Legislation Details
- Full Title: Federal Decretal Law on Peaceful Uses of Nuclear Energy
- Law Type: Federal Decretal Law
- Law Number: 6 of 2009
- Issued Date: 10 Sep 2009
- Effective Date: 24 Sep 2009
- Official Gazette: No. 498
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 145
- Chapters: 0
- Amendments: 0
Summary
The Federal Decretal Law on Peaceful Uses of Nuclear Energy regulates the development and use of nuclear energy in the United Arab Emirates. It establishes the Federal Nuclear Authority to oversee and control all nuclear-related activities in the country. The law aims to ensure the safe and secure use of nuclear technology for peaceful purposes, such as power generation, medical applications, and industrial uses, while preventing the proliferation of nuclear weapons. It sets out a comprehensive framework for licensing, inspections, safety management, and liability related to nuclear facilities and materials. This legislation is crucial for businesses and individuals involved in the UAE's growing nuclear sector, as it provides the legal foundation for their operations and outlines their obligations and rights under the law. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009)
What is the scope and purpose of this law?
The Federal Decretal Law on Peaceful Uses of Nuclear Energy regulates all activities related to the production, use, importation, exportation, transportation, and disposal of radioactive materials and sources in the United Arab Emirates. It applies to both individuals and entities, whether public or private, involved in the nuclear sector. The law's primary purpose is to ensure the safe and secure development and use of nuclear technology for peaceful purposes, such as power generation, medical applications, and industrial uses, while preventing the proliferation of nuclear weapons. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 1, 4)
What are the key definitions under this law?
The law provides definitions for several key terms, including:
- Activity: Production, usage, importation and exportation of Radioactive Sources for industrial, research and medical purposes; transportation of Radioactive Materials; getting facilities out of service; and any of the disposal activities of Radioactive Wastes. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 1)
- Authority: The Federal Nuclear Authority established under this law. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 1)
- Facility: Any place where Radioactive Materials are produced, treated, used, handled, stored or disposed of; or where radiation generators are installed. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 1)
- Licence: The approval granted by the Authority to the Licensee to practice certain activities subject to control and related to a Facility or Activity. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 1)
- Operator: Any person authorized and/or responsible for Nuclear Safety, radiation Safety, radiation wastes Safety or transport Safety upon performing activities related to any nuclear facilities or ionized Radioactive Sources. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on individuals and entities involved in the nuclear sector in the UAE:
- Obtain a license from the Federal Nuclear Authority before engaging in any activities related to radioactive materials or nuclear facilities. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 23-31)
- Comply with the Authority's regulations, guidelines, and requirements for ensuring nuclear safety, radiation safety, and physical protection. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 38-39)
- Implement effective emergency preparedness and response plans to mitigate the consequences of nuclear or radiation emergencies. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 43-52)
- Properly manage and dispose of radioactive waste in accordance with the Authority's regulations. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 40-42)
- Undergo regular inspections and evaluations by the Authority to ensure compliance with the law. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 32-37)
What licensing, registration, or approval requirements exist?
The law requires individuals and entities to obtain a license from the Federal Nuclear Authority before engaging in any activities related to radioactive materials or nuclear facilities. The Authority is responsible for granting, suspending, or cancelling licenses based on the applicant's compliance with the law and the Authority's regulations. The law outlines the general licensing requirements and procedures, but the specific details are to be provided in the Executive Regulations. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 23-31)
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections granted to individuals or entities under its scope. However, it does state that the Authority shall develop regulations and guidelines to ensure the safe and secure use of nuclear technology, which may indirectly provide certain protections for workers, the public, and the environment. The law also empowers the Authority to take necessary measures to prevent the proliferation of nuclear weapons and ensure the peaceful use of nuclear energy. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 38-39)
Which authorities or bodies are responsible for enforcement?
The Federal Decretal Law on Peaceful Uses of Nuclear Energy establishes the Federal Nuclear Authority as the main regulatory body responsible for overseeing and enforcing the law. The Authority's key responsibilities include:
- Issuing licenses for nuclear-related activities and facilities
- Developing regulations, guidelines, and technical standards
- Conducting inspections and evaluations to ensure compliance
- Imposing administrative penalties and fines for non-compliance
- Coordinating with other government entities on nuclear-related matters
The law also empowers the Authority to establish specialized committees and departments to assist in carrying out its duties. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 4-17)
What are the penalties for non-compliance?
The Federal Decretal Law on Peaceful Uses of Nuclear Energy specifies the following penalties for non-compliance:
- Imprisonment for a period not exceeding 10 years and/or a fine not exceeding AED 1 million for any person who intentionally causes a nuclear accident or radiation emergency. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 57)
- Imprisonment for a period not exceeding 5 years and/or a fine not exceeding AED 500,000 for any person who violates the law's provisions or the Authority's regulations and decisions. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 58)
- Revocation or suspension of a license issued by the Authority for violations of the law or the license conditions. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 29-30)
What fees, charges, or financial provisions are specified?
The Federal Decretal Law on Peaceful Uses of Nuclear Energy does not specify any fees, charges, or other financial provisions. The law states that the Authority's financial affairs, including its budget and sources of funding, will be determined by the Executive Regulations. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 18-22)
What exemptions or exceptions apply?
The law does not explicitly outline any exemptions or exceptions from its scope. However, it does state that the Authority may decide that a source or practice shall not be subject to all or part of the control aspects if the exposure (including potential exposure) due to this source or practice is very slight or if this is the prefect choice for protection, regardless of the actual radiation levels or risks. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Art. 1)
How are disputes resolved under this law?
The Federal Decretal Law on Peaceful Uses of Nuclear Energy does not specify any dispute resolution mechanisms. The law is silent on how disputes arising from its implementation or enforcement would be handled. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009)
What are the key deadlines and time limits?
The law does not provide any specific deadlines or time limits for compliance with its provisions. The details regarding any applicable deadlines or time frames are to be outlined in the Executive Regulations. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009)
How does this law interact with other UAE legislation?
The Federal Decretal Law on Peaceful Uses of Nuclear Energy references several other UAE federal laws, including:
- Federal Law No. (1) of 1972 on the competencies of ministries and the powers of the ministers
- Federal Law No. (8) of 1984 on commercial companies
- Federal Law No. (24) of 1999 on environment protection and development
- Federal Law No. (1) of 2002 on the regulation and control of the use of radioactive sources
- Federal Law No. (38) of 1996 on the accession of the UAE to the Treaty on the Non-Proliferation of Nuclear Weapons
The law also mentions that it is issued in accordance with the UAE Constitution. However, the specific interactions or relationships between this law and the referenced legislation are not clearly specified. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Preamble)
When did this law come into effect?
The Federal Decretal Law on Peaceful Uses of Nuclear Energy was issued on 10 September 2009 and came into effect on 24 September 2009, the date of its publication in the Official Gazette No. 498. The law does not mention any transitional provisions or implementation timeline. (Federal Decretal Law on Peaceful Uses of Nuclear Energy, 2009, Issued Date, Effective Date)
Source Documents
This article analyses Federal Decretal Law on Peaceful Uses of Nuclear Energy 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.