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Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage

The last update on this law was listed on 06 Jan 2019

Issued Date

06 Jan 2019

Effective Date

16 Jan 2019

Official Gazette Date

15 Jan 2019

Official Gazette No

645

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 review of the Constitution;
- Federal Law No. (1) of 1972 concerning the Competences of Ministries and Powers of Ministers, and any amendments thereof;
- Federal Law No. (28) of 2015 Concerning Setting up of Emirates Specifications and Standards Authority (ESMA), and amendments thereof;
- Federal Law No. (2) of 2015 on Commercial Companies, and any amendments thereof;
- Federal Law No. (24) of 2006 Concerning the Consumer Protection, and amendments thereof;
- The resolution of the cabinet No. (22) of 2004 concerning the executive regulation of the national accreditation system,
- The resolution of the cabinet No. (35) of 2015 concerning the control system of the conformity assessment authorities.
- And upon the approval of the Cabinet;
Resolves:
 

Article (1) Definitions

1. In the application of the provisions of this Resolution, the following words and phrases shall have the meanings assigned thereto, unless the context indicates otherwise:
Regulation: The gulf technical regulation of the electrical appliances and equipment with low voltage and the accessories attached thereto, which are approved under the provisions of this resolution.
Authority: Emirates Authority for Standardization and Metrology
Board: The Board of Directors of the authority
Director General: Director General of the Authority
Competent Authority: any federal or local government agency that is competent to implement the provisions of this resolution according to the legislations governing its works.
Standard Specifications: a document specifying the qualities of the item, material, service; all that is subject to measurement; or its descriptions, characteristics, quality level, dimensions, measurements, or its safety and security requirements; it also includes the terms, codes, test methods, sampling, packaging, labelling cards, and signs.
Approved Standard Specifications: The standard adopted by the Emirates Authority for Standardization and Metrology, that is referred to as a standard specification of the United Arab Emirates that stands for (UAE.S)
2. All words and phrases referred to in the regulation shall be complementary of the words and phrases mentioned in this resolution, unless the context indicates otherwise,

Article (2) Regulation Approval

1. The gulf technical regulation of the electrical appliances and equipment with low voltage attached thereto are considered an integral part of its provisions.
2. The board of ESMA may adopt any amendments that it deems necessary in the annexes attached to the regulation, in accordance with what its provisions stipulates.

Article (3) Responsibilities of ESMA and the Competent Authority

1. For the purposes of applying this resolution, The ESMA shall assume all of the competences and responsibilities entrusted to the national competent authorities, referred to in the regulation. The authority may delegate the competent authority to control the products subject to its provisions, under its supervision.
2. The provisions of this resolution do not preclude the inspectors of the competent authority from conducting other checks to ascertain the conformity extent of the products subject to this resolution to any of the mandatory conditions stipulated in the other legislations.

Article (4) Violations and Penalties

1. Without prejudice to any penalty or procedure stipulated in the federal law No. (28) of 2001, concerning setting up of Emirates Specifications and Standards Authority (ESMA), amendments thereof, and the other relevant legislations, in case of violation regarding any provision of this resolution, the ESMA or the competent authority may, as appropriate, impose one of more of the following administrative sanctions:
    a. Coordinating with the licensing authority to revoke the commercial license of the economic operator responsible for the violation.
    b. Cancelling the conformity certificate granted to the violated product.
    c. The violator should be charged with the costs and expenses of removing and processing the damages resulting from the violation in case he failed to remove of process.
2. In case the authority or the competent body was unable, as appropriate, to determine the responsible one of the product non- conformity to the requirements of this resolution, the one with whom the violation was detected shall be considered the responsible one of the non- conformity unless otherwise is proved.
 

Article (5) Grievance Procedures

1. Resolutions issued under Provisions of Article (4) of this Resolution may be complained, provided the commitment to the following:
    a. Submitting the grievance to the director general according to the procedures determined by the authority, within a period not exceeding (14) working days from the date of notifying the violator of the resolution of which he desires to complain.
    b. All documents required for showing the reason of the complaint shall be attached.
2. The director general shall issue the resolution he deems appropriate regarding the grievance submitted according to the provisions of this article within a period not exceeding (25) working days from the date of its submission. This resolution issued in this regard shall be final. The grievance shall be considered rejected in case no action was taken within the period specified in this clause.

Article (6) General Provisions

1. The attachment of this resolution shall be deemed an integral part thereof. The Cabinet shall have the right to amend it as necessary.
2. The authority shall take the required actions to implement the provisions of this resolution. It may also authorize some of its powers to the competent authority.
3. The product shall not be imported from the countries included in the resolution of import prohibition issued by the competent authorities in the country.
4. In case there is a case that may not be treated under the provisions of this resolution, or there was a dispute arose from its interpretation or application, the matter shall be submitted to the general director to issue the decision he deems proper for that case or that dispute so as to achieve the public interest.
5. in case of disapproval of giving the product the conformity certificate, the operator shall have the right of grievance or objection within a period not exceeding (60) days from the date of notifying him of the disapproval. The decision issued regarding the grievance or objection shall be final.
6. The economic operator may submit a new request to get a conformity certificate provided that the corrective measures and amendments required shall be taken under the resolution of the authority to respond to the grievance or objection submitted by him.
7. All the authorities subject to provisions of this Resolution shall provide the help and information required by the inspectors of the Competent Authorities, and which are related to the implementation of the provisions thereof.
8. The Board shall issue the resolutions necessary to implement the provisions of this Resolution.
 

Article (7) Transitional Provisions

The board shall have the power of issuing a resolution to determine the period of regularizing the status of the products that are subject to the provisions of this resolution so as to be of not less than one calendar year from the date of publication in the official gazette.

Article (8) Cancellations

Any provision contrary to or inconsistent with the provisions of this Resolution shall be repealed.
 

Article (9) Publication and Enforcement

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

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