- Article (1) Definitions
- Article (2) Scope of Application
- Article (3) Responsibilities of Supplier
- Article (4) Conformity Requirements
- Article (5) Transitional Provisions
- Article (6) Market Control and Survey
- Article (7) General Provisions
- Article (8) Violations and Penalties
- Article (9) Grievance Procedures
- Article (10) Cancellation
- Article (11) Publication and Entry into Force
The Cabinet,
- Having Reviewed the Constitution,
- Federal Law (1) of 1972 on the Competencies of Ministries and the Powers of Ministers as amended,
- Federal Law No. (1) of 1979 on the Regulation of Industry Affairs,
- Federal Law No. (24) of 1999 on Environmental Protection and Development as amended,
- Federal Law No. (28) of 2001 establishing the Emirates Authority for Standardization and Metrology as amended,
- Federal Law No. (24) of 2006 on Consumer Protection,
- Federal Law No. (14) of 2016 on Administrative Violations and Penalties in the Federal Government,
- Federal Law No. (19) of 2016 on Combating Commercial Fraud,
- Cabinet Resolution No. (34) of 2008 Concerning Fees on UAE Conformity Services and Quality Marks as amended, and
- Cabinet Resolution No. (35) of 2015 Regarding the UAE Law on Control of Conformity Assessment Bodies,
- And based on the approval of the Cabinet,
Hereby decides the following:
Article (1) Definitions
For the purpose of applying the provisions of this Resolution, the following words and expressions shall have the meanings assigned thereto receptively, unless the context otherwise requires:
State: The United Arab Emirates.
Authority: Emirates Authority for Standardization and Metrology.
Board: Board of Directors of the Authority.
Director General: The Director-General of the Authority.
Competent Authority: The federal or local authority concerned with the application of this Resolution.
Standard: A document setting out the properties of a commodity, material, service or any other a measurable item, the description, characteristics, quality level, dimensions, standards or safety requirements thereof; and shall also include terms, symbols, testing and sampling methods, packaging, description cards and marking.
Approved Standards: Standards approved by the Authority and referred to as a UAE Standard “UAE.S.”
Vehicles: Any motor vehicle to which the definition of the Gulf Regulations for Vehicles issued by a resolution of the Gulf Standardization Organization applies, and which is, excluding motorcycles or trailers, operated by means of a motor, without dependence on rails, cables or the like.
Genuine Spare Parts: Spare Parts designed and manufactured either at the vehicle’s factory or at an independent spare parts factory for replacement purposes in lieu of the malfunctioning or expiring corresponding part of the vehicle, in accordance with approved standards or specifications of the vehicle manufacturer.
Commercial Spare Parts: Spare Parts not manufactured at the vehicle’s factory, and are manufactured as replacements parts for motor vehicles in accordance with any international, regional, country of origin or manufacturer’s specifications.
Product: Any genuine or commercial spare parts set forth in the schedule hereto annexed.
Conformity Assessment: Any activity used directly or indirectly to verify that the product or service meets the relevant technical requirements.
Conformity Assessment Body: A body registered, approved or accepted by the Authority to conduct conformity assessment procedures in accordance with relevant legislation, including testing and calibration labs, inspection bodies, dependency testing and certification bodies for systems, individuals or products.
Emirates Conformity Assessment Scheme (ECAS): The scheme issued by the Authority and verifies the fulfillment of the approved standards and technical regulations, either directly or indirectly through specific procedures carried out by the Authority like inspection, testing, examination, calibration or granting the products conformity certificates.
Conformity Certificate: Certificates issued by the Authority, confirming the conformity of a product or any lot thereof to the requirements of the approved standards.
Emirates Quality Mark: A quality mark granted by the Authority indicating that the given product complies with the requirements stated in the approved standard or technical regulation.
Supplier: A manufacturer, processor, importer, agent, assembler, carrier or storing body of a product or any major or sub-distributor whose activity has an impact on the characteristics and performance of the product. It is also any commercial or legal representative for importing the product.
Supply Chain: All stages a product goes through after its production down to the consumer, including packaging, import, supply, transport, storage, delivery and assembly of the product, through wholesale, retail and any other relevant processes.
Offering: Any activity or action intended to sell, lease, trade, store, offer, market, promote or provide the product to the consumer, whether with or without charge.
Country of Origin: The country where the product was manufactured.
Article (2) Scope of Application
The provisions of this Resolution shall apply to the product both manufactured within and imported to the State for the purposes of being offered within the State to ensure the protection of the health and safety of users.
Article (3) Responsibilities of Supplier
The Supplier shall, where appropriate, be responsible for ensuring the conformity of the Product to the requirements hereof at any stage during which the Product is under its responsibility. To this end, Supplier shall comply with the following:
1. Carry out their activity through a registered company or an individual enterprise and holds a license in accordance with the relevant legislation.
2. Obtain the conformity certificate before offering any product listed in the schedule hereto attached.
3. Ensure that the product continuously meets the requirements hereof throughout its use in accordance with their specific usage instructions.
4. Cooperate with the Authority and the competent authority and provide them, upon request, with all documentation, examination certificates and any other documents related to the product; and
5. Cooperate with the Authority and the competent authorities in cases of product non-conformity or technical defects, for the purpose of withdrawing from the market and reporting any product that has been offered and sold that may pose risks to the user or vehicle.
Article (4) Conformity Requirements
1. It is prohibited to import or introduce a product which is subject to the provisions hereof unless it is registered according to the ECAS and has conformity certificate in accordance with the provisions hereof.
2. For the purpose of obtaining the conformity certificate, the following shall be met:
a. A supplier, who is responsible for a product which has not been granted conformity certificate, shall register the same to obtain the conformity certificate from the Authority, or from any acceptable assessment body authorized by the Authority.
b. The product shall meet the requirements of the Standards, as set out in the schedule hereto attached.
c. The product manufacturer effectively applies the quality management system to the vehicle factories, in accordance with the latest version of ISO / TS 16949.
d. Submission of a report confirming that the product has been tested in a lab that is recognized by the Authority, provided that the date of the test report shall not exceed three years.
3. Notwithstanding the provisions of paragraph (2) of this Article, the product shall be deemed to comply with the provisions hereof in either of the following cases:
a. If it has a UAE Quality Mark or any other conformity mark recognized by the Authority in accordance with the requirements hereof.
b. In case the product is genuine spare parts, the test report and declaration of conformity shall be submitted from product/vehicle manufacturer, provided that this requirement shall be met according to the conformity certificate form.
Article (5) Transitional Provisions
The supplier, where appropriate, shall adjust the status of the product in their stock prior to the effective date of the provisions of this resolution come into effect as follows:
1. Obtaining conformity certificate of a product that has not been introduced to the market, no later than (180) days from the date of entry into force hereof.
2. Adjusting the status of the product introduced to the market prior to the issuance hereof, no later than one year from the date of entry into force hereof.
Article (6) Market Control and Survey
1. The Authority or the competent authority, where appropriate, shall monitor the product on the market to ensure compliance with the mandatory Standards in accordance with the provisions hereof. In doing so, it may take any of the following measures:
a. Conducting inspection, sampling and testing of the product.
b. Ensuring that the State’s outlets are committed to banning the importation or introducing the product to the local market, only after obtaining the conformity certificate.
c. Taking any appropriate measures against the product which does not comply with any of the requirements of conformity. Such measures include ceasing trading of, withdrawal or recall of the non-conforming product on the local market.
d. Forcing a supplier, who is responsible for introducing a non-complying product to the local market, to recall and withdraw such product in order to rectify the situation, or obligating the supplier to return that product to the country of origin, or to destroy it in accordance with the legislation in force in such country, within such time limit as determined by the Authority or the competent authority, as appropriate.
e. Following up on the implementation of the procedures referred to in paragraph (d) of this item.
2. A supplier, whose stock product is subject to sampling, shall be responsible for non-conformity with the requirements hereof, unless proven otherwise, during such a period to be specified by the Authority or the competent authority, as the case may be.
Article (7) General Provisions
1. The Standards set out in the schedule hereto attached shall be mandatory in the State. Such schedule shall be considered an integral part hereof. It is prohibited to offer any product unless it complies with the provisions hereof.
2. The Authority shall be responsible for the implementation of the provisions hereof and it shall, for that purpose, identify the requirements and forms and take such measures as it deems appropriate for this purpose.
3. The Authority may delegate accepted conformity assessment bodies with some of its powers in accordance with the law and the decisions issued in this regard.
4. All authorities subject to the provisions hereof shall provide the assistance and information as required by inspectors of the competent authorities concerning the implementation of the provisions thereof.
5. The Board may add a product or new Standards as it deems necessary to implement the provisions hereof, or to amend the products and Standards contained in the schedule thereto attached. Any annexes attached or appended thereto shall be deemed to be an integral part thereof.
6. The provisions of this resolution shall not preclude inspection by inspectors of the competent authorities, taking samples of the product, conducting tests and other tests to ensure that the product conforms to the provisions of other legislations.
7. The Director-General shall issue such decisions as he deems appropriate for the implementation of the provisions hereof, and such decisions on any situation which cannot be dealt with thereunder, as well as decisions on any dispute arising as to the interpretation or application thereof.
Article (8) Violations and Penalties
In the event of violating any of the provisions of Articles (3), (4) and (5), and 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 (ESMA) as amended and other relevant legislation, the Authority or the Competent Authority may, as the case may be, impose one or more of the following administrative penalties:
1. Revoke the conformity certificate of the non-complying product.
2. Order the violator to bear the costs of removal and remedying of damage resulting therefrom in case of its failure of removal or remedying.
Article (9) Grievance Procedures
1. Decisions issued under the provisions of Article (8) hereof may be appealed, provided that the following are observed:
a. The grievance shall be submitted to the Director-General in accordance with the procedures determined by the Authority no later than 14 working days from the date of notifying the violator of the appealed decision.
b. All necessary documents explaining the cause of the grievance shall be attached.
2. The Director-General shall issue the decision as he deems appropriate regarding the grievance submitted in accordance with the provisions of this Article no later than 25 working days from the date of the submission thereof. The grievance shall be deemed rejected in the case of failure to take any action within the said period. The resolution issued in this respect shall be final.
Article (10) Cancellation
Any provision contrary to or inconsistent with the provisions of this Resolution shall be repealed.
Article (11) Publication and Entry into Force
This Resolution shall be published in the Official Gazette and shall come into effect from the day following the date of its publication.
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