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Cabinet Resolution Regarding the UAE Control System for Solar Products

The last update on this law was listed on 02 Feb 2020

Issued Date

02 Feb 2020

Effective Date

17 Feb 2020

Official Gazette Date

16 Feb 2020

Official Gazette No

672

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

The Cabinet:
- After reviewing the UAE Constitution;
- Federal Law No. (1) of 1972, concerning the Competencies of Ministries and Powers of the Ministers, and amendments thereof;
- Federal Law No. (1) of 1979 concerning the Regulation of Industrial Affairs;
- Federal Law No. (28) of 2001 concerning Establishing the ESMA, and amendments thereof;
- Federal Law No. (24) of 2006 concerning Consumer Protection, and amendments thereof;
- Federal Law No. (14) of 2016 concerning Administrative Violations and Penalties in the Federal Government;
- Federal Law No. (19) of 2016 concerning Combating Commercial Fraud;
- Cabinet Resolution No. (35) of with respect to UAE Control System for Conformity Assessment Authorities; and
- Upon the approval of the Cabinet,
Has resolved:

Article (1) Definitions

In the application of the provisions of this Resolution, the following words and expressions shall each have the respective meaning corresponding thereto, unless otherwise indicated in the text:
State: United Arab Emirates.

Authority: Emirates Authority for Standardization and Metrology.

Board: Authority’s Board Of Directors.

Director General: Director General of the Authority.

Competent Authority: Federal and local governmental Authority of the country that is authorized to implement the provisions of this Resolution.

Product: Solar products including all appliances, equipment, storage batteries and materials related to the process of generating electric energy using solar cells.

Emirates Conformity Assessment Scheme (ECAS): The Scheme issued by the Cabinet, which is concerned with checking that the product meets the specific requirements of the Approved Standard Specifications, directly or indirectly, through specific procedures that the authority performs, such as examination, testing, calibration, or granting certificates of conformity.

Standard: A document stating the features, descriptions, properties, quality, dimensions and specifications or the safety and security requirements of a commodity, material, service. It also includes the terms, symbols, test methods, sampling, packing, labelling and marks.

Approved Standard: The standard or standards adopted by the Authority and shall be hereinafter referred to as “Standard for United Arab Emirates” and shall be abbreviated as (UAE.S).

Certificate of Conformity: Certificate issued by the authority, which confirms that the product or any payment thereof is in compliance with the requirements of the Approved Standard.

Emirates Quality Mark: The emblem approved by the Authority, granted to the product to indicate that it conforms to the Approved Standard.

Conformity Assessment: Any activity used directly or indirectly to verify that the product or service meets the relevant technical requirements.

Conformity Assessment Body: The body registered, approved or accepted by the Authority to carry out conformity assessment procedures in accordance with the legislation in force in this regard, it includes examination and calibration laboratories, inspection bodies, merit testing bodies, and certification bodies for systems, individuals or products.

Approval: A procedure whereby the Authority gives formal recognition to the conformity assessment body, and declares that it has become qualified and competent to carry out certain tasks.
Supply Chain: All the stages that the product goes through from the initial production until it reaches the consumer, including the stages of import and manufacture, product preparation, processing, packaging, processing and launch.

Supplier: The product manufacturer, importer, carrier, collector, agent or store or any major or subsidiary distributor whose activity has an impact on the characteristics of the product or a commercial or legal representative who is responsible for importing, installing and operating the product subject to the provisions of this Resolution, and who practice the activity through a single company or corporation licensed in the state.

Launch:    Any procedure that aims to sell, lease, trade, store, offer, market, promote or introduce the product to the consumer, whether with or without consideration.

Solar farms: Large projects built to generate energy for large cities and villages, and not for individual or limited use.

Article (2) Scope of Application

The provisions of this Resolution shall apply to all solar energy products offered in the country, including the free zones, according to the Standard Specifications shown in the appendix attached to this Resolution, except for large solar farms.
 

Article (3) Supplier Obligations

At any stage of the supply chain, the supplier shall abide by the following:
1. Obtain a Certificate of Conformity for the products subject to the provisions of this Resolution and specified in the attached schedule.
2. Ensure the continuous conformity of the product to the requirements of this Resolution throughout the period of use of the product, in accordance with the specific use instructions for it and within its scope of responsibility throughout the supply chain.
3. Cooperate with the Authority and the competent authority and provide them with all documents, examination certificates and any other documents related to the product, upon request.

Article (4) Responsibility of the Competent Authorities

The competent authorities shall:
1. Ensure that the conformity certificate for the product is available before connecting to the public power grid.
2. Ensuring the appropriateness of connecting the product to the public power grid in accordance with the provisions of this Resolution and the approved controls and conditions it in this regard.
3. Carry out the market control tasks to ensure that the product obtains a certificate of conformity in accordance with the provisions of this Resolution.
4. Coordinate with the Authority to impose any other requirements or obligations on the supplier.
 

Article (5) Conformity Requirements

1. The product shall obtain, before introduction, a certificate of conformity, after fulfilling the following requirements:
    a. Fulfil the requirements of the Approved Standards, which are indicated in the attached appendix to this Resolution.
    b. Submit the documents and blueprints that prove the conformity of the product and shall be attached to it according to the requirements of this Resolution.
    c. Register and obtain the Conformity Certificate from the Authority, or from a Conformity Assessment Body approved and accepted by the Authority in accordance with the provisions of Cabinet Resolution No. 35 of 2015 regarding UAE control system for Conformity Assessment Bodies.
    d. Test the product in a laboratory recognized by the Authority, provided that the test report date shall not be older than three years.
2. The products that have obtained the Emirates Quality Mark or any other mark recognized by the Authority, are in conformity with the requirements stipulated in this Resolution.
 

Article (6) Conformity Assessment Process

1. The supplier shall apply to obtain the Conformity Certificate (ECAS) for the product, according to the following requirements:
    a. Submit an application to register the product with the Authority.
    b. A copy of a valid industrial or commercial license, valid in the country.
    c. Sign the conformity declaration according to the form approved by the Authority.
    d. Provide all special documents that show the design, manufacture, installation, operation, and maintenance of the product, and any other instructions necessary to use and invest the product, including drawings, blueprints, and a list of necessary components included in the product.
    e. Determine the nominal characteristics of the product, which shall be recorded on the label, the degree of protection value, and the type of protection.
2. The Conformity Certificate (ECAS) issued in accordance with the provisions of this resolution shall be valid for a period of one year from the date of its issuance, and shall be renewed annually if it meets the conditions mentioned in the provisions of this law.

Article (7) Control and Market Survey

1. On its introduction to the market, the product shall be subject to control, and the Authority or the Competent Authority, as appropriate, monitor the product to ensure the continuity of its conformity to the Conformity Certificate at all stages of the supply chain, and for that purpose it may take any of the following measures:
    a. Inspect, take samples of the product and perform the necessary checks.
    b. Ensure that all product outlets in the country are committed to prohibiting its import or introduction in local markets, except after obtaining a Conformity Certificate.
    c. Take appropriate measures against the product that does not meet one of the conditions for granting the Conformity Certificate or which loses any condition, including suspending its circulation or withdrawing it from local markets.
    d. Obligate the supplier responsible for introducing the non-complying product, to recall it and withdraw it from local markets, and correct its conditions if possible, or obligate it to return it to the country of origin or destroy it in accordance with the legislation in force in this regard, within the period specified by the Authority or the Competent Authority, as appropriate.
    e. Follow up the implementation of the procedures referred to in this article.
2. The supplier whose product the sample was taken shall be responsible for its failure to comply with the requirements of this Resolution unless otherwise established, within the period specified by the Authority or the Competent Authority, as appropriate.
3. The product control includes all entry points to the country to ensure that the product conforms to the provisions of this Resolution.

Article (8) Violations and Penalties

1. Without prejudice to any penalty or procedure stipulated by Federal Law No. (28) of 2001 regarding the establishment of the Emirates Authority for Standardization and Metrology and its amendments and other relevant legislation, in the event that a violation of any of the provisions of Articles (3) and (5) of this Resolution is committed, the Authority or the competent authority, as the case may be, shall impose one or more of the following administrative penalties:
    a. Coordinate with the licensing authority to cancel the commercial license of the supplier responsible for the violation.
    b. Cancel the Conformity Certificate granted to the non-complying product.
    c. Obligate the violator to pay the expenses and costs of removal and remediation of damages resulting from the violation in the event that he fails to perform the removal or remediation.
2. In the event that the authority or the competent authority, as the case may be, is unable, to determine who is responsible for the product’s non-conformity with the requirements of this Resolution, then the person whose violation was caught shall be responsible for the non-conformity unless otherwise proven.

Article (9) Grievance Procedures

1. Grievances may be lodged against decisions issued in accordance with the provisions of Article (8) of this Resolution, or in the event that the product has not been granted a Conformity Certificate, provided that the following shall be adhered to:
    a. Submit the grievance to the Director General of the Authority according to the procedures determined by the Authority, within a period not exceeding 14 working days from the date of informing the violator of the decision against which he wishes to complain, or within a maximum of 60 days from the date of notifying the supplier of the decision to approve granting the product a Conformity Certificate.
    b. Attach all necessary documents that explain the grounds for the grievance.
2. The Director General shall issue the decision he deems 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 considered rejected if no action is taken within the period specified in this Clause.
 

Article (10) General Provisions

1. The Approved Standards set out in Schedule No. (1) attached to this Resolution shall be mandatory to apply in the country, and this Schedule shall be an integral part of it.
2. The Authority, or the competent authority it authorizes to do that, according to the provisions of the law, shall receive and consider the registration and conformity applications from the suppliers covered by the provisions of this Resolution and grant the Conformity Certificates.
3. The Authority shall take the necessary measures to implement the provisions of this Resolution, and it may delegate some of its powers to the competent authority.
4. It is prohibited to import products from the countries covered by the import ban decisions issued by the competent authorities in the country.
5. If any case arises that cannot be addressed in accordance with the provisions of this Resolution, or any dispute arises in the interpretation or application thereof, the matter shall be referred to the Director General to issue the decision he deems appropriate regarding that case or that dispute in the public interest.
6. The supplier may submit a new application to obtain a Conformity Certificate provided that the corrective actions and the required adjustments shall be taken in accordance with the Authority’s decision to respond to the grievance or objection submitted by him.
7. All bodies subject to the provisions of this Resolution shall provide the assistance and information requested by the inspectors of the competent authorities relating to the implementation of its provisions.
8. The provisions of this decision shall not prevent inspectors of the competent authorities from inspecting, taking samples of the product, and conducting checks and tests to ensure conformity of the product with the provisions of other legislations.
9. The Council may amend any of the Standard specifications mentioned in the attached Schedule or adopt any other Standard required for the implementation of this Resolution, in accordance with the provisions of Federal Law No. (28) of 2001 establishing the Emirates Authority for Standardization and Metrology and its amendments referred to.
10. The Board shall issue the necessary decisions to implement the provisions of this Resolution.

Article (11) Transitional Provisions

1. The supplier shall, as appropriate, register the product with the Authority in the Emirates Conformity Assessment. Scheme (ECAS), within a period not exceeding (180) days from the date of publication of this Resolution in the Official Gazette, for the product that entered any stage of the supply chain, and not introduced in the local market before the issuance of this Resolution.
2. The supplier shall be granted a period not exceeding one year from the date of publication of this Resolution in the Official Gazette, to reconcile the positions of the product on the market before its issuance.

Article (12) Cancellation

Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

Article (13) Publication and Applicability

This Resolution shall be published in the Official Gazette, and it shall come into force from the day following the date of its publication.

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