Law of Georgia on protection of the population and the territory from emergency situations of natural and manmade origin Chapter I General provisions Article 1. Definitions The terms used in this Law shall have the following meaning: a) Emergency situation – situation created within facilities, territory or aquatic area as a result of natural phenomenon, natural disaster, fire, accident, catastrophe or other disasters, as well use of weapons which leads to the breach of living and working conditions of humans, threatens their life and health and damages the population and the natural environment; b) Emergency zone – defined territory or aquatic area where the emergency situation is created; c) Risk of emergency situation – the possibility and frequency of creation of emergency situations determined by relevant risk index; d) Prevention of emergency situation – combination of legal, organizational, economic, engineering-technological, sanitary-hygienic, sanitary-epidemiological and other measures implemented for the purpose of organization of monitoring and control of the environment and a dangerous facility, forecasting and prevention of emergency situations, preparation for emergency situations and minimization of losses in case of creation of the emergency situation; e) Elimination of the consequences of emergency situations – implementation of any reconnaissance, accident rescue and accident recovery operations within the emergency zone and surrounding areas for the purpose of saving the lives and health of humans, reduction of material and environmental damages, localization of the emergency zone and mitigation of the impacts of damaging factors of the source of the emergency situation by United Emergency Response Forces, as well as organization of life support of the personnel of the above forces; f) United system of prevention of emergency situations and elimination of their consequences (hereinafter – United System) – the ministries, structural units of the ministries and legal persons of public law designated by the Government of Georgia to prevent emergency situations, and in case of their occurrence - to eliminate the consequences of emergency situations, ensure safety of the population, protect the industrial facilities and the natural environment and reduce the economic losses; g) Safety declaration – information about hazardous industrial facility submitted in accordance with the Georgian legislation for the purpose of evaluation of the risk factor of the emergency situation; h) Field – the area regulated within the established competences; i) Emergency Response Forces - forces of the bodies of state governance of Georgia, Autonomous Republics of Achara and Abkhazia and local self-governance comprised of firefighting-rescue divisions; j) Firefighting-Rescue Divisions – forces created as a result of merging the fire protection and civil defense services subordinated to the bodies of local self-governance; k) National Response Plan on Natural and Man Made Emergency Situations (hereinafter National Response Plan) – a combination of response plans of ministries, structural units of the ministries and legal persons of public law of the United System providing protection of the population and the territory from emergency situations of natural and manmade origin. 1 Article 2. Scope of regulation 1. This Law establishes general organizational-legal rules of protection of the Georgian citizens, citizens of foreign countries and persons without citizenship and legal persons being on the territory of Georgia, as well as industrial and social facilities and the natural environment within the boundaries – land (underground), marine and airspace of Georgia from natural and manmade emergency situations (hereinafter – emergency situations). 2. This Law regulates legal relations among the bodies of state governance of Georgia, Autonomous Republics of Achara and Abkhazia, local self-governance and natural and legal persons arising during fulfillment of the tasks of protection of the population and the territory from emergency situations. 3. The provisions of the Law of Georgia on Emergency Situations shall be used when declaring the emergency situation, and the provisions of the Martial Law of Georgia on – when declaring the military emergency. Article 3. Legal bases of protection of the population and the territory from emergency situations Legal bases of protection of the population and the territory from emergency situations are the Constitutions of Georgia, international regulations, this Law, other Georgian Laws as well as other Georgian regulations. Article 4. Objectives of the Law 1. Objectives of this Law are as follows: a) Prevention of occurrence and spread of the emergency situation; b) Reduction of losses caused by the emergency situation; c) Elimination of the consequences of the emergency situation through the United System. 2. Issues not covered by the objectives specified in the paragraph 1 of this Article, including recovery of the territory affected by the emergency situations shall not be regulated by this Law. Article 5. Main principles of protection of the population and the territory from emergency situations 1. 2. 3. 4. Preventive measures shall be taken to avoid emergency situations and minimize expected losses. Economic, natural and other characteristics of the territory, where the risk of creation of an emergency situation exits, shall be considered during planning the measures of protection of the population and the territory from emergency situations. The volumes of measures to be taken during protection of the population and the territory from emergency situations and methods of their implementation shall be determined taking into account the available emergency response forces and means. The consequences of the emergency situations shall be eliminated by the bodies of state governance of Georgia, Autonomous Republic of Achara and Abkhazia and local selfgovernance, as well as by legal persons which are actual owners of a territory where the emergency situation is created due to their own fault through available emergency response forces and means. If the consequences of the emergency cannot be eliminated through the mentioned forces and means the relevant entities of the United System shall be involved. Article 6. United System 1. Main tasks of the United System shall be: a) forecasting emergency situations and assessment of expected social-economic consequences; 2 b) development and implementation of norms to protect the population and the territory from emergency situations; c) implementation of targeted and scientific-technical programs for timely identification of the risk factor of emergency situation and its avoidance and ensuring stable operation of industrial and social facilities during emergency situations; d) ensuring preparedness of authorized management bodies, emergency response forces and means for the purpose of prevention of emergency situations and elimination of their consequences; e) collection, processing and release of information in the field of protection of the population and the territory from emergency situations in accordance with the rule established by the Georgian legislation; f) training and retraining of emergency response forces and capacity building of the heads and specialists of the bodies of local self-governance for the purpose of prevention of emergency situations and elimination of their consequences; g) creation of a reserve of material assets for the purpose of elimination of the consequences of emergency situations in accordance with the rule established by the Georgian legislation; h) elimination of the consequences of emergency situations; i) provision of humanitarian and social aid to the population affected by emergency situations; j) execution of duties and responsibilities of the population and the persons involved in elimination of the consequences of emergency situations in the field of protection from emergency situations; k) intensification of international cooperation in the field of protection of the population and the territory from emergency situations. 2. United System shall be based on this Law, National Response Plan, Civil Defense Plans and other regulations at all levels of governance. Article 7. Determination of the boundaries of the emergency situation The boundaries of the emergency situations shall be determined by the relevant authorized body in accordance with the Article of this Law on the basis of the categories of emergency situations. Article 8. Publicity of information on emergency situations 1. Information on emergency situations shall contain data on technological, radioactive, chemical-bacteriological, fire and environmental state of the territory of the emergency situation and the measures to be taken for protection of the population and the territory and ensuring their safety during the emergency situation. 2. Information on emergency situations shall be public except the information which shall not be released in accordance with the Georgian legislation. 3. The bodies of state governance of Georgia, Autonomous Republics of Achara and Abkhazia, local self-governance and administration of a legal person shall provide the population with timely and understandable information through different media sources (printed or electronic media, including internet). 4. Hiding the information, its release with delay or in a deliberately distorted form by the relevant authorized person in the field of protection of the population and the territory from emergency situation shall be prohibited. Chapter II 3 Powers of the Parliament of Georgia, President of Georgia, state authorities of the Autonomous Republics of Achara and Abkhazia and bodies of local self-governance in the field of protection of the population and the territory from emergency situations Article 9. Powers of the Parliament of Georgia The Parliament of Georgia shall be authorized to: a) define the united state policy in the field of protection of the population and the territory from emergency situations; b) implement legal regulation in the field of protection of the population and the territory from emergency situations; c) determine main directions in the field of protection of the population and the territory from emergency situations and supervise their implementation in accordance with the rule established by the Georgian legislation. Article 10. Powers of the President of Georgia The President of Georgia shall be authorized to: a) implement legislative initiative in the field of protection of the population and the territory from emergency situations; b) issue relevant regulations in the field of protection of the population and the territory from emergency situations; c) approve National Response and Civil Defense Plans. Article 11. Powers of the Government of Georgia The Government of Georgia shall be authorized to: a) supervise the activity of the ministries and structural units of ministries in the field of protection of the population and the territory from emergency situations; b) implement legislative initiative and develop governmental program in the field of protection of the population and the territory from emergency situations; c) ensure implementation of united state policy implement legislative initiative in the field of protection of the population and the territory from emergency situations; d) issue relevant regulations in the field of protection of the population and the territory from emergency situations; e) take necessary measures to defend the country and ensure public safety during emergency situations; f) organize division of cities and industrial facilities by their level of hazardousness and into administrative-strategic and vitally important categories in accordance of the principles of civil defense; g) establish a Governmental Commission of Emergency Management to coordinate the United System; h) approve the regulations of the Governmental Commission of Emergency Management. Article 12. Powers of the bodies of state governance of Autonomous Republics of Achara and Abkhazia and local self-governance Bodies of state governance of Autonomous Republics of Achara and Abkhazia and local selfgovernance within their competence shall: a) adopt regulations and other legislative acts in the field of protection of the population and the territory from emergency situations; 4 b) create emergency situation management divisions from emergency response forces and means complying with the modern standards and accepted by the Government of Georgia in accordance with the rule established by the Georgian legislation for the purpose of protection of the population and the territory from emergency situations and ensure their preparedness and permanent readiness; c) take a decision on evacuation of the population during emergency situations if necessary and provide evacuees with permanent or other temporary housing; d) receive and process relevant information in the field of protection of the population and the territory from emergency situations; e) ensure distribution of humanitarian aid among affected and helpless people; f) organize implementation of accident-rescue and other emergency works and implement them; g) provide funding for measures of protection of the population and the territory from emergency situations; h) provide assistance to organizations to ensure their safe operation during emergency situations; i) fulfill other duties and responsibilities in the field of prevention and emergency situations and elimination of their consequences established by the Georgian legislation. Chapter III Powers of the bodies of state governance and local self-governance and legal persons in the field of protection of the Population and the territory from emergency situations Article 13. Bodies of state governance and local self-governance authorized to accomplish the tasks related to emergency situations 1. Management of the United System for the purpose of protection of the population and the territory from emergency situations shall be implemented by authorized bodies of state governance and local self-governance in accordance with the administrative-territorial structure and management levels: a) National level – The Emergency Management Department of the Ministry of Internal Affairs of Georgia; b) Level of the autonomous republics – structural divisions of the Emergency Management Department of the Ministry of Internal Affairs of Georgia for the Autonomous Republics of Achara and Abkhazia; c) Local level – emergency management divisions of the bodies of local self-governance. 2. The Ministry of Internal Affairs of Georgia shall define main directions in the field of protection of the population and the territory from emergency situations. 3. The Ministry of Internal Affairs of Georgia shall be responsible for provision of training and retraining of firefighting-rescue forces and capacity building of the heads and specialists of the bodies of local self-governance within its competences. 4. The authorized bodies of state governance and local self-governance specified in this Article shall have the right to enter into agreement with relevant persons to get support in prevention of emergency situation and elimination of their consequences if their emergency response forces and means are not adequate. Article 14. Duties and responsibilities of the bodies of the executive power of Georgia 1. For the purpose of protection of the population and the territory during the emergency situations and ensuring active operation of the United System the bodies of executive power within their competencies shall: a) create emergency management divisions; 5 2. 3. 4. 5. b) organize fulfillment of tasks specified by the Georgian legislation in the field of protection of the population and the territory during emergency situations by relevant sectors; c) plan organizational and engineering-technological measures to ensure sustainable operation of relevant sectors; d) develop and approve the standards and rules of safety of industrial processes and goods and the standards of protection of the operating personnel during the emergency situations in accordance with the Georgian legislation; e) develop and implement required measures to ensure safety during emergency situations; f) implement measures on prevention of emergency situations as well as accident-rescue and other tasks during the emergency situations; g) organize implementation of scientific –research, testing-design, testing and projecting works on safety issues; h) fulfill other duties and obligations related to emergency situations in accordance with the Georgian legislation. The bodies of executive power of Georgia shall provide methodological guidance to relevant legal persons in protection of the personnel from emergency situations and ensuring safe operation of the organizations during emergency situations. The heads of the bodies of executive power of Georgia shall be responsible for fulfillment of the tasks and implementation of functions by subordinated divisions during emergency situations in accordance with the Georgian legislation. The bodies of executive power of Georgia having in place the forces and means trained and certified for prevention of emergency situations or elimination of their consequences in accordance with the established rule shall use the mentioned forces and means within the framework of the United System. The heads of the bodies of executive power of Georgia as entities of the United System shall act on the basis of the relevant regulations, National Response Plan and Civil Defense Plan. Article 15. Responsibilities of individual entrepreneurs, entrepreneurial and nonentrepreneurial legal persons 1. Individual entrepreneurs shall: a) Act taking into account the recommendations and instructions of the relevant bodies of the United System; b) Take part in activities in the field of protection of the population and the territory from emergency situations in accordance with the Georgian legislation; c) Fulfill other duties and obligations related to emergency situations in accordance with the Georgian legislation. 2. Entrepreneurial and non- entrepreneurial legal persons shall: a) Plan and implement the measures on prevention of emergency situations within their competences; b) Plan and implement relevant measures to ensure safe operation of the enterprise and safety of the personnel during emergency situations; c) Create adequate forces and means (on the basis of the exiting or additional personnel) for the purpose of prevention of emergency situations and elimination of their consequences and ensure their preparedness during emergency situations; d) Inform the authorized bodies on the threat of emergency situation; 6 e) Ensure organization of firefighting-rescue and other urgent operations during emergency situations in subordinated facilities and surrounding territories in accordance with the National Response Plan; f) Take part in elimination of the consequences of emergency situations in accordance of the rule established by the Georgian legislation; g) Fulfill other duties and obligations related to emergency situations in accordance with the Georgian legislation. Article 16. Use of military forces for elimination of the consequences of emergency situations The relevant sub-divisions of the military forces of Georgia can be used for elimination of the consequences of emergency situations on the basis of the resolution of the President of Georgia in accordance with the Georgian legislation. Chapter IV Rights and responsibilities of the Georgian citizens, citizens of foreign countries and persons without citizenship in the field of protection of the population and the territory from emergency situations Article 17. Rights of the Georgian citizens, citizens of foreign countries and persons without citizenship The Georgian citizens, citizens of foreign countries and persons without citizenship shall have the right to: a) insure their lives, health and property from emergency situations on a voluntary basis in accordance with the rule established by the Georgian legislation; b) use the means of personal and collective means of protection during emergency situations in accordance with the National Response Plans, as well as to use the property of the bodies and legal persons of state governance of Georgia, Autonomous Republics of Achara and Abkhazia and local self-governance. The property of the legal persons of private law may be used only by the State through adequate remuneration on the basis of the agreement specified by the paragraph 4 of the Article 13 of this Law; c) receive the information on the risks of being on the specific territory of Georgia and required safety measures; d) take part in measures of prevention of emergency situations or elimination of their consequences in accordance with the Georgian legislation and within their competences; e) become members of voluntary rescue units and learn the main methods of protection of the population and the territory during emergency situations. Article 18. Responsibilities of the Georgian citizens, citizens of foreign countries and persons without citizenship The Georgian citizens, citizens of foreign countries and persons without citizenship shall: a) meet the requirements specified by the Georgian legislation in the field of protection of the population and the territory from emergency situations; b) observe safety precautions in everyday life and at work, as well as industrial and environmental safety requirements; c) observe the rules of procedure established for emergency situations; d) assist rescuers in implementation of accident-rescue and other urgent works to the extent possible if necessary; 7 e) fulfill other duties and obligations related to emergency situations in accordance with the Georgian legislation. Chapter V Preparedness and education of the population in the field of protection of the population and the territory from emergency situations Article 19. Preparedness of the population in the field of protection of the population and the territory from emergency situations The bodies of state governance of Georgia, Autonomous Republics of Achara and Abkhazia and local self-governance shall ensure preparedness of the population in the field of protection of the population and the territory from emergency situations within their competences. Article 20. Educational campaign in the field of protection of the population and the territory from emergency situations 1. 2. Educational campaign in the field of protection of the population and the territory from emergency situations shall be ensured by the bodies specified in the subparagraph f of the Article 1 of the Law. Means of mass media (printed and electronic media, including internet) can be used for the purpose of educational campaign in the field of protection of the population and the territory from emergency situations. Chapter VI Rules of provision of financial and logistic support in the field of protection of the population and the territory from emergency situations Article 21. Funding of the bodies of state governance of Georgia, Autonomous Republics of Achara and Abkhazia and local self-governance The bodies of state governance of Georgia, Autonomous Republics of Achara and Abkhazia and local self-governance authorized to solve the issues of protection of the population and the territory from emergency situations shall be funded from the state budget of Georgia, budgets of the Autonomous Republics of Achara and Abkhazia and local budgets accordingly. Article 22. Measures on elimination of the consequences of emergency situations and targeted funding 1. 2. 3. Measures on elimination of the consequences of emergency situations shall be funded at the expense of those natural and legal persons which are actual owners of a territory where the emergency situation is created due to their own fault, as well as through the state budget of Georgia, budgets of the Autonomous Republics of Achara and Abkhazia and local budgets, insurance funds and other sources allowed by the Georgian legislation. If the funds mentioned in the paragraph 1 of this Article are not sufficient for elimination of the consequences of the emergency situation the required funding can be provided from the reserve funds in accordance with the rule established by the Georgian legislation. Targeted programs of protection of the population and the territory from emergency situations shall be funded in accordance with the Georgian legislation. 8 Chapter VII State expertise and Safety Declaration in the field of protection of the population and the territory from emergency situations. Liability for the violation of this Law Article 23. State expertise in the field of protection of the population and the territory from emergency situations State expertise in the field of protection of the population and the territory from emergency situations shall be carried out in accordance with the rule established by the Minister of Internal Affairs of Georgia. Article 24. Safety Declaration in the field of protection of the population and the territory from emergency situations The Safety Declaration shall be used in the field of protection of the population and the territory from emergency situations to resolve the issues assigned to the United System. Article 25. Liability for the violation of this Law Violation of the requirements of this Law shall invoke liability in accordance with the Georgian legislation. Chapter VIII International agreement s of Georgia in the field of protection of the population and the territory from emergency situations Article 26. International agreement s of Georgia in the field of protection of the population and the territory from emergency situations 1. 2. 3. Commitments undertaken by Georgia under international agreements regarding provision of information about emergency situations, international response and cooperation shall be incorporated in the National Response Plan. Request for international assistance during emergency situation, as well as application for participation in international response on emergency situation shall be made by the Georgian Government in accordance with the international agreements. The rule of making the above request and application shall be specified in the National Response Plan. If the international agreements to which Georgia is a party establish the rules which are not considered by the Georgian legislations, the rules set by the international agreements shall be applied. Chapter IX Transitional provisions Article 27. Regulations to be adopted with enactment of this Law Within 6 months after enactment of this Law the Government of Georgia shall issue the resolutions: a) on approval of the regulations on the rule of classification of emergency situations; b) on approval of the regulations of the Governmental Commission of Emergency Management; c) on approval of the charters of the emergency situations management entities and firefightingrescue forces. Chapter X 9 Final provision Article 28. Enactment of the Law This Law shall be enacted upon publication President of Georgia M. Saakashvili Tbilisi June 8, 2007 №4922–Is 10