Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture
- Law Type: Cabinet Resolution
- Law Number: 42 of 2014
- Issued Date: 25 Nov 2014
- Effective Date: 25 Nov 2014
- Official Gazette: No. 572
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 27
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Law No. (9) of 2013 Concerning Plant Genetic Resources for Food and Agriculture. The law regulates the collection, preservation, and use of plant genetic resources in the UAE, as well as the associated traditional knowledge and innovations. It aims to ensure the sustainable management and equitable sharing of benefits from these important natural resources. The law is significant for businesses and individuals involved in agriculture, research, and the development of plant-based products, as it sets out the requirements and procedures for accessing and utilizing plant genetic resources in the UAE. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 1-2)
What is the scope and purpose of this law?
The law applies to plant genetic resources for food and agriculture within or outside their natural habitats in the UAE, as well as the associated traditional and heritage knowledge, practices, and innovations. It regulates the collection, preservation, and use of these resources to ensure their sustainable management and the equitable sharing of benefits. The law also establishes a gene bank system within the Ministry of Environment and Water to explore, document, preserve, and propagate plant genetic resources. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 2, 4)
What are the key definitions under this law?
The law provides the following key definitions:
- Plant Genetic Resources for Food and Agriculture: Any genetic material of plant origin that has actual or potential value for food and agriculture.
- Natural Site: The natural environment where the plant genetic resources are located.
- Ex situ Collection: A collection of plant genetic resources maintained outside their natural habitats.
- Derivatives: Products developed or extracted from plant genetic resources, including new varieties or strains.
- Traditional and Heritage Knowledge and Practices: The accumulation of knowledge in the UAE over generations that has social and economic value for the use and preservation of plant genetic resources.
- Innovations: Producing unprecedented knowledge or techniques, or developing existing knowledge or techniques, related to plant genetic resources.
- Collector: The person who has obtained a collection permit from the competent authority to collect a specific plant genetic resource.
- Farmer Variety: A plant grouping with distinct genetic characteristics that has been selected, propagated and maintained by the farmer over the years.
(Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. Collectors must obtain prior approval from the Ministry of Environment and Water and a collection permit from the competent authority before collecting plant genetic resources. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 5) 2. Collectors must provide data and information on the status, distribution, health, and characteristics of the collected plant genetic resources, as well as a semi-annual report on their use and research. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 8) 3. Collectors must comply with the conditions stated in their collection permit and may not violate them. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 8)
What licensing, registration, or approval requirements exist?
The law establishes the following licensing and approval requirements: 1. Collectors must obtain a collection permit from the competent authority after obtaining prior approval from the Ministry of Environment and Water. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 5) 2. The type of prior approval for the collection permit is determined based on the purpose: academic research, commercial research, or commercial exploitation. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 6) 3. The validity period of the collection permits is 5 years for academic research, 3 years for commercial research, and 1 year for commercial exploitation, with the possibility of renewal. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 7) 4. Farmers can apply to register their distinct plant varieties with the Ministry, which will study the application and issue a decision within 30 days. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 10)
What rights and protections does this law provide?
The law provides the following rights and protections: 1. It recognizes farmer varieties as new, distinct varieties when obtained through natural selection. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 9) 2. Farmers have the right to file an appeal with the Minister against the Ministry's decision to reject the registration of their plant variety. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 10)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The Ministry of Environment and Water, which is responsible for granting prior approval for the collection of plant genetic resources, establishing the gene bank system, and issuing necessary resolutions to apply the provisions of this law. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 4, 11) 2. The competent authority, which is responsible for issuing collection permits in coordination with the Ministry. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 3, 5)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with its provisions.
What fees, charges, or financial provisions are specified?
The legislation does not specify any fees, charges, or financial provisions.
What exemptions or exceptions apply?
The law allows the Minister, in coordination with the competent authority, to exclude traditional methods of collecting, using, and exchanging plant genetic resources and traditional and heritage knowledge and practices within the UAE, provided that: 1. The applicant for the exception is a UAE citizen. 2. The traditional methods do not affect the sustainability of the UAE's original genetic resources and contribute to their preservation. 3. The traditional methods are not in conflict with the provisions of the law, the international treaty, and this resolution. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 3)
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms.
What are the key deadlines and time limits?
The key deadlines and time limits under this law are: 1. The Ministry must issue its decision on the registration of a farmer variety within 30 days from the date of submitting the application. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 10) 2. The registration applicant has the right to file an appeal with the Minister against the Ministry's rejection decision within 15 days from the date of notification. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 10)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued in relation to and for the implementation of Federal Law No. (9) of 2013 Concerning Plant Genetic Resources for Food and Agriculture. It also references the following related legislation: 1. Federal Law No. (1) of 1972 Concerning the Competences of the Ministries and the Powers of the Ministers. 2. Federal Decree No. 7 of 2004 concerning the Accession of the United Arab Emirates to the International Treaty on Plant Genetic Resources for Food and Agriculture. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on the date of its publication in the Official Gazette, which was 30 November 2014. (Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2014, Art. 13)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Plant Genetic Resources for Food and Agriculture 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.