Page 60 - GEORptApr21

9.1.11 TMT sector news
Venice Commission calls on Georgia to amend electronic communication laws
The amendments passed by Georgia’s parliament last July to the country’s Law on Electronic Communications lead to “far-reaching consequences for the right to property and media freedom, as well as to the right of a fair trial”, according to an opinion adopted on March 20 by the Council of Europe’s Venice Commission.
"The new rules of the law can neither pass the test of proportionality nor legitimacy," according to the opinion.
The ruling is critical for the deal in which Azerbaijan’s Neqsol took over Georgia’s main internet provider and the owner of the strategic cable link under the Black Sea to Europe—a deal that Georgian authorities want to reverse. The amendments allowed the Georgian National Communications Commission (GNCC) to appoint on October 1 a special manager at the company Caucasus Online in a move aimed at reversing the allegedly unlawful sale of a 49% stake in the company to Neqsol.
The controversial transaction was aimed at creating a broad international communications network connecting Central Asia to Europe through Neqsol Holding, a 1,200-kilometre fibre-optic cable owned by Caucasus Online, which runs on the Black Sea floor.
According to Neqsol Holding, the deal was made in such a way that both the representatives of the Georgian government and the prime minister of the country were informed about it. The Communications Commission stated on October 17, 2019 that Caucasus Online had violated Articles 26 and 27 of the Communications Act when it did not previously agree with the Commission to change its beneficial owner.
The decision of the Venice Commission states that the amendments to the law on electronic communications by the parliament of Georgia contain a number of problems and they can not meet the test of legitimacy or proportionality. Moreover, according to the Commission, as a result of the new legislation, the Georgian Communications Commission has expanded its rights so much that the Venice Commission can not find an analogue in any European country in which the regulator in the field of communications has such unlimited rights to companies.
"The rights conferred on the Commission by law are so broad and comprehensive that through them the owners of the company remain beyond the effective ownership of the company, hence they no longer have the opportunity to participate in the company's decision-making or other processes," the decision reads.
The Venice Commission notes that through the entry in the law on electronic communications, the Communications Commission can "exercise de facto control" over companies.
9.1.12 Renewable energy sector news
Georgian activists disappointed by government’s promises on Namakhvani HPP
Thousands gathered in the western Georgian city of Kutaisi on March 14 to protest against the construction of the nearby Namakhvani Hydropower Plant in Rioni River Gorge, demanding the resignation of economy minister Natia Turnava over the matter.
Varlam Goletiani, one of the leaders of the Save Rioni Gorge movement, said the next large-scale protest would be held outside the parliament building in Tbilisi. The previous such rally was held two weeks ago in Kutaisi on February 28.
Besides the new demand for Turnava’s resignation, the protesters have for
60 GEORGIA Country Report April 2021 www.intellinews.com