Up to Dh2-million fine: UAE issues new laws protecting plant, animal species, regulating trade

The UAE has updated some laws regarding international trade and protection of plant and animal species.

The laws are related to agricultural and veterinary quarantine, protection of new plant varieties and trade in endangered species.

The updates not only ensure sustainability and conservation of UAE’s ecosystems, but also regulate the movements of plant and animal species through the country’s borders, preventing entry of pests and animal diseases.

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Changes after 22 years

The new law replaces Federal Law No. 11 of 2002 concerning Regulating and Controlling the International Trade in Endangered Species of Wild Flaura and Flora, which  has remained in force for more than 22 years without amendment.

The law introduces updated and precise definitions for key terms, including endangered species, pre-convention specimens, falcon passport, shipment, and phytosanitary certificate, while revising existing terminology to ensure consistency with the UAE’s legislative drafting framework.

Scope of the law

The laws provisions apply across all territories of the UAE, including free zones, with respect to specimens and endangered species listed in the annexes attached to the law.

The law prohibits importing, exporting, re-exporting, transiting, or introducing from the sea of any endangered specimens through all border points of the UAE.

Seizure of specimens: Up to Dh2 million fine

The Ministry of Climate Change and Environment is responsible for implementing the law, overseeing enforcement related to international trade in endangered animal and plant specimens, combating illegal trade and issuing relevant certificates.

The new law grants the authority new powers, including the authority to dispose of seized specimens pursuant to the judicial rulings. The law also introduces provisions regulating transit specimens, allowing for the suspension of transit and seizure of specimens which do not have the required documentation.

Penalties have been significantly strengthened, with fines ranging from Dh30,000 to Dh2 million, and custodial penalties of up to four years in certain cases. Violators are required to bear all associated costs, including those related to seizure, transport, care, storage, and disposal of specimens, with mandatory deportation in the event of recidivism for foreign offenders.

Preventing animal disease

Veterinary quarantine is the first line of defence against infectious animal diseases. The new law includes an updated to a 45-year-old law on veterinary quarantine, aligning with international standards.

The law introduces new terms such as veterinary quarantine procedures, veterinary health certificate, animal waste, animal feed, and border entry point. Its provisions apply to all animal consignments entering, leaving, or transiting the UAE.

Competent authorities can take precautionary measures such as import bans and temporary quarantine restrictions, if deemed necessary.

Animal consignments may only enter the UAE through approved border entry points. The law establishes an integrated veterinary quarantine system including prevention, assessment, prohibition, inspection, quarantine, and disposal of infected animals.

Preventing plant disease

Agricultural quarantine is also covered by this law, which updates an over 45-year-old law on the same. This brings UAE’s standards to international standards.

The updated terminology under this law includes phytosanitary regulations, regulated articles, pests, quarantine pests, beneficial organisms, and phytosanitary certificates.

Its provisions apply to plants, plant products, beneficial organisms, and regulated articles imported into, exported from, or transiting through the UAE.

Penalties have been increased, with fines reaching Dh500,000 and mandatory deportation in the event of repeat offences for foreign offenders.

New plant varieties

The law establishes a register for the protection of new plant varieties within the Ministry of Climate Change and Environment. It defines the breeder to include the person who bred or discovered and developed the variety, their employer, or their legal successor.

Protection is granted where a variety is new, distinct, uniform, and stable. The protection period is set at 20 years, and 25 years for vines and trees.

The law revises novelty requirements, extends protection to all plant genera and species, and clarifies standards of distinctness and uniformity. Penalties for violations include custodial penalties of up to three years and fines of up to Dh250,000.

In summary, the updates focus on:

• Establishing an integrated legislative framework that reinforces the UAE’s position as a leading hub for international trade in animal products, agricultural crops, and plant commodities.

• Ensuring the sustainability, protection, and conservation of biodiversity and ecosystems, and safeguarding national food security.

• Providing legal protection for endangered animal and plant species and regulating their international trade.

• Achieving alignment with local and international developments and ensuring consistency with relevant international conventions and agreements.

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

• Adopting comprehensive veterinary and agricultural quarantine systems encompassing prevention, risk assessment, prohibition, inspection, quarantine, and disposal procedures for animal consignments and plant shipments prior to their entry into, exit from, or transit through the UAE.

• Protecting new plant varieties and safeguarding the rights of breeders of new plant varieties.

• Establishing mandatory requirements and specifications governing the transport of animal consignments and agricultural shipments.