which prioritizes both the agriculture and tourist industries.
The 2015 planned municipal budget was estimated at 33,228,256 GEL and is generated from local incomes and taxes131. The municipal government employs 202 people. Number of employees in municipal administration is 202.
131 Budget available only in Georgian: https://matsne.gov.ge/ka/document/view/2705041
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 97
6.2.4 City of Poti
City of Poti Location
Poti is a port city highly vulnerable to the impacts of climate change.
The City of Poti is located along the Black Sea coast, in the Kolkheti lowlands, at the mouth of the Rioni River, at an elevation of 0.8-2.0 m from the sea level. Its area is 65.8 km2, the population is 47,700, and the population density is 724 persons per sq. km, which is ten times the country’s average of 67 persons per sq.km. It is a coastal humid subtropical climate zone with warm, snowless winters and hot humid summers.
The average annual air temperature is 14.4°C, the annual average temperature of the coldest month, January, is 5.7°C, and the hottest month, August, and is 23.5°C. The annual precipitation rate reaches some 1,809 mm, while the average number of rainy days in a year is 173. The area rarely receives snow fall and sea breezes are typical within the coastal zone, which helps to lessen the intensity of the heat.
The City of Poti is located in the Rioni River delta, significant areas of which are peat bogs, while its coastal zone is covered with sandy dunes. On the north and south Poti is adjacent to the Kolkheti National Park, where wetland habitats typical for the Kolkheti lowlands are preserved. The total area of the National Park is 44600 ha. To the south of the city, Paliastomi Lake, of total area of 18 km2, is situated.
Poti Port is a significant transport hub for the country, and most of the business activities of are related to customs clearance and shipping. Most of the population is employed by the port or related companies that provide significant sources of income to the local budget.
In order to support Poti Port and further industrial development, a free industrial zone was established within the vicinity of the port. Other industrial activities include fishing, although the scale reduced considerably since the 1990s, and commercial trade.
The 2015 planned budget was estimated at 19,396,800 GEL132.
132 Budget available only in Georgian: https://matsne.gov.ge/ka/document/view/2728323
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6.2.5 Mestia Municipality
Location of Mestia Municipality
The Mestia Municipality is a high-mountainous area with an increasingly diverse tourist potential and faces potentially high risks and impacts due to climate change.
The Mestia Municipality is located in the Samegrelo-Zemo Svaneti Region of western Georgia, with an area of 304,450 ha, of which 94,000 ha, or 31% of the entire area, is agricultural land. At present, forests occupy 46% of the territory. On the east, Mestia borders the Lentekhi Municipality, on the north it is bordered by the higher Caucasus ridge and the Russian Federation (Kabardino- Balkaria), on the south by the municipalities of Tsalenjikha and Chkhorotsku and by the Autonomous Republic of Abkhazia on the west.
The mountain ranges in the municipality range in height from 800 m to 3600 m and it is the most high-mountainous region of Georgia. Two types of soil are found in this municipality: forest and mountainous meadow soils. Forest soils are primarily represented by grey forest soils used in crop farming activities, such field crop cultivation and potato growing. In addition, two varieties of mountainous meadow soils predominate, subalpine and alpine soils occupied under pastures.
The Enrugi is the principal river in the municipality, with a length of 213 km and its tributaries are Adishischala, Mulkhra, Dolra, Nenskra, Ipari and Khaishura. There are about 200 glaciers in the Mestia Municipality covering an area of 285 sq.km.
In 2012, the municipal population was 131,90 people, but 15,677 including internally displaced persons, of which 2,780 live in townships while the rest live the villages. There’s one borough, 14 communities and 142 settlements. The estimated population density is about 5 persons per km2, which is 13 times less as the country indicator of 67 persons per km2.
The main employment sectors are agriculture, public jobs, tourism and forestry. The municipal budget is about 3 million GEL. In 2015, the planned budget is estimated to be 11,777,600 GEL133 and the municipal government employs are 157.
In the past, incomes were primarily generated from agricultural activities, tourism and wood working industry. These sectors have been partially transformed. The municipal government believes that the priority sectors will ensure its development and income growth should be primarily agriculture, food industry and tourism. The members of the working group noted that since the forestry sector is well developed in the Mestia Municipality, it could boost the development of other economic sectors such as tourism, consumer industry, food industry as well as the hunting and nursery industries. However, as present none of the above opportunities are included in any document regarding the municipality’s strategic development.
133 Budget available only in Georgian: https://matsne.gov.ge/ka/document/view/2829832
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 99
6.3 Overview of Capacities of the Pilot Municipalities Related to the Environment Protection and Combating with Climate Change
6.3.1 Division of Role and Responsibilities
This Analysis reviewed the division of roles and responsibilities in the studied pilot municipalities. In terms of division of responsibilities and distribution of authorities, the self-governing city of Poti is in a relatively better position out of five surveyed municipalities. The following issues detailed in Table 6 were found in the other four municipalities, including both city and village settlements.
Table 6. Pilot Municipalities: Division of Roles and Responsibilities
Source: The information in the table below is based on the interviews carried out in five pilot municipalities and are accompanied by expert conclusions.
Sector Existing Problems Comments Management of Ownership of forests located within Forests are managed and Forest Resources borders of municipalities is an acute owned by the national issue. Preconditioned by legal government. They have not framework and it functions, local self- been transferred to the self- government can’t ensure local government. Therefore, population with right to utilise forest municipal authorities lack any resources. Due to such distribution of ability to be engaged in forest authorities, there are also other management. crucial problems related to forest management and forest resources use. Pasture Pastures that de-facto are located on Pastures are on balance of the Management the territory of municipalities and are Ministry of Economy and used by local communities, de-jure Sustainable Development and are on the balance sheet of the have not been transferred to the Ministry of Economy. As such, there self-government. Therefore, is a constant threat alienating local self-government lacks any ability communities and their needs in to be engaged in pasture pasture usage and management. management. Management of The state does not protect the lands It is to be noted that the Land Resources under the private ownership of local functions under the MoA include population from adverse effects of the following: promotion of climate change, inclusive of modern agro technical methods preservation/regeneration of of crops cultivation/care and windbreaks, bank protection and facilitation of their introduction; landslide control. and promotion of modern methods and technologies of It should be noted that implementing animal breeding/care and agro-technical activities are not a facilitation of their introduction. supported sufficiently of either the Nevertheless, none of the pilot national or self-government. municipalities indicated Thereby, farmers themselves are receiving sufficient support from responsible for productivity of the MoA for any of the agricultural land. abovementioned activities.
On the other hand, the above issues, i.e. regeneration and supervision of windbreaks, bank protection measures, stabilization of landslide prone plots or similar measures are either municipal or/and central
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 0 Sector Existing Problems Comments government responsibility. Management of It is noteworthy that the majority of Despite the fact that certain Water Resources employees of the pilot municipalities financial resources are allocated do not fully understand their in municipal budgets for water responsibilities in the water supply and certain projects are resources management field, i.e. that implemented in that direction, a the United Water Supply Company general perception of the issue provides services to only settlements is that the responsibility for with major water supply and sewage water supply and the systems, which are located mostly in rehabilitation of relevant municipal administrative centres or infrastructure rests with the self-governing cities United Water Supply Company. Use of Other The mining industry is developed in Natural Resources only one of the five pilot municipalities. In this case, extraction is carried out based on the license issued on national level and the municipal government has no control mechanism over this economic activity. Natural Disasters Overall, there are inefficient Currently, no legislation exists mechanisms for prevention and regarding prevention of response to natural disasters. catastrophes and natural disasters. The Laws on Prevention of natural disasters and Environmental Protection and risks assessment falls under the on Public Safety primarily focus authorities of the MoENRP and the on implementation of elimination NEA. operations rather than prevention. However, envisage prevention activities to a certain extent.
For example, the Law on Public Safety mentions a municipal safety data sheet (passport) that represents a preliminary drafted document detailing the emergency risks impacting a municipality, anticipated effects, assessment of prevention activities carried out by the municipal governing body as well as the development and implementation of risk reduction and mitigation measures. Management of Certain infrastructure development Pursuant to the Waste Solid Waste works are undergoing. The Solid Management Code, the Waste Management Company management of municipal waste carries out the arrangement of falls within the competence of landfills, the construction of new municipalities. Consequently, an ones considering modern standards. amendment has been Collecting waste is a priority issue for introduced into the Local Self- each municipality, though their Government Code stating that resources are somewhat limited. municipal waste management is a direct responsibility of the municipalities. Municipalities are responsible
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 1 Sector Existing Problems Comments for elaboration of Waste Management Plans as well. However, yet, the MRDI, in most of cases, continues to implement, management and closure of municipal landfills. Budget Creation The local personnel have adequate With a view of increasing budget expertise and skills to develop a revenues, the Local Self- budget tailored to the relevant needs. Government Code envisaged The amount of financing to the preparation of a draft law on municipalities has also increased as introducing changes to the compared to previous years. Budget Code of Georgia until 1st September of 2014 that would change current percentage indicators between the central and local budgets, and inter alia would provide for retaining part of income fees in a municipal budget. Thus far, this policy has not been implemented.
A review of the decrees from the pilot municipalities’ municipal councils demonstrates that the municipalities do not exercise their roles, even within mandated authority. However, for municipalities some issues directly or indirectly related with environmental protection are still a priority: waste collection (e.g. Akhmeta Municipality), land use (e.g. Poti and Kobuleti), etc. It should be also noted that certain environmental projects are incorporated in budgets of each municipality and therefore in a list of its priorities.
6.3.2 Organizational Part
Regarding their organizational structure, each municipality has a variety of problems as detailed in Table 7.
Table 7. Organizational Structure Problems, Pilot Municipalities
Source: Table is developed based on the interviews carried out in five pilot municipalities and are accompanied by expert conclusions
Sector Existing Problems Management of Forest resources are managed by the Forestry Agency with licenses Forest Resources issued by the national government. As such, self-governments are not involved in distributing local forest resources.
Currently, the Forestry Agency has services at the regional level in Kakheti, Shida Kartli, Kvemo Kartli, Guria, Racha-Lechkhumi – Zemo Svaneti, Imereti, Samtskhe-Javakheti and Mtskheta Mtianeti. However, prompt solution of issues important for local communities is not attainable in any of five municipalities, thus creating problems to both the local community as well as to municipalities and the Forestry Agency. Pasture The pastures that de-facto are located within borders of municipalities Management and are used by local communities are de-jure under the authority of the Ministry of Economy and Sustainable Development.
There are no regulations or responsible organizational unit, not on central or municipal levels, for management of pasturelands. Therefore,
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 2 Sector Existing Problems neither the local communities nor self-government have any interest in their restoration and care. Furthermore, municipal extension services of MoA, also have no legally defined responsibilities or rights to be involved in pasture management.
Exception is Akhmeta Municipality where pasture-leasing practices are becoming common. The development of farming activities largely contributes to development of these practices in Akhmeta. Management of The protection or adaptation of lands to the adverse effects of climate Land Resources changes should be achieved through concerted efforts of state institutions, municipalities, private sector and communities.
Several issues need to be stressed: a) Local farmers do not have sufficient information about the adverse impacts of climate change and most of them have limited technical and financial resources; b) Neither the MoA nor its regionally based extension services have sufficient expertise and resources to tackle these issues; c) Other structures responsible for natural disasters risks management focus mostly on elimination of their consequences; d) Agricultural insurance against adverse climate impacts, along with other factors, is regarded as the best protection mechanism of farm businesses against financial losses. However, this type of insurance is in embryonic stages in Georgia. Management of The United Water Supply Company manages water supply system and Water Resources it has regionally based offices. Therefore, when self-government is given the authorities to manage water supply and water drain, this creates certain ambiguousness of the mandates of the United Water Supply Company and self-governance. Use of Other At the municipal level, mineral extraction or use of any other natural Natural Resources resources is made by private companies under licences issued by the national government authorities; with self-government have no authority in these areas. The MoENRP’s Supervisory Service, which has regionally based offices, is the only service responsible for certain rights related with supervision of activities of private companies. Natural Hazards Both the MoENRP’s Supervisory Service and the Forestry Agency have offices at the regional level. In addition, at each municipality offices of Emergency Management Agency under the Ministry of Internal Affairs with a major tasks of fire-fighting, elimination of e consequences of natural disasters, but not on its prevention. Consequences elimination is funded from a self-government’s reserve fund. In case the accumulated financial resources are insufficient, the central government allocates additional resources. Solid Waste At the municipal level, solid waste management is carried out by Ltd. Management Solid Waste Management Company of Georgia.
Nevertheless, there are a number of problems related to the division of roles, meagre budget, accountability, information dissemination and control. The collection of solid waste is carried out by private companies that won either municipal or state tenders. Infrastructure & Support and financing of infrastructure development is primarily the Tourism responsibility of MRDI, while infrastructure maintenance activities primarily fall within the competence of private companies and the MRDi.
The development of tourism infrastructure is primarily a concern of the private sector, though basic infrastructure development activities are carried out by MRDI, while design and preparation of priority projects is
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 3 Sector Existing Problems the responsibility of the Department for Tourism Development.
However some municipalities, for example Mestia, have a special tourism oriented service. In addition, each of the pilot municipalities prioritized tourism and infrastructural development in their budgets. Budget The municipal budget is planned annually and approved by the municipal council. Unfortunately, environmental and climate change issues are not adequately reflected due to scarce budget resources, insufficient legal framework as well as the improper understanding of these issues.
It should be noted that several of the above highlighted issues, including improving the socio- economic conditions of the local population, can be resolved without the assistance of special legally established services available at municipal level and/or within the scope of existing organizational arrangement and competences. For example, the Tusheti Protected Area belongs to and is managed by the Akhmeta Municipality.
6.3.3 Budget Structure and Available Financial Resources
The availability of financial resources is severe problem in all five pilot municipalities; please see Table 8 below for a detailed list of financial concerns.
Table 8. Problems related to Budget Planning and Lack Financial Resources, Pilot Municipalities
Source: Table was developed based on the interviews carried out in five pilot municipalities and is accompanied by expert conclusions
Sector Existing problems Forest Resources As forests are neither owned nor managed by the municipalities, Management municipalities do not include expenditures for forest resource management in their budgets. Pasture Management As pastures are not managed by the municipalities, funds are not allocated in relevant budgets. Land Resources Municipal budgets do not include funds for the care and Management sustainable management of land resources. Water Resources Funding of water resources management in its classical Management understanding is not envisaged in the five pilot municipalities’ budgets. Though each municipality allocates funds for sewerage and drainage systems arrangement/clean up and water supply. Though much of activities are funded through the central budget Program. Mineral and Other No expenditures are included municipal budgets for management Natural Resources of these issues. Also, local incomes from this source are limited. Management Natural Disasters and Each municipal budget has reserve funds, which supports Hazards rehabilitation efforts from natural disasters. When needed, the national government provides additional funds. Solid Waste Expenditures for waste management expenditures are included in Management each municipality’s budget. The planned expenditures are insufficient for implementation of with the goals laid down in the Waste Management Code. Infrastructure Almost each municipal budget allocates funds for infrastructure projects, though resources are insufficient.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 4 All five surveyed municipalities included a functional code for “environmental protection” in their budgets, although these funds mainly applied to waste and wastewater management.
In the 2015 planned budgets, funds for “environmental protection” (functional code 705) appear in the following municipalities: § Self-governing city of Poti: environmental protection expenditures account for about 1% of its planned budget, though the amount is defined by 2 mln. GEL. A reserve fund exists and is small, about 150,000 GEL, while the management of emergencies account for about 3%.
§ Akhmeta Municipality: environmental protection expenditures account for about 3% of the budget. Apart from this, funds are included for the management of the protected landscape – above 1%; some funds are allocated for agriculture development, forests/parks maintenance and water supply. The reserve fund is about 90,000 GEL.
§ Kobuleti Municipality: the 2015 is comprised of local allocations only and 20% of its planned budget is allocated for environmental protection. Additional funds are allocated for water supply and landscaping among others. The reserve fund is limited to 80,000 GEL.
§ Mestia Municipality: environmental protection accounts for above 5% of the local budget. Moreover, about 2% of the budget is allocated for the arrangement of bank protection and irrigation channels while 7% is allocated for agriculture development. The reserve fund is about 79,900 GEL.
§ Dedoplistskaro Municipality: environmental protection account up to 9.6 % of its planned budget. Apart from this, 8% is envisaged for emergency management while the reserve fund is estimated at 50,000 GEL. Certain funds are also allocated for water supply.
Other environmental protection related issues are included in other expenditure lines. Though, the wording existing in the budgets gives hope that in case of increase of budgets and functions the municipalities will allocate more funds in that direction. Moreover, to raise additional funds, due to lack of own resources, municipalities will need to formulate specific projects to address prevailing problems.
It should be noted that the municipalities do not ignore environmental protection issues, but are hampered due to their limited authorities and lack of resources. Two current examples are the Kobuleti Municipality, which allocates 20% of its budget for environmental expenditures, and the Akhmeta Municipality that allocates funding for the management of Tusheti Protected Landscape.
6.3.4 Human Resources
Some relevant subject specialists in the surveyed field are available in the municipalities; however, their number is limited as the interviews clearly showed. This suggestion is further supported by interviews with specific sector experts.
In general, interview respondents had difficulty focusing on issues defined by the question, indicating thereby the absence of concrete information, specific objectives as well as lack of clear goals. The interviews found that, overall, self-government lack the skills and ability to translate a concept into a concrete proposal and practical activity.
In addition, often the municipalities were not able to identify needs, define core problems, highlight key objectives, list goals to be achieved, assess anticipated outcomes and or analyze potential prospects. .
Given that both environmental protection and climate change in most cases are not municipal responsibilities, there are very few locally based specialists. Therefore, it is essential that available
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 5 specialists should be retrained, while in cases when certain subject specialists are not available in the municipalities they should be trained. It is worth mentioning that often neither regional nor municipal representations of central agencies do meet the requirements. This is again due to same reasons, scarce financial resources; local territorial bodies of central agencies manage to provide retraining for staff. In fact staff training/retraining is unsystematic and is provided only with the assistance of international donors. It is noteworthy that in such a complex fields like natural disasters prevention, water resources management, sustainable management of land resources, etc. it is impossible to create a pool of properly qualified specialists on the basis of one-time training.
A success story in the field of municipal staff trainings is staff training in under the Covenant of Mayors initiative: In the municipalities that are signatories to the Covenant of Mayors, staff members were trained in climate change mitigation, with some municipalities hiring staff to work on these issues. Worth to be mentioned, that donors were investing in retraining of these staff of municipalities, since 2009, therefore it was more than 6 years of trainings.
Table 9 provides an overview of human resources available in five study municipalities according to different fields.
Table 9. Human resources in the Pilot Municipalities
Source: The table is developed based on the interviews carried out in five pilot municipalities and are accompanied by expert conclusions
Sector Existing Problems Forest Resources Management In municipalities with forest resources, such as Akhmeta and Mestia, relevant specialists are available. However, these specialists are older and there are only few younger well-trained specialists to replace them. Pasture Management In the Akhmeta, Mestia and Dedoplitskaro municipalities, relevant specialists are available, but they need to be retrained. Land Resources Management Technical specialists in the certain agro technical activities are available, but they need to be retrained. Water Resources Management There are only few specialists in this field. In some municipalities, interview respondents did not understand the role and function of water resource management specialists.
Mineral and other Natural These technical specialists are not available in the Resources Management relevant municipalities. Natural Disasters and Hazards Despite the urgency of the issue, a relevant service is not available in the municipalities. Overall, there are few natural hazards specialists, while the problem is becoming increasingly pressing. However, engineering- technical personnel are available in the municipalities, who also need to be retrained in most cases. When needed a commission is set up to ascertain damages. Solid Waste Management There are very few waste management specialists, who should be retrained. Infrastructure & Tourism Situation is better in terms of infrustractural projects implementation, i.e. enginiers and other tehnical specialists. The number of tourism specialists is increasing as well. However, they should be provided with further on-going trainings in relevant fields. Budget Due to the scarcity of municipal financial resources, funds are only allocated only for those issues directly
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 6 Sector Existing Problems associated with the municipalities’ competences. Therefore, funds to retrain specialists are normally not included by municipality budget.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 7 7. CONCLUSIONS AND RECOMMENDATIONS
The study found that the municipalities evaluated do not exercise much control over the natural resources located within their municipalities and are essentially not involved in decision-making processes regarding protection and use of these resources. In this context, it is noteworthy that often representatives of the municipalities are not fully informed about the existing situation within the municipalities related to management of environment and climate change adaptation and mitigation.
In addition, researchers were not able to find quantitative indicators of the qualitative status of the environmental and natural resources located within the municipalities. Rather, the available information is lacking while municipal representatives demonstrated superficial knowledge and awareness of issues. Finally, representatives of the local self-governance units find it difficult to make competent decisions and develop initiatives due to the lack of comprehensive information on the existing situation.
Based on the research findings, the researchers developed the following recommendations. They cover issues related to legislation, institutional make-up and finance.
7.1 Proposed Improvements: Current Legal Framework:
The development the Georgian legal framework for environmental protection, climate change adaptation and mitigation issues can be divided into three stages: § 1994-2004. Georgia ratified several critical international agreements and began formulating a legal framework; § 2004-2012: The process of deregulation of environmental protection and natural resources started. Control and supervisory mechanisms were either removed from the legislation or weakened; § 2013: The Ministry of Environment and Natural Resource Protection (MoENRP) was strengthened and several critical environmental laws were put back into place.
However, no considerable steps have been made to improve the capabilities and or enlarge the role of self-government in the area of environmental protection, and in particular in climate change adaptation and mitigation. The Local Self-Government Code, adopted in 2014, brought little changes to the local self-governments’ statutory functions. Please reference Table 5 below for further details.
Based upon research findings, ICCAMGR recommends that national government delegate more financial resources and decision-making authorities to the self-government in the area of environmental management. The study results show that in compliance with Georgian legislation, the competencies of local self-governments in natural resources management, such as land, forest, water and minerals, are severely restricted and significant changes in that direction are required. The Georgian national government should view environmental protection, inclusive of climate change, as a concern impacting local communities as well as the national government. While action needs to be taken at the national and international levels, they must be aligned with relevant local policies and activities.
Furthermore, ICCAMGR recommends that the roles and responsibilities be clearly delineated between state and self-government regarding natural resource management. ICCAMGR recommends that the management of municipal natural resources be decentralized and national government bodies be limited to strategic natural resources management issues, with operational management issues transferred to municipal representatives. It is obvious that a strategic differentiation between natural resources should be made, i.e. between natural resources of national versus local importance.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 8
A good example of such differentiation is the law on water. This law details the difference between bodies of water holding national versus local importance and provides itemized lists of all water resources, per strategic importance. A similar approach can be applied to forests and minerals resources. However, to ensure the sustainable use of natural resources, ICCAMGR recommends that the Georgian national legislation should include the category of importance, while taking into account relevant mechanisms of rational and sustainable use. These mechanisms can be considered in delegated competences to self-government in the areas of permitting and licensing. To ensure the sustainable management of natural resources by the self-government, ICCAMGR reviewed seven critical environmental management laws and proposed constructive amendments. These legal reviews are further detailed below.
7.1.1 Forest Code of Georgia
Following a review of the Georgian national legislation overseeing management of forests, ICCAMGR proposes amending the legislation to allow for sustainable management of forests and creation of a “community” based forest management system. For instance, the roles and responsibilities of the national and self-government regarding management of forests should be legally defined and codified. In addition, all forest and related natural resources should be categorized based upon its strategic value within the country. The forests of strategic and national importance would fall under the management of the national government while the rest of forests would fall within the authority of the relevant self-government.
If this amendment were to be put into effect, the National Forest Agency could process the required documents to transfer forests to relevant self-government and further assist these municipalities in registering these forests. In addition, the national government would create the relevant regulations concerning licensing, permitting as well as management and usage of forests by the municipal authorities. In this case, the national government would ensure compliance with these regulations.
Regarding forestry, ICCAMGR recommends the following amendments be made to the Georgian legislation and following categories of local forests created: § Forests used for restoration purposes should be used solely for recreational activities. The self-government unit should ensure the forests’ regeneration; § Forests used for timber: In this category, the self-governance unit will issue licenses and permits for the forests’ use in accordance with applicable legislation; § Forests used by local communities mainly for firewood: Control over these forests will be exercised by the relevant municipal government in compliance with established standards.
However, prior to transferring management rights of local forests to the municipalities, ICCAMGR recommends that the national government develop a forestry management plan and carry out a feasibility study for each municipality. In doing so, the national government will avoid placing additional financial, material and administrative burdens on the self-government while working to prevent environmental risk to these forests such as excessive logging.
7.1.2 Law of Georgia on Water
This law establishes the water fund of local importance. It is recommended that the local water fund be declared an ownership of a self-government unit so that the latter has a right to issue permits and licenses for the use of local water fund. With respect to water fund of local importance, the central government bodies shall establish standards for its management and use, regulations for licensing and permitting and exercise overall control over compliance with these standards and regulations.
Today a draft law on management of water resources is under development, it provides for introduction of integrated management principles for river basins. In case of its enactment, the law
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 10 9 will enable municipalities to be engaged in the management of water resources available within their territories.
7.1.3 Law of Georgia on the Ownership of Agricultural Land
The national legislation regarding ownership of agricultural land should be amended and further delineate what lands should remain under either national or local governance. The state should establish common standards and regulations for the usage and management of pasture land to which the self-government will be obligated to comply. The national government further should elaborate the technical terms by which parties may lease nationally owned pasture land.
7.1.4 Law of Georgia on Mineral Resources
The law establishes a unified state fund of mineral resources, comprising all types of minerals. The law does not define a role of local self-governments in the field of mineral resources use. The national government legally empowers the self-government with the rights to manage mineral resources of local importance, including licensing abilities to use of those mineral resources.
7.1.5 Law of Georgia on the Environment Protection
Article 12 of the law on the Environment Protection established the criteria for division of roles and responsibilities between the state, autonomous republics and self-government in the field of environment. It would be advisable to make such amendments to the law that would establish specific competences of self-government units in the environmental field.
7.1.6 Law of Georgia on the Protection of Ambient Air
In 2014, the national government changed the Law on Protection of Ambient air and removed the all previous authority and power held by the self-government. ICCAMGR recommends that the law be amended to restore the role of the municipal government. In addition, it’s advisable that the Code of Administrative Offences of Georgia be amended to allow self-government the ability to document air pollution offences.
7.1.7 Law of Georgia on the Protected Areas System
In order to increase management efficiency, legislation related to management of protected areas should be further elaborated to cover internationally recognized protected areas categories and their management principles. The current legislation does not sufficiently covering management of protected areas’ categories V and VI, as well as of categories included in the international network of protected areas, such as biosphere reserves and world heritage sites, is inadequate.
Though the Law on Protected Areas System generally defines certain powers of the Agency of Protected Areas in protected areas support zones (buffer zones) – to prevent or/and mitigate direct and indirect adverse impacts of economic activities in those areas, management responsibility of these zones further defined by additional legal acts.
Finally, the law does not define specific mechanisms and procedures for cooperation with local authorities and the overall community and it does not regulate compensation and incentive mechanisms for the local population. For example, within the framework of the existing legislation, a protected landscape of Tusheti has been managed by Akhmeta self-government. It’s advisable that the management issues of protected areas be further detailed in national legislation.
7.2 Organizational Improvements and Capacity Building
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 11 0 7.2.1 Long-Term Vision
In the event that the functions, roles and responsibilities of the self-government are expanded, ICCAMGR recommends that the self-government be given the administrative resources to create supplemental municipal level agencies. For example, self-government would need additional offices and staff members to manage relevant forests, water and natural resources. In addition, if the critical areas of natural resource management were decentralized, relevant municipal governmental staff members would need to be trained in technical skills and administrative management.
During the initial stages of creating these supplementary municipal administrative agencies, ICCAMGR recommends that these agencies closely cooperate with the national authorities. This will ensure that all the municipal agencies are following the same methodology. In addition, this will also ensure that the national government will provide the relevant municipal authorities with technical assistance and capacity building activities. Currently, the MoENRP does not utilize opportunity of close and institutionalized cooperation with the municipal authorities on environmental matters and ICCAMGR proposes that MoENRP review this option.
7.2.2 Organizational Support to Climate Change Activities
At present, one of the critical gaps facing national and municipal policy and decision-makers is the lack of reliable data. Therefore, ICCAMGR recommends that both the national and self- government create municipal offices responsible for collecting and organizing data on environmental related issues. These offices would facilitate decision-making processes and also be in a unique position to identify and analyze the “on-the-ground” realities faced by municipalities. As such, these offices, and their staff members, would support both the national and self- government in creating activities to tackle climate change issues. At present, ICCAMGR has created 50 municipal level commissions with the appropriate level of technical skills and knowledge to identify climate change and environmental issues. In addition, to ICCMAGR, the USAID supported Low Emissions Development (EC-LEDS) project is creating 10 municipal level positions to design and implement mitigation activities while the Covenant of Mayors (CoM) also supports the municipalities to develop and launch mitigation related activities. ICCAMGR strongly recommends that the MoENRP utilize these points of contact to gather information and conduct necessary field work, which would support the development of mitigation and adaptation activities at the municipal levels.
In addition, ICCAMGR strongly recommends that the municipalities create an active channel of communication with the national government to provide feedback on environmental issues. In parallel with developing active communication channels and feedback loops, the national and self- government should develop similar document management and data analysis systems to ensure synchronization of data. This compatibility would support the creation of national and municipal level reports and decision-making processes. ICCAMGR proposes that the relevant national ministries train the municipal authorities on various information classification systems to ensure compatibility in the data collection systems used at the national and municipal levels.
As an intermediate measure, ICCAMGR advises creating a staff position in each municipality who will accumulate information on all environmental and climate change related initiatives and projects. As such, each municipality would have an employee responsible for the above issues, who would also work with stakeholders and prepare relevant information for decision-makers within a municipality. This point of contact would also coordinate and monitor relevant initiatives at a municipal level and share these experiences with other municipal level points of contact.
It is strongly advisable that the appointed team members share expertise and experience provided by various stakeholders through trainings or retraining programs on environmental and climate change issues with the assistance of donors. Thus, one employee will be trained in municipalities.
ANALYSIS OF THE CAPACITIES OF LOCAL AUTHORITIES 11 1 The availability of such employees would also facilitate more efficient identification134 and management of “environmental” funds within the municipal budgets.
7.3 Financial Improvements
At present, all Georgian municipalities utilize a programming budget for directing and managing resources to various activities and programs. However, all the budgets have a sub-section on expenses budgets with relevant codes. The expenses sub-section has a coded bi-line for funds relegated to be spent on environmental management activities. However, the overall programming budgets do not comprehensively reflect these coded sub-sections, i.e. there are no programs directly relegated for environmental activities in the programming budgets. According to this system, Georgian municipal budgets classify environmental and natural disasters prevention activities primarily as infrastructural programs. Please see Table 5 for further details.
Therefore, ICCAMGR strongly recommends that the municipal programming budgets be restructured to integrate an environmental protection and response to climate change program, with a proposed program code 06.00, into municipal programming budgets. Within this budget outline, the self-government would transfer environmental protection activities from the infrastructure budget to this newly created environmental response program.
In order to ensure overall environmental management and tackle climate change issues at the municipal level, ICCAMGR recommends the following change to the municipal budget structure: § Creating a special program entitled environmental protection and response to climate change, with a proposed program code 06.00, in municipal budgets and the transfer of environmental protection activities from the infrastructure budget to this program; § Creating a program entitled management and regulation of environmental protection and response to climate change that will allow municipalities to hire employees and spend administrative funds. This program is critical for those municipalities that signatories to the Covenant of Mayors. In the event that such a program is not created within the local budgets, municipalities will find it difficult to fulfill the commitments that they made under this agreement; § It is essential that criteria for vulnerability to climate changes be correctly calculated and universally acknowledged, thus enabling municipalities to obtain funding for climate change mitigation. Currently, municipalities may apply for funding only after a disaster has occurred, which in the end is substantially more expensive for taxpayers. § It is essential to implement fiscal decentralization that will enable municipalities both to mobilize more funds and administer these funds per local needs. Examples at the international level actively demonstrate that municipalities with fiscal autonomy are effective in implementing climate change mitigation activities. Currently, Georgian municipalities perform only a coordination function for infrastructure projects.
134 For example, many municipal budgets allocate funding for activities such as the construction of protection gabions. Unfortunately, this activity is not regarded either as an environment activity or as a climate change adaptation measure, while the gabion construction falls into both categories.