The notes on the Federal Draft Law on Animal Health in the UAE:
Mr. Hisham Fawzi: (Legal Advisor to the Council)
The truth is, the two cases are permissible, as the term “Asal” is known for adding “Disease-free area,” and this is a way of defining by addition. Also, the law domestically speaks in the form of addition, where it says “It is not permissible to declare a disease-free area” or “A suspected area,” it was not defined by “Al definition,” but rather by addition. So, we, proceeding with what the committee has mentioned, are satisfied with what was mentioned by the committee. Thank you.
Chairperson: “Owner of the Animal: The property of the animal or its possessor or guardian or caretaker, the observer of its observation and care.”
Reason for Amendment: Because the guardian may not take care and care.
Mr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)
Your Excellency, the definition of the owner of the animal differs from the animal’s property. This part is essential in the law because the owner of the animal is the animal’s property or its possessor or guardian or the one who takes care of its care. It has obligations related to reporting diseases and so on and is not related to ownership. Money and putting his hand on it will be regulated by civil law if he has bought the animal or if the animal is loose or a car or an animal. This issue regulates the Civil Transactions Act as well as buying a home. Here, the difference in this issue. But the difference in terms of the owner of the animal, because the money may not be the one who takes care of the guard or may not be responsible for it, so the owner of the animal is obliged to report to the authorities and there are criminal penalties for him if he does not report the disease or if someone has reported it to him and did not hand over the animal to the veterinarian to inspect it, so there are obligations and penalties for the owner of the animal if it is discovered that this animal is sick and is curbed. Will its meat be delivered to other commitments, for example, the owner of the animal will deliver it to the money, the money’s obligations are different from the owner’s obligations, and these matters do not restrict us in anything but were talking about compassion for the animal and their degree is lower than the law, and the law is the highest degree, the difference between them, but if we assume both, it does not restrict us because we put a law, thank you.
Chairperson: Article (2): “This law aims to maintain the health of the animal by reporting animal diseases and implementing programs for their prevention and control.” Because there is no revealing text in the draft of this article, it was established by the committee and the reason for its establishment: Given the law and directly into what it contains, reporting, we saw the establishment of a revealing text explaining the goals contained in the law and the means used.
Mr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)
Thank you, Your Excellency, in addition to what was mentioned by Mr. Abdulrahman Al-Shamsi, I would like to say that the objectives of the article resemble what is done in the general subject. In the general subject, we make an executive summary through which the content of the subject can be understood. As for laws, the executive summary is not possible, but the content of the law can be accessed through the title and article of the objectives. Therefore, the title and article of the objectives replace the executive summary in the general subject, where anyone looking at the law can understand the main principles of this law through it. This is the modern direction that we have been following since the beginning of this chapter. As for amending the article: We said that the law aims to maintain the health of the animal, so the goal is the health of the animal, but the primary means are prevention and control programs. So if the goal is heavier, we call it by name. If the means are heavier, we call it by name. So this law is a partial law, so the means prevail in it. Therefore, we called it by the name of the means. Therefore, the proposal of His Excellency the Minister to delete the phrase “by reporting animal diseases” and thus become the formulation: “This law aims to maintain the health of the animal through the implementation of programs to prevent and control animal diseases” reflects the meaning more clearly and aligns with the title we have prepared. Thanks.
Professor / Hisham Mohamed Fawzi: (Legal Advisor to the Council)
Your Excellency, the first paragraph speaks of the spectator and calls him “Stander By” in English, that is, a person who has no relation to the matter, a person who passes by and sees an animal sick with a disease, so he must inform who? Informs the competent authority, which is the Ministry or the police. We want to facilitate for people, and in the end, we want to reach our goal, which is to fight the disease in the easiest ways. The easiest ways are for the police station, which is responsible, in the end why found it?! Police stations were found to fight crime. If it is not a crime, it is preserved.
In terms of definition, when we met in the committee, we found that other definitions were talking about the owner of the animal according to the original text that came from the government, was talking about the owner of the animal and the need to report any disease listed in the table. We have 38 diseases listed in the table attached to the law, and we wondered and said how the owner of the animal knows this is the disease? Therefore, we divided the matter into two parts, the first part goes to the veterinarian and has the obligation to report to the veterinarian, so who will discover the disease? The veterinarian. So the veterinarian and the owner of the animal know the truth about the disease, so they or one must report to the authority with this disease. So we created the second paragraph that says: “Both should report immediately to the police station,” we put the commitment on both parties, and this is better because if the veterinarian was responsible for the report and did not report, the owner of the animal knows that his animal is sick and relies on the veterinarian in the report, but the doctor did not report. Therefore, we put the commitment on both parties at the same time there is no harm to the citizen because if he reported the veterinarian, we call it in this case a crime is preserved because it was not important. It is true that he did not report, but the goal is achieved and it was reported by someone else, so the crime is preserved because it was not important, and there is no harm achieved by society in committing it, the danger to the citizen by keeping the text until its current formulation with all the elements mentioned from the committee if the word “both” put is valid, if put “both or one” valid, and I prefer to maintain the word “both.” Thank you.
Your Excellency the President: But Ms. Legal said that there are penalties will come later. We added a fine and it is a fine of 1111 to 1111 dirhams, while the penalty for the owner of the animal is from 3111 to 11111 dirhams. The text of the first paragraph is useful, it is a simple penalty and it will come at its time. If the penalty is deleted, there is no problem with that. And we will leave it even if we do not impose a penalty on it, we will reach the final draft of the law and the item of penalties, and we will speak on this subject. Even if we delete the penalty, we may leave the item and there is no problem in that. Thanks.
Chairman: Article (4) The article has become (1), “The competent authority and police stations that received the notification mentioned in Article 3 of this law, report to the Ministry within 22 hours specifying the place and address of the owner of the animal. The Ministry shall immediately verify the accuracy of the report.”
Reason for Amendment: Since it is an epidemic, the risk is high. Therefore, the diseases to be reported must require the authorities and police stations not to delay in reporting to the Ministry. It has been decided that the report within 22 hours of the report is based on Law No. 11 of 2112 on the practice of veterinary medicine and the rules of the World Health Organization. And obligated the ministry to verify immediately from its side.
Chairman: Mr. Legal, please.
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Professor / Hisham Mohamed Fawzi: (Legal Advisor to the Council)
Your Excellency, I see that we talked about it in the form of the indefinite “infected and suspected area” and it is not considered a tangible area. The word itself is about the area without the “and,” so I see it remain as it is. Thanks.
Chairman:
Remain as is, my brothers, and now, do you agree on this article as well as you promised?
Agreed
