Product Safety and Free Movement Code

Machine translation. This text was translated from Georgian automatically and may contain inaccuracies. Only the Georgian text is legally binding: the original on legali.ge · the official publication on matsne.gov.ge. Translation of the consolidated version of 12.06.2025.

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Type of act
Law of Georgia
Number
№6157-Iს
Date adopted
08.05.2012

Text of the document

📑 Contents (138 articles)

Law of Georgia

Product Safety and Free Movement Code

Chapter I. General Provisions

Article 1. Purpose of the Code🔗

The purpose of this Code is:

a) protection of human life, health, property and the environment;

b) placement on the market and free movement of safe products;

c) ensuring and promoting competition in the process of movement and placement of products on the market;

d) ensuring compliance with the rules of operation of facilities posing increased technical risk through state supervision and control;

e) introduction of an inspection system based on risk analysis and assessment;

f) establishment of a system of technical inspection of facilities posing increased technical risk and creation of a legal basis for the activities of inspection bodies;

g) separation of the powers of the Legal Entity of Public Law − Technical and Construction Supervision Agency and inspection bodies in the spheres of operation and control of facilities posing increased technical risk;

h) ensuring the implementation of construction activities in full compliance with the requirements established by technical regulations in the construction sphere and the legislation of Georgia;

i) introduction of best practice in the spheres of standardization, metrology, accreditation and conformity assessment and approximation with European Union legislation.

Article 2. General Principles of the Code🔗

1. This Code is based on the following general principles:

a) extension by the state of mandatory safety requirements established by it only to the regulated sphere. In another sphere, the entrepreneur himself has the right to choose and satisfy safety requirements;

b) ensuring placement on the market of safe products with minimally necessary regulation;

c) uniform and non-discriminatory approach for products with similar characteristics when placed on the market;

d) priority of international and European standards in the sphere of standardization;

e) allowing technical barriers to trade only for the protection of human health, safety and the environment in the cases determined by this Code;

f) management according to international and European systems of accreditation and conformity assessment (CA);

g) promotion of the development of quality infrastructure and the market supervision system.

2. The regulatory mechanisms of this Code are: ensuring product safety, harmonization of technical norms and reduction of non-tariff barriers to trade.

3. A product manufactured in compliance with the requirements of the New and Global Approach directives adopted/approved by the European Commission, in accordance with this Code, satisfies the basic safety requirements.

4. The operation of this Code does not extend to a product specially manufactured for police and/or military purposes.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 3. Admission of a product to the market without restriction🔗

1. A product assigned to a regulated field, which is manufactured in a country with appropriate product safety standards and developed quality infrastructure, in accordance with its legislation, shall be placed on the market without restriction. The list of such countries shall be determined by the Government of Georgia.

2. If the specific safety requirements of any product intended for placing on the market are not regulated by a technical regulation, the requirements established by Chapters II and III of this Code shall apply to this product.

3. In a regulated field, a product whose safety characteristics are substantially changed shall be considered a new product, and it shall comply with the requirements of the technical regulation in accordance with this Code when placed on the market and/or put into operation, unless otherwise provided by the technical regulation.

[

Article 3¹. National Strategy for Market Surveillance🔗

1. The National Strategy for Market Surveillance determines the priorities, goals and objectives of the policy for carrying out market surveillance of products assigned to the regulated field, and also formulates approaches for implementing the set goals and objectives.

2. The Ministry of Economy and Sustainable Development of Georgia shall ensure the development of the National Strategy for Market Surveillance at least once every 4 years. (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 4. Definition of terms🔗

1. Product – any movable thing and services related to this thing, even if this thing is a component part of another movable or immovable thing. For the purposes of this Code, "thing" does not include primary food products and products obtained as a result of hunting. "Product" also includes goods placed on the market, regardless of whether they are intended directly for the final consumer, which are supplied or otherwise made available for commercial or non-commercial purposes.

2. Safe product – a product which, when used as intended, with reasonable use and observance of the shelf life, does not contain a risk, or contains only the minimal risk deemed permissible taking into account the protection of human safety and health. The possibility of ensuring a higher level of safety or the availability of another product containing less risk is not a ground for considering a product a dangerous product.

3. Dangerous product – a product which does not comply with the definition of "safe product" given in paragraph 2 of this Article.

3¹. Pyrotechnic composition – a combustible composition not capable of detonation, which in the process of combustion converts combustion products (aerosol, smoke) into thermal, light and mechanical energy to create various special effects (including optical, acoustic effects).

32. Pyrotechnic article – an article of pyrotechnic composition, the import, export, production and/or sale of which is permissible only by a natural/legal person holding the relevant permit/licence and which is intended for creating light, sound, smoke and combined effects (including stage effects) during special works, as well as during mass, festive (celebratory) events.

4. Manufacturer:

a) the manufacturer of a finished product, raw material or component part of a product, the processor of a product, as well as any other person whose name, trade or other distinguishing mark is placed on the product and who presents himself as the manufacturer of this product;

b) the representative of a foreign manufacturer operating on the territory of Georgia, and/or the person placing the product on the market, if the foreign manufacturer does not have a representative in Georgia;

c) a person who, within the scope of his activity, supplies the market with a product and whose activity may influence the safety characteristics of the product placed on the market.

5. Distributor – a person who, within the scope of his activity, supplies the market with a product and who, in the case of observance of appropriate conditions in respect of the product, does not influence the safety characteristics of the product.

6. Authorised representative − a person authorised by the manufacturer, to whom an authorised person may apply instead of the manufacturer in connection with the requirements of a technical regulation.

[ 4. Manufacturer − any natural person or legal person who produces a product or places it on the market under his own name or his own trade mark.

5. Distributor – any natural person or legal person involved in the supply chain who, within the scope of his/her activity, supplies the market with a product and is not a manufacturer or importer.

6. Authorised representative − a natural person or legal person authorised by the manufacturer who acts on the basis of a written power of attorney issued by the manufacturer, in the name of the manufacturer, for the performance of certain obligations defined by this Code and/or the relevant technical regulation. An authorised person may address the authorised representative instead of the manufacturer in relation to the requirements of the technical regulation. (shall enter into force from 1 June 2026)

7. Importer/person responsible for placing the product on the market − a person who is responsible for placing a product manufactured in another country on the market.

8. Placing on the market – supply of a product on the market in the territory of Georgia, except for free industrial zones, by way of production, import, lease, leasing or otherwise, for commercial or non-commercial purposes.

[ 8. Placing on the market – ensuring the initial availability of a product in the territory of Georgia (except for free industrial zones), including by way of import, for commercial and/or non-commercial purposes.

8¹. Making available on the market − any type of supply of a product in the territory of Georgia within the scope of commercial activity, for the purpose of distribution or use/consumption, for consideration or free of charge. (shall enter into force from 1 June 2026)

9. Putting into service − the first use of a product in Georgia. If the commencement of the operation of a product is regulated by the legislation of Georgia, putting into service may be subject to additional technical requirements.

10. The following shall not be considered as placing on the market where:

a) the manufacturer has supplied the product to its own representative office;

b) the product is supplied for the purpose of further refinement (for example, assembly, packaging, processing or labelling);

c) the product is not in the customs territory of Georgia;

d) the product is manufactured in Georgia for the purpose of export to another country;

e) the product is intended for demonstration;

f) the product is placed in the customs territory of Georgia for the purpose of storage and is not available to the consumer, unless otherwise provided for storage by the relevant technical regulation.

11. Technical documentation − the necessary information provided for by the technical regulation on the product and designs, production and operation.

12. Conformity assessment (CA) − a process which confirms that the specific requirements relating to a product, service, process, natural person (personnel) or organisation are satisfied.

13. Object of conformity assessment – a product, service, process, natural person (personnel) or organisation in respect of which the conformity assessment (CA) is applied/performed.

14. Conformity assessing person – a legal entity that carries out conformity assessment (CA), including calibration, testing, certification and inspection. In a regulated field, conformity assessment (CA) is carried out by an accredited conformity assessing body or another body directly defined by law.

15. Regulated field – a field defined by law which directly establishes the objects whose conformity assessment is mandatory.

16. Product recall – an action aimed at the return of a dangerous product which has already been supplied by the manufacturer or distributor or is otherwise available to the consumer.

17. Product withdrawal – an action aimed at the cessation of the distribution, offering to the consumer or supply of a dangerous product.

[ 16. Product recall – an action aimed at the return of a product which has already been supplied or is otherwise available to the consumer.

17. Product withdrawal – an action aimed at the prevention and/or cessation of the availability on the market of a product existing in the supply chain. (shall enter into force from 1 June 2026)]

18. New Approach technical regulation − a technical regulation adopted on the basis of a directive of the European Commission corresponding to the New and Global Approach. The names of the New Approach technical regulation and the corresponding standards are published by a Legal Entity of Public Law − the National Agency of Standards and Metrology of Georgia.

19. International System of Units (SI) – the international system of measurement units recommended and adopted, in accordance with the Metre Convention, by the General Conference on Weights and Measures.

20. Pre-packaged goods – packaged goods whose packaging indicates their quantity, which corresponds with a certain accuracy to a pre-selected nominal value and which cannot be changed without opening the packaging or visible damage.

21. Suspension of the sale of a product − temporary suspension of the sale of a product for the purpose of eliminating a detected non-conformity.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Law of Georgia of 13 December 2024 No. 173 – website, 29.12.2024.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Chapter II. Liability for placing a defective product on the market

Article 5. Definition of terms🔗

For the purposes of this Chapter, the terms have the following meaning:

a) defective product – a product that does not satisfy such safety requirements as a person may expect from it:

a.a) taking into account the general presentation of the product;

a.b) under conditions of normal use;

a.c) taking into account the requirements existing at the time when the product was placed on the market;

b) damage – a result arising from non-compliance with product safety requirements, which caused:

b.a) injury to the health of a natural person or death;

b.b) damage to or destruction of any part of property, except for the defective product itself, the value of which exceeds 300 GEL.

Article 6. Liability of the manufacturer🔗

1. The manufacturer shall be liable for damage caused by a defective product placed on the market by him.

2. If the manufacturer cannot be traced, even if his name is indicated on the product, the person who actually placed the product on the market shall be considered the manufacturer of this product, except where he, within a reasonable time, notifies the injured person of the location of the manufacturer or of the person who supplied the product to him.

3. The burden of proof of establishing damage shall be borne by the injured person. The injured person shall also be obliged to prove the causal link between the defective product and the damage caused.

4. If two or more persons are liable for causing the same damage, they shall be liable jointly and severally, with apportionment of liability in shares in accordance with the legislation of Georgia.

5. The manufacturer shall be released from liability if he proves that he satisfies the requirements of paragraphs 2 and 3 of Article 8 of this Code.

6. A defective product may be placed on the market if the supplier has clearly informed the consumer that it is defective.

7. The manufacturer shall also be liable where the damage is caused simultaneously by the defective product and by the act of a third person.

8. The manufacturer's liability may be reduced or excluded if, in the presence of certain circumstances, the damage was caused both by the defect of the product and by the incorrect act of the injured person, or by a person for whom the injured person is responsible.

Article 7. Limitation period for compensation for damage🔗

1. The limitation period for a claim for compensation for damage is 3 years. The period shall start running from the moment when the injured person learned or should have learned that damage had been caused and, at the same time, he identified the damage, the defect and the manufacturer.

2. The injured person shall have the right to claim compensation for damage within 10 years from the moment the product causing the damage was placed on any market, except where the injured person brought an action before the court against the manufacturer during this period.

Article 8. Exemption from the manufacturer's liability🔗

1. The manufacturer's liability may not be limited or excluded by other legislative acts.

2. The manufacturer shall not be liable for causing damage if it proves that:

a) it has not placed the product on the market;

b) the defect which caused the damage did not exist at the time the product was placed on the market;

c) the product was not intended for placing on the market, or for distribution in any form, or the product was not produced/distributed by it during the period of its manufacturing activity;

d) the defect resulted from the product's compliance with the requirements of the technical regulation;

e) the scientific or technical knowledge at the time the product was put into circulation was not such as to enable the manufacturer to detect the defect;

f) in the case of the manufacturer of a component part of the product, the defect is caused by the design of the product in which that part is incorporated, or on the basis of an instruction given by the manufacturer which uses that part in its product.

3. The manufacturer shall not bear liability for placing a defective product on the market if that product has not caused damage.

Chapter III. General requirements for product safety

Article 9. Ensuring the safety of a product placed on the market🔗

1. The manufacturer shall be obliged to place only a safe product on the market.

2. The manufacturer shall be obliged, within the scope of its competence, to warn the consumer about the apparent or non-apparent risk contained in the product when used as intended and during the predetermined period. If the manufacturer is able to avoid such risk, it shall be obliged to take all measures to avoid such risk.

3. The manufacturer shall be obliged to act with due care to ensure compliance with the basic requirements for product safety.

4. The manufacturer shall not distribute a product which, on the basis of the information and knowledge available to it, does not comply with the mandatory safety requirements.

5. The distributor shall, within the scope of its activity, contribute to ensuring the safety of the product placed on the market.

6. The manufacturer and the distributor shall be obliged, within the scope of their competence, to cooperate with the authorised bodies in relation to the safety of a product which has been placed on the market or is intended to be placed on the market.

7. For the purposes of this Chapter, a product is not a reused product supplied as an antique, or a product which must be repaired or reworked before use, if the supplier has clearly informed the consumer thereof.

Article 10. Product safety assessment🔗

1. When assessing product safety, the following shall be taken into account:

a) the characteristics of the product, in particular, its composition, packaging, assembly and, where appropriate, installation and repair instructions;

b) the effect on other products, where within the scope of reasonable use it is foreseeable that it will be used together with this product;

c) the presentation of the product, labelling, warnings about the product, instructions for its use and disposal or any other information relating to this product;

d) the age categories of consumers who may be harmed by the use of this product.

2. A safe product may not be considered a dangerous product because of the achievement of a higher level of safety in the relevant field or the existence of a safer product.

Article 11. Placing a safe product on the market🔗

1. The manufacturer shall, within the scope of its competence, warn the consumer about the obvious or non-obvious risk contained in the product when used for its intended purpose and during the predetermined period, as well as about the risk that may not manifest itself immediately.

2. A warning does not release a person from compliance with the requirements established by the legislation of Georgia.

3. The manufacturer shall, within the scope of its competence, envisage the implementation of such measures in respect of the product as will make it possible to:

a) analyse the risk that the product may cause;

b) take appropriate measures to prevent the risk, including warning the consumer and recalling the product from the consumer and from the market.

4. The manufacturer shall provide the distributor with complete information about the risks related to the product, so that the distributor can provide this information to a third person.

5. If the manufacturer and the distributor know or, on the basis of the information and professional knowledge available to them, should have known that the product placed by them on the market contains a risk that does not comply with the safety requirements established by the legislation of Georgia, they shall immediately notify the relevant authorised body thereof and shall provide it with the following information:

a) data for the precise identification of the product or its batch/group;

b) complete information about the risks contained in the product;

c) complete information enabling the traceability of the product;

d) a description of the measures necessary to prevent the risk.

6. The manufacturer and the distributor shall, within the scope of their competence, cooperate with the relevant authorised body in the implementation of measures ensuring the prevention of the risk caused by the product supplied by them on the market.

Article 11¹. Placing of pyrotechnic products on the market🔗

1. Import, export, production and/or sale of pyrotechnic products shall be permitted only on the basis of the relevant permit/licence provided for by the legislation of Georgia.

2. The permit/licence provided for by paragraph 1 of this article shall be issued, in accordance with the procedure established by the legislation of Georgia, by the Legal Entity of Public Law operating in the field of governance of the State Sub-Agency Institution included in the field of governance of the Ministry of Internal Affairs of Georgia – the Emergency Situations Management Service – the State Reserves and Civil Safety Services Agency (hereinafter – the State Reserves and Civil Safety Services Agency), while supervision of the requirements established for the safety of pyrotechnic products shall be ensured by the administrative body determined by the Government of Georgia.

3. Only a person with specialised knowledge shall have the authority to purchase and use certain categories of pyrotechnic products defined by the technical regulation. The State Reserves and Civil Safety Services Agency shall issue a certificate confirming specialised knowledge. The procedure and conditions for issuing a certificate confirming specialised knowledge shall be determined by a Resolution of the Government of Georgia.

4. The procedure and conditions for placing pyrotechnic products on the market (including the division of pyrotechnic products into categories, the requirements established for their safety, as well as the rules for import, export, production, sale, labelling and use of pyrotechnic products) shall be determined by the technical regulation approved by the Government of Georgia.

5. The procedure and conditions for issuing a permit/licence for the import, export, production and/or sale of pyrotechnic products shall be approved by a Resolution of the Government of Georgia.

Law of Georgia No. 173 of 13 December 2024 – website, 29.12.2024.

Article 12. Information about the product🔗

1. The manufacturer/distributor shall provide the consumer with the necessary, truthful and complete information about the product, which will give him the opportunity to make a correct choice.

2. The consumer shall be provided with the following information about the product:

a) the name and type of the product;

b) the trade name and address of the manufacturer of the product, the name of the country where the product is manufactured;

c) where appropriate − the shelf life of the product (the last date of use of the product or the date of manufacture and the storage period), whose consumer properties deteriorate over time;

d) where appropriate − the weight and/or volume of the product;

e) where appropriate − the list of the main consumer properties of the product;

f) where appropriate − the rules and conditions for the effective and safe use of the product, as well as special storage conditions;

g) where stipulated by the manufacturer/distributor − the warranty period and/or other obligations;

h) the actions to be performed by the consumer after the expiry of the shelf life of the product and the consequences expected in case of their non-performance.

3. The information provided for by subparagraphs „a“−„f“ of paragraph 2 of this Article shall be in the Georgian language.

4. If the legislation of Georgia establishes additional or different requirements regarding the provision of information to the consumer, the requirements of the relevant act shall apply.

5. The manufacturer/distributor has the right to provide the consumer, for its entrepreneurial purposes, with more information than is provided for by this Article.

6. If the manufacturer sells the product with a warranty, it shall comply with the warranty terms, and the buyer is entitled to demand performance of the warranty terms. A warranty on the product does not release a person from the liability established by this Code for causing damage.

7. The operation of this Article extends also to the component parts of the product.

Article 13. General requirements for the employer, employee and manufacturer🔗

1. The employer shall take all necessary measures so that the product used at the workplace is safe.

2. On the basis of the relevant directions and instructions issued by the employer, the employee shall correctly use the machinery, equipment, other means of production and personal safety equipment.

3. The employee is generally responsible for taking care of his own and other persons' safety and health during the performance of work.

4. The manufacturer shall be liable for the safety of the final product also in the case where the product or its component parts are produced by another manufacturer.

5. The manufacturer shall be liable for the actions of the authorised representative related to placing the product on the market.

6. At the request of the consumer, the seller shall provide him with information related to the safety of the product.

7. The consumer has the right to protect his rights in court or in the relevant state body in accordance with the legislation of Georgia.

[Chapter III¹. Market SurveillanceLaw of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13¹. Scope of regulation🔗

1. This Chapter regulates the issues of exercising surveillance over products placed on the market of Georgia for which requirements are established by the relevant technical regulations and for which the Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia – the Market Surveillance Agency (hereinafter – the Market Surveillance Agency) is defined as the market surveillance authority.

2. This Chapter does not regulate the issues of exercising surveillance over products to which the Code of Food/Animal Feed Safety, Veterinary and Plant Protection applies.

3. The operation of this Chapter applies to both products manufactured in Georgia and imported products.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13². Definition of terms🔗

1. For the purposes of this Chapter, the terms used herein have the following meanings:

a) market surveillance – a set of actions carried out and measures taken by the market surveillance authority, which aims to ensure the compliance of products with the requirements established by Georgian legislation and the protection of human life, health, property and/or the environment;

b) market surveillance authority – the Market Surveillance Agency;

c) non-compliance – violation of a requirement/requirements established by this Code and/or the relevant technical regulation;

d) economic operator/operators – the manufacturer, authorised representative, importer, distributor and person(s) supplying the product directly to the user, as defined by Article 4 of this Code, who is/are responsible for product safety;

e) corrective action – any action taken by an economic operator on its own initiative or at the request of the market surveillance authority to eliminate non-compliance;

f) voluntary measure – the taking of corrective measures by an economic operator on its own initiative, without a request from the market surveillance authority;

g) risk – the combination of the probability of the occurrence of a hazard causing harm and the severity of that harm;

h) product presenting a hazard – a product which, when used as intended and in a reasonable manner, and while observing the shelf life, poses a hazard to human life, health, property and/or the environment;

i) product presenting a serious hazard – a product which, when used as intended and in a reasonable manner, and while observing the shelf life, poses a serious hazard to human life, health, property and/or the environment and requires urgent intervention by state bodies, including where the risk does not have immediate consequences;

j) confirmed hazard – information received as a result of a technical inspection/testing of a sample of a product placed on the market by a duly accredited laboratory or a laboratory recognised in accordance with Georgian legislation, or by the Market Surveillance Agency, and/or from the customs authority of Georgia and/or another country, or from the market surveillance authority, or through an international/regional system for sharing information on hazards related to products, to the effect that the use/operation of the product poses a hazard to human life, health, property and/or the environment;

k) documentary inspection – verification by the Market Surveillance Agency, within the framework of market surveillance, of the compliance of product-related documents with Georgian legislation;

l) technical inspection – technical inspection/testing of a product sample to determine the compliance of the product with Georgian legislation;

m) inspection report − a document reflecting the results of a technical inspection and/or documentary inspection carried out by the Market Surveillance Agency within the framework of market surveillance, which also contains the results of control over the implementation of the resolutions determined by paragraph 11 of Article 13⁶ of this Code and the time limits for eliminating non-compliance (if any);

n) restrictive measure − a decision of the market surveillance authority on the suspension of the sale of a product, its withdrawal from the market and/or its recall;

o) consumer − any natural person or legal entity to whom a product has become available as to a consumer, for personal use and/or for the performance of industrial/professional activity.

2. For those terms used in this Chapter that are not defined in this Article, the definitions of the same terms used in this Code shall apply.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13³. Market surveillance authority🔗

1. The Market Surveillance Agency shall be the market surveillance authority for those products placed on the market of Georgia for which the Market Surveillance Agency is defined as the market surveillance authority by the relevant technical regulation.

2. The market surveillance authority shall exercise its powers in compliance with the principle of proportionality, independently, objectively and impartially.

3. In order to achieve the objectives defined by the legislation of Georgia and to perform the functions assigned to it, the market surveillance authority shall cooperate with the bodies of the legislative and executive authorities of Georgia, the relevant international and European organisations and the market surveillance authorities of other countries.

4. The structure, powers, rules of activity and other organisational matters of the market surveillance authority shall be determined by the statute of the Market Surveillance Agency, which shall be approved by the Minister of Economy and Sustainable Development of Georgia.

5. The sources of funding of the market surveillance authority shall be:

a) targeted funds allocated from the State Budget of Georgia;

b) targeted grants;

c) other income permitted by the legislation of Georgia.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13⁴. Implementation of product supervision on the market of Georgia🔗

1. Product supervision on the market of Georgia shall be carried out in accordance with this Chapter and the rules for the implementation of market supervision, suspension of product sale, withdrawal from the market, recall and destruction, and the rules for determining the categories of product-related threat, which are approved by normative acts of the Government of Georgia.

2. Product supervision on the market of Georgia shall be carried out:

a) according to a plan developed by the market supervision body based on risk analysis;

b) if the market supervision body has reasonable suspicion or information about product-related risk, in particular, that the use of the product may pose a threat to human life, health, property and/or the environment;

c) if the market supervision body has information that a product placed on the market does not comply with the requirements established by this Code and the relevant technical regulation.

3. Product supervision on the market of Georgia shall be carried out by documentary inspection and/or technical inspection.

4. Documentary inspection of a product shall be carried out on the basis of a request of the market supervision body by providing it with the product-related documents defined by the legislation of Georgia, and its results shall be recorded in an inspection protocol.

5. Technical inspection of a product placed on the market shall be carried out by technical inspection/testing of a product sample, and its results shall be recorded in an inspection protocol.

6. When carrying out product supervision on the market of Georgia, the market supervision body shall be entitled to inspect both all characteristics of the product and a specific component of the product or the characteristic in respect of which it has information and/or reasonable suspicion about risk.

7. The market supervision procedures defined by the legislation of Georgia may be carried out both in the customs control zone of Georgia and at the places of production, warehousing, storage and sale of the product.

8. The market supervision body shall be entitled to request the transfer to it of a sample/samples of the product in respect of which it has information and/or reasonable suspicion that the product may pose a threat to human life, health, property and/or the environment, in the quantity necessary for carrying out the supervision provided for by paragraph 1 of this Article.

9. The operation of paragraph 8 of this Article shall not apply to a product which, due to its physical characteristics and/or other qualitative characteristics, cannot be sampled. By decision of the market supervision body, this product may be inspected on site.

10. The market supervision body shall be entitled to independently carry out a covert purchase of a product subject to supervision, if this will contribute to the effective detection and identification of a threat.

11. If the Legal Entity of Public Law within the governance sphere of the Ministry of Finance of Georgia – the Revenue Service (hereinafter – the Revenue Service) has information on the importation into the territory of Georgia of a product in respect of which there is a confirmed risk, it shall be obliged to take all possible measures to prevent the importation of this product into the territory of Georgia and shall immediately notify the market surveillance authority thereof in order to implement the market surveillance measures provided for by the legislation of Georgia.

12. The market surveillance authority is entitled, in order to implement market surveillance measures, in the presence of reasonable doubt and/or on the basis of risk analysis, to apply to the Revenue Service regarding the suspension of the product. The Revenue Service shall be obliged to suspend the product for the period determined by the legislation of Georgia for the inspection of the product and shall not allow the placing of such product on the market of Georgia by way of import.

13. If it is established that the product does not comply with the requirements established by this Code and/or the relevant technical regulation, and/or there is a confirmed risk in relation to it, the Revenue Service shall be obliged not to allow the placing of such product on the market of Georgia by way of import.

14. If, within the period established by the customs legislation of Georgia, it is not possible to determine release for free circulation (import) or another customs procedure/re-export, by decision of the customs authority, the measures for the disposal of goods provided for by Chapter XV of the Customs Code of Georgia shall be carried out in respect of the product at the expense of the owner/importer of the goods.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13⁵. Obligations of the Economic Operator🔗

1. The economic operator shall meet the requirements established by the legislation of Georgia for product safety and placing on the market, including by this Article.

2. The economic operator shall, in the process of carrying out market surveillance, cooperate with the market surveillance authority and ensure the admission of a representative of the market surveillance authority to the places of production, warehousing, storage and sale of the product.

3. The economic operator shall, when placing the product on the market and/or ensuring its availability, make sure that the product complies with the requirements established by the relevant technical regulation and that the relevant technical documentation has been drawn up. The economic operator shall also ensure the retention of the said documentation for the period specified by the same technical regulation for submission to the market surveillance authority.

4. The economic operator shall, in compliance with the requirements established by the relevant technical regulation, indicate its own name, registered trade name or registered trademark, as well as contact information, including a postal address, on the product, its packaging or the accompanying documentation.

5. Upon request of the market surveillance authority, the economic operator shall provide it with the documents and information related to the product, as defined by the legislation of Georgia, including information on the economic operators involved in the supply chain of the product on the market.

6. If the economic operator has information or reasonable suspicion that the product which it has made available on the market does not comply with the requirements established by the legislation of Georgia, it shall immediately take all necessary corrective actions, as a voluntary measure, in order to prevent risks related to the product.

7. If the product presents a risk, the economic operator shall immediately notify the market surveillance authority thereof and provide it with relevant information, including information on non-compliances and all corrective actions taken.

8. Upon request of the market surveillance authority, the economic operator shall provide it with a product sample/samples. The costs incurred for the purchase of the said product sample/samples shall be reimbursed by the market surveillance authority, except when the taking of the product sample/samples occurs in the customs control zone of Georgia.

9. If, as a result of the inspection of the product sample/samples and laboratory testing, it is established that the product does not comply with the requirements established for this product by the legislation of Georgia, the economic operator shall be obliged to fully reimburse the value of the product sample/samples, as well as the expenses incurred for the inspection of the product sample/samples and laboratory testing, within 30 days from the delivery to it of a proper request by the market surveillance authority, and to submit to the market surveillance authority a receipt confirming payment within 5 days from the payment. This receipt may also be submitted in electronic form.

10. If the product poses a threat to human life, health, property and/or the environment, upon the request of the market surveillance authority, the economic operator shall be obliged to ensure the destruction of this product, its rendering unusable in another manner, export, or processing in such a manner that the product no longer poses a threat. The economic operator shall be obliged to carry out the said actions at its own expense, in accordance with the procedure established by the legislation of Georgia, and to submit evidence confirming their implementation to the market surveillance authority within the time period determined by that authority itself.

11. The authorised representative (if any) shall, on the basis of a written power of attorney issued by the manufacturer, have been granted the authority to perform the tasks defined by this Article. Upon the request of the market surveillance authority, the authorised representative shall submit to it a copy of the document confirming the said authority.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13⁶. Restrictive Measures🔗

1. If the market surveillance authority has information that any product and/or series of products manufactured by a specific manufacturer does not comply with the requirements established for this product by Georgian legislation and/or there is a confirmed hazard in relation thereto, it is authorised, in accordance with the non-compliance with the requirements established by Georgian legislation/the confirmed hazard, to immediately require the economic operator to suspend the sale of the product/products, withdraw it from the market, recall it and/or destroy it at the expense of the economic operator.

2. If an inspection reveals a documentary non-compliance and/or technical non-compliance that does not pose a hazard to human life, health, property and/or the environment, administrative liability provided for by Article 13¹¹ of this Code shall be imposed on the economic operator. The market surveillance authority is authorised to set a reasonable period for the economic operator to eliminate the non-compliance. This period shall not exceed 30 days. If the economic operator fails to eliminate the non-compliance within this period, the market surveillance authority is authorised to require it to suspend the sale of the product until the non-compliance is eliminated. In the event of elimination of the non-compliance, the economic operator shall notify the market surveillance authority thereof. The market surveillance authority shall verify the fact of elimination of the non-compliance.

3. If the product does not comply with the safety requirements established by the relevant technical regulation and, at the same time, poses a hazard to human life, health, property and/or the environment, administrative liability provided for by Article 13¹¹ of this Code shall be imposed on the economic operator, and the market surveillance authority shall adopt a decision on withdrawal of the product from the market.

4. If the product does not comply with the safety requirements established by the relevant technical regulation and, at the same time, poses a serious hazard to human life, health, property and/or the environment and/or, after sale, at the stage of use, retains such hazard, administrative liability provided for by Article 13¹¹ of this Code shall be imposed on the economic operator, and the market surveillance authority shall adopt a decision on recall of the product.

5. The category of hazard related to the product shall be determined based on risk analysis, as a result of assessment of the probability of occurrence of harm and the severity of that harm, in accordance with the rules for determining categories of hazards related to products. The possibility of ensuring a higher level of safety or the availability of another product containing less risk is not a ground for considering the product to be a hazardous product.

6. Decisions provided for by paragraphs 2–4 of this article shall be adopted in the form of resolutions. Their execution shall be mandatory. If service of this resolution on its addressee is not possible, this resolution shall be considered served immediately upon its publication on the website of the market surveillance authority. Appealing this resolution shall not suspend its enforcement. The procedure for public publication of the said resolution shall be determined by a Resolution of the Government of Georgia.

7. If a product poses a threat to human life, health, property and/or the environment, the market surveillance authority shall be entitled, in order to enforce a resolution on the withdrawal and/or recall of the product from the market, to instruct the economic operator to destroy this product, to render it otherwise unusable, to export it or to process it in such a manner that the product no longer poses a threat to human life, health, property and/or the environment.

8. By a resolution on the withdrawal and/or recall of a product from the market, the economic operator shall be set a reasonable time limit, depending on the complexity and difficulty of the said process. The economic operator shall be obliged to notify the market surveillance authority in writing of the completion of the process of withdrawal, recall or destruction of the product. Before the expiry of the time limit set for the withdrawal, recall or destruction of the product, the economic operator shall be prohibited from selling the product.

9. In the event of non-compliance by an economic operator with a resolution on the suspension of sale, withdrawal and/or recall of a product from the market, the market surveillance authority shall be obliged, within a reasonable time, to re-inspect the economic operator's compliance with this resolution. If, during the re-inspection of compliance with the said resolution, it is found that the economic operator has not fulfilled the obligations determined by the resolution, it shall be subject to administrative liability in accordance with this Code.

10. In the event of repeated non-compliance with a resolution of the market surveillance authority on the withdrawal of a product from the market, after the imposition on the economic operator of the fine provided for by paragraph 2 of Article 13⁹ of this Code, the resolution on the withdrawal of the product from the market shall, after the expiry of the time limit determined by paragraph 8 of this article, be immediately referred for enforcement in accordance with the Law of Georgia "On Enforcement Proceedings", and an appropriate enforcement writ shall be issued in this regard.

11. The market surveillance authority shall exercise control over the execution of the resolutions provided for by paragraph 6 of this article.

12. The market surveillance authority shall be obliged to provide the public with information on a confirmed threat related to a product by publishing it on the website of the market surveillance authority or by other means of disseminating information.

13. The market surveillance authority is entitled to require an economic operator to provide information on a risk related to a product for the public. The sources of providing the public with information on a confirmed risk related to a product, as well as the methods and time limits for confirming the provision of this information, shall be determined for the economic operator by a Resolution of the market surveillance authority, based on an analysis of the expected risk and the risk of its spread.

14. The market surveillance authority shall provide the economic operator, and where necessary − also the customs authority, with information on a confirmed risk related to a product placed on the market and information on the measures to be taken to eliminate this risk.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13⁷. Obstruction by an economic operator of the market surveillance authority in the exercise of surveillance of a product placed on the market🔗

Obstruction by an economic operator of the market surveillance authority in the exercise of surveillance of a product placed on the market −

shall result in a fine of up to GEL 1,000.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13⁸. Failure by an economic operator to comply with a Resolution of the market surveillance authority on the suspension of the sale of a product/products🔗

1. Failure by an economic operator to comply with a Resolution of the market surveillance authority on the suspension of the sale of a product/products −

shall result in a fine of GEL 1,500 to GEL 3,000.

2. Repeated failure by an economic operator to comply with a Resolution of the market surveillance authority on the suspension of the sale of a product/products −

shall result in a fine of GEL 3,000 to GEL 5,000.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13⁹. Failure by an economic operator to comply with a Resolution on the withdrawal of a product/products from the market🔗

1. Failure by an economic operator to comply with a Resolution of the market surveillance authority on the withdrawal of a product/products from the market −

shall result in a fine of GEL 3,000 to GEL 5,000.

2. Repeated failure by an economic operator to comply with a Resolution of the market surveillance authority on the withdrawal of a product/products from the market −

shall result in a fine of GEL 5,000 to GEL 8,000.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13¹⁰. Failure by an economic operator to comply with a Resolution of the market surveillance authority on the recall of a product/products🔗

1. Failure by an economic operator to comply with a Resolution of the market surveillance authority on the recall of a product/products −

shall entail a fine of GEL 5,000 to GEL 7,000.

2. Repeated failure by an economic operator to comply with a Resolution of the market surveillance authority on the recall of a product/products −

shall entail a fine of GEL 7,000 to GEL 10,000.

Law of Georgia of 1 April 2026 No. 1447 – website, 3 April 2026.

Article 13¹¹. Failure by an economic operator to fulfil obligations related to product safety🔗

1. Placing on the market or making available on the market of a product which does not comply with the requirements established for the said product by the legislation of Georgia and does not pose a risk to human life, health, property and/or the environment, −

shall result in a fine of 1,000 GEL.

2. The same act committed by a manufacturer, authorised representative or importer, −

shall result in a fine of 1,500 GEL.

3. Placing on the market or making available on the market of a product which does not comply with the requirements established for the said product by the legislation of Georgia and poses a risk to human life, health, property and/or the environment, −

shall result in a fine of 2,000 GEL.

4. The same act committed by a manufacturer, authorised representative or importer, −

shall result in a fine of 3,000 GEL.

5. Placing on the market or making available on the market of a product which does not comply with the requirements established for the said product by the legislation of Georgia and poses a serious risk to human life, health, property and/or the environment, −

shall result in a fine of 3,000 GEL.

6. The same act committed by a manufacturer, authorised representative or importer, −

shall result in a fine of 4,000 GEL.

7. Failure by an economic operator to fulfil the obligation to provide the market surveillance authority with information determined by the legislation of Georgia, −

shall result in a fine of 500 GEL.

8. Repeated commission of an administrative offence provided for by this Article within 1 calendar year, −

shall result in a fine in the amount of double the fine determined for the commission of the corresponding administrative offence.

Note:

1. For the purposes of this Article, repeated commission of an administrative offence means the commission by the offender of the same administrative offence in respect of a product provided for by the relevant technical regulation, in violation of the requirements laid down by the said technical regulation, within 1 calendar year from the day on which the offender was held administratively liable for the commission of the said administrative offence.

2. A decision provided for by this Article shall be adopted in the form of a Resolution. If delivery of this Resolution to its addressee is not possible, this Resolution shall be deemed delivered on the 7th day after its publication on the website of the market surveillance authority. The procedure for public publication of the said Resolution shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13¹². Proceedings in a case of an administrative offence related to market surveillance🔗

1. In the event of committing an administrative offence provided for by Articles 13⁷–13¹¹ of this Code, the market surveillance authority shall draw up a protocol of the administrative offence.

2. When committing the administrative offence provided for by Article 13¹¹ of this Code, the protocol of the administrative offence may not be drawn up at the place of inspection. This protocol shall be handed over or sent to the offender, and if delivery to the addressee of this protocol is not possible, the said protocol shall be deemed delivered upon its publication on the website of the market surveillance authority. The procedure for public publication of the said protocol shall be determined by a Resolution of the Government of Georgia.

3. A case of the administrative offence provided for by Articles 13⁷–13¹⁰ of this Code shall be considered by a district (city) court.

4. Payment of the relevant fine provided for by Articles 13⁷–13¹⁰ of this Code shall not release the economic operator from the obligation to comply with the decision of the market surveillance authority.

5. A case of the administrative offence provided for by Article 13¹¹ of this Code shall be considered by the market surveillance authority.

6. The decision adopted in the case of the administrative offence provided for by Article 13¹¹ of this Code and the decision adopted by the market surveillance authority on suspension of the sale, withdrawal from the market and recall of the product/products shall be appealed to the common courts of Georgia in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 13¹³. Procedure for payment of a fine imposed for committing an administrative offence detected during the exercise of market surveillance by the market surveillance authority🔗

The relevant fine imposed in accordance with Articles 13⁷–13¹¹ of this Code shall be paid by the offender within 30 days from the delivery to him/her of the decision on the imposition of the fine. The offender shall submit the receipt confirming payment of the fine provided for by Article 13¹¹ of this Code to the market surveillance authority within 5 days from its payment. The receipt confirming payment of the fine may also be submitted in electronic form.

(shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Chapter IV. Technical risk control

Article 14. Scope of regulation🔗

1. This Chapter regulates facilities containing increased technical hazard and the processes related thereto, the production, construction, installation, storage, transportation, circulation, use and destruction of which involve the possibility of destruction, explosion, emission and intoxication and constitute an increased risk to human life, health, property and the environment.

1¹. This Chapter also regulates the issues of supervision of products placed on the Georgian market for which requirements are established by the relevant technical regulations and for which a Legal Entity of Public Law − the Market Supervision Agency − is defined as the market supervision body. This Chapter does not regulate the issues of supervision of those products to which the Food/Animal Feed Safety, Veterinary and Plant Protection Code applies.

[ 1¹. (Removed - 01.04.2026, No. 1447). (Shall enter into force from 1 June 2026)]

1². The terms and regulatory norms used in this Chapter shall apply to Class V buildings and structures.

2. In the field of supervision of construction activity, the operation of this Chapter extends to:

a) the activity of persons, as well as partnerships, in the course of which the construction, installation, dismantling of a building/structure, its elements, structural systems or joints and other construction works are carried out;

b) the customer (orderer) whose action caused violations in construction activity;

c) the owner or beneficiary of the construction land plot, if the person carrying out the construction has not been identified;

d) the owner or beneficiary of the building/structure, if the person carrying out the construction of the multi-apartment building has not been identified;

e) the owner whose reconstruction or demolition emergency building/structure's degree of emergency poses a direct threat to human life and/or health.

3. The operation of this Chapter does not extend to the following fields regulated by special legislation:

a) the fields defined by the Laws of Georgia "On Radiation Protection, Nuclear Safety and Security" and "On Radioactive Waste";

b) the field of activity assigned to the competence of the Ministry of Internal Affairs of Georgia;

b¹) (Removed - 22.12.2018, No. 4101);

c) the fields of safe implementation, supervision and control of oil and gas operations and natural hydrogen operations defined by the Law of Georgia "On Oil and Gas";

d) the field assigned to the competence of the Ministry of Defence of Georgia.

4. This Chapter does not regulate:

a) construction activity that does not require a construction permit;

b) those facilities and activities related to hazardous facilities the control of which is not envisaged by this Chapter;

c) issues related to Class I−IV buildings and structures defined by the Code of Spatial Planning, Architectural and Construction Activity of Georgia.

Law of Georgia of 11 November 2015 No. 4492 - website, 24.11.2015.

Law of Georgia of 27 June 2018 No. 2632 – website, 06.07.2018.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018

Law of Georgia of 20 July 2018 No. 3220 – website, 13.08.2018

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018

Law of Georgia of 22 December 2018 No. 4101 – website, 28.12.2018

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019

Law of Georgia of 16 June 2023 No. 3291 – website, 06.07.2023

Law of Georgia of 12 June 2025 No. 679 – website, 16.06.2025

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026

Article 15. Definition of terms🔗

For the purposes of this Chapter, the terms have the following meaning:

a) object containing increased technical hazard (hereinafter – object) – a technical article, unit, device, any combination thereof, building-structure, including an object of special importance, hazardous chemical substance/compound, hazardous waste or an object and process carrying out such activity, which contains a potential technical hazard and which, in the event of an accident or improper operation, may cause harm to human life, health, property and the environment;

b) increased technical hazard – the hazard contained by an object existing in civil circulation, as well as the process related to its creation and operation, the conduct, construction, installation, storage, transportation, circulation, use and destruction of which contains the hazard of collapse, explosion, emission and intoxication and is an increased risk to human life, health, property and the environment;

c) accident – breakdown, collapse, explosion or emission of an object, which causes human intoxication or death, or harms human health, the environment and material values;

d) non-compliance – damage, defect of an object, deviation from the proper technological process, which increases the risk of hazard, as well as violation of safety rules, which may be classified as non-essential, essential or critical non-compliance:

d.a) non-essential non-compliance – non-compliance which can be corrected without suspension of ordinary activity, which does not create a direct hazard to human life, health, property or the environment and which must be eliminated by the owner of the object;

d.b) essential non-compliance of degree I – non-compliance which must be corrected, but cannot be corrected immediately and which at the given moment does not create a life-threatening hazard, however in the future its non-correction will create a significant hazard to the life, health, property or the environment of a person directly connected with the object having the violation;

d.c) essential non-compliance of degree II – non-compliance which must be corrected, but cannot be corrected immediately and which at the given moment does not create a life-threatening hazard, however in the future its non-correction will create a significant hazard to the life, health, property or the environment of a person directly connected with the object having the violation and of a third person;

d.d) critical non-compliance of degree I – non-compliance which creates a significant hazard to the life, health, property or the environment of a person directly connected with the object having the violation and the immediate correction of which is mandatory;

d.e) critical non-compliance of degree II – non-compliance which creates a significant hazard to the life, health, property or the environment of a person directly connected with the object having the violation and of a third person and the immediate correction of which is mandatory;

e) inspection – for the purpose of market surveillance, the process of assessing the compliance of a facility with the requirements established by Georgian legislation, including technical regulations, which is carried out in the forms of technical inspection and documentary control, on the basis of professional assessment. The forms of inspection are:

e.a) technical inspection – on-site examination of a facility by an inspection body or another authorised body, which also includes determination of the facility's compliance with technical documents;

e.b) documentary control – analysis, assessment and appropriate response by the Legal Entity of Public Law – Technical and Construction Supervision Agency to the materials of technical inspection carried out by an inspection body;

f) inspection body – an independent person carrying out assessment of the compliance of a facility with the requirements established by Georgian legislation, which is registered in accordance with the Law of Georgia on Entrepreneurs and accredited by the Legal Entity of Public Law – Unified National Accreditation Body – Accreditation Centre in accordance with Georgian legislation, as well as another relevant authorised body;

g) technical specification of a facility – the technical specification of a facility includes:

g.a) identification data of the facility;

g.b) information on the owner of the facility;

g.c) information on the manufacturer/builder of the facility, if any;

g.d) main technical characteristics of the facility;

g.e) information on the location of the facility;

g.f) information on technical inspection carried out on the facility;

g.g) information on an accident that occurred at the facility;

g.h) other parameters established by the Government of Georgia, if any;

g.i) the permit number of a permit-requiring facility or the number of the relevant act, if any;

h) construction activity – the process of construction, installation, reconstruction and dismantling of a facility;

i) state supervision bodies over construction activity – the Legal Entity of Public Law – Technical and Construction Supervision Agency, the state supervision bodies over construction activity of the authorised institutions of the executive authority of the Autonomous Republics of Abkhazia and Adjara, and the bodies authorised to supervise construction activity of municipalities;

j) strength – the property of a construction product and structure, their connection joints, the foundation of a building/structure, and the soil to withstand, without failure, the design load indicators;

k) stability – the ability of a building/structure to maintain stable equilibrium under the influence of design loads;

l) reliability – performance by a building/structure, its engineering systems, and load-bearing structures of the functions provided for by the norms throughout the entire period of operation;

m) client – a natural or legal person, as well as a person with another organisational form determined by law, who orders works from a construction organisation;

n) Contractor – a legal or natural person who, on the basis of an order, performs design-survey and/or construction-installation works;

o) Beneficiary – a natural or legal person (except for a natural or legal person who, on the basis of a contractual relationship, has acquired the right of temporary use of a thing), who, in accordance with the Law of Georgia “On Public Registry”, has grounds for registration of the right of ownership and at the time of committing the construction offence has not registered this right;

p) Construction permit – a right granted by an authorised body, in the manner and form established by the legislation of Georgia, for a defined period, which is the legal basis for carrying out construction;

q) Construction offence – violation and/or non-fulfilment of the relevant requirements established by the legislation of Georgia, for which liability is provided for by this Chapter;

r) Proceedings in a construction offence case – proceedings conducted for the purpose of rectifying the construction offence and/or imposing on the offender the liability provided for by this Chapter;

s) Rectification of a construction offence – ensuring, on the basis of an instruction and/or resolution of the state supervision body for construction activity, that the construction carried out by the offender complies with the requirements of the construction document and/or construction regulation, which does not require a construction permit;

t) (deleted – April 1, 2026, No. 1447);

u) Construction document – a document containing textual and graphic information and which is the basis for issuing a construction permit and for carrying out construction;

v) Special construction regulation zone – those parts of the territories within the administrative boundaries of the capital of Georgia, the capitals of the Autonomous Republics of Abkhazia and Adjara, and resort and recreational zones, which are determined by a Resolution of the Government of Georgia;

w) Instruction – a remark on non-compliance and a demand issued by the Legal Entity of Public Law – Technical and Construction Supervision Agency to the offender in respect of construction activity, which determines a reasonable period within which the offender must fulfil the conditions set out in the instruction in order to rectify the construction offence;

x) Inspection report – a document reflecting the results of a technical inspection carried out by the Legal Entity of Public Law – Technical and Construction Supervision Agency or another inspection body, which contains the results of the inspection and the conformity assessment data;

y) Technical certificate – a document issued by an inspection body confirming the compliance of the facility with the established requirements;

z) Monitoring list – a list of facilities with critical non-compliance, which is drawn up by the Legal Entity of Public Law – Technical and Construction Supervision Agency and in respect of the facilities included therein carries out monitoring until the critical non-compliance is eliminated;

aa) similar type of non-compliance − violations existing in relation to similar type of electrical and mechanical machines and equipment, mechanisms and devices located on the objects, as well as in relation to similar technological processes;

bb) confirmed threat − information received through the performance of a technical inspection of a sample of a product placed on the market by a relevant accredited laboratory or a laboratory recognised in accordance with the legislation of Georgia or by a Legal Entity of Public Law − the Market Surveillance Agency, and/or from the customs authority of Georgia and/or another country/market surveillance authority, or through an international/regional system for the sharing of information on a threat related to a product, that the use/operation of the product poses a threat to human life, health, property and/or the environment;

[ bb) (deleted - 01.04.2026, No. 1447); (shall enter into force from 1 June 2026)]

cc) risk −, taking into account the principles defined by Article 2 of this Code, any significant risk related to a product or an object that requires urgent intervention by state bodies;

dd) economic operator − the manufacturer, authorised representative, importer, distributor and the person(s) supplying the product directly to the user, as defined by Article 4 of this Code, who is/are responsible for the safety of the product;

[ dd) (deleted - 01.04.2026, No. 1447); (shall enter into force from 1 June 2026)]

ee) market surveillance − a set of actions carried out and measures taken by the market surveillance authority, by which the compliance of a product with the requirements defined by the legislation of Georgia is established and the creation of a threat by the product to human life, health, property and the environment is excluded;

[ ee) (deleted - 01.04.2026, No. 1447); (shall enter into force from 1 June 2026)]

ff) documentary inspection − within the framework of market surveillance, verification by a Legal Entity of Public Law − the Market Surveillance Agency of the compliance of product-related documents with the legislation of Georgia;

[ ff) (deleted - 01.04.2026, No. 1447); (shall enter into force from 1 June 2026)]

gg) technical inspection − technical inspection/examination of a product sample for the purpose of establishing the compliance of the product with the legislation of Georgia;

[ gg) (deleted - 01.04.2026, No. 1447); (shall enter into force from 1 June 2026)]

gg¹) inspection report − a document reflecting the results of a technical inspection and/or documentary inspection carried out within the framework of market surveillance by a Legal Entity of Public Law − the Market Surveillance Agency, which also contains the results of the verification of the fulfilment of the resolutions defined by paragraph 24 of Article 19¹ of this Code and the time limits for eliminating non-compliance − if any.

[ gg¹) (deleted - 01.04.2026, No. 1447). (shall enter into force from 1 June 2026)]

Law of Georgia of 22 June 2012 No. 6541- website, 26.06.2012.

Law of Georgia of 6 September 2013 No. 1041 – website, 23.09.2013

Law of Georgia of 13 April 2016 No. 4962 – website, 26.04.2016

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018

Law of Georgia of 20 July 2018 No. 3220 – website, 13.08.2018

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019

Law of Georgia of 22 May 2020 No. 5953 – website, 28.05.2020

Law of Georgia of 15 July 2020 No. 6937 – website, 28.07.2020

Law of Georgia of 30 June 2023 No. 3437 – website, 20.07.2023

Law of Georgia of 1 April 2026 No. 1448 – website, 03.04.2026

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026

Article 16. Functions and Powers of the Technical and Construction Supervision Agency🔗

1. The Technical and Construction Supervision Agency is a Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia, which is a state control body and, in accordance with the procedure established by this Code, exercises state control and supervision of facilities.

2. The Technical and Construction Supervision Agency:

a) issues construction permits for facilities of special importance (including radiation and nuclear facilities) throughout the entire territory of Georgia;

b) issues permits for the use of industrial explosives;

c) carries out registration of a facility in the departmental register of facilities;

d) in the cases provided for by paragraph 3 of Article 20 of this Code, carries out inspection of a facility independently or through an accredited inspection body;

e) imposes administrative liability on the violator;

f) carries out documentary control of the assessment of conformity of a facility with the requirements of technical regulations through the analysis of technical inspection protocols and reports of inspection bodies;

g) issues an instruction and/or determines a reasonable time limit for the correction of non-compliance;

h) promotes the implementation of state policy in the field defined by this Chapter;

i) carries out facilitation of the development of spatial-territorial planning documents of settlements and other territorial units, organization of their review, and methodological guidance within its competence;

j) carries out acceptance into operation of completed construction facilities;

k) develops construction-design norms, rules, technical regulations and standards in the areas assigned to its competence;

l) carries out retraining and training of personnel and, for this purpose, conducts trainings and courses.

3. In order to obtain a permit for the use of industrial explosives, in addition to satisfying the conditions provided for by Article 25 of the Law of Georgia "On Licences and Permits", the permit applicant shall additionally submit to the Technical and Construction Supervision Agency:

a) a situational plan, project or passport for the performance of works when using industrial explosives;

b) a contract concluded between the parties on the use of industrial explosives.

4. The respective institutions of the Autonomous Republics of Abkhazia and Adjara shall exercise supervision of facilities, except for facilities subject to the issuance of construction permits for facilities of special importance.

5. During supervision of the construction of facilities of special importance, the functions of the Technical and Construction Supervision Agency are:

a) to exercise state supervision throughout the entire territory of Georgia over facilities of special importance, as well as, in the case determined by a resolution of the Government of Georgia, in zones of special construction regulation;

b) ensure the involvement of another administrative body in the process of issuing a construction permit and accepting completed construction objects into operation;

c) exercise methodological guidance of the authorized bodies;

d) in accordance with the procedure established by Articles 25 and 26 of this Code, suspend unauthorized construction or unauthorized demolition proceeding in violation of the legislation of Georgia. The ground for suspending unauthorized construction or unauthorized demolition proceeding in violation of the legislation of Georgia may be state supervision over construction activity, compliance by construction participants with construction safety and the operational reliability of buildings and structures;

e) control compliance by construction participants with the requirements of conformity of buildings and structures under construction with design and normative documentation.

6. During supervision of the construction of objects of special importance, the Technical and Construction Supervision Agency is entitled to:

a) inspect construction objects subject to its control;

b) require from construction participants all necessary documents certifying the conformity of design, normative, as-built and construction materials;

c) in the event of a violation in construction activity, issue to construction participants an instruction on the correction of violations of the requirements of the construction project, construction norms and rules and other normative documentation. The instruction shall also be issued when the construction materials, products and structures existing (brought) at the construction object cannot meet the established requirements and their use must be prohibited. The instruction shall also be issued in the event of violation of the organizational rules established in construction activity;

d) in accordance with the procedure established by Articles 25 and 26 of this Code, suspend construction or unauthorized demolition proceeding in violation of the legislation of Georgia. The ground for suspending construction or unauthorized demolition proceeding in violation of the legislation of Georgia may be:

d.a) carrying out construction or demolition without the proper permit;

d.b) failure to take into account the requirements of the construction project, construction norms and rules and other normative acts, the correction of which is impossible without suspending construction;

d.c) failure to comply, within the established term, with the instruction of the state supervision body over construction activity;

e) in the event of substantiated doubt, require from the customer or the construction organization the conduct of additional laboratory tests and measurements. If the violation is confirmed, the costs of the conducted laboratory examinations shall be borne by the violator; otherwise, the costs shall be borne by the state supervision body over construction activity;

f) adopt a Resolution on the complete or partial demolition of a building or structure built, restored, reconstructed and/or installed in violation of the legislation of Georgia. The ground for adopting the Resolution may be:

f.a) failure to comply with an instruction of the state supervision body over construction activity regarding unauthorised construction;

f.b) carrying out construction with a significant violation of the construction project, as a result of which the strength, stability and reliability of structural elements are not ensured;

f.c) the condition of a building or structure, if it fails to meet the conditions of safe operation, the strength, stability and reliability of structural elements are not ensured and it is technically impossible to remedy these violations.

7. (Removed – 20.07.2018, No. 3220).

8. The sources of funding of the Technical and Construction Supervision Agency are:

a) targeted funds allocated from the State Budget of Georgia;

b) targeted grants;

c) income received from work performed (to be performed) under a contract;

d) the fee for the Agency's services;

e) other income permitted by the legislation of Georgia.

9. The funds and income provided for by paragraph 8 of this article shall be used in full for the implementation of the goals and the performance of the functions of the Technical and Construction Supervision Agency.

10. The types of services and the fee provided for by subparagraph „d“ of paragraph 8 of this article shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 22 June 2012 No. 6541 – website, 26.06.2012.

Law of Georgia of 6 September 2013 No. 1041 – website, 23.09.2013.

Law of Georgia of 5 February 2014 No. 1961 – website, 19.02.2014.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 20 July 2018 No. 3220 – website, 13.08.2018

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

Article 17. Departmental register of objects🔗

1. The departmental register of objects shall be maintained by the Technical and Construction Supervision Agency.

2. The list of objects to be entered in the departmental register of objects and the rules for maintaining the register shall be determined by the Government of Georgia.

3. Information shall be entered in the departmental register of objects according to the technical specification of the object.

4. In the Autonomous Republics of Abkhazia and Adjara, departmental registers of objects posing increased technical risk, except for objects subject to the issuance of a construction permit for objects of special importance, shall be maintained by the bodies of the authorised institutions of the executive authority of the Autonomous Republics of Abkhazia and Adjara.

Article 18. Objects and their supervision🔗

1. The rules and characteristics/parameters of supervision of the objects provided for by paragraphs 4 and 5 of this Article, according to which they are classified as objects, shall be determined by a Resolution of the Government of Georgia.

2. Objects shall be subject to supervision.

3. Supervision of objects shall be carried out in two forms:

a) by issuing a permit and controlling compliance with permit conditions;

b) by periodic inspection.

4. The issuance of a permit and control of compliance with permit conditions shall be carried out in respect of the following objects:

a) use of industrial-purpose explosives;

b) construction of objects of special importance (including radiation and nuclear objects).

5. The objects are:

a) quarry − in the case of extraction of mineral resources. A quarry is an excavation or cut made on the surface of the soil for the purpose of extracting minerals, the surface of which is open during the entire period of operation of the quarry and which has terraced access roads for the movement of service transport;

b) mine − in the case of extraction of mineral resources. A mine is a mining enterprise where ore, mining-chemical raw material and building material are extracted by the underground method;

c) shaft − in the case of extraction of mineral resources. A shaft is a mining enterprise where layered mineral resources are extracted by underground mining operations;

d) natural cave and grotto where the organised descent of persons takes place;

e) (removed - 26.12.2014, No. 3004);

f) (removed - 26.12.2014, No. 3004);

g) production of oxygen and other explosion-hazardous processes related thereto;

h) production of liquid oxygen;

i) pumping of oxygen into a reservoir/cylinder;

j) refrigeration unit operating on ammonia and usable for entrepreneurial purposes;

k) oil depot;

l) main oil pipeline;

m) main gas pipeline;

n) lifting device;

o) lift;

p) escalator;

q) funicular;

r) cableway;

s) attraction;

t) boiler unit;

u) pressure vessel;

v) structural stability of hydropower structures (artificial reservoirs, dams, regulating structures, hydraulic engineering structures);

w) (removed - 29.06.2018, No. 2757);

x) filling station and filling station complex (fuel, gas and gas-filling stations).

Note: Inspection of a filling station or filling station complex (fuel, gas or gas-filling station) shall be permissible only in connection with compliance with the requirements for the installation, technical characteristics and operation of automatic video equipment determined by a Resolution of the Government of Georgia.

6. For the purposes of this Chapter, the objects provided for by paragraph 5 of this Article constitute a regulated sphere and their supervision shall be carried out by the Technical and Construction Supervision Agency, except where a technical regulation designates another body and/or person as the supervisor.

7. Threshold technical parameters according to which facilities shall be considered as carrying increased technical risk shall be established by technical regulation.

8. The Technical and Construction Supervision Agency shall carry out periodic technical inspection of a facility in the field where there is no inspection body. Upon accreditation and commencement of operation of the inspection body in accordance with Georgian legislation, the Technical and Construction Supervision Agency shall terminate periodic technical inspection of the facility in the relevant field. Issues related to technical inspection of construction activity shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 29 June 2012 No. 6606 – website, 10.07.2012.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Law of Georgia of 29 April 2015 No. 3484 – website, 14.05.2015.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 29 May 2019 No. 4622 – website, 05.06.2019.

Law of Georgia of 19 December 2019 No. 5615 – website, 24.12.2019.

Article 19. Forms of state control and supervision of a facility🔗

1. On-site control of a facility is carried out by inspection.

2. Documentary control is carried out by the Technical and Construction Supervision Agency on the basis of the analysis and assessment of the documented results of the technical inspection carried out by the inspection body.

3. The Technical and Construction Supervision Agency:

a) takes note of a non-material non-compliance and makes a corresponding entry in the departmental register of facilities;

b) in the case of a material non-compliance, fines the owner of the facility, makes a corresponding entry in the departmental register of facilities, sets for him/her a reasonable time limit for remedying the violation and monitors compliance with the time limit set for remedying the non-compliance. If the material non-compliance is not remedied within the established time limit, the non-compliance acquires the status of a critical non-compliance;

c) in the case of a critical non-compliance, issues an act on the full or partial suspension of the operation of the facility (including the suspension of a technological process, technical item, mechanism, unit, device, or any combination thereof at the facility), fines the owner of the facility and sets a reasonable time limit for remedying the violation, makes a corresponding entry in the departmental register of facilities, enters the facility in the monitoring list, monitors that the time limit set for remedying the non-compliance is observed and that the suspended facility is not operated, and in the case of covert operation of the facility, fines its owner and suspends the operation of the facility (including the operation of a technological process, technical item, mechanism, unit, device, or any combination thereof);

d) in the case of a material or critical non-compliance at a facility, fines the owner of the facility with the full fine amount determined by the relevant article of this Code; in the case of all other critical or material non-compliances of a similar type, the fine amount for each non-compliance is half of the full fine amount determined by the relevant article of the same Code.

4. In the case of detection of a non-compliance, the Technical and Construction Supervision Agency issues a relevant administrative-legal act.

5. The Technical and Construction Supervision Agency is not liable for a violation and/or an accident occurring at a facility, if the violation and/or the accident is not directly caused by an action of the Technical and Construction Supervision Agency.

6. The inspection of a facility shall be considered completed after the head of the Technical and Construction Supervision Agency issues a relevant administrative-legal act.

7. On the basis of the confirmation by the inspection body of the elimination of a critical non-compliance at a facility, the Technical and Construction Supervision Agency decides on the resumption of the operation of the facility and removes it from the monitoring list.

8. In the event of a critical non-compliance, a decision on the suspension of the operation of the facility shall not be taken if the suspension of the operation of the facility may increase the threat, or suspension is impossible due to the nature of the technological process.

9. In the event of non-compliance, if the suspension of the operation of the facility ensures the elimination of the threat, the owner of the facility shall have the right to suspend the operation of the facility for an indefinite period without correcting the non-compliance and to notify the Technical and Construction Supervision Agency thereof. In this case, the obligation to correct the non-compliance shall be terminated, and the Technical and Construction Supervision Agency shall enter the facility in the monitoring list and shall control that the operation of the suspended facility does not occur, and in the event of covert operation of the facility, shall fine its owner and shall suspend the operation of the facility.

10. Failure to pay the fine within the established period results in the tripling of the imposed fine.

11. In the event of failure to correct the non-compliance within the established period, the owner of the facility shall be granted an additional reasonable period for correcting the non-compliance.

12. If the non-compliance is not corrected after the expiry of the period established from the imposition of the tripled fine, the imposed fine shall be tripled.

13. The instruction shall be drawn up in the form of an act, one copy of which shall be handed to the owner of the facility, and the other shall be kept in the inspection body.

14. Familiarization with the instruction shall be deemed to be the familiarization, by the person carrying out the inspection, of the person responsible for the safety of the facility with the content of the instruction and the handing over of the instruction, the receipt of which the person confirms by signature, and in the event of the impossibility of the aforementioned – the placement of the instruction in a visible place of the facility.

15. The instruction is the basis for initiating proceedings of a construction offence case, and it shall be appealed together with the resolution.

16. The original and one copy of the instruction shall be handed to the owner of the facility (or his/her representative) within 1 day after the inspection. One copy of the inspection report shall remain in the inspection body, and if the technical inspection is carried out by an accredited inspection body, one copy shall be submitted to the Technical and Construction Supervision Agency.

17. The non-compliance existing at the facility may be classified as a non-substantial, substantial or critical non-compliance, which shall be noted in the inspection report.

18. Inspection bodies accredited in the member countries of the Organisation for Economic Co-operation and Development (OECD) and the European Union also have the right to control the facility on site, which register for this purpose in the single national accreditation body – the Accreditation Centre.

19. In the event of failure to conduct an inspection (except for failure caused by reason of the inspection body), the Technical and Construction Supervision Agency shall fine the owner of the facility and shall set a reasonable period for conducting the inspection.

20. In the event of repeated failure to conduct an inspection within a reasonable period, the fine shall be doubled.

21. The original and one copy of the inspection report shall be handed over to the owner of the facility (or his/her representative) within 1 day after the inspection is conducted. One copy of the inspection report shall remain with the inspection body, and if the technical inspection is carried out by an accredited inspection body, one copy shall be submitted to the Technical and Construction Supervision Agency.

22. The owner of the facility shall submit to the Technical and Construction Supervision Agency information on the inspection passed by the facility and its results within 5 working days from passing the inspection.

23. For individual facilities, the degree of non-compliance shall be determined by the relevant normative acts.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Article 19¹. Implementation of market surveillance of products on the Georgian market and obligations of the economic operator🔗

1. Market surveillance of products on the Georgian market shall be carried out:

a) on the basis of risk analysis, according to the plan developed by the Legal Entity of Public Law – Market Surveillance Agency;

b) if the Legal Entity of Public Law – Market Surveillance Agency has reasonable suspicion or information about a risk related to the product, in particular, that the use of the product may pose a threat to human life, health, property and/or the environment;

c) if the Legal Entity of Public Law – Market Surveillance Agency has information that a product placed on the market does not comply with the requirements established by this Code and the relevant technical regulation.

2. Market surveillance of products on the Georgian market shall be carried out by documentary inspection and/or technical inspection.

3. The economic operator shall meet the requirements established by Georgian legislation for product safety and placement on the market.

4. The economic operator shall, in the process of carrying out market surveillance, cooperate with the Legal Entity of Public Law – Market Surveillance Agency and, in cases provided for by Georgian legislation, ensure the admission of a representative of the said Agency to the places of production, warehousing, storage and sale of the product.

5. Documentary inspection of the product shall be carried out on the basis of a request of the Legal Entity of Public Law – Market Surveillance Agency by providing it with documents related to the product and established by Georgian legislation, and its results shall be recorded in an inspection report.

6. Technical inspection of a product placed on the market shall be carried out in the customs control zones of Georgia and at the places of sale of the product by technical inspection of a product sample and/or by inspection/testing of a sample taken from the places of sale of the product, and its results shall be recorded in an inspection report.

7. When carrying out market surveillance of products on the Georgian market, the Legal Entity of Public Law – Market Surveillance Agency is entitled to inspect both all characteristics of the product as a whole and a specific component of the product or the characteristic in respect of which it has information and/or reasonable suspicion about a risk.

8. Market surveillance procedures established by Georgian legislation at the places of production, warehousing and storage of the product shall be carried out only if the product contains a confirmed threat.

9. The Legal Entity of Public Law − Market Surveillance Agency is entitled to request the transfer to it of a sample/samples of the product in respect of which it has information and/or reasonable suspicion that the product may pose a risk to human life, health, property and the environment, in the quantity necessary for carrying out the supervision provided for by paragraph 1 of this Article.

10. The operation of paragraph 9 of this Article shall not apply to a product in respect of which, due to its physical characteristics and/or other qualitative characteristics, the taking of a sample of the product is impossible. By decision of the Legal Entity of Public Law − Market Surveillance Agency, the inspection of the said product may be carried out on site.

11. An economic operator shall, upon request by the Legal Entity of Public Law − Market Surveillance Agency, provide it with the sample/samples of the product provided for by paragraph 9 of this Article, as well as the documents related to the product provided for by paragraph 5 of the same Article. The costs incurred for the purchase of the sample/samples of the product provided for by paragraph 9 of this Article shall be reimbursed by the Legal Entity of Public Law − Market Surveillance Agency, except where the taking of the sample/samples of the product takes place in the customs control zone of Georgia.

12. The Legal Entity of Public Law − Market Surveillance Agency is entitled to independently carry out a covert purchase of a product subject to supervision, if this will contribute to the effective detection and identification of a risk.

13. If, as a result of the inspection and laboratory examination of a product sample, it is established that this product does not comply with the requirements laid down for the said product by the legislation of Georgia, the economic operator shall, within 30 days from the delivery to it by the Legal Entity of Public Law − Market Surveillance Agency of the relevant request, fully reimburse the value of the product sample, as well as the costs incurred for the inspection and laboratory examination of the product sample.

14. If the Legal Entity of Public Law − Market Surveillance Agency has information that a specific product and/or batch of products manufactured by a specific manufacturer does not comply with the requirements defined for the said product by the legislation of Georgia and/or contains a confirmed risk, it is entitled, in accordance with the non-compliance with the requirements defined by the legislation of Georgia/the confirmed risk, to immediately require the economic operator to suspend the sale of the product/products, withdraw them from the market, recall them and/or destroy them at the economic operator's expense.

15. If the inspection reveals a documentary non-compliance and/or a technical non-compliance which does not pose a threat to human life, health, property and/or the environment, the economic operator shall be subject to the administrative liability provided for by Article 42⁷ of this Code. The Legal Entity of Public Law − Market Surveillance Agency is entitled to set a reasonable period for the economic operator to eliminate the non-compliance. This period shall not exceed 30 days. If the economic operator fails to eliminate the non-compliance within the said period, the Legal Entity of Public Law − Market Surveillance Agency is entitled to require it to suspend the sale of the product until the non-compliance is eliminated. In the event of elimination of the non-compliance, the economic operator shall be obliged to notify the Legal Entity of Public Law − Market Surveillance Agency thereof. The Legal Entity of Public Law − Market Surveillance Agency shall be obliged to verify the fact of elimination of the non-compliance.

16. In the event of non-compliance by an economic operator with a resolution on suspension of the sale of a product, withdrawal from the market, recall and/or destruction, the Legal Entity of Public Law − Market Surveillance Agency is entitled, within a reasonable period, to re-inspect the fact of fulfilment by the economic operator of the relevant resolution. If, during the re-inspection of the fulfilment of this resolution, it is found that the economic operator has not fulfilled the obligations determined by the said resolution, it shall be subject to administrative liability in accordance with this Code.

17. If a product does not comply with the safety requirements established by the relevant technical regulation and, at the same time, poses a threat to human life, health, property and/or the environment, the economic operator shall be subject to the administrative liability provided for by Article 42⁷ of this Code, while the Legal Entity of Public Law − Market Surveillance Agency shall be obliged to adopt a decision on withdrawal of the product from the market.

18. If a product does not comply with the safety requirements established by the relevant technical regulation and, at the same time, poses a serious threat to human life, health, property and/or the environment and/or, after sale, at the stage of use, retains such a threat, the economic operator shall be subject to the administrative liability provided for by Article 42⁷ of this Code, while the Legal Entity of Public Law − Market Surveillance Agency shall be obliged to adopt a decision on recall of the product.

19. If a product contains a confirmed hazard, in particular, the product contains hazardous chemical substances defined by Georgian legislation, including nuclear compounds, or if the product contains another hazard, in particular, the product, after processing, may retain a hazard to human life, health and/or the environment, administrative liability provided for by Article 42⁷ of this Code shall be imposed on the economic operator, and the Legal Entity of Public Law − Market Supervision Agency shall be obliged to adopt a decision on the destruction of the product.

20. In the resolution on the withdrawal, recall or destruction of the product from the market, the economic operator shall be granted a reasonable period depending on the complexity and difficulty of the said process. The economic operator shall be obliged to notify the Legal Entity of Public Law − Market Supervision Agency in writing of the completion of the process of withdrawal, recall or destruction of the product from the market. Before the expiry of the period established for the withdrawal, recall or destruction of the product from the market, the economic operator shall be prohibited from selling the product.

21. If the Legal Entity of Public Law − Revenue Service has information on the importation into the territory of Georgia of a specific product containing a confirmed hazard, it shall be obliged to take all possible measures to prevent the importation of the said product into the territory of Georgia and to immediately notify the Legal Entity of Public Law − Market Supervision Agency thereof.

22. The decision provided for by paragraphs 14, 15, 17−20 and 26 of this Article shall be adopted in the form of a resolution. Its execution is mandatory. If the delivery of this resolution to its addressee is not possible, this resolution shall be deemed delivered upon its publication on the website of the Legal Entity of Public Law − Market Supervision Agency. The procedure for public publication of the said resolution shall be determined by a Resolution of the Government of Georgia. An appeal against this resolution shall not suspend its execution.

23. In the event of repeated failure to comply with the resolution of the Legal Entity of Public Law − Market Supervision Agency on the withdrawal of the product from the market, after the imposition on the economic operator of the fine provided for by paragraph 2 of Article 42³ of this Code, the resolution on the withdrawal of the product from the market shall, immediately after the expiry of the period determined by paragraph 20 of this Article, be enforced in accordance with the Law of Georgia "on Enforcement Proceedings" and an appropriate enforcement writ shall be issued in this regard.

24. Control over the execution of the resolutions determined by paragraph 22 of this Article shall be exercised by the Legal Entity of Public Law − Market Supervision Agency.

25. The Legal Entity of Public Law – Market Surveillance Agency shall be obliged to provide the public with information on a confirmed risk related to a product by posting it on the website of the Legal Entity of Public Law – Market Surveillance Agency or by other means of disseminating information.

26. The Legal Entity of Public Law – Market Surveillance Agency is entitled to require an economic operator to provide the public with information on a risk related to a product. The sources of providing the public with information on a confirmed risk related to a product, the methods of confirming the provision of this information and the time limits shall be determined for the economic operator by a Resolution of the Legal Entity of Public Law – Market Surveillance Agency, based on an analysis of the expected risk and the risk of its spread.

27. The Legal Entity of Public Law – Market Surveillance Agency shall be obliged to provide the economic operator, and where necessary also the customs authority, with information on a confirmed risk related to a product placed on the market and with information on the measures to be taken to eliminate this risk.

28. The procedure for the exercise of market surveillance by the Legal Entity of Public Law – Market Surveillance Agency, the procedure for determining the categories of risk related to a product, and the procedures for withdrawal of a product from the market, recall, suspension of sale and destruction shall be approved by normative acts of the Government of Georgia.

29. The definitions of the same terms used in this Code shall apply to those terms used in this Article that are not defined in Article 15 of this Code.

Law of Georgia No. 2757 of 29 June 2018 – website, 19 July 2018.

Law of Georgia No. 3690 of 31 October 2018 – website, 7 November 2018.

Law of Georgia No. 5690 of 20 December 2019 – website, 26 December 2019.

Law of Georgia No. 4373 of 18 July 2024 – website, 31 July 2024.

[Article 19¹. (deleted) (shall enter into force from 1 June 2026)]

Law of Georgia No. 1447 of 1 April 2026 – website, 3 April 2026.

Article 19². Market Surveillance Agency🔗

1. The Market Surveillance Agency is a Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia, which carries out surveillance of those products placed on the market of Georgia for which requirements are established by the relevant technical regulations and for which the Market Surveillance Agency is defined as the market surveillance authority.

2. The structure, powers, rules of activity and other organisational matters of the Legal Entity of Public Law − the Market Surveillance Agency shall be determined by the statute of this Agency, which shall be approved by the Minister of Economy and Sustainable Development of Georgia.

3. The sources of funding of the Legal Entity of Public Law − the Market Surveillance Agency are:

a) targeted funds allocated from the State Budget of Georgia;

b) targeted grants;

c) other income permitted by the legislation of Georgia.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

[Article 19². (removed) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 19³. Rule for the payment of a fine imposed for the commission of an administrative offence detected in the course of market surveillance by the Legal Entity of Public Law − the Market Surveillance Agency🔗

The appropriate fine imposed in accordance with Articles 421−42⁵ and 42⁷ of this Code shall be paid by the offender within 30 days from the delivery to him of the decision on the imposition of the fine. The offender shall submit the receipt confirming payment of the fine provided for by Article 42⁷ of this Code to the Legal Entity of Public Law − the Market Surveillance Agency within 5 days from the payment of the fine. The receipt confirming payment of the fine may also be submitted in electronic form.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

[Article 19³. (removed) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 20. Grounds for conducting technical inspection🔗

1. Technical inspection is based on a risk analysis and assessment system.

2. The technical regulation on inspection establishes risk categories and determines the periodicity of planned technical inspection.

3. In addition to the established periodicity, technical inspection is conducted:

a) in the case of reasonable suspicion, on the basis of a notification about a possible threat, on the basis of organoleptic perceptions;

b) in the case of force majeure;

c) in the case of an accident;

d) in the event of an accident resulting in significant harm to human health or death;

e) when verifying compliance with permit conditions for construction activities.

Article 21. Inspection body and its rights and obligations🔗

1. Technical inspection shall be carried out by the inspection body in the form of an on-site inspection of the object.

2. In the case provided for by paragraph 3 of Article 20 of this Code, during technical inspection carried out through an inspection body accredited by the Technical and Construction Supervision Agency, the inspection body shall immediately notify the Technical and Construction Supervision Agency of the existence of a material non-compliance or critical non-compliance identified at the object. The said non-compliance shall be recorded in the technical inspection protocol. A copy of this protocol, with a special note/instruction (if any), shall be sent to the Technical and Construction Supervision Agency within 24 hours.

3. The inspection body shall send a notification to the Technical and Construction Supervision Agency for the commencement of activities, together with a copy of the document confirming accreditation.

4. In the case provided for by paragraph 3 of Article 20 of this Code, during technical inspection carried out through an inspection body accredited by the Technical and Construction Supervision Agency, the inspection body shall submit to the relevant body exercising supervision of technical and construction activity the documents on the inspection and its results within 5 working days from the conduct of the inspection, except for the cases provided for by paragraph 2 of this Article.

5. An accredited inspection body carrying out periodic inspection of the safety of an object shall have appropriate liability insurance, except for inspection bodies of member countries of the Organisation for Economic Co-operation and Development (OECD), whose liability insurance also covers the territory of Georgia.

6. During the conduct of technical inspection, in the case of full compliance of the object with the established requirements, the inspection body shall issue an inspection certificate.

7. In the case of compliance of the object with technical requirements, the inspection body shall send a copy of the inspection certificate to the Technical and Construction Supervision Agency within 5 days from the issuance of the inspection certificate, which shall enter the information indicated therein into the departmental register of objects.

8. (removed – 29.06.2018, No. 2757);

9. (removed – 29.06.2018, No. 2757);

10. (removed – 29.06.2018, No. 2757);

11. (removed – 29.06.2018, No. 2757);

12. (removed – 29.06.2018, No. 2757);

13. The sending of the information/document defined by this Article may also be carried out in electronic form.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Article 22. Exclusion of conflict of interest🔗

1. The inspection body shall be independent of interested parties in professional activity, assessment and decision-making.

2. The inspection body and its personnel responsible for conducting inspections shall not directly participate in the design, production, operation, supply, installation and repair of the object and shall not be authorised representatives of persons performing the above functions.

3. The inspection body and its personnel shall not directly participate in the design, production, installation and servicing of interchangeable objects. The inspection body and its personnel shall not be authorised representatives of persons performing the above functions.

4. The inspection body shall not carry out any other activity that may affect the independence of its decisions and its impartiality.

5. The inspection body and the owner of the object may not have a common economic interest.

Article 23. Obligations of the owner of the object🔗

1. The owner of the object shall be obliged to:

a) submit the relevant information for the purpose of registration in the departmental register of objects;

b) ensure compliance of the object with safety requirements;

c) ensure safe working conditions;

d) ensure the periodic technical inspection of the object established by the legislation of Georgia;

e) not operate an object without a conformity document;

f) keep inspection documents for 6 years, unless another period is established by the technical regulation;

g) comply with the instructions of the Technical and Construction Supervision Agency;

h) designate the person/body responsible for the safety of the object;

i) implement measures to prevent an accident/incident;

j) immediately notify the Technical and Construction Supervision Agency of an accident that has occurred and take all measures to eliminate the consequences of the accident.

2. The owner of the object shall be obliged to immediately notify the Technical and Construction Supervision Agency of an accident/incident. Notification shall be permissible by all means of communication.

Article 24. Ensuring protection of labour safety at a facility🔗

1. The rules and procedures for protection of labour safety at a facility, as well as the obligations of the persons responsible for their observance, shall be established by the relevant technical regulation, based on the following principles:

a) ensuring workplace safety by the employer;

b) designation of the person/body responsible for observance of the rules for protection of labour safety;

c) provision of primary medical aid for the purpose of preventing the death of an employee, damage to his/her health or illness;

d) informing employees through posting instructions, marking facilities, training employees, and assessing and managing risks.

1¹. If a facility simultaneously falls within the scope of regulation of the Organic Law of Georgia "On Labour Safety", the norms related to labour safety at the facility shall also be determined by the Organic Law of Georgia "On Labour Safety".

2. Labour safety conditions in the construction process shall be determined by the legislation of Georgia.

3. The employer shall be obliged to provide employees with information related to increased technical risk.

4. An employee who is at the workplace shall have the right to know:

a) what type of work involving increased technical risk he/she performs;

b) what consequences the failure to observe the rules for protection of labour safety will cause both for him/her personally and for those around him/her;

c) what measures are to be implemented to ensure safe working conditions.

Law of Georgia of 7 March 2018 No. 2051 – website, 21.03.2018.

Law of Georgia of 19 February 2019 No. 4285 – website, 04.03.2019.

Article 25. Proceedings in a construction offence case🔗

1. In proceedings in a construction offence case, the state supervision body over construction activity shall be guided by this Law and other legislative acts of Georgia.

2. The state supervision body over construction activity shall commence proceedings in an offence case by issuing an instruction to the offender, except for the cases provided for by paragraph 23 of this Article.

3. If the person carrying out unauthorised construction cannot be identified and the land plot is the property of the state and/or a municipality, the authorised body shall, without issuing an instruction, adopt a Resolution on the demolition of the unauthorised construction, the appeal against which shall not suspend the effect of the said Resolution.

4. If the person carrying out unauthorised construction is identified and the land plot is the property of the state and/or a municipality, the authorised body shall, on the basis of the issuance of an instruction and the drawing up of an inspection report, adopt a Resolution on the demolition of the unauthorised construction and the imposition on the offender of the liability provided for by the legislation of Georgia, the appeal against which shall not suspend the effect of the said Resolution in the part concerning demolition.

5. After the expiry of the period specified by the instruction, the state supervision body over construction activity shall, within a period of no more than 7 calendar days, verify the fulfilment of the instruction, draw up an inspection report and indicate therein information on the fulfilment or non-fulfilment of the instruction.

6. In a construction offence case, on the basis of a reasoned motion of the offender, the inspection report may be drawn up before the expiry of the period specified by the instruction. This shall be indicated in the inspection report.

7. If the instruction was not fulfilled in time, but the offence was remedied before the adoption of the Resolution, the offender shall be released from liability, and the proceedings in the offence case shall be terminated, except for an offence provided for by Article 49 of this Code.

8. The running of the period specified by the instruction shall be suspended from the commencement of proceedings for the legalisation of objects built without authorisation and/or in violation of the project, or of parts thereof, until the adoption of the relevant decision.

9. If a violation is recorded in the inspection report, on the basis of the report the state supervision body over construction activity shall adopt a Resolution on:

a) imposing a fine on the offender;

b) imposing a fine on the offender and suspending the unauthorised construction and unauthorised demolition proceeding in violation of the legislation of Georgia;

c) imposing a fine on the offender and the complete or partial demolition of buildings and structures built in violation of the legislation of Georgia, the complete or partial suspension of the construction of buildings and structures under construction, and demolition.

10. In the event of non-payment by the offender of the imposed fine, the state supervision body over construction activity shall adopt a Resolution on the imposition of a penalty.

11. The state supervision body over construction activity shall adopt a Resolution on the termination of the proceedings in a construction offence case if:

a) the violations have been corrected and the instruction has been complied with;

b) during the consideration of the case, circumstances excluding a construction administrative offence were revealed;

c) the body that approved the project and issued the construction permit has adopted a decision on the legalisation of the facility;

d) there are no grounds for adopting the resolution provided for by paragraph 9 of this Article.

12. If the correction of the violations existing at a building under construction is impossible without the suspension of construction, the state supervision body for construction activity shall adopt a resolution on the suspension of construction. After the adoption of the resolution, this body shall be entitled to issue an instruction on the correction of the violations.

13. Within 2 months from the drawing up of the inspection report, the body supervising construction activity shall be obliged to adopt a resolution on the case of a construction administrative offence. The official considering the case shall be entitled, on motivated grounds, to extend the period of its consideration. The period of consideration of the case may be extended by not more than 2 months. The offender shall be notified in writing of the place, date and time of the consideration of the case and of the identity of the official considering the case, except for an offence provided for by Article 49 of this Code. In the case of an offence provided for by Article 49 of this Code, the body supervising construction activity shall be obliged, immediately upon the drawing up of the inspection report, to adopt a resolution on the imposition of a fine without delay.

14. In the event of failure to adopt a resolution within the period provided for by this Chapter, the offender shall be released from the obligation to pay the fine provided for by this Code. In such a case, the state supervision body for construction activity shall be entitled to adopt a resolution only on the complete or partial demolition of buildings and structures built in violation of the legislation of Georgia, and on the complete or partial suspension of the construction and demolition of buildings and structures under construction.

15. The resolution provided for by paragraph 9 of this Article is an administrative-legal act, which shall be enforced in accordance with the procedure established by this Code and the Law of Georgia "On Enforcement Proceedings". The resolution of the state supervision body for construction activity shall be substantiated and, along with the requisites established for an administrative-legal act, shall contain the name and address of the body with which this administrative-legal act may be appealed, and the time limit for appeal.

16. The resolution provided for by paragraph 9 of this Article shall be submitted for enforcement within not more than 6 months from the day of its entry into legal force.

17. The resolution adopted by the state supervision body for construction activity shall be communicated to the party indicated in the resolution within 24 hours of its adoption.

18. The fine imposed for a construction administrative offence shall be credited to the budget in accordance with the procedure established by the Budgetary Code of Georgia.

19. If notification (by personal delivery) to the party indicated in the Resolution of the instruction, the inspection report, the notice or the Resolution cannot be effected, its placement in a conspicuous place of the object indicated in the instruction, the inspection report, the notice or the Resolution shall be deemed notification. The following shall be deemed a conspicuous place:

a) an information board;

b) a building temporarily placed on the construction site for the work supervisor;

c) the safety fence enclosing the construction site.

20. In the absence of the conspicuous places provided for by paragraph 19 of this Article, the facade of the object under construction shall be deemed a conspicuous place, and if the object under construction is a multi-apartment building – the main entrance of the apartment.

21. The time limit for appealing a Resolution adopted by the state supervision body for construction activity in the proceedings of a construction offence case shall be determined by this Code.

22. A Resolution (administrative-legal act) adopted by the state supervision body for construction activity may be appealed in accordance with the procedure established by the legislation of Georgia, within 15 days of notification. At the same time, the appeal does not suspend the enforcement of the Resolution of the state supervision body for construction activity in the part concerning the suspension of construction or demolition.

23. The proceedings of a construction offence case shall commence with the drawing up of an inspection report in the following cases:

a) upon the adoption of a Resolution on the immediate suspension of the demolition of the construction;

b) in the presence of a violation provided for by Article 51 of this Code;

c) upon the adoption of a Resolution on the assessment of a penalty for violations;

d) when the offender is fined in the amount of three times the fine amount;

e) in case of failure to submit a milestone report in accordance with the established procedure;

f) in case of violation of the established time limit for the acceptance into operation of a completed construction object;

g) if the offender, on the basis of an application, acknowledges the violations existing at the construction object and requests the taking of measures established by law;

h) (removed - 20.07.2018, No. 3220);

i) in the presence of an offence provided for by Article 49 of this Code.

Law of Georgia of 22 June 2012 No. 6541 - website, 26.06.2012.

Law of Georgia of 7 March 2018 No. 2051 - website, 21.03.2018.

Law of Georgia of 15 July 2020 No. 6937 – website, 28.07.2020.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 25¹. (removed)🔗

Law of Georgia of 22 June 2012 No. 6541 - website, 26.06.2012.

Law of Georgia of 20 July 2018 No. 3220 – website, 13.08.2018

Article 25². Operation of a building/structure without commissioning🔗

1. The operation of a building/structure shall not be permitted before the issuance, in accordance with the procedure established by the legislation of Georgia, of the relevant act on the commissioning of this building/structure.

2. The supply of electricity and natural gas to a building/structure that has not been commissioned shall not be permitted.

3. The restriction provided for by paragraph 2 of this article shall not apply to the supply of electricity and natural gas to a building/structure that has not been commissioned for construction activities, which shall not exceed the validity period of the relevant construction permit.

4. Issues related to the supply of electricity and natural gas to a building/structure that has not been commissioned for construction activities shall be regulated by a normative act of the Georgian National Energy and Water Supply Regulatory Commission.

Law of Georgia of 12 July 2021 No. 723 – website, 14.07.2021.

Article 26. Liability for a construction offence🔗

1. A fine imposed for a construction offence shall be paid by the offender within 30 days after the delivery of the resolution on the imposition of the fine.

2. In case of non-payment of the imposed fine (except for the triple-amount fine provided for by paragraph 4 of this Article), after the expiry of the period provided for by paragraph 1 of this Article, the offender shall be charged a penalty in the amount of the fine amount determined by the resolution on the imposition of the fine.

3. Entities participating in construction activity (regardless of their legal form) which are considered as the customer (orderer) or which have combined the functions of the customer and the manager, shall be fined:

a) for a violation in construction activity;

b) for violation of the organisational rules established in construction activity.

4. In case the legal grounds for imposing the fine are not eliminated, every 3 months after its imposition, the persons provided for by paragraphs 1 and 3 of this Article shall be fined in the amount of triple the fine amount provided for by the imposed fine, which may be imposed on the offender not more than three times, except for the case provided for by paragraph 4 of Article 45¹ of this Code.

4¹. When committing a construction offence provided for by Article 43 or 45 of this Code, related to the construction of objects of special importance (including radiation and nuclear objects) as defined by the legislation of Georgia, upon a substantiated request of an interested person, proceeding from state and public interests, the Government of Georgia is entitled, for the purpose of promoting the investment environment, on the basis of a proposal of the Ministry of Economy and Sustainable Development of Georgia, while protecting public and private interests, to adopt a decision on exempting a person from the fine imposed in the manner established by paragraph 4 of this Article, if it has paid the fine imposed for the commission of the respective construction offence.

5. In case of alienation of a land plot, the resolution on the imposition of the fine shall be enforced in the manner established by the Law of Georgia "on Enforcement Proceedings", while the obligation to remedy the violation shall be imposed on the new owner.

6. In case of voluntary non-payment of the fine provided for by paragraph 4 of this Article, the authorised body of the respective municipality is entitled to carry out the sale, by way of holding an auction, of the land plot of an object under construction in violation of the legislation of Georgia in a zone of special construction regulation.

7. (Removed - 20.07.2018, No. 3220).

8. The body issuing the construction permit is entitled, in the manner established by the legislation of Georgia, to consider and adopt a decision on the legalisation of objects or parts thereof built without a permit and/or in violation of the project before 1 January 2007, if it does not contradict the requirements of the legislation of Georgia, except for the requirements of the respective Resolution of the Government of Georgia on the procedure for issuing a construction permit and on permit conditions.

Law of Georgia No. 2171 of 2 April 2014 – website, 14.04.2014

Law of Georgia No. 3220 of 20 July 2018 – website, 13.08.2018

Law of Georgia No. 5708 of 5 February 2020 – website, 10.02.2020

Law of Georgia No. 6937 of 15 July 2020 – website, 28.07.2020

Law of Georgia No. 1447 of 1 April 2026 – website, 03.04.2026

Article 27. Violation of safety rules during the operation of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower facility🔗

1. Violation of safety rules during the operation of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower facility, which resulted in a degree I significant non-compliance, –

shall result in a fine of GEL 300.

2. Violation of safety rules during the operation of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower facility, which resulted in a degree II significant non-compliance, −

shall result in a fine of GEL 600.

3. Violation of safety rules during the operation of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower facility, which resulted in a degree I critical non-compliance, –

shall result in a fine of GEL 3,000.

4. Violation of safety rules during the operation of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower facility, which resulted in a degree II critical non-compliance, −

shall result in a fine of GEL 6,000.

Law of Georgia No. 1447 of 1 April 2026 – website, 03.04.2026

Article 27¹. Violation by a petrol station or a petrol station complex (petrol, gas filling or gas-fuelling station) of the rules for the installation of automatic video equipment, as well as of its technical characteristics and operation🔗

Violation by a petrol station or a petrol station complex (petrol, gas filling or gas-fuelling station) of the rules for the installation of automatic video equipment approved by a Resolution of the Government of Georgia, as well as of its technical characteristics and operation, which resulted in a degree I significant non-compliance, –

shall result in a fine of GEL 2,000.

Law of Georgia No. 6606 of 29 June 2012 – website, 10.07.2012

Law of Georgia No. 4622 of 29 May 2019 – website, 05.06.2019

Law of Georgia No. 5615 of 19 December 2019 – website, 24.12.2019

Article 28. Violation of safety rules during the production of oxygen and other explosion-hazardous processes related thereto, the production of liquid oxygen, the pumping of oxygen into a reservoir/cylinder, the operation of an ammonia-powered refrigeration unit usable for entrepreneurial purposes, a funicular, a cableway, an amusement ride, a boiler unit, or a pressure vessel🔗

1. Violation of safety rules during the production of oxygen and other explosion-hazardous processes related thereto, the production of liquid oxygen, the pumping of oxygen into a reservoir/cylinder, the operation of an ammonia-powered refrigeration unit usable for entrepreneurial purposes, a funicular, a cableway, an amusement ride, a boiler unit, or a pressure vessel, which resulted in a degree I substantial non-compliance, −

shall result in a fine of GEL 400.

2. Violation of safety rules during the production of oxygen and other explosion-hazardous processes related thereto, the production of liquid oxygen, the pumping of oxygen into a reservoir/cylinder, the operation of an ammonia-powered refrigeration unit usable for entrepreneurial purposes, a funicular, a cableway, an amusement ride, a boiler unit, or a pressure vessel, which resulted in a degree II substantial non-compliance, −

shall result in a fine of GEL 800.

3. Violation of safety rules during the production of oxygen and other explosion-hazardous processes related thereto, the production of liquid oxygen, the pumping of oxygen into a reservoir/cylinder, the operation of an ammonia-powered refrigeration unit usable for entrepreneurial purposes, a funicular, a cableway, an amusement ride, a boiler unit, or a pressure vessel, which resulted in a degree I critical non-compliance, −

shall result in a fine of GEL 1,500.

4. Violation of safety rules during the production of oxygen and other explosion-hazardous processes related thereto, the production of liquid oxygen, the pumping of oxygen into a reservoir/cylinder, the operation of an ammonia-powered refrigeration unit usable for entrepreneurial purposes, a funicular, a cableway, an amusement ride, a boiler unit, or a pressure vessel, which resulted in a degree II critical non-compliance, −

shall result in a fine of GEL 3,000.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Law of Georgia of 29 April 2015 No. 3484 – website, 14.05.2015.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 29. Violation of safety rules during the operation of a natural cave or grotto where the organized descent of persons takes place, a hoisting device, an elevator, an escalator🔗

1. Violation of safety rules during the operation of a natural cave or grotto where the organized descent of persons takes place, a hoisting device, an elevator, an escalator, which has resulted in a first-degree substantial non-compliance, −

shall result in a fine of GEL 100.

2. Violation of safety rules during the operation of a natural cave or grotto where the organized descent of persons takes place, a hoisting device, an elevator, an escalator, which has resulted in a second-degree substantial non-compliance, −

shall result in a fine of GEL 200.

3. Violation of safety rules during the operation of a natural cave or grotto where the organized descent of persons takes place, a hoisting device, an elevator, an escalator, which has resulted in a first-degree critical non-compliance, −

shall result in a fine of GEL 1,000.

4. Violation of safety rules during the operation of a natural cave or grotto where the organized descent of persons takes place, a hoisting device, an elevator, an escalator, which has resulted in a second-degree critical non-compliance, −

shall result in a fine of GEL 2,000.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 30. Covert operation of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower facility (including a technological process, technical device, mechanism, unit, equipment, any combination thereof)🔗

1. Covert operation of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower facility (including a technological process, technical device, mechanism, unit, equipment, any combination thereof) −

shall result in a fine of GEL 2,000.

2. The same act committed repeatedly, −

shall result in a fine of GEL 4,000.

Article 3¹. Covert operation of oxygen production and other explosion-hazardous processes related thereto, production of liquid oxygen, pumping of oxygen into a reservoir/cylinder, an ammonia-powered refrigeration unit usable for entrepreneurial purposes, a funicular, a cableway, an attraction, a boiler unit, a pressure-operated vessel

1. Covert operation of oxygen production and other explosion-hazardous processes related thereto, production of liquid oxygen, pumping of oxygen into a reservoir/cylinder, an ammonia-powered refrigeration unit usable for entrepreneurial purposes, a funicular, a cableway, an attraction, a boiler unit, a pressure-operated vessel −

shall result in a fine of GEL 1,000.

2. The same act committed repeatedly, −

shall result in a fine of GEL 2,000.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Law of Georgia of 29 April 2015 No. 3484 – website, 14.05.2015.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 32. Covert operation of a natural cave or grotto where the organized descent of persons takes place, a hoisting device, an elevator, an escalator🔗

1. Covert operation of a natural cave or grotto where the organized descent of persons takes place, a hoisting device, an elevator, an escalator −

shall result in a fine of GEL 500.

2. The same act committed repeatedly, −

shall result in a fine of GEL 1,000.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Article 33. Failure to conduct periodic technical inspection of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower structure🔗

1. Failure by the owner of a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower structure to conduct periodic technical inspection of the facility (except for failure caused by the fault of the inspection body) −

shall result in a fine of GEL 2,000.

2. The same act committed repeatedly, −

shall result in a fine of GEL 4,000.

Article 34. Failure to conduct periodic technical inspection of oxygen production and other explosion-hazardous processes related thereto, production of liquid oxygen, pumping of oxygen into a reservoir/cylinder, refrigeration equipment operating on ammonia and used for entrepreneurial purposes, a funicular, a cableway, an attraction, boiler equipment, pressure-operated vessels🔗

1. Failure by the owner of oxygen production and other explosion-hazardous processes related thereto, production of liquid oxygen, pumping of oxygen into a reservoir/cylinder, refrigeration equipment operating on ammonia and used for entrepreneurial purposes, a funicular, a cableway, an attraction, boiler equipment, pressure-operated vessels to conduct periodic technical inspection of the facility (except for failure caused by the fault of the inspection body) –

shall result in a fine of GEL 750.

2. The same act committed repeatedly, −

shall result in a fine of GEL 1,500.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Law of Georgia of 29 April 2015 No. 3484 – website, 14.05.2015.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 35. Failure to conduct periodic technical inspection of a natural cave or grotto where organized admission of persons takes place, a hoisting device, an elevator, an escalator🔗

1. Failure by the owner of a natural cave or grotto where organized admission of persons takes place, a hoisting device, an elevator, an escalator to conduct periodic technical inspection of the facility (except for failure caused by the fault of the inspection body) −

shall result in a fine of GEL 500.

2. The same act committed repeatedly, −

shall result in a fine of GEL 1,000.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Article 36. Failure by the owner of a facility to notify the Technical and Construction Supervision Agency about an accident/incident that occurred at a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower structure🔗

1. Failure by the owner of a facility to notify the Technical and Construction Supervision Agency immediately (within 24 hours) about an accident/incident that occurred at a quarry, mine, shaft, oil depot, main oil pipeline, main gas pipeline, hydropower structure −

shall result in a fine of GEL 1,000.

2. Failure by the owner of the facility referred to in paragraph 1 of this Article to notify the Technical and Construction Supervision Agency within 72 hours about an accident/incident that occurred −

shall result in a fine of GEL 2,000.

Article 37. Failure to notify the Technical and Construction Supervision Agency about an accident/incident occurring during oxygen production by the owner of a facility and other explosion-hazardous processes related thereto, during the production of liquid oxygen, when oxygen is pumped into a reservoir/cylinder, on an ammonia-operated refrigeration unit used for entrepreneurial purposes, on a funicular, a cableway, an attraction, a boiler unit, a pressure-operated vessel🔗

1. Failure to notify the Technical and Construction Supervision Agency immediately (within 24 hours) about an accident/incident occurring during oxygen production by the owner of a facility and other explosion-hazardous processes related thereto, during the production of liquid oxygen, when oxygen is pumped into a reservoir/cylinder, on an ammonia-operated refrigeration unit used for entrepreneurial purposes, on a funicular, a cableway, an attraction, a boiler unit, a pressure-operated vessel −

shall result in a fine of GEL 500.

2. Failure to notify the Technical and Construction Supervision Agency within 72 hours about an accident/incident occurring during oxygen production by the owner of a facility and other explosion-hazardous processes related thereto, during the production of liquid oxygen, when oxygen is pumped into a reservoir/cylinder, on an ammonia-operated refrigeration unit used for entrepreneurial purposes, on a funicular, a cableway, an attraction, a boiler unit, a pressure-operated vessel −

shall result in a fine of GEL 750.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Law of Georgia of 29 April 2015 No. 3484 – website, 14.05.2015.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 38. Failure to notify the Technical and Construction Supervision Agency about an accident/incident occurring in a natural cave or grotto where the organised admission of persons takes place, on a lifting device, an elevator, an escalator, by the owner of a facility🔗

1. Failure to notify the Technical and Construction Supervision Agency immediately (within 24 hours) about an accident/incident occurring in a natural cave or grotto where the organised admission of persons takes place, on a lifting device, an elevator, an escalator, by the owner of a facility −

shall result in a fine of GEL 200.

2. Failure to notify the Technical and Construction Supervision Agency within 72 hours about an accident/incident occurring in a natural cave or grotto where the organised admission of persons takes place, on a lifting device, an elevator, an escalator, by the owner of a facility −

shall result in a fine of GEL 400.

Law of Georgia of 26 December 2014 No. 3004 – website, 12.01.2015.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 39. Use of industrial-purpose explosives without the relevant permit🔗

Use of industrial-purpose explosives without the relevant permit −

shall result in a fine of GEL 1000.

Article 40. Violation of the permit conditions for the use of industrial-purpose explosives🔗

Violation of the permit conditions for the use of industrial-purpose explosives −

shall result in a fine of GEL 500.

Article 41. Violation of the deadline for correcting non-compliance🔗

Violation by the owner of the facility of the deadline for correcting non-compliance –

shall result in a fine of GEL 1,000.

Article 42. Conduct of inspection by an independent inspection body without inspection accreditation and violation of the principle of impartiality by an inspection body🔗

1. Conduct of inspection by an independent inspection body without inspection accreditation –

shall result in a fine of GEL 3,000.

2. The same act committed repeatedly –

shall result in a fine of GEL 9,000.

3. Violation of the principle of impartiality by an inspection body –

shall result in a fine of GEL 3,000.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 42¹. Obstruction by an economic operator of a Legal Entity of Public Law − the Market Surveillance Agency in the process of conducting surveillance of a product placed on the market🔗

Obstruction by an economic operator of a Legal Entity of Public Law − the Market Surveillance Agency in the process of conducting surveillance of a product placed on the market −

shall result in a fine of up to GEL 1,000.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

[Article 42¹. (removed) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 42². Failure to comply with a resolution of the Legal Entity of Public Law – Market Surveillance Agency on the suspension of the sale of a product/products by an economic operator🔗

1. Failure by an economic operator to comply with a resolution of the Legal Entity of Public Law – Market Surveillance Agency on the suspension of the sale of a product/products –

shall entail a fine of GEL 1,500 to GEL 3,000.

2. Repeated failure by an economic operator to comply with a resolution of the Legal Entity of Public Law – Market Surveillance Agency on the suspension of the sale of a product/products –

shall entail a fine of GEL 3,000 to GEL 5,000.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

[Article 42². (repealed) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 42³. Failure to comply with a resolution of the Legal Entity of Public Law – Market Surveillance Agency on the withdrawal of a product/products from the market by an economic operator🔗

1. Failure by an economic operator to comply with a resolution of the Legal Entity of Public Law – Market Surveillance Agency on the withdrawal of a product/products from the market –

shall entail a fine of GEL 3,000 to GEL 5,000.

2. Repeated failure by an economic operator to comply with a resolution of the Legal Entity of Public Law – Market Surveillance Agency on the withdrawal of a product/products from the market –

shall entail a fine of GEL 5,000 to GEL 8,000.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

[Article 42³. (repealed) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 42⁴. Failure by an economic operator to comply with a resolution of the Legal Entity of Public Law − Market Surveillance Agency on the recall of a product/products🔗

1. Failure by an economic operator to comply with a resolution of the Legal Entity of Public Law − Market Surveillance Agency on the recall of a product/products −

shall result in a fine of GEL 5,000 to GEL 7,000.

2. Repeated failure by an economic operator to comply with a resolution of the Legal Entity of Public Law − Market Surveillance Agency on the recall of a product/products −

shall result in a fine of GEL 7,000 to GEL 10,000.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

[Article 42⁴. (deleted) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 42⁵. Failure by an economic operator to comply with a resolution of the Legal Entity of Public Law − Market Surveillance Agency on the destruction of a product/products🔗

1. Failure by an economic operator to comply with a resolution of the Legal Entity of Public Law − Market Surveillance Agency on the destruction of a product/products −

shall result in a fine of GEL 7,000 to GEL 9,000.

2. Repeated failure by an economic operator to comply with a resolution of the Legal Entity of Public Law − Market Surveillance Agency on the destruction of a product/products −

shall result in a fine of GEL 9,000 to GEL 12,000.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

[Article 42⁵. (deleted) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 42⁶. Proceedings in a case of an administrative offence related to market supervision🔗

1. In the event of the existence of an administrative offence provided for by Articles 421–42⁵ and 42⁷ of this Code, the Legal Entity of Public Law − Market Supervision Agency shall draw up a protocol of the administrative offence.

2. When an administrative offence provided for by Article 42⁷ of this Code is committed, the protocol of the administrative offence may not be drawn up at the place of inspection. This protocol shall be handed over or sent to the offender, and if delivery to the addressee of this protocol is not possible, the said protocol shall be deemed delivered upon publication on the website of the Legal Entity of Public Law − Market Supervision Agency. The procedure for public publication of this protocol shall be determined by a Resolution of the Government of Georgia.

3. A case of an administrative offence provided for by Articles 42¹–42⁵ of this Code shall be considered by a district (city) court.

4. Payment of the relevant fine provided for by Articles 42¹–42⁵ of this Code shall not release the economic operator from the obligation to comply with the resolution of the Legal Entity of Public Law − Market Supervision Agency.

5. A case of an administrative offence provided for by Article 42⁷ of this Code shall be considered by the Legal Entity of Public Law − Market Supervision Agency.

Law of Georgia of 29 June 2018 No. 2757 – website, 19.07.2018.

Law of Georgia of 31 October 2018 No. 3690 – website, 07.11.2018.

Law of Georgia of 20 December 2019 No. 5690 – website, 26.12.2019.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

[Article 42⁶. (removed) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 42⁷. Failure by an economic operator to fulfil obligations related to product safety🔗

1. Placing on the market or ensuring the availability on the market of a product that does not comply with the requirements established for the said product by the legislation of Georgia and does not pose a threat to human life, health, property and/or the environment, −

shall result in a fine in the amount of GEL 1,000.

2. The same act committed by a product manufacturer, an authorised representative or an importer, −

shall result in a fine in the amount of GEL 1,500.

3. Placing on the market or ensuring the availability on the market of a product that does not comply with the requirements established for the said product by the legislation of Georgia and poses a threat to human life, health, property and/or the environment, −

shall result in a fine in the amount of GEL 2,000.

4. The same act committed by a product manufacturer, an authorised representative or an importer, −

shall result in a fine in the amount of GEL 3,000.

5. Placing on the market or ensuring the availability on the market of a product that does not comply with the requirements established for the said product by the legislation of Georgia and poses a serious threat to human life, health, property and/or the environment, −

shall result in a fine in the amount of GEL 3,000.

6. The same act committed by a product manufacturer, an authorised representative or an importer, −

shall result in a fine in the amount of GEL 4,000.

7. Placing on the market or ensuring the availability on the market of a product that does not comply with the requirements established for the said product by the legislation of Georgia and contains hazardous chemical substances defined by the legislation of Georgia, including nuclear compounds, or which contains another hazard, in particular, after processing may retain a threat to human life, health and/or the environment, −

shall result in a fine in the amount of GEL 4,000.

8. The same act committed by a product manufacturer, an authorised representative or an importer, −

shall result in a fine in the amount of GEL 5,000.

9. Failure by an economic operator to fulfil the obligation to provide to a legal entity of public law − the Market Surveillance Agency − the information defined by the legislation of Georgia, −

shall result in a fine in the amount of GEL 500.

10. Repeated commission within 1 calendar year of an administrative offence provided for by this Article, −

shall result in a fine in the amount of double the fine determined for the corresponding administrative offence.

11. For the purposes of this Article, repeated commission of an administrative offence implies the commission by the offender, in respect of a product provided for by the relevant technical regulation, of the same administrative offence in violation of the requirements determined by the said technical regulation, within 1 calendar year after he/she has already been held administratively liable for the commission of the said administrative offence.

12. The decision provided for by this Article shall be adopted in the form of a Resolution. If service of this Resolution on its addressee is impossible, this Resolution shall be deemed served on the 7th day after its publication on the website of the Legal Entity of Public Law − Market Supervision Agency. The procedure for public publication of the said Resolution shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

[Article 42⁷. (removed) (shall enter into force from 1 June 2026)]

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 43. Carrying out unauthorised construction, reconstruction and/or dismantling🔗

1. Carrying out unauthorised construction, reconstruction and/or dismantling, which causes a change in the dimensions of a building/structure, shall result in a fine:

a) on immovable property in the ownership of the State or a municipality – in the amount of GEL 30,000;

b) on immovable property in private ownership – in the amount of GEL 25,000.

2. Carrying out unauthorised construction, reconstruction and/or dismantling without changing the dimensions of a building/structure, or unauthorised reconstruction of engineering and utility networks −

shall result in a fine of GEL 4,000.

Note:

1. Carrying out unauthorised construction on immovable property that is an object of private, State or municipal co-ownership shall result in a fine in accordance with subparagraph „a“ of paragraph 1 of this Article.

2. A change in the dimensions of a building/structure shall be considered to be such construction activity in the course of which the parameters of the foundation, the external enclosing structure and/or the roof of the building/structure are changed (annexing, extension, increase in the height of the building/structure, etc.), while the object created as a result of the construction is an essential component part of the building/structure, the separation of which is impossible without the destruction of the entire building/structure or of that part and/or the loss of their purpose.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 44. (removed)🔗

Law of Georgia of 7 March 2018 No. 2051 - website, 21.03.2018.

Law of Georgia of 22 May 2020 No. 5953 – website, 28.05.2020.

Law of Georgia of 15 July 2020 No. 6937 – website, 28.07.2020.

Law of Georgia of 30 June 2023 No. 3437 – website, 20.07.2023.

Law of Georgia of 1 April 2026 No. 1448 – website, 03.04.2026.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 45. Violation and/or non-fulfilment of permit conditions🔗

Violation and/or non-fulfilment of the permit conditions defined by construction documentation and construction regulations −

shall result in a fine of GEL 20,000.

Law of Georgia of 7 March 2018 No. 2051 – website, 21.03.2018.

Law of Georgia of 20 July 2018 No. 3220 – website, 13.08.2018

Law of Georgia of 22 May 2020 No. 5953 – website, 28.05.2020.

Law of Georgia of 30 June 2023 No. 3437 – website, 20.07.2023.

Law of Georgia of 1 April 2026 No. 1448 – website, 03.04.2026.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 45¹. Failure to provide for the arrangement of space and architectural and planning elements for persons with disabilities as provided for by the relevant technical regulation🔗

1. Failure to provide for the arrangement of space and architectural and planning elements for persons with disabilities as provided for by the relevant technical regulation −

shall result in a fine of GEL 30,000.

2. The state supervision body over construction activity, together with the adoption of a resolution on the imposition of a fine for the construction offence provided for by paragraph 1 of this Article, shall warn the offender in writing about ensuring the compliance of the construction with the arrangement of space and architectural and planning elements for persons with disabilities and shall grant a period of not less than 30 days for remedying the violation.

3. Non-fulfilment of the requirement provided for by paragraph 2 of this Article shall result in a fine in the amount of double the fine determined by paragraph 1 of this Article.

4. The provisions provided for by paragraphs 2 and 3 of this Article shall apply until the compliance of the construction with the arrangement of space and architectural and planning elements for persons with disabilities is ensured.

Law of Georgia of 5 February 2020 No. 5708 – website, 10.02.2020.

Article 46. (Removed)🔗

Law of Georgia of 5 February 2014 No. 1961 – website, 19.02.2014.

Law of Georgia of 20 July 2018 No. 3220 – website, 13.08.2018

Article 47. (Removed).🔗

Law of Georgia of 5 February 2014 No. 1961 – website, 19.02.2014.

Law of Georgia of 20 July 2018 No. 3220 – website, 13.08.2018

Article 48. Failure to place an information board at the site or placement of incomplete information on the information board🔗

Failure to place an information board at the site or placement of incomplete information on the information board −

shall result in a fine of GEL 1,000.

Law of Georgia of 22 May 2020 No. 5953 – website, 28.05.2020.

Law of Georgia of 15 July 2020 No. 6937 – website, 28.07.2020.

Law of Georgia of 30 June 2023 No. 3437 – website, 20.07.2023.

Law of Georgia of 1 April 2026 No. 1448 – website, 03.04.2026.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 49. Violation of construction safety rules🔗

Violation of construction safety rules −

shall result in a fine of GEL 30,000.

Law of Georgia No. 2051 of 7 March 2018 – website, 21.03.2018.

Law of Georgia No. 5953 of 22 May 2020 – website, 28.05.2020.

Law of Georgia No. 6937 of 15 July 2020 – website, 28.07.2020.

Law of Georgia No. 3437 of 30 June 2023 – website, 20.07.2023.

Law of Georgia No. 1448 of 1 April 2026 – website, 03.04.2026.

Law of Georgia No. 1447 of 1 April 2026 – website, 03.04.2026.

Article 50. Abandonment of a construction site in violation of the established procedure🔗

Abandonment of a construction site in violation of the established procedure −

shall result in a fine of GEL 10,000.

Law of Georgia No. 5953 of 22 May 2020 – website, 28.05.2020.

Law of Georgia No. 6937 of 15 July 2020 – website, 28.07.2020.

Law of Georgia No. 3437 of 30 June 2023 – website, 20.07.2023.

Law of Georgia No. 1448 of 1 April 2026 – website, 03.04.2026.

Law of Georgia No. 1447 of 1 April 2026 – website, 03.04.2026.

Article 51. Failure to comply with a resolution of the state supervision body over construction activity on suspension of construction🔗

Failure to comply with a resolution of the state supervision body over construction activity on suspension of construction −

shall result in a fine of GEL 50,000.

Law of Georgia No. 2051 of 7 March 2018 – website, 21.03.2018.

Law of Georgia No. 5953 of 22 May 2020 – website, 28.05.2020.

Law of Georgia No. 6937 of 15 July 2020 – website, 28.07.2020.

Law of Georgia No. 3437 of 30 June 2023 – website, 20.07.2023.

Law of Georgia No. 1448 of 1 April 2026 – website, 03.04.2026.

Law of Georgia No. 1447 of 1 April 2026 – website, 03.04.2026.

Article 52. Failure to carry out the reconstruction or dismantling of an emergency building or structure whose existence without reconstruction or dismantling poses an immediate threat to human life and/or health🔗

Failure to carry out the reconstruction or dismantling of an emergency building or structure whose existence without reconstruction or dismantling poses an immediate threat to human life and/or health, −

shall entail a fine of GEL 5,000.

Note: If the owner of a building or structure becomes aware that his/her property poses a threat to the life and/or health of a third person, he/she shall be obliged to apply to the relevant bodies and notify them of such threat. The owner shall be obliged, within the limits of his/her ability, to take safety measures to prevent the threat. The liability provided for by this Article shall be imposed on the owner of a building or structure only if he/she fails to carry out the measures defined by this Note.

Law of Georgia of 22 May 2020 No. 5953 – website, 28.05.2020.

Law of Georgia of 15 July 2020 No. 6937 – website, 28.07.2020.

Law of Georgia of 30 June 2023 No. 3437 – website, 20.07.2023.

Law of Georgia of 1 April 2026 No. 1448 – website, 03.04.2026.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 52¹. Failure to carry out the repair (renovation), reconstruction, restoration and/or dismantling of a building or structure that disfigures the appearance of a municipality🔗

Failure to carry out the repair (renovation), reconstruction, restoration and/or dismantling of a building or structure that disfigures the appearance of a municipality and is located within the area of visual perception from public space, −

shall result in a fine of GEL 5,000.

Note:

1. For the purposes of this Article, a building or structure shall be considered to disfigure the appearance of a municipality if its exterior cladding, roofing, glazing, fencing, or external enclosing structure is damaged.

2. In the event of the commission of the offence provided for by this Article, the state supervision body for construction activity shall issue an instruction to the owner of the building or structure, by which, taking into account the condition of the building or structure, it shall set for the owner a reasonable time limit for the correction of the offence (wrapping the building or structure in a protective net shall not be considered correction of the offence). After the expiry of the time limit set by this instruction, the state supervision body for construction activity shall draw up an inspection report. If the offence has not been corrected within the set time limit, the fine provided for by this Article shall be imposed on the owner of the building or structure in accordance with the procedure established by this Code.

3. In the event of the commission of the offence provided for by this Article, the state supervision body for construction activity shall have the right to issue an instruction to the owner of the building or structure demanding its dismantling only in the case where the repair (renovation), reconstruction or restoration of that building or structure is impossible.

4. The operation of this Article shall not extend to a residential house located on a household land plot, a cultural heritage monument, and a building or structure used for residential purposes.

Law of Georgia of 17 March 2020 No. 5778 – website, 23.03.2020.

Law of Georgia of 30 June 2023 No. 3437 – website, 20.07.2023.

Law of Georgia of 1 April 2026 No. 1448 – website, 03.04.2026.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 53. Compensation for damage and expenses🔗

1. Fining the offender does not release the offender from the obligation to remedy the violation and to compensate the damage caused by the violation.

2. An official and other public servant of the state supervision body for construction activity shall be liable for damage caused by them in the performance of their official duties, in accordance with the procedure established by the legislation of Georgia.

3. Persons who incurred expenses for the preservation of the appearance of a building or structure in their ownership or lawful possession and for the safety of the construction site, if the incurring of these expenses is caused by the failure to observe construction norms and the conservation regime during construction on an adjacent plot, have the right to demand from the offender compensation of the incurred expenses. In the event of failure to reach agreement on compensation of expenses, the dispute shall be considered by a court.

4. In the event of failure to remedy the violation within the established time limit, if the immediate failure to remedy the violation may cause damage to state or public interests, the state supervision body for construction activity may adopt a reasoned decision on the performance of the conditions of the instruction by itself or through third parties and/or at its own expense. The decision may be appealed in accordance with the procedure established by the legislation of Georgia. Appealing the decision does not suspend its enforcement.

5. The state supervision body for construction activity shall be obliged to demand from the offender compensation of the expenses incurred in accordance with paragraph 4 of this article. In the event of the offender's refusal to voluntarily compensate the expenses, the state supervision body for construction activity has the right to apply to a court with a request to impose on the offender and demand payment of the incurred expenses.

Law of Georgia of 27 October 2015 No. 4366 - website, 11.11.2015.

Law of Georgia of 21 December 2016 No. 160 - website, 28.12.2016.

Article 54. Imposition of attachment on the land plot of an object under construction in violation of Georgian legislation and its realization🔗

1. The authorized body of the relevant municipality, in the case provided for by paragraph 2 of Article 26 of this Code by the violator, is entitled to apply to the court for the purpose of imposing attachment on the land plot of an object under construction in violation of Georgian legislation.

2. The attachment imposed on the land plot on the basis of the application to the court by the authorized body of the relevant municipality shall be lifted immediately upon full coverage of the amount of the fine.

3. The realization of the attached land plot of the violator shall be carried out by the authorized body of the relevant municipality by way of holding an auction.

4. The time and place of holding the auction shall be determined by the authorized body of the relevant municipality, for which purpose it shall, 30 days before the holding of the auction, disseminate through the mass media a notice, which shall indicate:

a) the time and place of holding the auction;

b) the details of the owner of the land plot (name and surname/designation, address);

c) the designation of the land plot to be sold (brief description of the property);

d) the starting price of the land plot, which is the market price of the attached item indicated in the act of imposition of attachment;

e) that third persons who have rights to this land plot are obliged to submit the documents confirming these rights before the start of the auction;

f) the conditions of the auction.

5. After the dissemination of the notice on the holding of the auction, all interested natural and legal persons have the right to familiarize themselves in advance with the land plot put up for sale at the auction.

6. From the proceeds received as a result of the sale of the land plot, the following shall be covered in the first place:

a) the expenses related to the imposition of attachment and realization;

b) the amount of the fine.

7. The funds remaining after the expenses and the amount covered in the first place from the proceeds received as a result of the sale of the land plot shall be returned to the violator.

8. The realization of the attached land plot shall be terminated if the violator, before the holding of the auction, ensures the coverage of the amount of the fine and the expenses related to the imposition of attachment and realization.

9. The rules for the realization of the attached land plot by way of holding an auction shall be established by the representative body of the relevant municipality.

Law of Georgia of 15 July 2020 No. 6937 – website, 28.07.2020.

Chapter V. Technical Regulation

Article 55. General Provisions🔗

1. A technical regulation shall promote an open market economy and free trade. The adoption or application of a technical regulation shall not create inadequate technical barriers to trade/business activity, including in international trade, and shall be proportionate to the risk to human life and health safety and environmental protection.

2. A product for which compliance with the requirements of a technical regulation is established by Georgian legislation shall comply with these requirements in accordance with Georgian legislation when placed on the market and during the period of operation.

3. The placing on the market of a product that meets the requirements of a technical regulation may not be prohibited, restricted or hindered.

4. The manufacturer shall be obliged to design and produce a product regulated by a technical regulation in accordance with the requirements of the technical regulation.

Article 56. Technical Regulation🔗

1. All acts containing a technical norm and mandatory for implementation shall be adopted in the form of a technical regulation.

2. A technical regulation determines the basic principles that protect human health, life, property and the environment.

3. The requirements of a technical regulation may extend to a product when that product is placed on the market, as well as to a process, a service, a person and objects, and may cover the period of their commencement of operation and operation, if this is indicated in the technical regulation.

4. The safety norms provided for by a technical regulation shall be proportionate to the risk.

5. If several of the technical regulations in force alternatively regulate the same product and/or process, compliance with any one of them is sufficient.

6. If there is a difference between alternative technical regulations that have been adopted, recognised or deemed equivalent, this shall not be considered a contradiction between them and all of them shall be applied equally.

7. If, in respect of the same product and/or process, the safety-ensuring characteristics of several alternative technical regulations can be applied, only one technical regulation, the selected one, shall be applied. It is inadmissible to mix/combine the characteristics provided for by different technical regulations in respect of the same product and/or process.

8. If the requirements of more than one technical regulation apply simultaneously as mandatory to the same product, the product shall simultaneously satisfy the requirements of all these technical regulations.

9. A technical regulation shall be considered invalid if the circumstances or purposes that were the basis for its adoption no longer exist. In such a case, any interested person is entitled to apply to the Government of Georgia requesting the repeal of the technical regulation.

10. A change in the basis for the adoption of a technical regulation entails a change or repeal of the technical regulation itself.

11. In the regulated fields, Georgia recognises the technical regulations of the European Union.

12. If the necessity arises to introduce a technical regulation and there exist generally recognised international standards or their development is at the completion stage, Georgia is obliged to use them or their relevant parts as a basis.

13. A technical regulation which creates inadequate technical barriers to trade may be challenged in court.

14. An interested person may challenge a technical regulation in force in court if it establishes requirements stricter than the requirements existing in the best international practice.

Article 57. Essence of a technical regulation🔗

1. A technical regulation shall contain the following main provisions:

a) its scope of application and the object of technical regulation;

b) main concepts and definitions;

c) main conditions for placing the product on the market;

d) requirements for the object of technical regulation;

e) conformity assessment procedures.

2. A technical regulation shall be effective from the moment of registration in the register of technical regulations.

3. A technical regulation, taking into account the specific specification, may establish the mandatory:

a) characteristics/parameters of a product/process/service;

b) safety/innocuity criteria;

c) rules of labour and/or consumer safety;

d) terminology, symbols, packaging, marking, labelling, product-related process or production method related to safety/innocuity requirements;

e) conformity assessment procedures and periodicity;

f) administrative procedures;

g) where appropriate, the rules and periodicity of inspection;

h) the authorised body exercising supervision;

i) references to the application of standards (presumption of conformity);

j) conditions of operation;

k) transitional and final provisions.

Article 58. Adoption of a technical regulation🔗

1. A technical regulation shall be adopted only in a case directly defined by law, which establishes the purpose and scope of the technical regulation.

2. A technical regulation shall be adopted only by law or by a Resolution of the Government of Georgia.

3. An interested person shall have the right to:

a) request the repeal of a technical regulation or standard that does not comply with the principles recognised in Georgia, or the ensuring of compliance with them;

b) apply to the Government of Georgia with a request for the repeal of a technical regulation.

4. The Government of Georgia, on the basis of an application by an interested person, within the scope of its competence, shall address the relevant body by way of intercession, in the manner established by the legislation of Georgia, to bring a non-compliant technical regulation or standard into compliance with the principles recognised in Georgia, or to repeal the technical regulation, or shall notify the interested person of a reasoned refusal.

5. A reasoned refusal of the Government of Georgia to a request for the repeal of a technical regulation or standard or for ensuring compliance with the principles recognised in Georgia may be appealed to a court. In court, the burden of proof shall shift to the claimant.

Law of Georgia of 6 September 2013 No. 1041 – website, 23.09.2013.

Article 59. Recognized technical regulation🔗

1. Recognition of a technical regulation is carried out by a decision of the Government of Georgia or on the basis of an international contract and implies the admission by the Government of Georgia of technical regulations of certain countries for operation on the territory of Georgia.

2. Registration of a foreign technical regulation in the register of technical regulations is mandatory only if, according to this technical regulation, a specific product is manufactured in Georgia.

3. The Government of Georgia recognizes only the technical parameters of a foreign technical regulation and may recognize its administrative procedures.

4. The operation of a recognized technical regulation or of a part thereof may be prohibited or restricted on the basis of law, in case of appropriate justification.

5. A recognized technical regulation is part of the legislation of Georgia.

Article 60. Technical regulation recognized as equivalent🔗

On the basis of a one-time act of the Government of Georgia, certain foreign technical regulations may be recognized as equivalent and admitted for operation, which confirms that the said technical regulations adequately fulfil, for the given specific case, the safety objectives established by the legislation of Georgia.

Article 61. Register of technical regulations🔗

1. An adopted technical regulation shall be registered in the register of technical regulations, which is maintained by the Ministry of Justice of Georgia.

2. All normative acts of Georgia that contain a technical norm shall be registered in the register of technical regulations. The receiving/issuing body/official of the said normative act is obliged to ensure immediately the registration of the relevant normative act in the register of technical regulations.

3. Any person may request the registration of an adopted technical regulation.

Article 62. Placing on the market of a product posing a presumed risk🔗

1. The law determines the product/process/service (regulated field) which, when placed on the market, requires a conformity assessment.

2. Placing on the market of a product conforming to an adopted, recognized or equivalent technical regulation is possible on the basis of a conformity-confirming document issued by the authorized body in the country of origin of the product. The said document shall be submitted in Georgian or English.

3. When placing on the market a product manufactured or imported on the basis of a recognized technical regulation, the conformity assessment is carried out in accordance with the procedures established by the same technical regulation.

4. In the event of a court dispute, the interested party translates the recognized technical regulation into Georgian.

Article 63. Right of the Government of Georgia to recognize marking as equivalent🔗

1. The Government of Georgia establishes the list of countries and jurisdictions whose products bearing the respective marking are admitted in Georgia without additional conformity assessment.

2. The respective marking of another country which meets the requirements related to marking established by the legislation of the respective country shall be considered as satisfying the new approach technical regulations in force in Georgia.

Chapter VI. Standardization

Article 64. General provisions🔗

1. A standard shall be based on the generalized results of practical experience, science and technology and shall aim at increasing production efficiency and compatibility.

2. The application of a standard is voluntary. An interested person has the right, in order to fulfil the requirements defined by a legal act of the Government of Georgia, to develop and apply another technical approach, except where a legal act of the Government of Georgia directly indicates the application of a specific standard.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 65. Definition of terms🔗

For the purposes of this Chapter, the terms have the following meaning:

a) standard − a document developed on the basis of consensus and registered by a standards body, which, for general and repeated use, establishes rules, general principles or characteristics for various activities/actions or their results in a certain field for the purpose of optimization;

b) international standard – a standard adopted by an international standardization organization;

c) European standard − standards adopted by European standards organizations, including harmonized standards adopted on the basis of a request of the European Commission, for use in unified, harmonized legislation;

d) Georgian standard (sst) − a standard adopted by a Legal Entity of Public Law − the National Agency of Standards and Metrology of Georgia on the basis of an international standard, a European standard or a national standard or their drafts;

e) enterprise internal standard – a standard developed by an entrepreneur which sets out specific technical requirements that a product, process or service meets. An enterprise internal standard is not considered a standard for other persons, does not require registration and is not covered by this Code;

f) declared standard – a standard which the manufacturer uses and the application of which it indicates, including an enterprise internal standard;

g) national standards body − a Legal Entity of Public Law − the National Agency of Standards and Metrology of Georgia.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 66. Basic principles of standardization🔗

1. All interested parties (manufacturers, service providers, state and municipal bodies, educational and research institutions, consumers, non-governmental organizations and others) may participate voluntarily and on a parity basis.

2. The development and adoption of a standard shall be based on consensus, impartiality and other international principles of standardization.

3. The application of a standard shall be voluntary.

4. In the relevant field, preference shall be given to international and European standards.

5. When developing a standard, modern advances in science and technology shall be applied.

Law of Georgia of 15 July 2020 No. 6937 – website, 28 July 2020.

Law of Georgia of 18 July 2024 No. 4373 – website, 31 July 2024.

Article 67. Principles of adoption of a standard🔗

1. In Georgia, a standard shall be adopted in the form of a Georgian standard and shall be registered in accordance with this Chapter.

2. Other standards may be used in Georgia without registration.

3. A standard shall not contradict the legislation of Georgia.

4. The following may be adopted as a Georgian standard:

a) the standards defined by Article 65 of this Code, for the fulfilment of the requirements established by a technical regulation in force in Georgia, which are adopted by a Legal Entity of Public Law within the system of the Ministry of Economy and Sustainable Development of Georgia − the National Agency of Standards and Metrology of Georgia (hereinafter − the Agency);

b) an international standard or a European standard, the Georgian version of which is considered by the technical committee for standardisation;

c) a standard − in the case provided for by Article 68 of this Code.

5. A standard provided for by paragraph 4 of this Article, which an interested person will use for the fulfilment of the requirements established by a technical regulation, shall be registered as a Georgian standard (GES). In the register of standards, the registration number of a standard is composed in accordance with international codification. The first three letters (GES) of the registration number of a standard designate the Georgian standard (in Latin − GES), the following letters express the abbreviation of the standard adopted by a European organisation and/or an international organisation, which is adopted as a Georgian standard (GES) (where such a standard exists), and thereafter the serial number of the standard is indicated in accordance with the procedure for maintaining the register of standards and adopting a standard.

6. The Agency shall not consider a draft standard in a field in which an international standard, a European standard or their drafts exist.

7. The Agency shall not transmit to the technical committee for standardisation for consideration a draft standard in a field in which:

a) an international standard, a European standard or their drafts exist;

b) there is no broad demand for the standard.

8. An international standard or a European standard shall be adopted as a Georgian standard (GES) also by the method of translation of the "title page" of the standard.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 68. Development and Adoption of a Standard🔗

1. Any interested person may develop a draft standard in Georgia. If a person wishes to register a standard developed by them as a Georgian standard, they shall apply to the Agency with justification that in the field defined by the draft submitted by them there is broad demand for the standard, except where the standard is intended to satisfy the requirements of a technical regulation.

2. The Agency adopts a decision on the expediency of consideration of the matter by the relevant technical committee.

3. The technical committee for standardization adopts by consensus a decision on the expediency of adopting the standard. In the case of the Agency adopting a decision on registration of the standard in the register of standards, the General Director of the Agency issues the relevant legal act.

3¹. In the case of the technical committee for standardization adopting by consensus a negative decision on the expediency of adopting the standard, it adopts a decision on temporary suspension of the consideration of the standard or on refusal to adopt the standard. In the case of adopting a decision on refusal of the expediency of adopting the standard, the technical committee for standardization submits to the Agency the justification for the refusal of the expediency of adopting the standard and reflects it in its minutes.

4. In the case of the Agency adopting a negative decision, the applicant has the right to appeal this decision to the Ministry of Economy and Sustainable Development of Georgia.

5. A standard is granted legal status after the Agency registers this standard in the register of standards. The procedure for maintaining the register of standards and for registration of a standard is determined by the General Director of the Agency.

6. (Removed - 18.07.2024, No. 4373).

7. (Removed - 18.07.2024, No. 4373).

8. (Removed - 18.07.2024, No. 4373).

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 69. Voluntariness and Accessibility of a Standard🔗

1. For the purpose of satisfying the requirements defined by a legal act of the Government of Georgia, the selection of a standard, including a method, is voluntary, except where the legal act of the Government of Georgia indicates the mandatory nature of compliance with a specific standard.

2. A person has the right to use an enterprise internal standard or another standard, if the requirements of the legal act of the Government of Georgia are thereby satisfied. In this case, the burden of proving the satisfaction of the requirements defined by the legal act of the Government of Georgia passes to the manufacturer.

3. Liability for violation of a declared standard is determined by the legislation of Georgia.

4. A registered standard is accessible to any interested person in exchange for the relevant remuneration.

Law of Georgia of 1 April 2026 No. 1447 – website, 03.04.2026.

Article 70. Technical Committee🔗

1. The Agency, with the participation of interested parties, in individual fields, taking into account need/priority, creates technical committees for standardization. Interested parties participate in the work of the technical committee for standardization voluntarily, on the basis of equality.

2. The function of the technical committee for standardization is to adopt by consensus a decision on the expediency of adopting a standard or on refusal of the expediency of adopting a standard.

3. The procedure for creating a technical committee shall be established by Order of the Minister of Economy and Sustainable Development of Georgia, taking into account best international practice.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 70¹. Standardization Council🔗

1. The Standardization Council is a consultative body of the Agency, which is created from interested parties on the basis of equality and participates in the discussion and development of recommendations related to the policy of the field of standardization.

2. The rules for the creation of the Standardization Council and for the conduct of activities by it shall be approved by the Minister of Economy and Sustainable Development of Georgia.

3. The Standardization Council shall carry out its activities on the basis of transparency, impartiality, openness and other principles of standardization.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 71. Agency🔗

The activities defined by this Chapter and Chapter VII of this Code shall be carried out by the Agency, which shall conduct its activities within the scope of the competence defined by the legislation of Georgia, including the statute of the Agency. The statute of the Agency shall be approved by the Minister of Economy and Sustainable Development of Georgia.

Article 72. Main functions of the Agency🔗

The main functions of the Agency are:

a) maintaining the register of standards and ensuring the publicity of their list;

b) maintaining the register of types of legal measuring instruments;

c) approval / recognition and certification of types of legal measuring instruments;

d) ensuring access to information about registered standards;

e) ensuring the exchange of information on standards and technical regulations registered in Georgia with the relevant international organizations;

f) representation of Georgia in international and European organizations operating in the field of standardization and metrology – within the scope of its competence;

g) ensuring the fulfilment of the obligations assumed under the international treaties of Georgia concluded in the field of standardization and metrology;

h) maintenance of state measurement standards, reproduction and transfer of the units of measurement of physical quantities and ensuring their traceability through calibration;

i) development of a methodology for calculating the fee for the Agency's services;

j) exercise of other rights and fulfilment of obligations assigned to it by the legislation of Georgia.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 73. Head of the Agency and its legal acts🔗

1. The Agency shall be headed by a Director General, who shall be appointed to and dismissed from office by the Minister of Economy and Sustainable Development of Georgia.

2. The Director General of the Agency, in accordance with the legislation of Georgia, within the scope of his/her competence, for the implementation of the purposes of the law, shall issue normative acts − orders, and administrative-legal acts − instructions.

3. The Director General of the Agency shall manage the day-to-day activities of the Agency.

Article 74. Report of the Agency🔗

1. The Agency shall be obliged to submit an annual report on the powers exercised by it and on its financial-economic activity to the body exercising state control.

2. The annual report of the Agency shall be accessible to any person.

Article 75. Metrology Institute🔗

1. There shall be a structural unit within the Agency – the Metrology Institute, whose powers shall be determined by this Code.

2. The head of the Metrology Institute shall be appointed to and dismissed from office by the Minister of Economy and Sustainable Development of Georgia upon the recommendation of the Director General of the Agency.

Article 76. Property and funding of the Agency🔗

1. For the implementation of the set goals and the performance of the assigned functions, the relevant property shall be transferred to the Agency in accordance with the procedure established by the legislation of Georgia.

2. The sources of funding of the Agency shall be:

a) the State Budget of Georgia;

b) revenues received from the registration of standards and from the sale of standards registered with the Agency;

c) revenues received from metrological activity in accordance with the procedure established by the legislation of Georgia;

d) other revenues permitted by the legislation of Georgia.

3. The rules for calculating the fees for the activities provided for by subparagraphs „b“ and „c“ of paragraph 2 of this Article shall be approved by the Government of Georgia.

4. The fee for the activity carried out in accordance with subparagraph „d“ of paragraph 2 of this Article shall be determined by a contract concluded between the parties.

Article 77. State control of the Agency🔗

1. State control of the Agency shall be exercised by the Ministry of Economy and Sustainable Development of Georgia.

2. The accounting and reporting of the financial-economic activity of the Agency shall be audited annually by an independent auditor appointed by the Ministry of Economy and Sustainable Development of Georgia.

3. The Ministry of Economy and Sustainable Development of Georgia shall be entitled to inspect the financial-economic activity of the Agency and the lawfulness, expediency and effectiveness of the activity carried out by it.

4. The Minister of Economy and Sustainable Development of Georgia shall be entitled to suspend and/or revoke an unlawful legal act of the Director General of the Agency.

Chapter VII. Ensuring the uniformity of measurements

Article 78. General provisions🔗

This Chapter establishes the legal grounds for ensuring the uniformity of measurements in Georgia, as well as requirements for those measuring instruments:

a) which are used for the purposes of the Tax Code of Georgia, the Customs Code of Georgia and forensic examination;

b) the measurement results of which are used for administrative fining.

Law of Georgia of 28 June 2019 No. 4916 – website, 04.07.2019.

Article 79. Definition of terms🔗

For the purposes of this Chapter, the terms have the following meaning:

a) unit of measurement – a specific value of a physical quantity, adopted in accordance with the Metre Convention and by which the values of other homogeneous units are compared with each other in order to express the dependence of their values on this specific quantity;

b) measuring instrument – a technical means used for measurement and having standardised metrological characteristics;

c) legalised measuring instrument – a measuring instrument that is subject to mandatory conformity assessment or metrological control;

d) type of measuring instrument – a completed/full-fledged model of a measuring instrument of a specific design corresponding to the documentation;

e) standard of a unit of measurement – a measuring instrument intended for the reproduction, storage and transfer of the size of a unit of a physical quantity;

f) calibration – a procedure performed under specified conditions which, at the first stage, establishes the relationship between the values of quantities provided by measurement standards/standards (with measurement uncertainties) and the corresponding indications (with measurement uncertainties associated with them) and, at the second stage, uses this information, by establishing the relationship, to obtain a measurement result from the indications.

Note: Calibration is voluntary and the costs of calibration shall be borne by the customer. Measurements carried out with a calibrated instrument shall not be used for imposing administrative liability;

g) traceability of a measuring instrument – information about a specific measuring instrument by which the connection of this measuring instrument with the corresponding standard of a unit of measurement is established through a continuous chain of comparisons/calibrations, each of which has a known uncertainty;

h) admission for use of a legalised measuring instrument – the first placing of a measuring instrument on the market of Georgia, including import, for the purpose of distribution or use of the measuring instrument;

i) initial verification – verification of a legalised measuring instrument that has not previously been verified, before its first putting into operation, as well as verification of a repaired measuring instrument after repair before putting it into operation;

j) verification – a procedure comprising an external inspection of a measuring instrument, the affixing of a verification mark and/or the issuance of a verification certificate confirming that the measuring instrument complies with the established requirements.

Article 80. Legalized Measuring Instruments🔗

1. Legalized measuring instruments are the measuring instruments established by paragraph 2 of this article, which are used for the purposes of the Tax Code of Georgia, the Customs Code of Georgia and/or forensic examination, and also the measurement results of which are used for administrative fining determined by the legislation of Georgia.

2. For mandatory verification of legalized measuring instruments, the following periodicity is established:

a) for alcoholmeters used for breath alcohol analysis – 6 months;

b) for water flow meters:

b.a) for cold water – 6 years;

b.b) for hot water – 4 years;

b.c) for cold and hot water – 4 years;

c) for automatic weighing instruments – 12 months;

d) for non-automatic weighing instruments and weights used with them – 12 months;

e) for flow measuring instruments used for liquids (other than water) – 1 year;

f) for flow measuring instruments – for the dosing and metering mechanisms of dispensing columns at filling stations used for gases – 1 year;

g) for gas meters (volume conversion devices):

g.a) with maximum flow rate QMAX ≤10 m³/h – 10 years;

g.b) with maximum flow rate QMAX>10 m³/h – 4 years;

h) for liquid level gauges in vessels (tank, reservoir, etc.) – 2 years;

i) for noise meters – 18 months;

j) for speed measuring instruments – 1 year;

k) for electricity meters (active electricity meters) – 12 years;

l) for instruments determining light transmittance of glass – 1 year;

m) for thermal energy meters – 4 years;

n) for exhaust gas analyzers of vehicles – 6 months.

3. The reimbursement of the costs of initial verification and mandatory periodic verification of a legalized measuring instrument established by paragraph 2 of this article shall be borne by the person who uses the measuring instrument for the purposes of administrative fining, the Tax Code of Georgia, the Customs Code of Georgia and forensic examination. The performance of non-periodic verification of a legalized measuring instrument may be requested by the user of the said measuring instrument. In this case, the reimbursement of the costs of non-periodic verification shall be borne by the user himself.

4. When recording the results of measurements carried out in the field provided for by paragraph 1 of this article, the units of the International System of Units shall be used.

5. For the marking of packaged goods, along with the units of the International System of Units, additional designations expressed in units different from the units of the International System of Units may be used.

6. The requirements for a legalized measuring instrument and the rules for its storage shall be established by a technical regulation. The classification of legalized measuring instruments, taking into account the degree of errors, shall also be established by a technical regulation.

7. The performance of verification of a legalized measuring instrument used for household purposes shall not cause an interruption of the supply of water, electricity or gas to its user, unless the user has requested the performance of the verification.

Note: The requirements to be met by measuring instruments defined by subparagraphs „b“–„e“, „g“, „h“, „k“, „m“ and „n“ of paragraph 2 of this Article, except for the case provided for by paragraph 1 of this Article, shall also be determined by the relevant technical regulations approved by the Government of Georgia.

Law of Georgia No. 4916 of 28 June 2019 – website, 04.07.2019.

Law of Georgia No. 4373 of 18 July 2024 – website, 31.07.2024.

Article 81. State (national) standard🔗

1. The State (national) standard reproduces the value of a unit of measurement with the highest accuracy, keeps it and is the basis for the uniformity and accuracy of measurements in Georgia.

2. The State (national) standard shall be comparable or uniform with respect to international or other countries' state standards, so as to ensure the compatibility (conformity) of measurements carried out in Georgia and other countries.

3. The keeping of the State (national) standard shall be ensured by the Agency.

4. The Agency shall be obliged to publish information on the abolition of the State (national) standard.

Article 82. Approval and verification of the type of a measuring instrument🔗

1. A legalized measuring instrument (except for a measuring instrument produced as a sample and/or imported as a sample) requires type approval and shall be subject to initial and periodic verification.

2. A measuring instrument imported as a single unit for a special purpose does not require type approval and shall be subject to initial and periodic verification.

3. The type of a legalized measuring instrument shall be approved by the Agency.

4. The initial and periodic verification of a legalized measuring instrument shall be carried out by the Agency or by an accredited person verifying legalized measuring instruments. The verification shall be carried out on the basis of a technical regulation, which shall contain mechanisms for taking, amending and abolishing the relevant decision.

5. The Agency shall be obliged, on the basis of an international treaty of Georgia, to recognize a type approved and initial verification (conformity assessment) carried out in another country. The list of such countries shall be established by the Government of Georgia.

6. The Agency shall be entitled, when approving a type or when carrying out the initial verification of a measuring instrument manufactured as a single unit for a special purpose, to require the technical documentation of the measuring instrument in the Georgian language.

7. The register of types of legalized measuring instruments shall also register those measuring instruments for which the interval between verifications specified in the type approval documentation or in the manufacturer's documentation is less than the period established by paragraph 2 of Article 80 of this Code. In this case, the interval between verifications shall be the period established by paragraph 2 of Article 80 of this Code.

Article 83. Mark of type approval🔗

1. After type approval, the manufacturer or importer shall affix the national mark of type approval on the legalized measuring instrument or on the accompanying document.

2. If the measuring instrument does not require type approval, the manufacturer or importer may, under his/her own responsibility, affix his/her own mark on the measuring instrument. In this case, such mark shall clearly differ from the national mark of type approval.

3. The national mark of type approval shall be affixed in a visible place of the legalized measuring instrument. The mark of type approval shall be clear and shall not be removable.

4. The national mark of type approval and the requirements related to its affixing shall be established by technical regulation.

Article 84. Verification of a legalized measuring instrument🔗

1. Verification of a legalized measuring instrument includes external inspection, determination of metrological characteristics, assessment and confirmation of its compliance with the approved type.

2. Periodic verification of a legalized measuring instrument shall be carried out after the initial verification, with the periodicity established by paragraph 2 of Article 80 of this Code.

3. If the Agency or an accredited person carries out verification outside its workplace, it is entitled to require the applicant to ensure the conditions necessary for carrying out the verification of the measuring instrument.

4. In the event of positive results of verification, a verification certificate shall be issued and/or a verification mark shall be affixed on the legalized measuring instrument. The requirements related to affixing the verification mark on a legalized measuring instrument shall be established by technical regulation.

5. The validity period of verification of a legalized measuring instrument shall start running from the date of verification, which shall be indicated in the verification certificate.

6. Verification of a legalized measuring instrument shall be invalidated if:

a) the validity period of the verification has expired;

b) the measuring instrument has undergone such change or modification that affects its metrological characteristics;

c) the measuring instrument has been damaged in such a way that it became possible to change its metrological characteristic.

7. The procedures for verification of a legalized measuring instrument shall be established by technical regulation.

Article 85. Expert (official) measurement🔗

1. Expert (official) measurement shall be carried out in the event of a dispute over measurement results, at the request of an interested party or a state body.

2. The rules for conducting expert (official) measurement shall be established by technical regulation.

Article 86. State register🔗

1. State (national) standards and types of legalized measuring instruments shall be registered in the state register maintained by the Agency.

2. The form and the rules for maintaining the register referred to in paragraph 1 of this Article shall be established by the Agency.

3. The Agency shall ensure the constant updating and public availability of the information in the state register.

Chapter VIII. Conformity assessment

Article 87. Scope of application🔗

1. This Code establishes the legal grounds for conformity assessment of the object of conformity assessment – material, product, service, process, system, person.

2. In accordance with this Code, the assessment of conformity of the object of conformity assessment with technical regulations and/or standards shall be carried out.

3. The mandatory nature of conformity assessment shall be determined in a case directly defined by law or on the basis of the relevant technical regulation, the purpose of which is to prevent harm to human life, health, property and the environment.

4. It shall be inadmissible to require product conformity assessment before placing on the market, except in the case where such a requirement follows directly from a technical regulation.

5. A product that was repaired at the time of placing on the market, without change of its initial function, type and purpose, shall not be subject to re-assessment of conformity, unless otherwise provided by a technical regulation.

6. Outside the regulated field, conformity assessment in another field is voluntary, including for placing a product on the market, and shall be carried out on the basis of a contract concluded between the parties.

Article 88. Definition of terms🔗

For the purposes of this Chapter, the terms have the following meaning:

a) recognition – recognition by another person of the results of conformity assessment established by an authorised person;

b) unilateral recognition − recognition whereby one party accepts or recognises the results of conformity assessment of the other party;

c) bilateral recognition − recognition whereby each party accepts or recognises the results of conformity assessment of the other party;

d) multilateral recognition − recognition whereby more than two parties recognise or accept the results of conformity assessment of each party;

e) certification – determination/confirmation by an accredited certification body of the conformity of a product, natural person (personnel) or organisation with specified requirements;

f) declaration of conformity – a document by which the manufacturer confirms the conformity of the product produced and/or placed on the market with the established requirements;

g) testing (examination) – determination of one or more characteristics of the object of conformity assessment in accordance with procedures;

h) inspection – determination of the conformity of the product design documentation, product, process or installation with specified requirements or determination of its conformity with general requirements on the basis of professional judgement. Inspection of a process may include examination of a person, technical means, device, technology and methodology.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 89. Modules and submodules of conformity assessment in the regulated field🔗

1. Conformity assessment in the regulated field may be carried out by modules (submodules).

2. The modules of conformity assessment in the regulated field are:

a) Module A − internal production control – conformity assessment carried out by the manufacturer;

b) Module B − conformity assessment of a product sample (prototype) carried out by an authorised body;

c) Module C − conformity with type based on internal production control − conformity assessment where the authorised body tests specific characteristics of the product and selectively verifies the conformity of the product with the established requirements;

d) Module D − conformity with type based on quality assurance of the production process − conformity assessment where the authorised body inspects the production quality system or parts thereof at the enterprise and supervises the proper functioning of the system;

e) Module E − conformity with type based on product quality assurance − conformity assessment where the authorised body inspects the product quality system or parts thereof at the enterprise and supervises the proper functioning of the system;

f) Module F – conformity based on product verification − verification of the conformity of the product with a certified type or with the established requirements, carried out by the manufacturer, importer, accredited or authorised body on each product or on a statistically selected sample;

g) Module G − conformity based on verification of each product − verification by the authorised body of the conformity of each product with all established requirements;

h) Module H – conformity based on full quality assurance − supervision by the authorised body of the proper functioning of the quality system at the enterprise and, where necessary, assessment of the conformity of the product with the requirements of technical regulations at the design stage.

3. The conformity assessment modules and submodules and the procedures related thereto shall be determined by a Resolution of the Government of Georgia.

4. A specific technical regulation shall determine the conformity assessment module (submodule) or combination thereof which establishes the sequence of actions during conformity assessment, the results of which are considered as evidence of the conformity of the object of conformity assessment with the established requirements, and on the basis of which the document confirming conformity is issued.

5. In the regulated field, placing on the market or operation of the object of conformity assessment without a document confirming conformity shall be inadmissible, unless this is provided for by the technical regulation.

6. In the regulated field, the person placing the object of conformity assessment on the market shall be obliged, upon request, to present to an interested person the document confirming the conformity of the object with the established requirements.

Article 90. Conformity assessment body🔗

A body accredited in accordance with the established procedure or another body authorized by the State, as well as conformity assessment bodies of the countries determined by a Resolution of the Government of Georgia, shall have the right to carry out conformity assessment in a regulated field, in accordance with the procedure established by the Government of Georgia.

Article 91. Conformity attestation documents🔗

Conformity attestation documents are:

a) declaration of conformity – a document by which the manufacturer confirms the conformity of the conformity assessment object with the established requirements;

b) certificate of conformity – a document by which an accredited certification body confirms the conformity of the conformity assessment object with the established requirements;

c) inspection certificate, report or protocol – a document by which an accredited inspection body confirms or does not confirm the conformity of the conformity assessment object with the established requirements.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 92. Conformity attestation document issued abroad🔗

1. Conformity attestation documents issued in accordance with the established procedure in countries with appropriate product safety standards and developed quality infrastructure shall be considered recognized without additional procedures. In such a case, the conformity attestation document shall be submitted in English or with a notarized Georgian translation. The list of such countries shall be determined by the Government of Georgia.

2. In the case determined by the legislation of Georgia, conformity assessment shall be carried out by a conformity assessment person accredited in Georgia or in a State signatory to the MRA (Mutual Recognition Agreement)/MLA (Multilateral Recognition Agreement), ILAC (International Laboratory Accreditation Cooperation), IAF (International Accreditation Forum), EA (European co-operation for Accreditation).

Article 93. Conformity mark🔗

1. The conformity mark indicates that the conformity assessment of the product has been carried out and the product complies with the requirements of the applicable technical regulation.

2. The conformity mark shall be affixed to the product in the case provided for by the technical regulation and in the form/manner provided for.

3. The conformity mark shall be affixed to the product before it is placed on the market by the authorized person provided for by the legislation of Georgia.

4. Another mark may also be affixed to the product if it does not cause confusion with the conformity mark and does not reduce its visibility.

Article 94. Marking of a product🔗

1. Marking of a product is a declaration by the responsible person that:

a) the product complies with new approach technical regulations and does not pose a threat to human life, health and/or property;

b) the product has undergone conformity assessment procedures.

2. The mark shall be affixed to the product clearly, shall be easily legible and shall not be easily removed from the product or part of its data. If the product does not allow this, the mark shall be affixed to the packaging of the product and to the accompanying documents, if this is required by the technical regulation.

3. A product manufactured in Georgia for the Georgian market, which is regulated by new approach technical regulations, shall be manufactured in accordance with these regulations. The GE mark shall be affixed to such product.

4. The rule for marking of a product and the form of the mark shall be determined by a Resolution of the Government of Georgia.

5. A product bearing the CE mark confirming compliance with the requirements in force in the European Union shall be admitted in Georgia without additional conformity assessment procedures.

Article 95. Limitation period🔗

Conformity confirming documentation shall be kept for at least 6 years from the last day of production of the product, except where another period is established by a technical regulation or by law.

Chapter IX. AccreditationLaw of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 96. National Accreditation System🔗

1. Accreditation is an expert assessment carried out by a legal entity of public law — the single national accreditation body — the Accreditation Centre (hereinafter — the Accreditation Centre), on the basis of which, by issuing an accreditation certificate, it confirms that the conformity assessment body meets the requirements defined by the relevant legislation, standard and/or sectoral scheme.

2. Accreditation is voluntary, except where the mandatory nature of accreditation is directly defined by a legislative act or by a normative act issued on its basis.

3. The Accreditation Centre, at the request of an interested party, carries out accreditation of various types of laboratories, certification bodies (except for a provider of qualified trust services provided for by the Law of Georgia "On Electronic Document and Electronic Trust Services"), inspection bodies (including periodic technical inspection centres for motor vehicles, a body certifying legalized measuring instruments) and other types of conformity assessment bodies, both in Georgia and outside its borders.

4. The Accreditation Centre carries out its activities independently, impartially and without discrimination, on the basis of the legislation of Georgia, the accreditation rules and procedures adopted by the Accreditation Centre, and the standards and guidance documents adopted by internationally recognised organisations in the relevant field of accreditation.

5. The Accreditation Centre itself manages the process related to the accreditation system and is responsible for taking the relevant decisions.

6. The Accreditation Centre is not a conformity assessment body.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 97. Basis of the National Accreditation System🔗

1. The national accreditation system is based on uniform goals, rules and principles. Accreditation of various types of conformity assessment bodies is carried out and the relevant matters related to the national accreditation system are determined on the basis of accreditation rules and procedures, which are based on the standards and guidance documents adopted by internationally recognised organisations in the relevant field of accreditation.

2. The accreditation rules and procedures shall be accessible to any interested person.

3. The Accreditation Centre carries out its activities in accordance with the accreditation rules and procedures and on the basis of a contract concluded with the interested person.

4. Where accreditation is granted to a conformity assessment body, an accreditation certificate shall be issued.

Law of Georgia of 18 July 2024 No. 4373 – website, 31.07.2024.

Article 98. Accreditation Certificate and Its Validity Period🔗

1. An accreditation certificate is a strict accounting document. It is issued by the accreditation centre for a defined period, which is common to all types of accredited bodies.

2. The issuance of an accreditation certificate confirms the competence, independence and impartiality of a conformity assessment body to carry out specific activities in a specific field of conformity assessment (CA). The scope of accreditation, within which the accredited conformity assessment body is authorised to carry out activities, is an integral part of the accreditation certificate.

3. During the validity period of the accreditation certificate, the accredited conformity assessment body shall meet the requirements established by the accreditation rules and procedures.

Law of Georgia No. 4373 of 18 July 2024 – website, 31 July 2024.

Article 99. Accreditation Centre🔗

1. The Accreditation Centre carries out its activities on a non-commercial basis. The Regulations, structure and staffing schedule of the Accreditation Centre shall be approved by the Ministry of Economy and Sustainable Development of Georgia.

2. The Accreditation Centre shall be headed by a Director General, who shall be appointed to and dismissed from office by the Prime Minister of Georgia upon the recommendation of the Minister of Economy and Sustainable Development of Georgia.

3. The Director General of the Accreditation Centre, in accordance with the legislation of Georgia and within the scope of his/her competence, shall issue normative legal acts – orders and individual legal acts – directives.

4. In accordance with the accreditation rules and procedures, the Accreditation Centre shall carry out the initial accreditation of conformity assessment bodies, as well as the appropriate measures to be taken for the maintenance of accreditation, re-accreditation, extension of the scope of accreditation, reduction, suspension or withdrawal of accreditation of accredited bodies.

5. In accordance with the accreditation rules and procedures, the Accreditation Centre shall carry out work related to accreditation on the basis of a contract concluded with a conformity assessment body, for the established fee, the amount and procedure for determining which shall be approved by the Government of Georgia.

6. Where necessary, the Accreditation Centre shall establish sectoral technical committees, which shall provide consultations to the Accreditation Centre by issuing recommendations/submitting proposals for resolving specific technical issues.

7. In the event of an application by an interested person, the Accreditation Centre shall, in accordance with the accreditation rules and procedures, consider a complaint related to the activities of an accredited conformity assessment body or of the Accreditation Centre.

8. State control over the Accreditation Centre shall be exercised by the Ministry of Economy and Sustainable Development of Georgia. The said Ministry shall be entitled to request the relevant documentation and information.

9. The Accreditation Centre shall prepare an annual report on its activities and submit it to the National Accreditation Council and the Ministry of Economy and Sustainable Development of Georgia. The Accreditation Centre shall ensure that this report is accessible to interested persons.

10. Within the scope of its competence, the Accreditation Centre:

a) represents Georgia in the relevant international and European organizations;

b) cooperates with international organizations and accreditation bodies of other countries.

11. For the implementation of the objectives defined by the legislation of Georgia and for the performance of the functions assigned to it, the Accreditation Centre shall be transferred the relevant property in accordance with the procedure established by the legislation of Georgia.

12. The sources of financing of the Accreditation Centre are:

a) the State Budget of Georgia;

b) income received in the form of fees for services rendered by the Accreditation Centre (the procedure for determining this fee shall be approved by the Government of Georgia), including:

b.a) income received from the performance of work related to accreditation;

b.b) income received from conducting teaching/training for an interested person under a contract;

b.c) income received from organizing a conference;

c) other income received under a contract;

d) other income permitted by the legislation of Georgia.

Law of Georgia No. 4373 of 18 July 2024 – website, 31 July 2024.

Article 100. National Accreditation Council🔗

1. The National Accreditation Council is a consultative body of the Accreditation Centre, which is established from interested parties on the basis of equality and participates in the consideration and development of recommendations related to the policy of the accreditation system.

2. The Minister of Economy and Sustainable Development of Georgia shall approve the procedure for the establishment of the National Accreditation Council and the performance of its activities.

Law of Georgia No. 4373 of 18 July 2024 – website, 31 July 2024.

Article 101. Register of Accredited Bodies🔗

1. The Accreditation Centre shall maintain and continuously update the Register of Accredited Bodies and ensure its public accessibility.

2. The form and procedure for maintaining the Register of Accredited Bodies shall be approved in accordance with the accreditation rules and procedures.

Law of Georgia No. 4373 of 18 July 2024 – website, 31 July 2024.

Article 102. Accreditation Symbol🔗

1. The accreditation symbol is a trademark owned by the accreditation centre, which is registered and protected in accordance with the legislation of Georgia.

2. In the case of granting accreditation to a conformity assessment body, the accredited conformity assessment body is entitled to use the accreditation symbol only in the specific field of activity defined by the annex to the accreditation certificate. When carrying out activities in a non-accredited field, the use of the accreditation symbol or any other reference to accredited status shall not be permitted.

3. An accredited conformity assessment body shall be responsible for the correct use of the accreditation symbol. The accreditation symbol shall not be used under such conditions as may create a false impression for the customer and/or user regarding the accredited status.

4. By using the accreditation symbol, an accredited conformity assessment body declares that the accreditation centre confirms its competence, independence and impartiality and that it meets the relevant requirements established for accreditation.

5. The use by an accredited conformity assessment body of the accreditation symbol or a reference to accredited status does not imply that the accreditation centre is responsible for the consequences of the content of a certificate, report or protocol issued by the accredited conformity assessment body within the scope of its activities.

6. Additional rules and conditions for the use of the accreditation symbol shall be established and the relevant issues related to the incorrect use of the accreditation symbol shall be determined by the accreditation rules and procedures.

Law of Georgia of 18 July 2024 No. 4373 – website, 31 July 2024.

Chapter X. Transitional and Final Provisions

Article 103. Transitional Provisions🔗

1. The relevant agencies shall, by 31 December 2013, submit to the Government of Georgia drafts of technical regulations to be adopted as a result of the revision of existing technical regulations (norms, rules, instructions, requirements).

2. The Government of Georgia shall, by 1 April 2014, approve and publish the list of technical regulations in force/registered in Georgia.

3. The Government of Georgia shall publish, once a year, an updated list of the technical regulations registered in the register of technical regulations and in force.

4. The Government of Georgia shall, by 1 March 2013, develop and approve the list of countries whose technical regulations are permitted to be applied in Georgia.

5. A normative act issued by a state body before the entry into force of this Code, which in substance is a technical regulation, shall be subject to issuance in the relevant form established by Article 57 of this Code and to registration in the register of technical regulations.

6. Within 6 months from the entry into force of this Code, the Government of Georgia shall determine the procedure for maintaining the departmental register of facilities posing increased danger.

7. Within 2 months from the entry into force of this Code, the Government of Georgia shall establish the criteria for selecting insurance companies for the relevant liability insurance provided for by paragraph 5 of Article 21 of this Code and the insurance rules.

8. Within 6 months from the entry into force of this Code, the Legal Entity of Public Law – the Unified National Accreditation Body – the Accreditation Centre shall ensure that the requirements of this Code are reflected in its normative acts.

9. By 1 January 2013, the Government of Georgia shall ensure the development and adoption, in accordance with the established procedure, of the technical regulation provided for by paragraph 7 of Article 18 of this Code.

10. Within 4 months from the entry into force of this Code, the Ministry of Economy and Sustainable Development of Georgia shall ensure the implementation of liquidation measures for the state sub-agency institution – the Technical and Construction Inspection – in accordance with the procedure established by the legislation of Georgia.

10¹. Before the establishment and commencement of functioning of the Legal Entity of Public Law – the Technical and Construction Supervision Agency, the state sub-agency institution of the Ministry of Economy and Sustainable Development of Georgia – the Technical and Construction Inspection – shall have the right to respond to the offence provided for by Article 27¹ of this Code and to impose the relevant fine.

11. Within 4 months from the entry into force of this Code, the Ministry of Economy and Sustainable Development of Georgia shall ensure the implementation of the relevant measures for the purpose of establishing the Legal Entity of Public Law – the Technical and Construction Supervision Agency.

12. Within 3 months from the entry into force of this Code, the Minister of Economy and Sustainable Development of Georgia shall approve the statute and staffing schedule of the Legal Entity of Public Law – the Technical and Construction Supervision Agency.

13. The Legal Entity of Public Law − Technical and Construction Supervision Agency shall be considered the successor of the state sub-agency institution of the Ministry of Economy and Sustainable Development of Georgia − Technical and Construction Inspection, except for the exception provided for by paragraph 14 of this article.

14. The Ministry of Economy and Sustainable Development of Georgia shall be considered the successor of the state sub-agency institution of the Ministry of Economy and Sustainable Development of Georgia − Technical and Construction Inspection, in the part of financial obligations (remuneration of labour, other goods and services) arising in 1998-2003.

15. The respective agencies shall, before 1 January 2014, ensure the compliance with this Code of the normative acts issued on the basis of the legislative acts declared invalid in accordance with Article 104 of this Code.

16. Before the implementation of the measure provided for by paragraph 15 of this article, the normative acts issued on the basis of the legislative acts provided for by Article 104 of this Code shall remain in force.

17. Within 2 months from the entry into force of this Code, the respective agencies ensured the introduction of appropriate amendments to the regulatory normative acts on objects containing increased technical risk, for the purpose of determining non-essential, essential and critical non-conformities.

18. The Government of Georgia shall, before 1 March 2013, develop and approve the list of those countries whose conformity attestation documents issued by the conformity assessment bodies thereof are recognised in Georgia.

19. The Government of Georgia shall, before 1 March 2013, develop and approve the rules for undergoing the conformity assessment procedure by objects subject to conformity assessment imported from those countries which are not defined in the resolution referred to in paragraph 18 of this article.

20. The Government of Georgia shall, before 1 March 2013, determine the list of those countries in which is produced the product assigned to the regulated sphere, which will be placed on the Georgian market without restriction.

21. The Government of Georgia shall, before 1 June 2013, determine the conformity assessment modules and sub-modules and the procedures related thereto.

22. In accordance with the modules established by Article 89 of this Code, the sub-modules shall be determined by a resolution of the Government of Georgia.

23. The Government of Georgia shall establish the list of those countries and jurisdictions whose products bearing the relevant marking shall be admitted in Georgia without additional conformity assessment procedures.

24. For the purpose of bringing the legislation of Georgia into compliance with this Code, the Government of Georgia shall, before 31 December 2013, ensure the submission to the Parliament of Georgia of drafts of the relevant legislative acts.

25. For objects of special importance, until 2012, no control over the fulfilment of the permit conditions provided for by this Code shall be carried out.

26. The operation of this Code shall extend to all non-functioning/abandoned, demolished buildings and structures existing before the entry into force of this Code, which fall within a zone determined in accordance with Article 47 of this Code, and the running of the 6-month period shall begin from the day of entry into force of the act adopted by the relevant self-governing unit on determining the zone in accordance with paragraph 1 of the same Article.

27. The operation of this Code shall also extend to the proceedings in those construction administrative offence cases provided for by Articles 46 and 47 of this Code that were commenced before its entry into force.

28. Proceedings in a construction administrative offence case commenced before the entry into force of this Code, as provided for by Article 22 of the Law of Georgia “On Technical Risk Control”, in which no decision has been taken, shall be completed in accordance with the procedure established by Article 44 of this Code.

29. The Legal Entity of Public Law − the National Agency for Standards and Metrology of Georgia is the legal successor of the Legal Entity of Public Law − the National Agency for Standards, Technical Regulations and Metrology of Georgia.

30. Upon the entry into force of this Code, the standard of an entrepreneurial entity (MST) shall be considered an internal standard of the enterprise. It does not require registration.

31. The Government of Georgia shall ensure, by 15 November 2018:

a) approval of the rules for determining the categories of product-related risk;

b) approval of the rules for the exercise of market surveillance by the Legal Entity of Public Law − the Technical and Construction Supervision Agency;

c) approval of the rules for withdrawal of a product from the market, recall, suspension of sale and destruction.

Law of Georgia of 29 June 2012 No. 6606 – website, 10 July 2012.

Law of Georgia of 19 December 2012 No. 114 – website, 27 December 2012.

Law of Georgia of 29 June 2018 No. 2757 – website, 19 July 2018.

Law of Georgia of 31 October 2018 No. 3689 – website, 7 November 2018.

Article 103¹. Temporary rule for commissioning of constructions carried out in violation🔗

1. The offending entity that, before the entry into force of this Article, was held liable for a construction offence provided for by Article 45 of this Code (except for non-payment of the amount imposed for increasing the development intensity coefficient (K-2) of the land plot) and, as of the moment of entry into force of this Article, has not paid the amount of the fine/penalty or has paid it in part, shall be released from the obligation to pay the amount of the fine/penalty and/or its unpaid part, while the offending entity by which, as of the moment of entry into force of this Article, a construction offence provided for by Article 45 of this Code has been committed (except for non-payment of the amount imposed for increasing the development intensity coefficient (K-2) of the land plot), but in respect of which proceedings in the construction offence case have not been initiated or proceedings in the construction offence case have been initiated but no resolution has been issued, shall be released from liability established by this Code, if the construction offence committed by them has been remedied by the moment of entry into force of this Article or is remedied within 6 months from the entry into force of this Article, in accordance with the procedure established by the legislation of Georgia.

2. In the cases determined by the first paragraph of this Article, for the remediation of a construction offence provided for by Article 45 of this Code, the state supervision body for construction activities shall ensure, on the basis of an application by an interested person, the conducting of an inspection, which shall formalize the inspection results in writing and send them to the body issuing the construction permit for the purpose of obtaining a conclusion on confirmation of compliance of the carried out construction with urban planning conditions. The body issuing the construction permit shall consider the compliance of construction carried out in violation/non-fulfillment of the established permit conditions with urban planning conditions and shall issue a conclusion on confirmation of compliance of the carried out construction with urban planning conditions. The body issuing the construction permit is also entitled to issue a conclusion on confirmation of compliance of the carried out construction with urban planning conditions, subject to the submission of additional documentation to the state supervision body for construction activities. On the basis of a positive conclusion, the state supervision body for construction activities:

a) in respect of the offending entity that, before the entry into force of this Article, was held liable for a construction offence committed in the field of construction activities and, as of the moment of entry into force of this paragraph, has not paid the amount of the fine/penalty or has paid it in part, declares invalid the resolution on imposition of a fine and/or penalty and issues an individual administrative-legal act on commissioning of the completed building/structure;

b) in respect of the offending entity which, by the moment of entry into force of this Article, has committed a construction offence, but no proceedings for a construction offence have been initiated against it, or proceedings for a construction offence have been initiated but no resolution has been issued, issues an individual administrative-legal act on acceptance into operation of a completed building/structure, or adopts a resolution on termination of the initiated proceedings for a construction offence and issues an individual administrative-legal act on acceptance into operation of the completed building/structure.

3. The operation of paragraphs 1 and 2 of this Article extends to those buildings/structures in respect of which, by the moment of entry into force of this Article, the works provided for by paragraph 1 of Article 88 of Resolution No. 57 of the Government of Georgia of 24 March 2009 “On the rules for issuing construction permits and permit conditions” (except subparagraphs “h”, “j” and “k”) have been completed. The state supervision body for construction activity is entitled to prescribe to the customer in writing the obligation to complete the external facing works of the building/structure provided for by the agreed architectural design, in compliance with the facing material and colour defined by the same design.

4. The offending entity which, before the entry into force of this Article, was held liable for a construction offence provided for by this Code (except Article 45 of this Code) and, by the moment of entry into force of this Article, has not paid the amount of the fine/penalty or has paid it in part, shall be released from the obligation to pay the amount of the fine/penalty and/or its unpaid part, if the construction offence committed by it has been remedied by the moment of entry into force of this Article or is remedied within 6 months from the entry into force of this Article, in accordance with the procedure established for the remedying of a construction offence before the entry into force of the same Article.

5. The offending entity which, before the entry into force of this Article, was imposed a triple-amount fine in accordance with paragraph 4 of Article 26 of this Code and has not paid it or has paid it in part, as well as the offending entity which was subject to the imposition of the triple-amount fine defined by the said Article and, by the moment of entry into force of this Article, has not had it imposed, shall be released from the obligation to pay the triple-amount fine or its unpaid part. For the remedying of construction offences, the offending entities shall be set a new 6-month period, counted from the day of entry into force of this Article.

6. In the case provided for by paragraph 2 of this Article, if the violation of the construction document has caused a change in the established technical-economic indicators, the customer shall be obliged to additionally submit to the body exercising state supervision over construction activity a new calculation of the technical-economic indicators and/or the floor (floors) plans with the respective technical-economic indicators.

7. In the case provided for by paragraph 2 of this Article, in the case of refusal by the body issuing the construction permit to confirm compliance with the urban planning conditions of the construction, if an amendment is made to the construction document and/or a new permit is issued in accordance with the procedure provided for by Resolution No. 57 of 24 March 2009 of the Government of Georgia "On the Rules for Issuing a Construction Permit and Permit Conditions", the customer shall, within the period provided for by paragraph 1 of this Article, be released from the obligation to pay the fine for the committed violation (including one already imposed).

8. An application for release from the obligation to pay the fine/penalty or its unpaid part for the construction offences provided for by paragraphs 1 and 4 of this Article and/or for acceptance of the building/structure into operation shall be submitted to the authorized body within 6 months from the entry into force of this Article.

9. The operation of this Article shall not extend to:

a) buildings/structures assigned to the fifth class;

b) construction offences provided for by Articles 46 and 47 of this Code;

c) immovable monuments defined by the Law of Georgia "On Cultural Heritage".

Law of Georgia of 28 June 2013 No. 798 – website, 15.07.2013.

Article 103². Temporary rule for release of an offending entity from liability for carrying out construction works in violation🔗

1. An offending entity which, from 1 January 2007 until the time of entry into force of this Article, carried out, in violation of permit conditions or without a permit, construction works of a completed multi-apartment residential building (reconstruction of a building/structure, load-bearing structures, exterior), or which, as of 20 April 2015, carried out construction works of a building/structure (arrangement of a ridge on the roof of a building/structure without changing the height and slope of the ridge and cutting of an opening/openings in the slope) in violation of the written confirmation of the body issuing the construction permit, which do not require a construction permit and/or which do not alter the load-bearing structures of the building/structure, shall be released from payment of the amount of the fine/penalty or/and its unpaid part and from the liability provided for by this Code, if the construction offence committed by it has been remedied by the time of entry into force of this Article or if this construction offence is remedied or is confirmed by the body issuing the construction permit in accordance with the procedure established by the legislation of Georgia, within 1 year from the entry into force of this Article.

2. The owner of a building/structure (facility) or of a part thereof, or another authorised person, in the case provided for by paragraph 1 of this Article, shall apply to the body issuing the construction permit, requesting release from the liability provided for by this Code and for confirmation of the construction carried out in violation, within 1 year from the entry into force of this Article.

3. After the offending entity submits the act issued for the relevant construction offence, an expert opinion confirming the stability of the load-bearing structures of the building/structure (facility) and an opinion on the safety of the construction works carried out, the body issuing the construction permit shall consider the matter under the simplified administrative procedure and, in accordance with the procedure established by Resolution No 57 of the Government of Georgia of 24 March 2009 "On the procedure for issuing construction permits and permit conditions", shall confirm the construction carried out in violation, taking into account the construction works already carried out (reconstruction of a building/structure, load-bearing structures, exterior), which at the same time means acceptance of the facility into operation.

4. The amount paid into the State Budget in the form of a fine/penalty or part thereof for the commission of a construction offence provided for by this Article shall not be returned to the offending entity.

5. The operation of this Article shall not extend to:

a) a class five building/structure;

b) an immovable monument as defined by the Law of Georgia "On Cultural Heritage".

6. A person carrying out construction shall be released from the liability provided for by the wording of Article 46 of this Code in force until 3 June 2019, in the event that the construction stage in the zone determined by the resolution of the Sakrebulo of the Tbilisi Municipality as a special construction regulation zone is not completed within the period established by the construction permit, before the entry into force of the Law of Georgia of 15 October 2019 "on Amending the 'Code of Product Safety and Free Movement'". In such case, the state supervision body for construction activity shall adopt a resolution on the termination of the proceedings of the construction offence case and on the release of the person from liability.

Law of Georgia of 28 June 2017 No. 1117 – website, 10.07.2017.

Law of Georgia of 15 October 2019 No. 5099 – website, 21.10.2019.

Article 103³. Temporary rule for acceptance into operation of construction carried out in violation of permit conditions within the administrative boundaries of Tbilisi Municipality🔗

1. Legal Entity of Public Law – Technical and Construction Supervision Agency is authorized to accept into operation a completed building/structure within the administrative boundaries of Tbilisi Municipality, including an independently functioning completed facility of a complex of buildings/structures (hereinafter – facility), for which a construction permit had been issued and whose construction was carried out in violation of the agreed architectural project (including by changing the development regulation parameters, in violation of functional zoning) or on a non-compliant land plot. This paragraph also applies to a facility for which no construction permit has been issued, but whose construction was carried out within the area of an approved development regulation plan/detailed development plan.

2. Acceptance into operation applies to a facility for which a construction permit has been issued within the administrative boundaries of Tbilisi Municipality and whose construction, as of 18 August 2020, has been completed, as well as to a facility for which no construction permit has been issued, but which is located within the area of an approved development regulation plan/detailed development plan and whose construction, as of 18 August 2020, has been completed.

3. For the purposes of this article, a completed facility shall be considered to be a facility whose construction works of the main structural system and exterior, except for facing and improvement works, have been completed.

4. An interested person, for the purpose of acceptance of the facility into operation, shall apply to the Technical and Construction Supervision Agency within 2 years from the entry into force of this article.

5. An interested person, for the purpose of acceptance of the facility into operation, shall submit an application to the Technical and Construction Supervision Agency. The following documentation shall be attached to this application:

a) topographic plan reflecting the current condition of the facility;

b) extract from the Public Register and a measurement drawing of the relevant land plot, on which the facility to be commissioned is shown;

c) architectural project of the facility and a measurement drawing reflecting the current condition of the facility;

d) photographs of the facility;

e) expert opinion issued by an accredited inspection body confirming the stability and seismic resistance of the load-bearing structures of the facility;

f) if necessary – an expert opinion issued by an accredited inspection body on the technological scheme/project;

g) in the case of the internal layout of the facility or the facing and improvement works being carried out in violation – the consent of the relevant persons;

h) in the case of the absence of the mandatory number of parking spaces provided for by the agreed architectural project (where such obligation exists under the agreed architectural project), and in the absence of the said project — in the case of the absence of the number of parking spaces provided for by the legislation of Georgia for this facility — the consent of the relevant persons;

i) the test reports of the technological devices installed in the facility (lift, escalator and others) (where such devices exist).

6. For the purposes of subparagraphs "g" and "h" of paragraph 5 of this Article, the need for the existence of the consent of the relevant persons and the circle of these persons shall be determined by the Technical and Construction Supervision Agency.

7. An interested person shall have the right to carry out the facing and improvement works provided for by subparagraph "g" of paragraph 5 of this Article, in agreement with the Technical and Construction Supervision Agency, within 2 years from the entry into force of this Article, which does not require an additional construction permit. The works to be carried out as determined by this paragraph shall comply with the principles of the agreed architectural project, and in the absence of a construction permit — with the principles of another agreed architectural project existing in the area of the approved development regulation plan/detailed development plan (where such project exists).

8. In the process of commissioning the facility, in order to ensure the promotion of equality of persons with disabilities with other persons and the elimination of discrimination, the principle of reasonable accommodation shall be taken into account.

9. After the submission of the documentation determined by paragraph 5 of this Article to the Technical and Construction Supervision Agency, it shall confirm the construction carried out in violation, taking into account the construction works performed. It shall be obliged, in accordance with the requirements of this Article, to take a decision on the commissioning of the facility or on refusal to commission the facility. The Technical and Construction Supervision Agency shall take the decision provided for by this paragraph within 6 months from the submission of the relevant application to it. In the event of its failure to take the relevant decision, this period shall be extended by 6 months. Violation of the period established for taking a decision by the Technical and Construction Supervision Agency shall be considered as refusal to issue an administrative-legal act on the commissioning of the facility, in accordance with paragraph 2 of Article 177 of the General Administrative Code of Georgia. Failure to take the said decision within this period does not restrict the person's right to re-submit an application to the Technical and Construction Supervision Agency for the purpose of commissioning the facility.

10. Commissioning of the facility in accordance with this Article does not mean:

a) the lawfulness of works carried out in violation of the boundary zone;

b) exemption from payment of the amount established for increasing the development intensity coefficient (K-2) of the land plot.

11. Before the commissioning of a facility, in order to ensure its safety or proceeding from private and public interests, the Technical and Construction Supervision Agency is entitled to require an interested person to submit additional documentation or to fulfil the relevant conditions directly in connection with the commissioning of that facility. Failure to submit the documentation required under this paragraph or failure to fulfil the relevant conditions may become grounds for refusal of the commissioning of the facility.

12. A construction offender who, before the entry into force of this Article, was held liable for committing a construction offence provided for by Articles 44 and 45 of this Code within the administrative boundaries of the Municipality of the City of Tbilisi (except for non-payment of the amount imposed for increasing the land plot development intensity coefficient (K-2)) and who, as at the moment of entry into force of this Article, has not paid or has partially paid the amount of the fine/penalty, shall be released from the obligation to pay the amount of the fine/penalty and/or its unpaid part, while a construction offender who, as at the moment of entry into force of this Article, has committed a construction offence provided for by Articles 44 and 45 of this Code within the administrative boundaries of the Municipality of the City of Tbilisi (except for non-payment of the amount imposed for increasing the land plot development intensity coefficient (K-2)) and in respect of whom proceedings in the case of a construction offence have not been initiated or have been initiated but no resolution has been adopted, shall be released from the liability provided for by Articles 44 and 45 of this Code.

13. A construction offender who, before the entry into force of this Article, in accordance with paragraph 4 of Article 26 of this Code, was imposed a fine of triple the amount for committing a construction offence within the administrative boundaries of the Municipality of the City of Tbilisi and who has not paid it or has partially paid it, as well as a construction offender who was subject to the imposition of a fine of triple the amount determined by the said Article and who, as at the moment of entry into force of this Article, has not been imposed such a fine, shall be released from the obligation to pay the fine of triple the amount or its unpaid part.

14. The Technical and Construction Supervision Agency:

a) in respect of a construction offender who, before the entry into force of this Article, was held liable for committing a construction offence in the field of construction activity, as provided for by paragraphs 12 and 13 of this Article, within the administrative boundaries of the Municipality of the City of Tbilisi, and who, as at the moment of entry into force of this paragraph, has not paid or has partially paid the amount of the fine/penalty, declares invalid the resolution on imposing a fine on the construction offender and/or on accruing a penalty to the construction offender;

b) in respect of a construction offender who, at the time of entry into force of this Article, has committed a construction offence in the field of construction activity provided for by paragraphs 12 and 13 of this Article, and in respect of whom proceedings for a construction offence have not been initiated, shall not initiate the relevant proceedings, and if proceedings for a construction offence have been initiated but no resolution has been adopted, shall adopt a resolution on the termination of the initiated proceedings for the construction offence.

15. Paragraphs 12–14 of this Article shall apply only to a person who, in violation of the law, carried out construction activity at a facility which will be put into operation in accordance with this Article.

16. The operation of this Article shall not extend to:

a) an immovable monument as defined by the Law of Georgia on Cultural Heritage;

b) an entity whose activity, in accordance with the Code of Environmental Assessment, is subject to an environmental impact assessment;

c) an entity carrying out an activity provided for by the Resolution of the Government of Georgia "On Approval of Environmental Technical Regulations".

17. For the purposes of this Article, an interested person may be the original owner/customer (orderer), as well as any other interested person whose legitimate interest is confirmed both individually and in the form of a common/joint right/interest.

Law of Georgia of 12 July 2021 No. 723 – website, 14.07.2021.

Article 104. Final Provisions🔗

1. Upon the entry into force of this Code, the following shall be declared invalid:

a) Law of Georgia of 20 March 1996 "On Consumer Rights Protection" (Parliamentary Gazette, No. 007, 30.04.96, p. 7);

b) Law of Georgia of 25 June 1999 "On Standardisation" (Legislative Herald of Georgia, No. 30(37), 1999, Art. 162);

c) Law of Georgia of 6 September 1996 "On Certification of Products and Services" (Parliamentary Gazette, No. 22-23, 17 October 1996, p. 25);

d) Law of Georgia of 6 September 1996 "On Ensuring the Uniformity of Measurements" (Parliamentary Gazette, No. 22-23, 17 October 1996, p. 36);

e) Law of Georgia of 8 April 2010 "On Technical Risk Control" (Legislative Herald of Georgia, No. 20, 19.04.2010, Art. 112).

2. After 1 January 2014, all technical regulations (norms, rules, instructions, requirements) that have not been adopted in the proper manner shall be considered invalid.

3. This Code shall enter into force upon publication.

Law of Georgia of 19 December 2012 No. 114 – website, 27.12.2012.

President of Georgia M. Saakashvili

Tbilisi,

8 May 2012.

No. 6157-Is