Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof
- Law Type: Federal Law
- Law Number: No. (84) of 2022
- Issued Date: 16 Aug 2022
- Effective Date: 30 Dec 2022
- Official Gazette: No. 734
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 30
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulation for Federal Law No. (9) of 2020 on the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof. The law regulates the importation, transition, circulation, exportation, and contained use of GMOs and their products in the UAE. It aims to ensure the safety of GMOs and their products for human health and the environment. The law is important for businesses and individuals involved in the GMO industry, as it sets out detailed requirements and procedures they must follow to legally operate in the UAE. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022)
What is the scope and purpose of this law?
The scope of this law is to regulate the importation, transition, circulation, exportation, and contained use of Genetically Modified Organisms (GMOs) and their products in the UAE. The purpose is to ensure the biosafety of GMOs and their products for human health and the environment. The law applies to any individual or entity involved in activities related to GMOs and their products in the UAE. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 1-4)
What are the key definitions under this law?
The key definitions provided in this law are:
- Genetically Modified Organisms (GMOs): Any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 1)
- Products Thereof: Any material, including food and feed, that is derived from GMOs, either directly or indirectly. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 1)
- Contained Use: Any activity in which GMOs are cultured, stored, used, transported, destroyed or disposed of within a facility, installation or other physical structure, which is designed to limit their contact with the external environment. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law include: 1. Fulfilling the specific requirements stipulated in the Annexes of the Resolution for the purpose of importation of GMOs or their products. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2(1)) 2. Submitting a statement for risk assessment, a response plan, a monitoring plan, and a waste treatment plan to the Ministry when applying for importation approval. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2(1)) 3. Obtaining permission from the competent authority to circulate GMOs or their products within the UAE. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2(5)) 4. Registering the facility and GMOs or their products with the Ministry. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2(5), Art. 4) 5. Complying with the conditions and controls for contained use and release of GMOs or their products. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 4)
What licensing, registration, or approval requirements exist?
The key licensing, registration, and approval requirements under this law include: 1. Obtaining a permit from the competent authority to import, export, re-export, or circulate GMOs or their products. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2, Art. 3) 2. Registering the facility with the Ministry for the required activity involving GMOs or their products. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2(5), Art. 4) 3. Registering the GMOs or their products with the Ministry. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 5) 4. Obtaining prior approval from the Ministry for the contained use or release of GMOs or their products. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 4)
What rights and protections does this law provide?
The law does not explicitly mention any specific rights or protections granted to individuals or businesses. The focus of the law is on regulating the activities related to GMOs and their products to ensure biosafety for human health and the environment. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Ministry of Climate Change and Environment, which is responsible for registering facilities, GMOs, and their products, as well as issuing approvals and permits. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2, Art. 4, Art. 5) 2. The Competent Authority, which is responsible for issuing permits for the importation, exportation, re-exportation, and contained use or release of GMOs and their products. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2, Art. 3, Art. 4)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022)
What fees, charges, or financial provisions are specified?
The legislation does not specify any fees, charges, or financial provisions related to the activities regulated under this Cabinet Resolution. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022)
What exemptions or exceptions apply?
The legislation provides the following exemptions: 1. GMOs or their products that were previously approved by the Ministry and the competent authority upon importation for the first time are exempted from the request of prior approval and permission for contained use. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 4(2)) 2. GMOs or their products listed in the GMOs list for the purposes of education, scientific research, and development, for which a resolution is issued by the Minister, are exempted from the request of prior approval and permission for contained use. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 4(2))
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this Cabinet Resolution. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022)
What are the key deadlines and time limits?
The key deadlines and time limits specified in the legislation are: 1. The period of the prior approval given by the Ministry for exportation or re-exportation of GMOs or their products is 6 months from the exportation date and is valid for one-time use. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 3(2)) 2. The facility must keep a register to record the circulation movement of GMOs or their products for at least 10 years. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022, Art. 2(5))
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued to provide the executive regulation for Federal Law No. (9) of 2020 on the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof. The Resolution does not mention any other UAE legislation that it repeals or amends. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022)
When did this law come into effect?
This Cabinet Resolution came into effect on 30 December 2022, as per the Effective Date mentioned in the legislation details. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof, 2022)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulation of Federal Law Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.