- Article (1) Definitions
- Article (2) Scope of Application
- Article (3) Responsibilities of the Competent Authorities
- Article (4) Obligations of the Supplier
- Article (5) Conformity Certificate
- Article (6) Conformity Assessment Procedures
- Article (7) Monitoring and Market Surveillance
- Article (8) Violations and Penalties
- Article (9) Grievance Procedures
- Article (10) General Provisions
- Article (11) Transitional Provisions
- Article (12) Repeals
- Article (13) Publication and Entry into Force
The Cabinet:
− Having reviewed the Constitution;
− Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended;
− Federal Law No. (21) of 1995 Regarding Traffic, as amended;
− Federal Law No. (14) of 2016 Regarding Administrative Violations and Penalties in the Federal Government;
− Federal Law No. (10) of 2018 Regarding Product Safety, as amended;
− Federal Law No. (15) of 2020 Regarding Consumer Protection;
− Federal Decree by Law No. (20) of 2020 Regarding Standardization and Metrology;
− Cabinet Resolution No. (35) of 2015 Regarding the UAE System for the Control of Conformity Assessment Bodies;
− Cabinet Resolution No. (45) of 2016 Regarding Mandatory Standard Specifications for the United Arab Emirates,
− Cabinet Resolution No. (30) of 2017 Regarding the Regulation of Traffic, Road, and Road Safety Services, as amended;
− Upon the proposal of the Minister of Industry and Advanced Technology, and the approval of the Cabinet.
Hereby resolves as follows:
Article (1) Definitions
For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State: United Arab Emirates.
Ministry: Ministry of Industry and Advanced Technology.
Minister: Minister of Industry and Advanced Technology.
Competent Authority: The federal and local government authority in the State responsible for implementing any of the provisions of this Resolution.
Product: Any hydrogen-fueled vehicle with a gross weight not exceeding 4536 kg, including a light vehicle and a light bus with a speed exceeding 25 km/h which use hydrogen as an alternative fuel to generate motive power.
Standard Specification: A document that defines the attributes of a commodity, material, product, service, or everything that is subject to measurement, its description, characteristics, quality level, dimensions, standards or safety and security requirements therein. It also includes terminologies, symbols, testing methods, sampling, packaging, labels and marks.
Approved Standard Specifications: The standard specifications approved by the Ministry, referred to as UAE Standard Specifications and denoted by the abbreviation (UAE.S).
Conformity Certificate: A Certificate issued by the Ministry, which confirms that the product or any batch thereof complies with the requirements of the Approved Standard Specifications.
Gulf Conformity Certificate: A Certificate issued by an accepted body after conducting type examination, confirming that the technical design of the model subject to examination complies with the requirements of Gulf technical regulations.
Conformity Assessment: Any Activity used directly or indirectly to verify that the product or service complies with the relevant technical requirements.
Conformity Assessment Body: A Body registered, accredited or accepted by the Ministry to carry out Conformity Assessment Procedures in accordance with the legislation in force in this regard, including testing and calibration laboratories, inspection bodies, competence testing bodies, and certification bodies for systems, individuals or products.
Supply Chain: All stages through which a product passes, from the primary production until it reaches the consumer, including the stages of import and manufacture, product preparation, processing, packaging, handling, and placing on the market.
Supplier: The manufacturer, packer, processor, importer, or warehouse operator of the product, any primary distributor or sub-distributor or any person whose activity has an impact on the product characteristics, or any commercial or legal representative who is responsible for importing the product.
Article (2) Scope of Application
The provisions of this Resolution shall apply to all products that are placed on the State's markets, including the free zones.
Article (3) Responsibilities of the Competent Authorities
The competent authorities shall be responsible for the following:
1. Ensure that the Product complies with the conditions and provisions contained herein before its entry and registration within the State.
2. Carry out the market surveillance duties to ensure that the product obtains a Conformity Certificate in accordance with the provisions of this Resolution.
3. Provide centers and requirements for product periodic inspection.
4. Coordinate with the Ministry to impose any other requirements or obligations on the Supplier.
Article (4) Obligations of the Supplier
The Supplier, at any stage of the supply chain, shall comply with the following:
1. Not to enter any product into the State subject to the provisions of this Resolution before obtaining the Conformity Certificate or the Gulf Conformity Certificate.
2. Cooperate with the Ministry and the Competent Authority and provide it with all the documents and data it requests, including the product inspection reports shown in accordance with the requirements contained in Annex No. (3) attached hereto.
3. Ensure that the Product complies with the requirements specified herein and the instructions for use specified for it throughout the period of the product use.
4. Fulfill the Product requirements, including product performance requirements, required data labels, safety equipment, and product storage requirements in accordance with Annex No. (3) attached hereto.
5. Provide the requirements, data and procedures for dealing with incidents affecting the Product in accordance with Annex No. (3) attached hereto.
6. Ensure the provision of the supporting infrastructure of the product, including technical workshops, qualified personnel, devices and equipment used in maintenance in accordance with Annex No. (3) attached hereto.
7. Providing the technical requirements for the devices and equipment used in hydrogen refueling stations, according to the specifications contained in Annex (2) attached hereto.
8. Providing the technical requirements for maintenance, replacement and re-installation of the hydrogen system components in the Product, including safety requirements and technical personnel qualification to handle these products.
9. The technical instructions and procedures in force in the State shall be followed when storing, transporting and handling or when disposing of consumed or damaged waste to ensure the protection of the environment and the preservation of public safety.
Article (5) Conformity Certificate
To issue the Conformity Certificate, the following shall be required:
1. The Product shall comply with all the requirements of this Resolution, including the requirements of the Standard Specifications set forth in Annex No. (1) and Annex No. (2) and the technical requirements contained in Annex No. (3) attached to this Resolution.
2. Submission of the documents and drawings required to be attached that prove the Conformity of the Product in accordance with the requirements of this Resolution.
3. The product shall be tested in laboratories registered and approved by the Ministry, recognized or accepted by the Ministry.
Article (6) Conformity Assessment Procedures
1. The supplier shall apply to obtain the Conformity Certificate for the product, according to the following requirements:
a. Submit an application to register the product with the Ministry.
b. Provide a copy of a valid industrial or commercial license in the State.
c. Sign a Declaration of Conformity according to the form approved by the Ministry.
d. Submit all documents and data related to the Product's compliance with the technical requirements set out in Annex No. (3) attached hereto.
e. Determine the nominal characteristics of the Product, which shall be recorded on the label.
2. The Conformity Certificate issued in accordance with the provisions of this Resolution shall be valid for one year from the date of its issuance, and shall be renewed annually if it complies with the conditions mentioned in the provisions of this Resolution.
3. The manufacturer/supplier shall bear the costs of any Product inspection or testing required by the Ministry during the product conformity period.
4. In the event that the Product obtains the Gulf Conformity Certificate, this does not require obtaining a Conformity Certificate from the Ministry.
5. The Ministry shall have the right to conduct factory visits, whenever necessary, to review the manufacturing processes and witness the required tests in accordance with the Standard Specifications contained in Annex No. (1) attached hereto.
Article (7) Monitoring and Market Surveillance
1. When the Product is placed on the market, it shall be subject to surveillance. The Ministry or the Competent Authority, as the case may be, shall undertake the procedures necessary to monitor the Product to ensure its continued conformity with the Conformity Certificate at all stages of the supply chain, and for that purpose it may undertake any of the following procedures:
a. Ensuring that all outlets where the product is placed in the State comply with the prohibition of importing or placing it on the local markets, except after obtaining the Conformity Certificate;
b. Withdraw samples of the Product from the market or from the suppliers’ warehouses, in order to conduct the necessary tests and ensure their conformity with this Resolution requirement.
c. Undertaking the appropriate procedures against non-compliant Products, including suspending or cancelling the Conformity Certificate of such Products and withdrawing and recalling non-conforming Products from the market; and
d. Requiring the supplier responsible for placing the non‑compliant Product on the market, to recall and withdraw it from the local markets, and regularize its status if possible, or requiring them to return it to the country of origin or to destroy it in accordance with the legislation in force in this regard, within the period specified by the Ministry or the Competent Authority, as the case may be.
e. Follow-up on implementation of the procedures referred to in this article.
2. The supplier from whom the Product sample is taken shall be deemed responsible for the Product non-conformity with the requirements of this Resolution, unless proven otherwise, during the period specified by the Ministry or the Competent Authority, as the case may be.
Article (8) Violations and Penalties
1. Without prejudice to any penalty or procedure stipulated by any Legislation in force in the State, in the event that a violation of any of the provisions of this Resolution is committed, the Ministry or the Competent Authority, as the case may be, may impose one or more of the following administrative penalties:
a. Coordinating with the Licensing Authority to revoke the commercial license of the Violating supplier; and
b. Cancel the Conformity Certificate granted to the non‑compliant product.
c. Charging the Violator with the expenses and costs of removing and remedying the damages resulting from the violation, remedy in the event of failure to carry out the removal or remedy process.
2. If the Ministry or the Competent Authority, as the case may be, is unable to specify who is responsible for the Product's non-conformity with the requirements of this Resolution, then the person with whom the violation was detected shall be deemed responsible for the non-conformity unless otherwise proven.
Article (9) Grievance Procedures
1. Grievances may be filed against the decisions issued pursuant to the provisions of Article (8) of this Resolution, provided that the following are adhered to:
a. The grievance shall be submitted to the Minister or the Head of the Competent Authority or their delegates in accordance with the procedures specified by the Ministry or the Competent Authority, as the case may be, within a period not exceeding (14) working days from the date on which the Violator is notified of the decision against which the grievance is submitted; and
b. The necessary documents explaining the reason for the grievance shall be attached.
2. The Minister, the Head of the Competent Authority, or their delegates shall issue the decision they deem appropriate regarding the grievance submitted in accordance with the provisions of this article within a period not exceeding (25) working days from the date of its submission, and the decision issued in this regard shall be final, and the grievance shall be deemed rejected if no procedure is undertaken within the period specified in this Clause.
Article (10) General Provisions
1. The Ministry shall be responsible for implementing the provisions of this Resolution and for that purpose, it may undertake the procedures it deems appropriate, and it may delegate some of its powers to the acceptable Conformity Assessment bodies.
2. The Ministry shall be responsible for receiving and reviewing product registration applications and granting Conformity Certificates in accordance with the provisions of this Resolution. The Ministry has the right to delegate any of the competent authorities or appoint an acceptable Conformity Assessment body to assess Product conformity, in accordance with the Cabinet Resolution regarding the UAE system for the control of Conformity Assessment Bodies.
3. The supplier and the relevant parties shall fully cooperate with the Ministry and the Competent Authorities and shall provide the information necessary to implement the provisions of this Resolution.
4. The Standard Specifications contained in Annex No. (1) and Annex No. (2) attached hereto shall be mandatory Standard Specifications for the purposes of its implementation, and no Product may be placed unless it conforms to or complies with the provisions hereof.
5. The Minister may amend any of the Standard Specifications or the requirements contained in the Annexes attached to this Resolution, or adopt any other Standard Specification required for the implementation of this Resolution, in accordance with the Legislation in force in this regard.
Article (11) Transitional Provisions
The supplier who placed a Product on the market prior to the publication of this resolution shall be granted a period not exceeding one Gregorian year from the date of publication of this Resolution in the Official Gazette to regularize the status of that Product in accordance with the provisions of this Resolution.
Article (12) Repeals
Any provision that contradicts or conflicts with the provisions of this Resolution shall be repealed.
Article (13) Publication and Entry into Force
This Resolution shall be published in the Official Gazette and shall enter into force from the day following the date of its publication.
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