Legislation Details
- Full Title: Federal Law Concerning Plant Genetic Resources for Food and Agriculture
- Law Type: Federal Law
- Law Number: [no number] of 2013
- Issued Date: 26 Nov 2013
- Effective Date: 01 Apr 2013
- Official Gazette: No. 557
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 49
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law regulates the protection, conservation, and sustainable use of plant genetic resources for food and agriculture in the UAE. It aims to ensure fair and equitable sharing of benefits arising from the use of these resources and associated traditional knowledge. The law establishes a gene bank, sets requirements for access and collection, and grants certain rights to farmers. It is an important piece of legislation for the UAE's agricultural and environmental sectors, as it seeks to safeguard the country's plant genetic diversity for food security and sustainable development. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 2)
What is the scope and purpose of this law?
The law applies to plant genetic resources for food and agriculture within and outside their natural habitats in the UAE, as well as the associated traditional and heritage knowledge, practices, and innovations. It also covers all stakeholders and persons dealing with these plant resources and traditional knowledge. The law exempts traditional methods of collecting, using, and exchanging plant genetic resources and traditional knowledge, in coordination with the Competent Authority. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 3) The key objectives of the law are: protecting and conserving plant genetic resources, ensuring fair and equitable benefit-sharing, encouraging stakeholder participation, promoting scientific research, and documenting plant genetic resources and associated traditional knowledge in the UAE. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 2)
What are the key definitions under this law?
Some of the key definitions in the law include:
- State: The United Arab Emirates
- Ministry: Ministry of Environment and Water
- Competent Department: The department responsible for supervising, controlling, and implementing the law
- Genetic Resources: Any material of plant origin containing functional units of heredity
- Plant Genetic Resources for Food and Agriculture: Genetic material of plant origin with actual or potential value for food and agriculture
- Derivatives: Products developed or extracted from plant genetic resources
- Traditional and Heritage Knowledge and Practices: Accumulated knowledge in the UAE with social and economic value for using and preserving plant genetic resources
- Collection: Collection of plant genetic resources, their derivatives, traditional knowledge, or innovations based on prior consent
- Farmer's Variety: A plant grouping with distinct genetic characteristics selected, propagated, and maintained by a farmer
(Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations: 1. The Ministry must undertake all activities related to plant genetic resources for food and agriculture. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 4) 2. A gene bank for plant genetic resources must be established in the Ministry to perform functions like exploration, documentation, preservation, and evaluation. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 5) 3. It is prohibited to take any plant genetic resources outside the UAE without a valid material transfer agreement. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 6) 4. Prior consent from the Ministry is required before approving a permit to collect plant genetic resources or associated traditional knowledge. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 8) 5. Collectors must provide data on the status of the collected plant genetic resources. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 12)
What licensing, registration, or approval requirements exist?
The law requires the following: 1. A collection permit must be issued by the Competent Authority after obtaining prior consent from the Ministry. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 11) 2. The Competent Authority has the right to amend or cancel the collection permit upon violation of the permit conditions. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 11) 3. The Ministry must set controls on the collection of plant genetic resources or ban collection in certain cases. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 13)
What rights and protections does this law provide?
The law grants the following rights and protections: 1. Farmers' rights arising from their past, present, and future contributions to the conservation, development, and provision of plant genetic resources and associated traditional knowledge and innovations. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 15) 2. Protection for the non-breeding variety of the farmer, with procedures for recording the farmer's variety specified in the Executive Regulation. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 16)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible under this law are: 1. The Ministry of Environment and Water, which is responsible for all activities related to plant genetic resources. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 4) 2. The Competent Department within the Ministry, which is responsible for supervising, controlling, and implementing the law. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 1) 3. The Competent Authority, which is the local authority responsible for managing plant genetic resources. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 1)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Administrative sanctions that may be imposed by the Minister or Competent Authority, including warnings, fines up to AED 1 million, suspension or revocation of permits, and closure of facilities. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 17) 2. Criminal penalties of imprisonment for a period not exceeding 1 year and/or a fine not exceeding AED 1 million for violations related to the collection, transport, or use of plant genetic resources without a permit. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 18) 3. Harsher penalties may be applied in certain cases, such as repeat offenses or violations causing significant environmental damage. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 19)
What fees, charges, or financial provisions are specified?
The law specifies that fees may be charged for collection permits, but the exact amounts are not provided and are to be determined in the Executive Regulation. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 21)
What exemptions or exceptions apply?
The Minister, in coordination with the Competent Authority, may exempt traditional methods of collecting, using, and exchanging plant genetic resources and traditional knowledge within the UAE, without prejudice to the provisions of the International Treaty on Plant Genetic Resources for Food and Agriculture. The Executive Regulation will specify the controls for this exemption. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 3)
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms or procedures.
What are the key deadlines and time limits?
The law does not provide any specific deadlines or time limits, except that the Executive Regulation will determine the validity period for each type of collection permit. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Art. 10)
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including: - Federal Law No. (1) of 1972 Concerning the Competences of the Ministries and the Powers of the Ministers - Federal Law No. (5) of 1979 Concerning Agricultural Quarantine - Federal Law No. (24) of 1999 Concerning the Protection and Development of the Environment - Federal Law No. (17) of 2009 Concerning the Protection of New Plant Varieties (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Preamble)
When did this law come into effect?
This Federal Law Concerning Plant Genetic Resources for Food and Agriculture came into effect on 1 April 2013, as stated in the Effective Date. It was published in the Official Gazette No. 557 on 9 December 2013. (Federal Law Concerning Plant Genetic Resources for Food and Agriculture, 2013, Effective Date)
Source Documents
This article analyses 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.