أسئلة قانونية إماراتية عامةقانون اتحادي في شأن الموارد الوراثية النباتية للأغذية والزراعة

Article (1) In application of the provisions of this Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: State : United Arab Emirates. Ministry : Ministry of Environment and Water. Minister : Minister of Environment and Water Competent Department : The department concerned with supervising, controlling, and following up on the implementation of the provisions of this Law, its Executive Regulations, and the resolutions issued in implementation thereof in the Ministry. Competent Authority : The local authority concerned with the affairs of managing plant genetic resources for food and agriculture. Treaty : International Treaty on Plant Genetic Resources for Food and Agriculture of the United Nations. Genetic Resources : Any material of plant origin, reproductive and vegetative propagating material, containing functional units of heredity. 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 in which plant genetic resources for food and agriculture are located. Ex Situ : A collection of plant genetic resources for food and agriculture maintained outside their natural habitats.

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Federal Law No. (9) of 2013 Concerning Plant Genetic Resources for Food and Agriculture 3 Collection Derivatives : Products developed or extracted from plant genetic resources for food and agriculture, including new varieties or strains and other products. Traditional and Heritage Knowledge and Practices : The accumulation of knowledge in the State over generations that has social and economic value necessary for the use and preservation of plant genetic resources for food and agriculture. Innovations : Producing unprecedented knowledge or techniques, or developing existing knowledge or techniques, whether through accumulation, assembly, or use of the characteristics, value, breeding, or derivation of any plant genetic resource for food and agriculture. Collection : Collection of plant genetic resources for food and agriculture, their derivatives, traditional and heritage knowledge and practices, or innovations based on prior consent from the Ministry. Collector : The person who has obtained a collection permit from the Competent Authority to collect a specific plant genetic resource for food and agriculture from a specific area and under specific conditions after obtaining prior consent in coordination with the Ministry. Variety : Any plant grouping, within a single botanical taxon of the lowest known rank, defined by the reproducible expression of its distinguishing and other genetic characteristics. Farmer's Variety : A plant grouping with distinct genetic characteristics that has been selected, propagated and maintained by the farmer over the years. Selection : A qualitative selection of certain specific individual plants from a mixed population containing a group of plants, due to their desirable characteristics, with the aim of improving crop performance and raising productivity.

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Federal Law No. (9) of 2013 Concerning Plant Genetic Resources for Food and Agriculture 4 Multilateral System : The system of access to plant genetic resources for food and agriculture and benefit-sharing in accordance with the Treaty. Benefit- sharing : The participation of all relevant parties in a fair sharing of the benefits resulting from the use of plant genetic resources for food and agriculture and traditional and heritage knowledge and practices, whether material, technical or otherwise. Stakeholders : Federal and local government or private agencies or persons dealing with plant genetic resources for food and agriculture. Prior Consent : The Ministry’s approval of the application submitted by the collector, on the basis of which a permit is granted to collect plant genetic resources for food and agriculture or traditional and heritage knowledge and practices. Material Transfer Agreement : An agreement signed between the Ministry and the applicant to transfer plant genetic resources for food and agriculture outside the State, specifying the obligations of both parties, conditions of use, and sharing of benefits resulting from use in accordance with the terms of the agreement contained in the Treaty, in coordination with the Competent Authority. Person : Natural or legal person. Objectives

Article (2) This Law aims at the following: 1. Protecting and conserving plant genetic resources for food and agriculture, reducing their depletion, sustaining their use, and regulating their access and circulation, for the sake of agriculture and food security. 2. Ensuring that the benefits arising from the use of plant genetic resources for food and agriculture are shared in a fair and equitable manner, in accordance with the provisions of the Treaty.

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Federal Law No. (9) of 2013 Concerning Plant Genetic Resources for Food and Agriculture 5 3. Participation of all stakeholders in implementing programmes and activities related to the protection and conservation of plant genetic resources for food and agriculture. 4. Encouraging scientific research activities on plant genetic resources for food and agriculture in coordination with the Stakeholders. 5. Inventory, collect, classify and document the plant genetic resources for food and agriculture located in the State. 6. Documenting traditional and heritage knowledge, practices, and innovations associated with plant genetic resources for food and agriculture. Scope of Application of the Law

Article (3) The provisions of this Law shall apply to: 1. Plant genetic resources for food and agriculture within or outside their natural habitats and their derivatives. 2. Traditional and heritage knowledge, practices, and innovations associated with plant genetic resources for food and agriculture. 3. Stakeholders and persons dealing with plant resources for food and agriculture and traditional and heritage knowledge and practices. The Minister may, in coordination with the Competent Authority, exempt traditional methods of collecting, using and exchanging plant genetic resources for food and agriculture and traditional and heritage knowledge and practices within the State without prejudice to the provisions of the Treaty. The Executive Regulation shall specify the controls for this exemption. Duties of the Ministry

Article (5) A gene bank for plant genetic resources for food and agriculture shall be established in the Ministry, and it shall undertake the following functions: 1. Exploring, inventorying, documenting, preserving, characterising and evaluating the genetic origins and strains of plants and their uses. 2. Recording genetic assets and strains. 3. Collecting and preserving the microbial collection used in local agriculture from various sources. 4. Developing the necessary plans to propagate endangered varieties. 5. Granting prior consent to collect any plant genetic resources for food and agriculture or traditional and heritage knowledge or practices of the local community, in coordination with the Competent Department. The Cabinet may, based on the Minister’s proposal, add other competences, and the Executive Regulation shall determine the Bank’s work system. Transport of Plant Genetic Resources for Food and Agriculture Outside the State

Article (14) 1. The Ministry and the Competent Authority may both participate in sharing the benefits that may arise from the direct or indirect use of plant genetic resources for food and agriculture or the traditional and heritage knowledge and practices associated therewith, in accordance with the prior consent and the collection permit. 2. An agreement shall be made to share the benefits between the Ministry, the Competent Authority and the Collector for the commercial exploitation of plant genetic resources for food and agriculture and the knowledge and traditional heritage practices associated therewith, provided that this agreement includes a system of knowledge exchange and capacity support or financial compensation.

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Federal Law No. (9) of 2013 Concerning Plant Genetic Resources for Food and Agriculture 9 Farmers' Rights

Article (17) 1. The Minister or the Competent Authority may impose any of the following administrative sanctions: A. Warning. B. Cancellation of the permit. C. Closing the shop for a period not exceeding six months. D. Closing the shop permanently. 2. Criminal cases for the crimes stipulated in Article (18) of this Law shall not be initiated except by a written request from the Minister or his authorized representative. Any of them may be reconciled before referring the criminal case regarding them to the court in exchange for payment of an amount equivalent to twice the minimum fine imposed on the perpetrator of each of them. 3. The Minister shall issue a resolution specifying the controls and procedures for reconciliation.

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Federal Law No. (9) of 2013 Concerning Plant Genetic Resources for Food and Agriculture 10 Penalties

Article (18) 1. A penalty of imprisonment for a period not exceeding one year and/or a fine not less than (50,000) AED fifty thousand and not exceeding (500,000) AED five hundred thousand shall be imposed on: A. Anyone who practises any activity of collecting plant genetic resources for food and agriculture without obtaining a permit. B. Anyone who takes any plant genetic resources for food and agriculture outside the State without obtaining the necessary consents. 2. A fine not less than (10,000) AED ten thousand and not exceeding (30,000) AED thirty thousand shall be imposed on anyone who exceeds the period of the permit issued thereto. 3. The court shall order the confiscation of the materials, subject of the case, and refer them to the parties that may deal with or benefit from them. If the crime is committed in the name or for the account of a legal person or a commercial or professional establishment, it may order their closure for a period not exceeding six months. Applying Severer Penalty