Law No. (19) of 2009
Establishing the
Supreme Council of Energy[1]
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We, Mohammed bin Rashid Al Maktoum,
Ruler of Dubai,
After
perusal of:
Law No. (3) of
2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (18) of
2006 Concerning Management and Realisation of the Public Funds of the
Government of Dubai;
Law No. (27) of
2006 Concerning Management of the Government of Dubai Human Resources;
Law No. (18) of
2009 Establishing the Department of Petroleum Affairs;
Decree No. (1) of
1992 Establishing the Dubai Electricity and Water Authority and its amendments;
Decree No. (2) of
1992 Establishing the Dubai Supply Authority;
Decree No. (9) of
2001 Concerning Dubai Aluminium Company Limited; and
Decree No. (26)
of 2006 Establishing the Dubai Petroleum Establishment,
Do
hereby issue this Law.
This Law will be
cited as “Law No. (19) of 2009 Establishing the Supreme Council of Energy”.
The following
words and expressions, wherever mentioned in this Law, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Government: |
The
Government of Dubai. |
|
Executive Council: |
The
Executive Council of the Emirate of Dubai. |
|
SCE: |
The
Supreme Council of Energy. |
|
Secretary General: |
The
secretary general of the SCE. |
|
Advisory Committee: |
The
advisory committee of the SCE. |
|
Energy Service Providers: |
Any
public or private entity licensed to operate in the energy field, including
in the production, transmission, and distribution of electricity, water,
petroleum products, gas, and central cooling for
consumers. |
|
Quality Standards: |
The
standards applied to assess electrical
conductivity and the availability of electricity sources. |
|
Renewable Energy: |
Primary
energy sources that are
used for generating electricity and that are sustainably
renewable in line with the consumption of produced
electricity. This includes solar energy, wind energy, biomass energy, and
geothermal energy. |
Pursuant to this
Law, a council named the “Supreme Council of Energy” is established. The SCE
will have legal personality and the legal capacity required to undertake the
acts and dispositions that ensure the achievement of its objectives.
For purposes of
this Law, the energy sector includes:
1.
the exploration, production,
storage, transportation, and distribution of natural gas, liquefied petroleum
gases, and crude oil; and the provision of related services;
2.
the production and transportation of
condensate, petroleum products, and fuel for public consumption; and the
provision of related services;
3.
the generation, transmission, and distribution
of electricity for public consumption; and the provision of related services;
4.
the production of electricity from
Renewable Energy sources,
the hybrid generation of electricity,
and the provision of
related services;
5.
the production of nuclear energy for
civil purposes, particularly
for generating electricity and desalinating salt water;
6.
in general, the initiatives and
programmes designed for managing demand against consumption;
7.
central cooling;
8.
the production, storage, and
distribution of water for public consumption; and the collection, treatment,
and disposal of sewage water; and
9.
any other initiatives or programmes
related to energy or water.
1.
The SCE will be comprised of a
chairman, a vice chairman, and at least five (5) other specialised and
experienced members representing the energy sectors in the Emirate. The
SCE members will be appointed pursuant to a decree of the
Ruler.
2.
The SCE will convene at the
invitation of its chairman, or vice chairman in case of absence of the
chairman, at least once every two (2) months or where necessary. Meetings of
the SCE will be valid if attended by the majority
of its members, provided that the chairman or vice chairman is in attendance.
Resolutions and recommendations of the SCE will be passed by majority vote of
the attending members;
and in the event of a tie, the chair of the meeting will have a casting vote.
The resolutions of the SCE will be recorded in minutes signed by the chair of
the meeting and the attending members.
3.
In the performance of its functions,
the SCE may, as it deemed appropriate, seek the assistance of experts and
specialists by inviting them to attend its meetings, but they will have no
vote.
The SCE will have
the following objectives:
1.
to ensure maintaining
the energy supply to
the Emirate by:
a.
providing the primary sources of
energy at a reasonable cost and minimising
the resulting negative environmental impact;
b.
establishing Quality Standards and
ensuring that Energy Service Providers strictly
apply these standards; and
c.
providing guidelines and
instructions to Energy Service Providers in respect of the priorities of energy
sector policies and various activities;
2.
to effectively develop energy sector
related plans by:
a.
developing appropriate plans for
meeting the future energy needs of the Emirate;
b.
contributing to the development of
the Dubai strategic energy plan and update this
plan at least once every three (3) years in line with the Dubai Strategic Plan;
c.
reviewing and updating the
medium-term (5-year) energy plans for Energy Service Providers; and
d.
ensuring effective coordination of
the planning processes and
the provision of necessary
data to all concerned
entities;
3.
to regulate the rights and
obligations of Energy Service Providers and establish
effective cooperation and coordination amongst them;
4.
to enhance the cost effectiveness
and the quality of provided energy services by all means available,
including by:
a.
providing the appropriate incentives
to accomplish the
desired outcomes; and
b.
imposing a cost-based tariff where
necessary;
5.
to rationalise energy consumption
and emphasise environmental sustainability by:
a.
determining the policies and
objectives of demand management initiatives and programmes, including Renewable
Energy and alternative energy initiatives;
b.
providing incentives to Energy
Service Providers to encourage them to accomplish the desired outcomes; and
c.
determining the level and sources of
funding Government support to services;
6.
to boost cooperation in all matters
related to energy in the Emirate by:
a.
coordinating on energy related
matters with the authorities and entities concerned with urban planning and the
environment and with any other entities; and
b.
coordinating with international and
regional organisations and companies operating in the energy field.
For the purpose
of achieving its objectives, the SCE may:
1.
propose the Dubai strategic energy
plan every three (3) years;
2.
manage, coordinate, develop, and
approve the energy sector policies;
3.
involve the entities affected by the
operations of Energy Service Providers in the process of planning and
developing the energy sector policies;
4.
approve the fees and tariffs for the
services provided by Energy Service Providers to the public and any changes
thereto;
5.
compile data and information from
Energy Service Providers, including five-year plans, operational plans,
financial documents and records, and other necessary documents;
6.
verify that Energy Service Providers
are in compliance with the approved energy sector policies;
7.
review the contracts concluded by
Energy Service Providers with international organisations and any major
amendments to currently
enforceable contracts;
8.
resolve any conflicts that may arise
between Energy
Service Providers in an amicable manner;
9.
propose the level of Government
support to the energy sector in coordination and consultation with concerned
entities, and submit the same to the Executive Council for approval;
10.
evaluate the performance of Energy
Service Providers and the quality of their services;
11.
consider and resolve customer
complaints concerning the performance of Energy Service Providers;
12.
submit annual reports to the
Executive Council on the financial performance and key performance indicators
of the SCE;
13.
provide appropriate advice,
consultation, and recommendations to the Government on all matters related to
energy sector policies, particularly on the impact of the financial cost
incurred by the energy sector on the tariffs for consumption of electricity,
water, petroleum, and petroleum products;
14.
ensure sufficient and uninterrupted
supply of electricity, water, and fuel at reasonable prices;
15.
ensure efficient storage and
distribution of water supplies; and
16.
ensure
that sewage water is treated in a manner that ensures the security, health, and
safety of the environment;
and enhance its use for appropriate purposes.
1.
A Secretary General will be
appointed to the SCE pursuant to a resolution of the Chairman of the Executive
Council.
2.
The Secretary General will
coordinate and arrange for meetings of the SCE, supervise its work, and follow
up the implementation of
its resolutions in coordination with the concerned sectors and entities in the
Emirate.
3.
The SCE will have an administrative
and technical body appointed by the Secretary General and
comprised of employees to whom Law No. (27) of 2006
Concerning Management of the Government of Dubai Human Resources applies.
The SCE will have
an Advisory Committee comprised of a chairman and at least six (6) competent
and specialised members appointed pursuant to a resolution issued by the
SCE.
The Advisory
Committee will provide advice to the SCE concerning the latest
best
practices in energy technology and the modern economic and financial trends in
the energy sector.
The Advisory
Committee will convene at the invitation of its chairman at least once every
three (3) months or where necessary.
Advisory Committee meetings will be valid if attended by
the
majority of its members, provided that the chairman of the Advisory Committee
is in attendance. The Advisory Committee will issue its resolutions by majority
vote of the attending members; and in the event
of a tie, the chairman of the Advisory Committee will have a casting vote. The
resolutions of the Advisory Committee will be recorded in minutes signed by its
chairman and the attending members.
The SCE will have
an annual budget approved pursuant to a resolution of the Executive Council.
The financial
resources of the SCE will consist of:
1.
the support allocated to the SCE in
the general budget
of the Emirate; and
2.
any other resources approved by the
Executive Council.
The Chairman of
the Executive Council will issue the regulations and resolutions required for
the implementation of the provisions of this Law.
Any provision in
any other legislation will be repealed to the extent that it contradicts the
provisions of this Law.
This Law comes
into force on the day on which it is issued, and will be published in the
Official Gazette.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 28 June 2009
Corresponding
to 5 Rajab 1430 A.H.
©2021 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.