Please ensure Javascript is enabled for purposes of website accessibility
LegalApp

Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products

The last update on this law was listed on 04 Aug 2019

Related legislations

Issued Date

04 Aug 2019

Effective Date

16 Aug 2019

Official Gazette Date

15 Aug 2019

Official Gazette No

660

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:
- Upon reviewing the Constitution;
- Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, and its amendments;
- Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardisation and Metrology, and its amendments;
- Federal Law No. (24) of 2006 Concerning Consumer Protection, and its amendments;
- Federal Law No. (14) of 2016 Concerning Administrative Violations and Penalties in the Federal Government;
- Cabinet Resolution No. (35) of 2015 Concerning the UAE Scheme for the Control of Conformity Assessment Entities;
Has resolved the following:
 

Article (1) Definitions

In application of the provisions of this Resolution, the following words and phrases shall have the meanings assigned to each of them, unless the context stipulates otherwise:
State: United Arab Emirates.
Law: Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology, and its amendments, or any other legislation that replaces it. 
Authority: The Emirates Authority for Standardization and Metrology (ESMA). 
Board: The ESMA's Board of Directors.
Director General: The Director General of the ESMA. 
Competent Authorities: The federal or local authority concerned with implementing the provisions of this Resolution.
Standard: A document that specifies the characteristics of the commodity, material or service, or everything that is subject to measurement, its descriptions, characteristics, quality level, dimensions, measures, or safety and security requirements therein. It also includes terms, symbols, test methods, sampling, packaging, labels, and tags.
Approved Standard: A standard that is adopted by ESMA, and is referred to as UAE Standard, and symbolized by (S/UAE) or (UAE.S).
Conformity Assessment Scheme (ECAS): The Scheme issued by the Board, which is concerned with verifying that the product meets the specified requirements of the Approved Standards and technical requirements, directly or indirectly, through specific procedures carried out by ESMA, such as inspection, testing, calibration, or granting certificates of conformity.
The Mark: Any drawing, mark, stamp, chiselling or picture that refers to ESMA or what it has issued in regard to standardization, metrology, quality, and conformity, or that refers to any international organization in relation to standardization, metrology, quality, and conformity.
Emirates Quality Mark (EQM): The Mark approved by ESMA and is granted to the product to indicate that it conforms to the Approved Standards regarding the product.
Certificate of Conformity: The certificate issued by ESMA, confirming the conformity of the product or any batch thereof to the requirements of the Approved Standards.
Supplier: Manufacturer, importer, carrier, collector, agent or the person storing the product or any major or subsidiary distributor whose activity has an effect on the product's characteristics; or any commercial or legal representative in charge of importing, installing and operating the product subject to the provisions of this Resolution, and who conducts his activity through a company or sole proprietorship licensed in the State. 
Consumer: Anyone who obtains a commodity or service for or without consideration, to satisfy his personal needs or the needs of others. 
Supply Chain: All the processes that the product undergoes after it is manufactured and until it reaches the consumer, including importing, supplying, storing, delivering, and selling the product in bulk or singly, and any other process related to the product's delivery to the consumer.
Textile Fibers: The basic units (thin filaments) included in the formation of yarns and textiles (fabrics), in which certain conditions and specifications of length, durability and flexibility are provided so that they can be spun into yarns and then weaved. Annex (2) lists the names and descriptions of the components of textile fibers.
Product (Textile Products): Raw products that are prepared or semi-prepared, component, or semi-component, manufactured or semi-manufactured, and that are made exclusively from textile fibers, regardless of the mixing or assembly process used to manufacture them. 
Offering: A part of the supply chain that includes any activity aimed at selling, trading, storing, displaying, marketing, promoting, or presenting the product to the consumer, for or without consideration.

Article (2) Scope of Application

1. The provisions of this Resolution shall apply to textile products of which composition includes any of the components stated in Annex No. (2), and which are offered, manufactured, distributed, imported into the State, and they include:
    a. New ready-to-wear clothing products.
    b. Textiles / fabrics intended for knitting garments of all widths.
    c. Ready-to-use textiles intended for internal use, including furniture products, curtains, carpets, mattresses and their accessories.
    d. Any products that include textiles in their composition of not less than 80% of weight.
2. The following shall be excluded from the application of this Resolution:
    a. The yarn and textile products manufactured by people who work in their residences and independent companies providing the raw materials involved in the composition of these products.
    b. Textile products crafted by self-employed tailors.
    c. Textile products designed for single use.
    d. Textile products designed for outdoor use (such as gardens and parks).
    e. Leather, rubber and plastic products.
 
 

Article (3) Responsibilities of the Supplier

The Supplier shall, at any stage of the Supply Chain, must adhere to the following:
1. He must carry out his activity through a company or a sole proprietorship registered and licensed in accordance with the applicable legislation in the State.
2. The product shall meet the requirements specified in Annexes No. (1) and (2) attached to this Resolution according to the following criteria:
    a. Resistance to combustion for textile products for babies and children.
    b. The content of harmful materials and heavy metals in textile products.
    c. The requirements of the care label and the components label, and the requirements for advertising and marketing.
    d. Environmental requirements for textile products.
3. Cooperating with ESMA and the Competent Authorities and providing them with all necessary documents and examination certificates upon request, to ensure that the product conforms to the requirements of this Resolution.
4. Taking the necessary measures to ensure that the product conforms to any other requirements as determined by the concerned authorities according to the relevant legislation, in particular, observing the controls and requirements of public health, safety and the environment.
 

Article (4) Requirements for Conformity Assessment

1. The product conformity to the requirements of this Resolution shall be verified through the following:
    a. Verifying that the Supplier has registered the product with ESMA in the Emirates Conformity Assessment Scheme (ECAS).
    b. An acceptable conformity assessment entity shall conduct the necessary verification and assessment to determine the product's conformity to the technical requirements and the standards stipulated in Annex (1) attached to this Resolution, and any other standards approved by ESMA in this regard.
2. For the purposes of granting the product a certificate of conformity, the Supplier must:
    a. Use the forms approved by ESMA.
    b. Fulfil all the requirements of this Resolution, the technical requirements and the approved standards stated in Annex No. (1), attached thereto.
    c. Take appropriate measures to provide systems for controlling the product during the various stages of production in order to ensure the continuous fulfilment of the requirements of the approved standards.
3. Notwithstanding the provisions of Clauses (1) and (2) of this Article, a product that has obtained the Emirates Quality Mark or any other mark recognized by ESMA Authority shall be deemed to fulfil the requirements of the approved standard.
 

Article (5) Requirements of the Label

1. The labelling for textile products must meet the requirements of the Standards stipulated in Annex No. (1), attached to this Resolution.
2. The labelling for textile products must include the Emirates Conformity Mark (ECAS) in addition to the components of the product and the chemical components of the product, in accordance with ESMA requirements.
3. The labelling for textile products must include the necessary information about the appropriate storage environment that guarantees the quality and safety of the product.
4. Textile products must have a code for the production batch, through which the product can be traced during its circulation in the market.
5. None of the following may appear on the product:
    a. Any pictures or drawings that do not comply with the public order and prevailing social norms and values prevailing in the State.
    b. Any information that cannot be verified and proven.
 

Article (6) Requirements for Conformity Assessment Entities

The laboratories that conduct textile product examinations and tests and that issue examination reports must be approved and accepted by ESMA, according to Cabinet Resolution No. (35) of 2015 Concerning the UAE Scheme for Monitoring Conformity Assessment Entities.

Article (7) Market Monitoring and Surveying

1. When the product is put on the market, it is subject to monitoring, and ESMA or the Competent Authority, as the case may be, shall monitor it to ensure that it continues to conform to the requirements and conditions for obtaining the Certificate of Conformity in all stages of the Supply Chain; and for this purpose it may take any of the following measures:
    a. Inspecting and sampling the product and conducting the necessary examinations.
    b. Ensuring that all customs ports in the State are obligated to prohibit its import or entry and offering in the local markets, except after obtaining the Certificate of Conformity.
    c. Taking appropriate measures against the product that does not meet or loses any of the conditions for granting the Certificate of Conformity, including suspending its circulation or withdrawing it from the local markets.
    d. Obligating the Supplier responsible for offering the violating product to recall and withdraw it from the local markets, and to rectify its status if this is possible or to obligate him to return it to the country of origin or to destroy it in accordance with the applicable in force in this regard, within the period specified by ESMA or the Competent Authority, as the case may be.
    e. Following up on the implementation of the procedures referred to in this Article.
2. The Supplier for whom the sample was taken from the product in his possession shall be deemed responsible for nonconformity to the requirements of this Resolution, unless proven otherwise, within the period specified by ESMA or the Competent Authority, as the case may be.
3. Product monitoring also includes all entry points to the State to ensure that the product conforms to the provisions of this Resolution.
 

Article (8) Violations and Sanctions

1. Without prejudice to any penalty or measure stipulated in Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology and its amendments, and other relevant legislation, if a violation of any of the provisions of Articles (3) and (4) of this Resolution is committed, ESMA or the Competent Authority, as the case may be, may impose one or more of the following administrative sanctions:
    a. Coordination with the Licensing Authority to cancel the commercial license of the Supplier responsible for the violation.
    b. Cancellation of the Certificate of Conformity granted to the violating product.
    c. Charging the violator with the expenses and costs of removing and remedying the damages resulting from the violation if he does not remove or remediate.
2. If ESMA or the Competent Authority, as the case may be, is not able to determine who is responsible for the product's nonconformity to the requirements of this Resolution, then the person with whom the violation was detected shall be deemed responsible for the nonconformity, unless proven otherwise.
 

Article (9) Grievance Procedures

1. A grievance may be filed against the decisions issued pursuant to the provisions of Article (8) of this Resolution, provided that the following is adhered to:
    a. Submitting the grievance to the Director General in accordance with the procedures specified by ESMA, within a period not exceeding (14) business days as of the date on which the violator is notified of the decision he wishes to grieve against.
    b. All necessary documents explaining the reason for the grievance shall be enclosed.
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) business days as of the date of its submission, and the decision issued in this regard shall be final. The grievance shall be deemed rejected if no action is taken within the period specified in this Clause.
 

Article (10) Transitional Provisions

a. The Supplier must register the product in the Emirates Conformity Assessment Scheme (ECAS) in the Authority, within a period not exceeding (180) days as of the date of publishing this Resolution in the Official Gazette.
b. Textile products in the market that are not in compliance with the provisions of this Resolution shall be granted a period not exceeding one year as of the date of publication of this Resolution in the Official Gazette to reconcile statuses.
 

Article (11) General Provisions

1. For the purposes of implementing the provisions of this Resolution, the Approved Standard stipulated in Annex No. (1), attached to this Resolution shall be deemed as a mandatory standard in the State, and the Board may adopt any other standard required to implement the provisions of this Resolution, in accordance with the Law.
2. ESMA shall receive and study requests for product registration and conformity and issue the necessary decisions thereon, and it may appoint an acceptable conformity assessment entity to assess the product conformity, according to the relevant legislation.
3. ESMA shall set the necessary procedures to implement the provisions of this Resolution, and it may delegate any competent authority with any of these powers, provided that the delegation is specific and said authority exercises the competence delegated thereto under ESMA's supervision.
4. The Competent Authority in each Emirate shall be responsible for implementing the provisions of this Resolution. This shall include examination and testing to ensure that the product conforms to its provisions.
5. The Annexes attached to this Resolution are deemed as part of its provisions and shall be read with as one unit. The Board may review and amend any of these Annexes whenever the need arises.
6. The provisions of this Resolution do not preclude the application of laws, conformity regulations and other standards related to the product.
7. The provisions of this Resolution do not prevent the inspectors of the Competent Authorities from conducting other examinations on the product to ensure that it fulfils the provisions stipulated in the relevant legislation and other resolutions.
8. All entities subject to the provisions of this Resolution must provide the assistance and information requested by the inspectors of the Competent Authorities to implement its provisions.
9. If any situation arises that cannot be dealt with under the provisions of this Resolution, or if any dispute arises regarding its application, the matter shall be referred to the Director General to issue the decision he deems appropriate regarding that situation or that dispute in a manner that serves the public interest.
 

Article (12) Repeals

Any provision that contradicts or contravenes 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 as of the day following the date of its publication.

To view tables and schedules,

please click here

Translated in cooperation with