1 LAW OF GEORGIA  
ON LIVING MODIFIED ORGANISMS 
 
 
CONTENT 
 
SECTION I – GENERAL PART                                                                                                               
 
CHAPTER I – GENERAL PROVISIONS  
Article 1. Objective of the Law Article 2. Scope of the Law 
Article 4. Definition of terms Article 3 Georgian legislation in the field of GMOs Article 5. Basic regulatory principles in the field of GMOs  
Article 6.. Competence of the central and local governments of Georgia and of the  
Autonomous Republics of Abkhazia and Adjara in the field of GMOs 
 
SECTION II – PRINCIPAL PART 
 C
HAPTER II – REGULATION OF LMO S 
Article 7. Performance of LMO-related activity  
Article 8. Ensuring coordination and organizati onal support of the regulation of the use of  
LMOs  C
HAPTER III– CONTAINED USE OF LMO S 
Article 9. Classification of risks  
Article 10. Operating license 
Article 11. Administrative proceedings Article 12. Decision-making Article 13. Notification Article 14. Safety measures 
Article 15. User’s obligations 
Article 16. Person respondible for biosafety Article 17. Project leader  C
HAPTER IV – PLACING OF LMO S ON THE MARKET  
Article 18. Regulation of the use of LMOs through their placing on the market 
Article 19. Registration of LMOs 
Article 20. Safety measures  C
HAPTER V – REGULATION OF TRANBSBOUNDARY MOVEMENT OF LMO S  
Artcile 21. Regulatory mechanism of transboundary movement of LMOs 
Article 22.  Transboundary movement  
Article 23. Re-export/transit Article 24. Government authority r esponsible for relationships with  
Biosafety Clearing-House mechanism  C
HAPTER VI – TRANSPORT OF LMO S 
Article 25. Safety measures for transport of LMOs 
 C
HAPTER VII – ACCESSIBILITY OF LMO- RELATED INFORMATION AND  
PUBLIC PARTICIPATION IN DECISION -MAKING  
Article 26. Accessibility of LMO-related information 
Article 27. Unified Register of LMOs 
 C
HAPTER  VIII  – STATE CONTROL AND SUPERVISION IN THE FIELD OF GMO S  
Article 28. State control and supervision  2  
Article 29. Legal regulation of redress for damage   
C
HAPTER IX -  LIABILITY  
Article 30. Liability for violation of the Law 
Atricle 31. Principle of secondary liability of the State  
 
SECTION III – TRANSITIONAL PART  
C
HAPTER X – NORMATIVE ACTS ADOPTABLE IN CONNECTION WITH  
ENACTMENT OF THE LAW 
Article 32. Normative acts adoptable in connection with enactment of the Law  
Article 33. Transitional provision in conn ection with the use of LMOs within  
Georgia prior to enactment of the Law   
 
 C
HAPTER XI – FINAL PROVISIONS  
Article 34. Ennnnactment of the Law  
 
 
 
  3 LAW OF GEORGIA  
ON LIVING MODIFIED ORGANISMS 
 
 
SECTION I 
GENERAL PART 
 
CHAPTER I 
GENERAL PROVISIONS  
  Article 1. Objective of the Law 
 
The objectives of this Law are:  a) given the environmental protecti on principles and ethical values , to ensure the protection of 
human life and health, animal, plant and the environment from  the adverse effects from 
living modified organisms and fr om the use of their products; 
 b) to create a regulatory framework for scientif ic research of living modified organisms; 
 c) to facilitate in the field of GMOs the implem entation of the principle of accessibility of 
information for the public and public participa tion in decision-making in the same field; 
 d) to ensure compliance with international oblig ations in the field of GMOs assumed by 
Georgia under the Rio de Janeiro Convention on Biological Diversity of June 5, 1992, 
Montreal Cartagena Protocol on Biosafety to th e Convention on Biologial Diversity of 
January 29, 2000, and other International Agreements and Treaties; 
 e) to promote harmonization of the Georgian legi slation with regulations of the European 
Union and other International Legal Acts in th e field of use of living modified organisms. 
 
Article 2. Scope of the Law 
 
1.  This Law shall govern legal relations in th e field of use of living modified organisms 
(hereinafter referred to as  “the field of GMOs”). 
 2.  In the field of GMOs , this Law shall govern: 
 a) the contained use of LMOs; 
 b) the introduction of LMOs  into environment; 
 c) the placing of LMOs on the market; 
 d) transport and transboundary movement of LMOs.  
 
3. The scope of the Law shall not encompass:  
 
a) the placing of genetically modi fied products on the market;  
  4b) the pharmaceuticals (pharmaceutical  products) which may repres ent and/or contain LMOs 
and their products or ingredients thereof.  
 
Article 3. Georgian legislat ion in the field of GMOs 
 
The Georgian legislation in the field of GMOs is  based on the Constitution of Georgia, international 
agreements and treaties of Georgia, this Law, and other laws and bylaws. 
 
Article 4. Definition of terms 
 
1.  The terms used in this Law shall have the following meaning for the purposes of this Law: 
 
a) “Living organism” means any biological entity capable of replication and/or of transferring 
genetic material, including sterile organisms, viruses, and viroids;  
b) “Living modified organism” (hereinafter referr ed to as LMO) means an organism, with the 
exception of human beings, in which the genetic material has been altered in a way that does 
not occur naturally and which possesses a novel combination of genetic material obtained 
through the use of modern biotechnology, th at, in turn, means the application of in vitro 
nucleic acid techniques, includi ng recombinant deoxyribonucleic ac id and direct injection of 
nucleic acid into cells or organelles, or fusi on of cells beyond the taxonomic family; these 
methods allow to overcome natural physiologi cal reproductive or recombination barriers 
and, at the same time, they are not techniques used in traditional br eeding and selection; 
 c) “Genetically modified product” means a product  resulting from pro cessed LMO and/or a 
product containing an ingredient of LMO, wh ich, or an individual part of which, is 
incapable of replication and/or  transferring genetic material; 
 d) "Contained use" means any LMO or LMO-re lated operation/mani pulation (including 
development, handling, storing and disposal) un dertaken for production, scientific-research 
or experimental purposes within a facility, installation or other phys ical structure, which 
requires compliance with specific measures aimed at ensuring the effective limitation of LMOs contact with the environment and preven tion of their effects on the environment and 
human health; 
 e) “Introduction into the environment” m eans any intentional introduction into the 
environment of a LMO, for the purpose other than the placing on the market; 
 f) “Placing on the market” means any action aimed at making available LMO to third parties, 
whether in return for payment or free of charge , save the case when it is intended for the 
contained use; 
 
g) ”User” means any natural or legal person respons ible for contained use or placing of LMOs 
on the market; 
 h) “Transboundary movement” means import, export, re-export and transit; any movement 
from an area  under jurisdiction of one state to an area under jurisdiction of another state, or 
to an area which is out of any jurisdiction, given that the movement  within this area 
concerns interests of at least two states; 
 i) “Biodiversity” means variabil ity among wild fauna and flora,  from all sources including, 
inter alia , terrestrial, marine and ot her aquatic ecosystems and the ecological complexes of  5which they are part; this includes diversity within species, between species and of 
ecosystems; 
 j) “Convention on Biodiversity” means the Conventi on on Biological Divers ity done at Rio de 
Janeiro on June 5, 1992 and ratif ied by the Parliament of Geor gia under its Resolution “On 
the Convention of Biological Diversity” of 21 April 1994; 
 k) “Cartagena Protocol” means Cartagena Prot ocol on Biosafety to  the Biodiversity 
Convention, done at Montreal on 29 January 200 0 and ratified by the Parliament of Georgia 
under its Resolution “On the Accession of Georgia to the Cartagena Protocol to the Convention of Biological Dive rsity” of 26 September 2008; 
 l) “Biosafety Clearing-House” means an inte rnational mechanism established under the 
provisions of Biodiversity Conven tion and Cartagena Protocol in order to facilitate between 
states the exchange of scien tific, technical, environmental and legal information on, and 
experience with, LMOs; 
 m) ”Ministry” means the Ministry of Environmen t and Natural Resources Protection of Georgia 
 
n) ”Minister” means Minister of Environment a nd Natural Resources Protection of Georgia; 
   
2.  In this Law, the terms “environment”, an d “sustainable development” have the same 
meanings as defined in the Law of Georgia on Environmental Protection. 
  
 
 
 
Article 5. Basic regulatory principles in the field of GMOs 
 
1.  The following are the basic princi ples regulating the field of GMOs: 
 a) “Loss prevention principle” – the use of living modified organisms shall only be permitted 
if, taking into account the stat e of science and technology, and the guarantee of safety 
measures in Georgia, no direct or indirect, immediate or delayed or long-term cumulative 
adverse effects on the environment, biodive rsity and human health  can be expected; 
 
b) “Principle of biosafety protecti on by the State” – the state authorities, within the framework 
of their competencies, in particular through le gal control, financial policy, education and 
information provision, as well as by other statut ory forms shall ensure control over LMOs as 
prescribed by law; 
 c) “Principle of bioethics” – during decision-ma king in the field of GMOs, in addition to 
ensuring the interests of human well-being, the necessity of ensu ring the safety of all other 
living organisms, biodiversity, and the natura l and cultural environment as a whole should 
also be taken into consideration; 
 d) “Hazard (risk) assessment principle” – in the ca se of the first receipt and use of any LMO on 
the territory of Georgia, a ma ndatory risk assessment of its  possible adverse effects on the 
environment, biodiversity and human  health should be carried out; 
 e) “Precautionary principle” – when exercising th e state management and control of living 
modified organisms, lack of full scientific certainty should not be used as a reason for 
postponing cost-effective measures to prev ent environmental de gradation.    
  6f) “Principle of liability” – the violation of legal provisions in the field of GMOs as stipulated 
by this Law and Georgian legislation entails liability, taking into account the violation 
gravity; 
 g) “Publicity and public part icipation principle” – general public has the right to receive timely, 
complete and objective information about living  modified organisms and to participate in 
the decision-making process in the same  field in the established procedure. 
 2.   When planning and/or implementing of any activity in the field of GMOs, any natural or 
legal person shall be guided by the basic principles ensuring  safe environment for  human health as 
prescribed by the Law of Georgia on Environmen tal Protection, the Code of Food/ Feed Safety, 
Veterinary and Plant Protection, the Law of Georgi a on Public Health and the Law of Georgia on 
Health Care . 
 
 
 
 
Article 6. Competence of the central and loca l gpvernments of Georgia and of the 
Autonomous Republics of Abkhazia a nd Adjara in the field of GMOs 
 
1.  The competence of the central authorities of Georgia in the field of  GMOs shall include: 
 a) Developing a uniform nati onal policy and strategy; 
 b) Organizing a unified system for contro lling living modified organisms;  
 c) Exercising the state supervision of law enforcement; 
 d) Ensuring compliance with the obligations pres cribed by international agreements and 
treaties of Georgia and effec ting internationa l cooperation; 
 e) Performing other functions prescrib ed by the Georgian legislation. 
 2.  The Government of Georgia may, by declaring LMO-free zone(s), prohibit in full or in part 
the use of living modified organisms th roughout Georgia or in a part thereof. 
 3.  The competence of the governments of the Autonomous Republics of Abkhazia and Adjara 
in the field of GMOs shall be determined under this Law and the Georgian legislation. 
 
 
 
 
  7SECTION II 
PRINCIPAL PART 
 
CHAPTER II  
REGULTION OF LIVING MODIFIED ORGANISMS  
 
 
Article 7. Performance of activiti es related to the use of LMOs 
 
1.  The introduction of living modified organisms into the environment is prohibited in Georgia. 
The violation of said requirement  shall entail legal liability of the User as prescribed by the 
Georgian legislation.  2.  The placing of living modified organisms on the market and the processing thereof are 
allowed if they belong to the species of living modified orga nisms allowable in Georgia.  
 3.  The contained use of living modified organi sms requires authorizati on license for contained 
use of LMOs.  
 
4.   The license shall be issued in compliance w ith the procedure establ ished by this Law, the 
Law of Georgia on Licenses and Permits, and the General Administrative Code of Georgia.  
 
5.  The license for contained use of LMOs neither revokes nor changes any other type of a 
request, permit and/or license necessary for perf orming activity in the te rritory of Georgia. 
 
 
Article 8. Ensuring coordination and organizatio nal support of regulation of the use of LMOs  
 
1.  The Ministry shall be responsible for the c oordination and general or ganizational backing of 
the regulation of LMOs throughout the country.    2.  The Ministry shall establish specific requirements to the handling of LMOs, as well as the methodology of the examination of their adverse effects on the environment, biodiversity and 
human health, also a procedure for making and co mpletion of a respective expert report form and 
the safety/risk class determination criteria.   3.  The Ministry shall, based on the hazard (risk) assessment princi ple, make a register of those 
living modified organisms the import of which in the territory of Georgia for the purpose of their 
placing on the market or pro cessing should be allowed.  
  4.   The Ministry shall, for the purpose of exercising the competences as prescribed by 
paragraphs 2 and 3 of this Arti cle, set up a Scientific Commission of Living Modified  Organisms 
(hereinafter referred to as ’the Commission”) to be composed of  experts recorded in the database 
on experts of LMOs.  
 
C
HAPTER III  
CONTAINED USE OF LIVING MODIFIED ORGANISMS  
 
Article 9. Risk cl assification  
  81.  The contained use of living modified orga nisms should be classified according to the 
following two safety levels/risk classes:   a) Class 1 – when, given the state-of-the-art of  science and technology, the contained use of 
LMOs does not endangers human health and th e environment or is associated with an 
insignificant risk level;  
 b) Class 2 – when, given the state-of-the-art of  science and technology, the contained use of 
LMOs is associated with a significant risk level to human health and the environment. 
 2.  The User, prior to starting activity, shall be obliged to determine the risk class, taking into 
account the precautionary principle. Where the ri sk class is doubted, the higher class should be 
determined.  
 
Article 10. Operating license 
 
1.  The contained use of LMOs requires authoriza tion if it is classified according to the second 
risk class. The contained use of LMOs being assigned to the first risk class does not need 
authorization and is carried out on the basis of a respective notification submitted to the Ministry. 
 2.  An application for authorization provided for in  this Article (hereinafter  referred to as “the 
License”) shall be filed in the Ministry in writing,  also in the electronic fo rm. The application shall 
be consistent with the requirements set out in the Law of Georgia on Licenses and Permits and the 
Administrative Code of Geor gia and shall be appended with the following information: 
 a) Location of the closed/contained system;  
 b) Identification data of the User; 
 c) ID details of the project leader and certificate of qualification; 
 d) Details on the person res ponsible for biosafety; 
 e) Name of the living modified organisms; 
 
f) Data evidencing the risk class of the activity to  be performed and, accordingly, the potential 
risk assessment of such activity;  
 g) Monitoring program and methods of control; 
 h) An emergency response plan aimed at preventin g and neutralizing adverse effects on human 
health and the environment; 
 i) A plan of presenting periodic reports to  controlling bodies (reporting scheme).  
 3.  A license for contained use of LMOs shall be issued if:   a) the documents presented by the appli cant meet the regulatory provisions; 
 b) there are no factual grounds to doubt trustworthiness of the User and other persons 
responsible for biosafety; 
  9c) it is guaranteed that the projec t leader and the person respon sible for biosafety possess the 
appropriate knowledge necessary for fulfilling their obligations; 
 d) every safety measures are taken to prev ent and eradicate the potential hazard; 
 e) all public legal norms concerning  the safety measures prescrib ed by the labor legislation are 
complied with. 
 
 Article 11. Administrative proceedings 
 
1.  Administration proceedings in connection with the granting of the License shall be carried 
out in the Ministry in accordance with this Law, the Law of Ge orgia on Licenses and Permits and 
the General Administration Code of  Georgia as prescribed by the public administration procedure.  
 2.  The administrative agency shall check complia nce of the application with the established 
requirements. With a view to adequately check co mpliance with the set regulatory requirements, the 
administrative agency may request from the appli cant the submission of additional information, to 
the extent necessary for decision-making.   3.  Within 3  days from the receipt of the appl ication, the Ministry shall deliver the application 
with the appended information to the Commission for examination.  4.  The Commission shall, on the basis of analys is of the application- appended information, 
examine the potential adverse effects of living m odified organisms on the environment, biodiversity 
and human health and make a re spective expert opinion concerning  expediency of performing the 
activity associated with the use of LMOs (class ifies them according to the level of risk).  
 5.  The Commission shall prepare the respective e xpert opinion and submit it to the Ministry 
within  20  working days from receipt of the task.  
 
 
Article 12. Decision-making 
 
1.  The Ministry shall make a decision on the granting or declining of  the License for the 
contained use of GMOs within 30 working days fr om receipt of the application into proceedings. 
  
2.  The License authorizes the applicant to perf orm the activity provided for in this Law on the 
specific territory, in compliance w ith the conditions and terms esta blished under the legislation and 
the same License.   3.  The Ministry shall make public a deci sion on granting, amending and suspending the 
License as prescribed by the relevant legislation. 
 4.  The License form shall be estab lished under the order of the Minister. 
 
5.  The License applicant shall pay the re spective license fee as prescribed by the law  
6.  In case the License is granted, it shall be a ppended with the plan for monitoring and control 
methods, the emergency response plan and the accountability plan as its integral part – in the initial form presented by the applicant or in th e form adjusted by the licensing agency. 
 7.  Refusal of the License on the grounds of restri cting the volume of the License to be granted 
is inadmissible, except for the cases di rectly provided for in the law.  
  108.  Assignment of the License to another person is inadmissible. 
 9.  Control on compliance with the license conditi ons for the contained use of GMOs by a licensee 
shall be conducted according to  the Georgian Legislation.  
 
  
Article 13. Notification of the contained use of LMOs 
 
1.  Notification of the contained use of living modified organisms provided for in this Law, 
ascribed to the first risk class, shall be submitted to the Ministry in writin g. The notification shall be 
appended with the following information:  a) Location of the closed system;  
 b) Identity data of the User; 
 c) Identity data and certificate of qualificati on of the project leader, where available; 
 d) Details on the person res ponsible for biosafety; 
 e) Description of the work to be performed; 
 f) General risk assessment. 
 2.  The Ministry shall, within 30 days from recei pt of the notification, check compliance of the 
intended activity with law. The applicant may, on expiry of 30 days from submittal of the notification, start the intended activity, if the Ministry fails to give by the set deadline a written answer evidencing compliance (or incompliance)  of the intended activity with the first risk class. 
 3.  If the Ministry has reasonable doubts in respect of the level of risk of the intended activity, it 
shall, within 10 days from receipt of the notific ation, deliver the notification and the information 
appended thereto to the Co mmission for examination. 
 4.  The Commission shall, on the basis of analys is of the application- appended information, 
examine the potential adverse effects of living m odified organisms on the environment, biodiversity 
and human health and make a re spective expert opinion concerning  expediency of performing the 
activity associated with the use of LM Os and assign the risk class thereto.  
 5.  The Commission shall prepare the respective opi nion and submit it to the Ministry within 10 
days from the receipt of the task.   6.  In the case provided for in paragraph 3 of th is Article, the Ministry shall decide on extending 
the period of administrative proceedings for not more  than 30 days and notify the notifier thereof.  
 
  11Article 14. Safety measures      
 
1.  The contained use of living modified organism s shall be carried out in compliance with the 
safety measures commensurate with the st ate-of-the art of science and technology; 
 2.  The Commission shall, taking into accout the state-of-the ar t of science and technology, 
work out special requirements to the handling of  living modified organisms to be approved by the 
Resolution of the Government of Geor gia.Said normative act shall define: 
  a) the organizational and technical safety measures necessary for each risk class of contained 
use of LMOs; 
 b) the requirements to the cont ained use of LMOs aimed at  preventing, reducing and 
eradicating their effect s on the environment; 
 c) the safety measures’ criteria for the space where the transgenic plants and animals are being 
placed; 
 d) the general biosafety ri sk assessment criteria; 
 e) the criteria for making emergency response plans. 
  
Article 15. User’s obligations 
  
1.  The User shall: 
a)   take the safety ensuring measures consiste nt with the state-of-t he-art of science and 
technology and care for their functioning. 
 b)   obtain information in connection with a ll the biosafety-related issues from the person 
responsible for biosafety and the project leader and, where necess ary, address the Ministry for 
advice;    2.  The designation by the user of a person responsib le for biosafety and th e project le ader shall 
not release him from the responsibility to fulf ill the safety-related oblig ations legally imposed 
thereon.  
 
 Article 16. Person responsible for biosafety 
 
1.  The user shall, upon each contained use of  a LMO, designate a person responsibly for 
biosafety having the appropriate knowledge and practical experience in this field. 
 2.  The person responsible for biosafety shall:  a) exercise supervision of the safe ty of contained use of LMOs a nd immediately notify the user  
and the project leader of the id entified shortcomings, if any; 
 b) ensure the development of an emergency res ponse plan and making of  mechanisms for its 
functioning. 
 
3.  The competences of the person responsible fo r biosafety shall be re gulated by the in-house 
regulations to be approved by the user.   12Article 17. Project leader  
 
1.  The user shall, upon each contained use of a LM O, which is characteri zed of the second risk 
class, designate a project leader having the appropr iate knowledge and practi cal experience in this 
field.  2.  The project leader shall e ngage in work planning, management and supervision. He shall: 
 a) provide the work-engaged persons with informa tion about safety measures, potential risks 
and emergency measures for their elimination; 
 b) care for observing the safety measures; 
 3.  The project leader’s competences shall be regulated by the in-hou se regulations to be 
approved by the user.   
C
HAPTER IV  
PLACING OF LIVING MODIFIED ORGANISM ON THE MARKET  
 
Article 18. Regulation of the use of LMOs  through their placing on the market 
 
1.  The placing of a living modified organi sm on the market does not require a special 
permit/license and is allowable if it belongs to the species of living modified organisms allowable on the territory of Georgia approved by the Minister.  2.  Control of the use of living modified or ganisms through placing on the market shall be 
exercised by way clear-cut identification and appr opriate marking (labelin g )  o f  L M O s  t h a t  a r e  
intended for marketing in retail trade network. The labeling-related relations shall be regulated as 
prescribed by the Georgian legislation.   3.  In case the labeling of living modified organi sms is impossible, they identification shall be 
effected in the accompanying documents/forms, whic h are to be delivered to the buyer or other 
recipient for familiarization purposes.  
 
Article 19. Registration of LMOs  
1.  The manufacturer or importe r of products, who intends the placing on the market of the 
LMOs that do not belong to the type  of living m odified organisms allowable on the territory of 
Georgia, shall, prior to initial en try of each such organism, apply to  the Ministry in writing for their 
registration. The application shall be  made in the special form approve d by the Minister and shall be 
appended with the following information:  a) ID data of the user; 
 b) Description of the products, taking into account the characteristics based on its content of 
LMO; 
 c) Description of the areas of use of the products and geogra phic boundaries of their spread; 
 d) Description of special treatment rules in re spect of the products and a list of measures 
relating to their la beling and packaging.  13 
2.  The Ministry shall, within 90 days from recei pt of the application, de cide on registration of 
said living modified organisms a nd their entry in the register.  
 
3.  Where defined time period in the paragraph 2 is  not sufficient  for the decision necessary for 
the determination of substantially important circum stances, the Ministry is authorized to make 
a decision regarding prolongation of the term no longer than 3 months. 
 
4. Expiration of the terms indicated in paragraph 2 and 3 do not give the applicant right to carry out 
the intended activity without approp riate decision of the Ministry. 
 
5.  The Ministry shall, within 10 days from r eceipt of the application, deliver the application 
and the appended information to the Commission for examination. 
 
6.  The Commission shall examine the potential ad verse effects of living modified organisms on 
the environment, biodiversity and human health a nd make a respective expe rt’s opinion concerning 
expediency of performing the acti vity associated with the use of LMOs and assigns a safety 
level/risk class thereto.   
7. The Commission shall prepare the respective opi nion and submit it to the Ministry within 30 
working days from receipt of the task.  
 
 Article 20. Safety measures 
 
The person, who places living modified organisms on the market, shall ensure that the LMO characteristics are not transferred to other products. A failure to co mply with said requirement will 
entail legal liability as prescribed by the Georgian legislation.   
C
HAPTER V 
REGULATION OF TRANSBOUNDARY MOVEMENT OF LIVING MODIFIED ORGANISMS  
 Article 21. Regulatory mechanism for transboundary movement of LMOs 
 
Transboundary movement of LMOs is regulated by the advance informed  agreement procedure 
prescribed by the Cartagena Protocol, in co mpliance with the provi sions of this Law. 
 
 
Article 22.  Transboundary movement of LMOs  
 
1.  Import of LMOs for the purpose of their introduction into the environment within the 
territory of Georgia is prohibited.   2.  In the case of import of LMOs intended for c ontained use, the importer shall, before the first 
transboundary movement of LMOs, obtain a license for contained use of LMOs.  
 3.  Before the first transboundary movement of  LMOs intended for cont ained use, the importer 
shall notify the Ministry in wr iting of such an intention.  
 4.  In accordance with paragrapf 3 of this Article,  the Ministry, within 30 days from receipt of 
the notification, shall check complia nce of the notification with the requirements of paragraph 2 of  14this Article and inform the notifier in writing a bout the procedures provided for by the Georgian 
legislation, the compliance with which is necessary for obtaining the initial consent and further import of the same LMO. 5.  The Ministry shall issue consent/author ization to transboundary  movement of LMOs, 
evidencing the right of import of LMOs to Georgia fo r the purposes set out in the respective license.  
6.  Consent to transboundary movement of LMOs shall be issued under simple administrative 
proceedings within 1 month from applying, excep t for the case when it takes place within the 
administrative proceedings for issuing a license, based on the applicant’s request.  7.  Transboundary movement intended for placing  LMOs on the market is permissible if it 
concerns the type of LMOs admissible to Georgia as prescribed by this Law. 
 
8.  Upon transboundary movement of LMOs inte nded for placing on the market, the Revenue 
Service shall furnish to the Mini stry the information about the amount and ma nufacturers of the 
LMOs to be placed on the market. 
 
 Article 23. Re-export/transit 
 
1.  Transboundary movements of LMOs intended for re-export/transit does not require a license 
and are effected on the basis of a pre liminary notification of the Ministry. 
 2.  The party of re-export/transit shall lodge a no tification to the Ministry . The notification shall 
contain the information that evidences compliance of  the export with the legislation of the country 
of export and that   the requirements of the Ca rtagena Protocol of Biosafety are complied with. 
 3.  The Ministry shall check how the requirement s of transport of LMOs provided for in this 
Law are complied with and shall make a decision on satisfaction of rejecti on of the application, 
within 30 days from applying.  
 
Article 24. Government authority responsible fo r relationships with the Biosafety Clearing-
House mechanism 
 
1.  The Ministry shall be the governmental auth ority responsible for relationships with the 
Biosafety Clearing-House mechanism as provided for in the Cartagena Protocol.  2.  The Ministry  shall make available to the Biosafety Clearing-House the following 
information to be made available under the Cartagena Protocol:  a) All the Georgian laws regulating the issues of implementation of the Cartagena Protocol, 
covered by paragraph 5 of Article 11 and pa ragraph one, point (a) of Article 20 of the 
Protocol;  
 b) Contact data on the authority responsible for receipt of a notificati on of an unintentional 
transboundary movement established by Ar ticle 17 of the Cartagena Protocol; 
 c) Any bilateral, regional and multilateral agreements and arrangements made by the State, 
covered by Article 20(3)(b) of the Cartagena Protocol; 
 d) Any available information about the unintentional and illegal transboundary movements of 
LMOs occurring within the territories under Ge orgia’s jurisdiction as covered by Articles 17 
and 25 of the Cartagena Protocol; 
  15e) Pursuant to  Article 15 and Article 20(3)(c) of the Cartagena Protocol, decisions of the 
competent governmental authority permitting the importation of LMOs intended for contained use, within 15 days after making su ch decision according to the Article 11 and 
Article 20 (3)(d) of the Cartagena Proticol; 
f) Summaries of the risk assessments or environmental reviews of LMOs generated by the 
Ministry;  
 
g) Review of the decisions made under Ar ticle 12 of the Cartagena Protocol. 
 3.  The Ministry shall make the information obtained through the Biosafety Clearing-House 
systematized and available to the public. 
 
 
C
HAPTER VI 
TRANSPORT OF LIVING MODIFIED ORGANISMS  
 
Article 25. Safety measures for transporting LMOs 
 
1.  Upon transport of LMOs with in the territory of Georgia for any purpose the requirements of 
the resolution of the Government of Georgia “On the Approval of the Conditions of Safety, 
Labeling, Packaging and Identification upon Transporta tion of LMOs on the Territory of Georgia” 
shall be complied with.    
2.  Upon transport of LMOs intended fo r placing on the market, the accompanying 
documentation shall, at a minimum, indicate:  
a) that they “may contai n” LMOs and are not intended for introduction into the environment; 
 
b) the name, address and other details of the contact point/person for further information. 
 3.  Upon transport of LMOs that are des tined for contained us e, the accompanying 
documentation shall, at least, indicate: 
 
a) that they represent LMOs and are trans ported for the purpose of contained use; 
 
b) the name and address, and othe r details of the contact point for further information on the 
consignment, including the name and address of the person to whom the LMOs are consigned.  
 4.  Upon transport of LMOs that are intended fo r introduction into the e nvironment (in the case 
of re-export), the accompanying documentation shall, at a minimum, indicate:  a) that they represent LMOs and are intende d for introduction into the environment; 
 b) the identification and relevant tr aits and/or characteristics; 
 c) any requirements for safe handli ng, storage, transport and use; ;  
 
d) the name and address of the contact point fo r further information about the consignment; 
 e) the name and address of the importer and exporter and a declarat ion that the exporter 
complied with the requirements of the Cartagena Protocol.  16 
 
CHAPTER VII 
ACCESSIBILITY OF LMO- RELATED INFORMATION AND  
PUBLIC PARTICIPATION IN DECISION -MAKING  
 Article 26. Accessibility of LMO-related information 
 
1.  Information in the field of GMOs shall be open and accessible for the general public. 
  
2.  The access to information in the field of GM Os is guaranteed by the international treaties 
and agreements of Georgia a nd the Georgian legislation.  
 3.  In respect to the accessibili ty of the information mentioned by paragraph one of this Article, 
in addition to regulatory provisi ons, the requirements provided for in Chapter III of the General 
Administrative Code of  Georgia shall apply. 
 
 
Article 27. Unified [Nationa l] Register of LMOs 
 
1.  A Unified Register of LMOs shall be set at the Ministry to record the information relating to the use of LMOs, also the types  of LMOs, the im portation of which into Georgia for the purpose of 
placing on the market is allowable. Together with  documents, an electronic version of the Unified 
Register shall be created to be placed on a special website. 
 
2.  Within two days from receipt of any in formation in the field of GMOs, the following 
information shall be entered in the Register:  a) the names (the trade name and the legal status in the case of a legal person) having applied 
to the Ministry for obtaining a license;  
 b) about any specific case of issuing of a license, with the descrip tion of general traits of the 
respective LMO and indication of licensees; 
  c) the site producing LMOs and the persons partic ipating in the process, regarding the general 
decryption of LMOs and their general characteristics; 
 d)  upon the contained use of LMOs, information concerning thei r characteristics, place and the 
users; 
 e)  other data specified by law.  3.  The Register is a public document and any pers on has the right to fam iliarize with it without 
delay, also to obtain a copy of th e whole register or a part thereof against payment of the copying-
related costs.  4.  The data deemed to be conf idential in accordance with the Geor gian legislation shall not be 
entered in the register.  5.  The form and maintenance procedure of the re gister shall be defined by the Minister’s order  
  17 
CHAPTER VIII   
STATE CONTROL AND SUPERVISION IN THE FIELD OF GMO S 
 Article 28. State control and supervision    
 
1.  The competent government control and supe rvisory authorities in the field of GMOs 
include:  a) The Ministry, which shall: 
 
aa)  according to the Cartagena Protocol, fulf ill the function of a state coordination center 
and a competent government authority; 
 ab)  within the scope of its competence, exercise state admi nistration and control in the 
field of GMOs; 
 
ac)  within the scope of its competence and as prescribed by this Law and effective 
legislation, issue licenses for contained use of LMOs; 
 ad)  check the Register of LMOs. 
 
 
b) The Ministry of Agriculture of Georgia, whic h shall within the scope of its competence, 
exercise state control in the field of GMOs; 
  c) The Ministry of Finance of Georgia shall; 
 
ca)  exercise customs control ove r transboundary movement of LMOs; 
 
cb)  perform other functions provide d for by the Georgian legislation.  
 
2.  The state control and su pervision in the field of GMOs shall encompass: 
    a) Control over compliance with the requirement s of the LMO-related available laws and 
international agreements and treaties on the part of natural and legal person; 
 b) Control over compliance with the environmen tal requirements, norms , state standards, 
sanitary and hygiene norms and regula tions and veterinary requirements; 
 c) Control over objectivity/accuracy of the s ubmitted information and reports concerning 
LMOs; 
 d) Compliance with other regulatory requirements. 
 3.  Decision-making in the field of GMOs as regards the rest riction, suspension and/or 
termination of activities of the persons connected with the field of GMOs (where such activities 
posed or may pose a potential hazard to the envir onment and human health) shall be as prescribed 
by the Georgian legislation.  4.  Decisions of the aut horities exercising the state control a nd supervision in the field of GMOs 
may be appealed against as prescr ibed by the Georgian legislation.  18 
29. Responsibility for Violation  Responsibility for the violation of this Law shall be  defined according to th e Georgian legislation.  
  
C
HAPTER IX 
REDRESS FOR DAMAGE  
 
Article 30. Legal regulation of redress for damage 
   
1.   Pursuant to this Law, the matters of redr ess for damage resulting from activities carried out 
in the field of GMOs shall be regulated on the basis of the relevant pr ovisions of the Law of 
Georgia on Environmental Protection.  2.   In the case of damage caused to human life,  human health or the environment resulting from 
activities performed under this Law, the liability of redress for damage so incurred shall be with the 
activity performer/user. Liability shall extend to the damage associated with the effects of the 
hazard-containing characteristics/traits of LMOs.  3.  Imposition of liability shall not release the offender from redress for damage caused in 
violation of this Law at the fixed rate and according to the established procedure. 
   
4.   A procedure for calculating the damage cause d in violation of this Law shall be defined  by 
the Governmental resolution. .     
 
5.   The user shall, with a view to safeguard the execution of liability before a third party, insure 
own activities with a private insurance company as prescribed by the Georgian legislation. 
 6.  The user shall not be held liable for redress for damage where the damage is caused by force majeure circumstances, such as civil strife and mar tial law, natural disasters or other emergencies, 
being beyond the user’s control. 
 
 
Article 3 1. Principle of secondary liability of the State 
 
Where the damage causing person cannot be identified or in the given situat ion the adverse effects 
cannot be otherwise impaired or avoided, the Stat e shall ensure eradication/mitigation of the 
adverse effects from the use of LMOs.    
 
 
  19SECTION III 
TRANSITIONAL PART 
 
CHAPTER X 
NORMATIVE ACTS ADOPTABLE IN CONNECTION WITH ENACTMENT OF THE LAW AND THEIR 
ADOPTION PERIODS  
 
Article 32. Normative acts ad optable in connection with  enactment of the Law  
        
1.    The Government of Georgia shall, by January 1, 2015, issue the following ordinances/resolutions:  a)  On the Criteria for Determining the Safety/Risk Classes of LMOs;  b)  On the Conditions of Safety, Packaging and Identification of LM Os upon Transportation 
within Georgia; 
 c)  On the Boundary Control of LMOs m oved on the Customs Territory of Georgia. 
 
e)      Special requirements to the handling of LMOs;  
 
f)      Regulations “On a Procedure for Calculating the Damage Caused to the Environment as a 
Result of Adverse Effects of LMOs”; 
 f)   The modalities of examination of the potential adverse effects of LMOs on the environment, 
biodiversity and human health, a form of an expert report and its completion procedure; 
  2.   The Ministry shall, by January 1, 2015, draft and approve:    
a)  A procedure for maintaining a database on experts of LMOs and the minimum qualification 
requirements to the experts; 
 b)  The rules of procedure and the comp osition of a Scientific Commission on LMOs; 
 c)  The form of a license for contained use of LMOs;  d)  Regulations on a Register of LMOs;  e)  The form of an applica tion for registration of LMOs; 
 f)  A procedure for entry in the Unified Regist er of the LMOs used in contained systems and 
placed on the market in the territory of Geor gia prior to the enactment of this Law and 
conditions of their regulation after th eir entry in the Unified Register; 
      
 
 
  20 
Article 33. Transitional provisions in connection with LMOs used on the territory of Georgia 
prior to enactment of this Law  
 
1. Before Jenuary 1, 2015 LMOs used in cont ained systems and placed on the market within 
Georgia shall be subject to entry in  the Unified Register of LMOs.  
 2.  For the purposes of this Law, the entry in th e Unified Register of LMOs defined under paragraph 
one of this Article shall be considered as the issue of a license for contained use of LMOs as 
established by this Law. 
 
 
 
SECTION IV 
FINAL PART 
 
C
HAPTER XIV 
FINAL PROVISIONS  
 
Article 34. Enactment of the Law (Entry into force) 
 
   
1. This Law shall enter into force upon its promulgation except articles 31 and 33  
2. Articles 31 and 33 shall enter into force after January 1, 20 15