- Article (1) Definitions
- Article (2) Scope of Application
- Article (3) Technical Requirements
- Article (4) Supplier’s Obligations
- Article (5) Conformity Assessment
- Article (6) Monitoring and Surveying the Market
- Article (7) Penalties and Fines
- Article (8) Grievance Procedures
- Article (9) General Provisions
- Article (10) Transitional Provisions
- Article (11) Repeals
- Article (12) Publication and Entry into Force
The Cabinet:
- Having reviewed the Constitution;
- Federal Law No. (1) of 1972 regarding the Competences of the Ministries and the Powers of Ministers as amended;
- Federal Law No. (1) of 1979 regulating the Industry Affairs;
- Federal Law No. (24) of 1999 regarding the Environment Protection and Development, as amended;
- Federal Law No. (28) of 2001 on the Establishment of Emirates Authority for Standardization and Metrology (ESMA), as amended;
- Federal Law No. (24) of 2006 regarding the Consumer’s Protection as amended;
- Federal Law No. (19) of 2016 on Combating Commercial Fraud;
- The Cabinet Resolution No. (35) of 2015 regarding the UAE Regulations for Control of Conformity Assessment Bodies and;
- Based on the Cabinet approval;
Hereby resolved as follows:
Article (1) Definitions
1. For applying the provisions hereof, and unless otherwise required by the context, the following words and expressions shall have the meanings assigned thereto:
The State: The United Arab Emirates
ESMA: Emirates Authority for Standardization and Metrology (ESMA)
The Board: ESMA Board of Directors
The Director General: The Director General of ESMA
The Competent Authority: The federal or local authority concerned with the implementation of the provisions hereof.
Standard: A document that defines the specifications of a particular commodity, material, service or any measurable object or its specifications, properties, level of quality, dimensions, measurements or requirement of safety and security. This includes the terms, symbols, testing methods, samples, packaging, information labels and marks.
Approved Standards: The standards approved by ESMA and referred to with the expression “UAE standards” and the code (UAE/S) or UAE.S.
The Product: Any device referred to in annex (1) attached hereto which is operated by electric power or electromagnetic field and is designed to operate at a voltage of not more than 1000 volt for alternating current and 1500 volt for direct current.
Emirates Conformity Assessment Scheme (ECAS): The scheme issued by ESMA and intended for the direct or indirect verification of product conformity with the requirements of the approved standards through certain measures carried out by ESMA including inspection, testing, standardization or issuance of conformity certificates.
Conformity Certificate: A certificate issued by ESMA confirming the conformity of a product or any batch thereof to the requirements of the approved standards.
Supplier: The factory, importer, agent or assembler of the product, or any main or secondary distributor whose activity affects the product properties or any commercial or legal representative responsible for the import, installation and operation of the product subject to the provisions hereof who practices his business through a company or individual establishment licensed in the State.
Supply Chain: All the stages through which the product passes after its manufacturing including its import, supply, storage, assembly, wholesale or retail or any other related processes until the product is installed and put into service.
Technical Standard: A document setting out the technical requirements of the product, operations and services.
Market Survey: Any activity or actions taken by the competent authorities to ensure that the product conforms to the requirements hereof. This shall not include the health and safety control procedures.
Hazardous Substances: Any of the substances specified in Annex (2) attached hereto which are used in manufacturing the product.
2. The definitions of technical terms used in Annex (5) attached hereto are hereby approved.
Article (2) Scope of Application
The provisions hereof shall apply to all the products set forth in Annex (1) attached hereto with the exception of the products intended for any of the uses stated in Annex (3) and Annex (4) attached hereto.
Article (3) Technical Requirements
1. The concentration of hazardous substances in a product may not exceed the ratios specified in Annex (2) attached hereto in all the products subject to the provisions hereof including the cables and spare parts necessary for their repair, reuse, update and leveraging the level of their performance.
2. The ratio of concentration of hazardous substances referred to in item (1) of the present Article shall be calculated by referral to the weight of homogenous substances in the part where such substances are used.
Article (4) Supplier’s Obligations
In any stage of the supply chain stages, the supplier shall:
1. Conduct its business through an individual company or corporation registered and holding a license according to the legislations applicable in the State.
2. Meet the requirements hereof particularly ensuring the availability of the requirements of the technical standard and the product conformity to the approved standards indicated in Annex (6) attached hereto.
3. Cooperate with ESMA and the competent authorities and provide them with the required documents and inspection certificates when requested to ensure the product conformity to the requirements hereof.
4. Take the necessary measures to verify that the product conforms to any other requirements in accordance with the instructions of the competent authorities by virtue of the relevant legislations particularly the controls and requirements of the public health, safety and environment.
Article (5) Conformity Assessment
For the purposes of granting the conformity certificate to the product, the following requirements must be fulfilled:
1. Conducting the product conformity assessment by an assessment entity acceptable to ESMA in accordance with the relevant legislations.
2. Meeting the requirements of the Emirates Conformity Assessment Scheme (ECAS) in the conformity form (A) approved by ESMA.
3. Meeting the requirements of the technical standards as well as the terms, conditions and specifications referred to herein.
4. Providing the following documents by the manufacturer:
a. General description of the product
b. Detailed description of the product design including a list of components and material used in its manufacturing.
c. A list of the approved standards applied to the product to meet the requirements hereof.
d. The product inspection and testing reports which should be acceptable to ESMA.
e. Any document proving the product conformity to this Resolution such as the conformity permission, the substance permission, reports of inspection of substances or parts thereof or any other documents proving the product conformity to this Resolution in the conformity form (A). Such documents should indicate the ratios of hazardous substances used in the product without prejudice to the ratios set forth in Annex (2) attached hereto.
f. Any other relevant documents or information ESMA deems necessary.
Article (6) Monitoring and Surveying the Market
1. No product may be displayed or sold unless it meets the conditions hereof.
2. ESMA and the competent authorities, as appropriate, shall have the right to take samples from the product to verify its conformity to the requirements and conditions specified in this Resolution.
3. In case the product launched in the market does not meet the requirements hereof, ESMA or the competent authorities shall have the right to take the necessary measures. Such measures may include the withdrawal from market and cancellation of the conformity certificate issued to the supplier. The supplier shall be responsible for all the resulting costs.
4. The supplier of the product, from which the sample has been taken, shall be responsible for the unconformity of the product to the requirements hereof if the source of such product could not be identified and unless otherwise proved in the period set by ESMA or the competent authority.
Article (7) Penalties and Fines
In case any breach of the provisions and requirements hereof is committed, ESMA or the competent authority, as appropriate, shall take the necessary action for removal of the results of such breach including the following:
1. To oblige the person responsible for the breach to withdraw the product from the market to remedy the breach or adjust its position, re-export the product to the country of origin if the product is imported or damage the product if it is local according to the procedures and within the period set by ESMA for this purpose.
2. To follow up with the implementation of the procedures required for the withdrawal of the product or any other procedures as requested by ESMA subject to the provisions of the paragraph (1) of this Article. The party committing the breach shall be responsible for all the resulting charges and costs as determined by ESMA.
3. Without prejudice to any more severe penalty set forth in the applicable legislations, whoever violates the provisions hereof shall be subject to the penalties set forth in the Federal Law No. (28) of 2001 on the Establishment of Emirates Authority for Standardization and Metrology, referred to above.
Article (8) Grievance Procedures
1. The supplier may file a grievance against the decisions and acts issued by virtue of the items (1) and (2) of the Article (7) hereof subject to the compliance with the following conditions:
a. Submission of a written application to ESMA within not more than (14) business days from the date of being notified of the decision or the act from which he grieves.
b. Attachment of all the necessary documents explaining the grievance reasons.
2. A committee shall be formed in ESMA by a resolution from the Director General to settle the grievances filed under the provisions of the present Article. Such committee shall have in its membership specialized and qualified officers to study the grievance. The committee may seek the assistance of any other related person or neutral entity.
3. The committee shall take its decision regarding the submitted grievance within not more than (25) business days from the submission date. The decision taken in this regard shall be final, and the grievance shall be deemed refused if no action is taken during the period referred to above.
4. The Director General shall issue instructions specifying the number of the committee members, its work procedures, holding of its meetings, quorum required for the issuance of its decisions and all related matters.
Article (9) General Provisions
1. For the purposes of implementation hereof, the approved standards as set forth in Annex (6) attached hereto shall be deemed as obligatorily applicable standards in the State, and the Board may approve any other standard required for the implementation of the provisions hereof in accordance with the provisions of Federal Law No. (28) of 2001 referred to above.
2. ESMA shall receive and study all the product registration and conformity applications and shall issue the necessary decisions in this regard. It may appoint a Conformity Assessment Body to assess the product conformity according to the applicable legislations.
3. ESMA shall set the procedures required for the implementation of the provisions hereof and may authorize any delegate any of these powers to any authority provided that the authorization should be specific and such authority shall exercise the powers delegated thereto under ESMA supervision.
4. The competent authority in each emirate shall be in charge of implementing the provisions hereof. This shall include the inspection and testing to ensure the product conformity to the provisions hereof.
5. The attached annexes constitute an integral part hereof and shall be read in its context as one unit, and the Board may review and amend any of such annexes whenever required.
6. The provisions hereof shall not prevent the application of other laws and regulations of conformity and standards related to the product.
7. The provisions hereof shall not prevent the inspectors of the competent authorities from conducting other inspections of the product to ensure the product conformity to the conditions set forth in the other applicable resolutions and legislations.
8. All the entities subject to the provisions hereof should provide assistance and information required by the inspectors of the competent authorities to implement the provisions hereof.
9. If any case is not covered by the provisions hereof or if any dispute arises regarding their application, the case shall be referred to the Director General to take the action he deems appropriate regarding such case or dispute to achieve the public interest.
Article (10) Transitional Provisions
1. The products specified in annexes (7) and (8) attached hereto shall be subject to a transitional period according to the date set for each of them, and the applicable resolutions and laws shall remain in force till such date.
2. Notwithstanding the provision of item (1) of the present Article, the provisions hereof may apply to the products referred to in annexes (7) and (8) attached hereto if the provider so wishes provided that he should comply with the provisions hereof.
Article (11) Repeals
Any provisions in violation of or conflicting with the provisions hereof shall be repealed.
Article (12) Publication and Entry into Force
This Resolution shall be published in the Official Gazette and shall come into force from the day following the publishing date.
please click here
Translated in cooperation with