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Cabinet Resolution Regarding the UAE System for Conformity Requirements for Vehicle Repair Workshop and Service Centers, and their Classification

The last update on this law was listed on 05 Nov 2019

Issued Date

05 Nov 2019

Effective Date

25 Nov 2019

Official Gazette Date

24 Nov 2019

Official Gazette No

666

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,
− Having reviewed the Constitution,
− Federal Law No. (1) of 1972 Regarding the Competences of Ministries and Powers of Ministers, as amended,
− Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology, as amended,
− Federal Law No. (2) of 2015 Regarding Commercial Companies, as amended,
− Federal Law No. (24) of 2006 Regarding Consumer Protection, as amended,
− Cabinet Resolution No. (22) of 2004 Regarding the Executive Regulation of the National Accreditation System,
− Cabinet Resolution No. (35) of 2015 Regarding the System of Control over Conformity Assessment Bodies, and
− Upon 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: The United Arab Emirates.
Authority: The Emirates Authority for Standardization and Metrology.
Board: The Board of Directors of the Authority.
Director General: The Director General of the Authority.
Competent Authority: The federal or local authority concerned with the implementation of the provisions of this Resolution.
Workshop: Any institution or company licensed by the Competent Authority to repair, inspect, maintain, and modify vehicles, and which includes all devices, equipment, and systems used in the repair processes, including mobile units.
UAE Conformity Assessment System (ECAS): The system issued by the Board, which is concerned with verifying that a product meets the requirements specified in the approved standard specifications, either directly or indirectly, through defined procedures conducted by the Authority, such as inspection, testing, calibration, or issuance of certificates of conformity.
Standard Specification: A document specifying the characteristics of a good, material, or service, or anything subject to measurement, including its descriptions, properties, quality level, dimensions, measurements, and safety and security requirements. It also includes terminology, symbols, testing methods, sampling, packaging, labeling, and marking.
Approved Standard Specification: The specification adopted by the Authority, referred to as a UAE Standard Specification and symbolized by (م ق/ إ ع م) or (UAE.S).
Certificate of Conformity: A certificate issued by the Authority, that verifies the conformity of the product or service to the requirements of the approved standard specification or specified technical requirements.
Conformity Assessment: Any activity that is used directly or indirectly to verify that a product or service meets the relevant technical requirements.
Conformity Assessment Body: A body registered, accredited, or accepted by the Authority to carry out conformity assessment procedures in accordance with the legislation in force in this regard, including testing and calibration laboratories, inspection bodies, proficiency testing bodies, and certification bodies for systems, individuals, or products.
Service: The technical systems and operations used in repairing and maintaining vehicles and carrying out preventive and corrective maintenance operations therefor.
Workshop Classification System: A system for assessing the Workshops according to the service provided and its performance level according to the Star Rating System.
Star Rating System: A process of classifying Workshops according to the approved standards, consisting of a number of stars ranging from one to five.
Product: All technical devices, equipment, systems, and mobile units used in repairing and inspecting vehicles and in carrying out preventive and corrective maintenance operations for them.

Article (2) Scope of Application

The provisions of this Resolution shall apply to all products, equipment, and professional skills of persons working in the Workshop, as well as to the services used and provided in Workshops operating in the periodic and corrective vehicle maintenance sector in the State, including free zones.

Article (3) Responsibilities of Competent Authorities

The Competent Authorities shall undertake the following:
1. Implementing and overseeing the enforcement of the provisions of this Resolution.
2. Ensuring that the Workshop has obtained a certificate of conformity before licensing or renewing the license for Workshops to practice this activity.
3. Developing survey and monitoring plans and programs to ensure the Workshops’ compliance with the implementation of the provisions of this Resolution.
4. Coordinating with the Authority to impose any other requirements or obligations on the Workshop.

Article (4) Obligations of the Workshop

The Workshop shall be obliged to do the following:
1. Fulfilling the technical requirements contained in Annex No. (2) attached to this Resolution.
2. Maintaining templates of documents, data, and information related to the service, the repair record, the technical staff, the devices, equipment, and spare parts used.
3. Obtaining a certificate of conformity from the Authority or a conformity assessment body.
4. Cooperating with the Authority and the Competent Authority and providing them with all the documents and data they may request.
5. Ensuring the conformity of the service with the requirements specified in this Resolution during the period of practicing the profession.
6. Placing and displaying the certificate of conformity according to the star rating system issued by the Authority in an appropriate and visible location for customers.
7. Providing appropriately qualified technical personnel to deliver the service.
8. Providing fire-fighting requirements, safety measures, and health, occupational, and environmental safety requirements within the Workshop.

Article (5) Classification Standards

1. The Authority or the conformity assessment body may classify the Workshops using the star rating system from one-star to five-star, in accordance with the requirements set out in Annex No. (1) attached to this Resolution.
2. The number of stars increases as the Workshop’s service performance rating rises.
 

Article (6) Certificate of Conformity

The following is required for the Authority to issue a certificate of conformity to the Workshop:
1. The Workshop’s compliance with the procedures in force for granting the certificate of conformity by the Authority or any accepted conformity assessment body, in accordance with the relevant legislation.
2. The Workshop’s fulfillment of the technical requirements shown in Annex No. (1) attached to this Resolution, and the conditions and provisions contained in this Resolution.
3. Providing the documents that prove the Workshop’s fulfillment of the requirements referred to in Clause (2) of this Article.

Article (7) Oversight and Verification

The Authority and the Competent Authority, as the case may be, shall have the right to oversee the Workshops subject to the provisions of this Resolution, and may conduct periodic and non-periodic inspections of the Workshops to ensure their conformity with the requirements and conditions stipulated in this Resolution.

Article (8) Violations and Penalties

1. If any violation of the provisions of this Resolution is detected, the Authority or the Competent Authority, as the case may be, shall take all necessary measures to remedy the violation and its effects from the market, and may, for that purpose:
    a. Instruct the service center to remedy the violation within the timeframe specified by the Authority or the Competent Authority, as the case may be.
    b. The Authority has the right to take the necessary measures against the violating Workshop that does not comply with the requirements of this Resolution, including suspending the Certificate of Conformity, reducing its classification level, or revoking its Certificate of Conformity, in coordination with the Competent Authority.
    c. Coordinate with the licensing authority to revoke the commercial license.
2. Without prejudice to any more severe penalty stipulated in the applicable legislation, whoever violates the provisions of this Resolution shall be subject to the procedures, measures, and penalties stipulated in Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology, as amended.
 

Article (9) Grievance Procedures

1. Workshops may file a grievance against the decisions and measures issued pursuant to the provisions of Article (8) of this Resolution, provided that it complies to the following:
    a. Submitting a grievance to the Director General in accordance with the procedures specified by the Authority, within a period not exceeding (14) working days from the date of notification of the decision or measure it wishes to file a grievance.
    b. Attaching all necessary documents that set out the grounds for grievance.
2. The Director General 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. The decision issued in this regard shall be final, and the grievance shall be considered rejected if no action is taken within this period.

Article (10) General Provisions

1. The Authority shall be responsible for implementing the provisions of this Resolution, and may, for this purpose, take the measures it deems appropriate to this end, and may delegate some of its powers to accepted Conformity Assessment Bodies.
2. The Authority, or the Competent Authority authorized thereby in accordance with the provisions of the law, shall receive and review registration and conformity applications from the suppliers covered by the provisions of this Resolution and issue Certificates of Conformity.
3. All relevant parties shall fully cooperate with the Authority and the Competent Authorities and provide the necessary information required for the implementation of the provisions of this Resolution.
4. The Board may amend Annex No. (1) and Annex No. (2) attached to this Resolution.
5. The provisions of this Resolution shall not prejudice the Workshops’ obligation to comply with the legislation regulating the environment, security, and safety, and all applicable legislation.
6. The Competent Authorities may determine the locations and areas authorized for the exercise of vehicle maintenance and repair activities.
7. The Board, or its authorized representative, may issue the standards, technical requirements, and procedures that determine the continuation or cancellation of the agent's warranty upon vehicle repair in Workshops classified pursuant to the provisions of this Resolution.
8. Workshops shall provide the necessary technical information for repair operations in accordance with the controls specified by the Authority.
9. The Authority may delegate the Competent Authority to oversee the Workshops subject to the provisions of this Resolution.
10. The Director General may take such measures as they deem appropriate regarding any case not provided for in this Resolution or any dispute that arises concerning the application of any of its provisions.
 

Article (11) Transitional Provisions

1. All Workshops subject to the provisions of this Resolution shall regularize their status and fulfill the mandatory requirements of the Workshop Classification System and the performance level under the Star Rating System, and shall submit an application for registration in accordance with the provisions of this Resolution within two years from the date its provisions enter into force.
2. A Workshop that has fulfilled the mandatory technical requirements set out in Annex No. (1) and Annex No. (2) before the expiry of two years from the date this Resolution's provisions enter into force, may voluntarily apply for registration.

Article (12) Repeals

Any provision that contradicts or conflicts with the provisions of this Resolution is hereby repealed.

Article (13) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force on the day following the date of its publication.

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