The UAE government issues updated laws for agricultural and veterinary quarantine and the protection of plant and animal species

The UAE government issued an integrated set of updated laws to support and develop agricultural and veterinary quarantine, protect new plant varieties, and international trade in endangered animals and plants, reflecting the country’s efforts to continue strengthening the legal and legislative framework for these vital sectors.

The new law, to regulate and monitor international trade in endangered animals and plants, supports the state’s directions in the field of protecting and preserving biological diversity, enhancing legal protection for endangered animal and plant species, and regulating international trade in them, in line with the International Convention on Trade in Certain Endangered Species of Animals and Plants.

This law replaces Federal Law No. 11 of 2002 regarding the regulation and control of international trade in endangered animals and plants, which has not undergone any amendments for more than 22 years. It comes to keep pace with developments in the field of protecting endangered species, to consolidate the state’s compliance with the requirements of the International Convention on Trade in Certain Species of Endangered Animals and Plants, and to support the effectiveness of law enforcement by empowering the national administrative authority with the powers Broader, which contributes to the speed of taking measures and implementing supervisory measures, and expanding the scope of the legal protection of the law, especially in light of the periodic amendments that occur to the annexes and procedures of the aforementioned agreement.

The law includes many provisions that include introducing accurate and updated definitions of some concepts such as: endangered species, pre-convention specimens, falcon passport, shipment, and agricultural health certificate, and updating the wording of the rest of the definitions and legal terms to be more consistent with the legislative framework in the country. The provisions of the law apply to all lands of the country, including free zones with regard to the specimens and species threatened with extinction listed in the appendices attached to the law, and any amendments to them.

The law regulates the prohibition of the import, export, re-export, transit, or entry from the sea of any specimen threatened with extinction, through all border crossings of the state, in a way that enhances the tight control of the state’s ports. It also defines the powers of the national administrative authority (Ministry of Climate Change and Environment) in a more comprehensive manner, considering it the authority responsible for implementing the provisions of the law, and following up on the enforcement of legislation regulating international trade in specimens of endangered animals and plants and combating illicit trade in them, and the competent authority. By issuing certificates that regulate international trade in endangered species, and approving any conditions it deems necessary for issuing the certificate. The law also grants the national administrative authority executive powers that were not in the previous law, such as disposing of seized samples of endangered animal and plant species confiscated pursuant to a judicial ruling. A new legal provision was also added that was not in the previous law with regard to samples in transit, which stipulates stopping the transit process and seizing the samples, in the event of suspicion that they have not obtained Export or re-export certificate, or the accuracy of the data received does not match the documents.

The law tightened the penalties, as fines were raised to not less than 30 thousand dirhams and not more than two million dirhams, and custodial penalties were added, some of which reach imprisonment for a period of no less than four years, with the violator being obligated to bear all financial costs incurred as a result of the arrest, including the costs of placing under guard, transporting and disposing of samples, and preserving live animals and plants during the period of detention, with a ruling to deport the foreigner in the event of his return.

The concerned authority that seized any of the violating samples was also obligated to notify the national administrative authority of the seizure process and hand it over to the place of the seizure, to complete its procedures in this regard. This is for the purposes of enabling the national administrative authority to perform its supervisory and executive role, and to unify procedures to ensure consistency in the application of the law. The law also specified new mechanisms for technical coordination with the competent authorities for the purposes of implementing the provisions of the law, so that the new law included a provision obligating the national administrative authority to coordinate with the Emirates Medicines Corporation, in the event that any sample Of the types mentioned in the appendices, they fall within the jurisdiction of the institution.

Veterinary quarantine is one of the means and the first line of defense against the leakage and spread of infectious diseases of animal origin. It contributes to protecting public health, enhancing the sustainability of biodiversity and ecosystems, and protecting national food security. The new veterinary quarantine law replaces Federal Law No. 6 of 1979 regarding veterinary quarantine, which was issued 45 years ago, to be compatible with legislative developments and international standards and requirements in the field of animal health, and to achieve increased control efficiency over animal consignments imported into the country or in transit. from it, or exported from it.

The new law included several provisions that included updating definitions and expanding their scope, so that the list of definitions contained in the current law was updated to keep pace with scientific developments and international practices in the field of animal health, and the inclusion of new definitions, including, for example: veterinary quarantine procedures, veterinary health certificate, animal waste, animal feed, and border crossing. The law also applies to all animal consignments imported to, exported from, or transiting through the country.

The law aims to enhance the state’s ability to respond quickly and prevent the entry of cross-border animal diseases, by taking proactive precautionary measures, such as banning imports, or imposing temporary quarantine restrictions based on scientific indicators or international warnings regarding the outbreak of epidemic diseases in any country, including emerging, emerging, and cross-border diseases included in the list of the World Organization for Animal Health, and taking veterinary quarantine procedures for any infected animal consignments.

The import of animal consignments was also prohibited except through the approved border crossings in the country, which are determined by the Ministry of Climate Change and Environment, and allow the import of animal consignments through them. Veterinary quarantine was organized, through an integrated system that includes prevention, evaluation, prevention, examination, quarantine, and disposal of animals infected with epidemic diseases, for any animal consignments that are imported into the country, exported, or transited from it.

The law also specifies the powers of the Ministry of Climate Change and Environment and the competent authorities, including their authority to allow the import, export and transit of consignments of animals infected with epidemic diseases into or outside the country, and to establish veterinary control measures, including identifying temporary sites as quarries in emergency cases or in cases where it is not possible to quarantine live animals in approved veterinary quarantine centers, in accordance with health and preventive procedures.

The new law supports digital transformation, as it stipulates that the veterinary health certificate may be a paper or electronic document issued by the authority responsible for implementing veterinary quarantine in the country of export, and includes the detailed conditions and procedures that were applied to the animal consignment, in addition to strengthening control over means of animal transport, by requiring operators of ships, planes, and land carriers to adhere to the necessary specifications and requirements for transporting animal consignments determined by the Ministry of Climate Change and Environment, or the competent authority, as the case may be, including the obligation to disinfect the means before they enter the country. The state and after its use, and preventing its entry into the state in the event of suspicion of transmitting epidemic diseases, or through contaminated means of transportation or in violation of transportation requirements. The new law also promotes the safe disposal of dead animal bodies, infected live animals, or carriers of an epidemic disease, or their products or waste, in accordance with the procedures specified by the executive regulations of this law. Penalties have also been increased and expanded in scope. The new penalties include imprisonment and fines, in addition to confiscation, to ensure Deterrence and compliance.

Agricultural quarantine is the first line of defense to protect the state from agricultural diseases and pests, the direct impact of which is reflected in food security, public health, the environment, and the safe trade of agricultural and plant products around the world. The new agricultural quarantine law replaces Federal Law No. 5 of 1979 regarding agricultural quarantine, which was issued 45 years ago, to consolidate the state’s position as a leading center for international trade in the field of import and export of agricultural products and crops, and to comply with the amendments to the standards of the International Plant Protection Convention, and confirms the state’s obligations resulting from its membership. In international agreements and organizations, it contributes to enhancing biosecurity in the country and reducing biological risks that may arise from the trade exchange of agricultural consignments and goods of plant origin.

The most prominent provisions included in the new law are the addition of many terms that were not referred to in the previous law, including, for example: phytosanitary regulations and materials subject to them, beneficial organisms, and phytosanitary certificate.

The provisions of the law apply to plants, plant products, beneficial organisms, and other materials subject to phytosanitary regulations imported to and exported from the state, and agricultural shipments in transit to the state.

The law specifies the powers of the Ministry of Climate Change and Environment for the purposes of implementing the law, including, for example: regulating the import of plants, plant products, beneficial organisms and other materials subject to phytosanitary regulations, applying quarantine procedures for agricultural shipments after they enter the country as necessary, designating any site as a quarantine area, taking the necessary phytosanitary measures to prevent the transfer of quarantine pests to the country and their spread within the country, conducting periodic reviews of phytosanitary measures, in accordance with international standards, and studying and evaluating imported plants to ensure that they do not cause negative environmental impacts. On the natural biological diversity in the country.

The law stipulates that all agricultural shipments that are imported into the country or exported abroad must be inspected, and that the procedures stipulated in the law and its executive regulations be taken if the agricultural shipment threatens to introduce and spread a pest in the country, or if it does not comply with the provisions of the law and its executive regulations and the decisions implementing them, or in the event of suspicion of the presence of pests or diseases in it, and obliging any person or importer to disclose to the customs officer at the port of entry into the country any materials subject to phytosanitary regulations or Beneficial organisms, and these materials are not released except after the approval of the Ministry of Climate Change and Environment.

It was also prohibited to enter sand used in agriculture or natural agricultural soil, or accompanied by agricultural shipments and untreated and unsterilized organic fertilizers, except after obtaining a license from the Ministry of Climate Change and Environment or the Emirates Medicines Corporation, depending on the jurisdiction, in accordance with the conditions and procedures specified by the executive regulations of the law. The law tightened the penalties for violators of its provisions, as fines were raised to 500 thousand dirhams, with the ruling deporting the foreigner in the event of return.

The new Plant Varieties Protection Law aims to protect new plant varieties, regulate the granting of plant breeders’ rights and protect these rights. It promotes the development of new plant varieties adapted to environmental conditions, raises the state’s bio and food security rates, and the level of the state’s participation in the Council of the International Convention for the Protection of New Varieties of Plants as an effective member. The new law replaces Federal Law No. 17 of 2009 regarding the protection of new plant varieties, and is consistent with the best international practices and standards applied in the field of protection. Plant varieties, in particular the International Convention for the Protection of New Varieties of Plants, issued by the International Union for the Protection of New Varieties of Plants (UPOV).

The law includes a number of provisions regulating new plant varieties, the most important of which are: establishing a register for the protection of new plant varieties (in the Ministry of Climate Change and Environment), in which new plant varieties and the rights of plant breeders are registered, in accordance with the provisions of this law. The law also specifies the powers and tasks of the registrar (the competent administrative unit in the ministry) supervising the register, and determining who is a plant breeder so that it includes the person who bred a variety, or discovered and developed it, as well as the employer of that person, or the person who assigned him to undertake this. The work, or the legal successor of that person, and the conditions for granting the right of the new variety to the plant breeder were specified as being new, distinct, homogeneous and stable, and stipulating that granting the right of the plant breeder may not depend on any additional or different conditions that conflict with the provisions of the law, and setting the duration of the right of protection for the plant breeder to be 20 years, and 25 years for vines and trees, and starting from the date of granting the breeder’s right.

The law reformulated the conditions for considering a variety to be new with clearer wording, applying the law to any genus and plant species to which it had not previously been applied, and considering varieties belonging to this genus or plant species to meet the conditions of newness stipulated in the law, even if the sale or disposal of them to others occurred on state lands within four years before the date of filing, or within six years before the aforementioned date in the case of trees or vines, and that this provision applies to requests to protect the right of the breeder of plants filed within one year after applying the provisions of the law.

The provisions relating to a distinctive plant variety have also been reformulated, such that the variety is considered distinct if it can be clearly distinguished from any other variety known publicly on the date of filing the application, without requiring that the application be filed inside or outside the country, and the provisions relating to the homogeneous plant variety, the right of priority in submitting applications for protection of the variety, the scope of the plant breeder’s right and the exceptions to that right, and other provisions relating to the protection of plant varieties and its nomenclature and the temporary protection of the interests of the plant breeder, have also been reformulated in a formulation consistent with the provisions of the International Convention for the Protection of Varieties. New vegetarianism.

Moreover, articles were introduced that are compatible with the provisions of the International Convention for the Protection of New Varieties of Plants, amending the provisions related to the waiver of the plant breeder’s right, and cases of invalidation and cancellation of this right. The law also tightened the penalties imposed on violators of the provisions of this law, by stipulating a penalty of imprisonment for a period of not less than two months and up to three years, and a fine not exceeding 250 thousand dirhams.

• Strengthening precautionary and proactive measures to prevent the entry of animal diseases and agricultural pests into the country.

• Approving binding requirements and specifications for transporting animal consignments and agricultural shipments.

• Adopting integrated veterinary and agricultural quarantine systems, including prevention, evaluation, prevention, inspection, quarantine and disposal, for any animal consignments or plant shipments before they enter or leave the country.