Legislation Details
- Full Title: Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use
- Law Type: Cabinet Resolution
- Law Number: No. (118) of 2023
- Issued Date: 27 Nov 2023
- Effective Date: 14 Jan 2024
- Official Gazette: No. 765
- Sector: Economy and Business
- Status: Active
- Number of Articles: 23
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the controls and policy for pricing industrial waste exports in the United Arab Emirates. The law aims to strengthen the circular economy by incentivizing the use of waste as production inputs, thereby enhancing the competitiveness of UAE industries and the overall economy. It imposes export fees on specific categories of industrial waste and outlines obligations for exporting establishments, as well as cooperation mechanisms between government entities to enforce the policy. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 1-3) The law is significant for businesses in the UAE, as it will impact the costs and procedures for exporting industrial waste. It also supports the UAE's sustainability goals by promoting the reuse of waste materials within the manufacturing sector, rather than exporting them. This policy shift is expected to boost the circular economy and drive innovation in waste-to-value industries. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 1-3)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is limited to the industrial waste categories specified in the table annexed to the law. It applies to all exporting facilities, including those located and licensed in the UAE's free zones. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 3) The purpose of the law is twofold: (1) to strengthen the circular economy in the UAE by incentivizing the use of waste as production inputs in manufacturing processes, and (2) to enhance the manufacturing capacities of industries that use waste as inputs, thereby improving the competitiveness of industrial products and the overall economy. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates (UAE)
- Minister: Minister of Economy
- Ministry: Ministry of Economy
- Committee: Committee for the valuation of industrial waste
- ICP: Federal Authority for Identity, Citizenship, Customs & Port Security
- Customs Administration: The competent customs administration in each Emirate
- Exporting Establishment: The legal person that exports industrial waste according to the licence issued thereto
- Relevant Authorities: The governmental entities that are members of the Committee
- Competent Authority: The local authority that is concerned with environmental affairs in each Emirate of the UAE
- Industrial Waste: The categories stipulated in the table annexed to this Resolution
(Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law are: 1. The exporting establishment must pay the export fees for the industrial waste categories specified in the annexed table, as per the value determined by the Cabinet. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 4-5) 2. The exporting establishment must not mix more than one category of industrial waste in the same container or shipment. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 5) 3. The exporting establishment must keep a register with details on the types, quantities, and destinations of the industrial waste it exports. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 5) 4. The exporting establishment must obtain the necessary environmental permits and licenses, and comply with procedures related to the export of hazardous waste. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 5)
What are the procedures for paying export fees?
The law outlines the following procedures for paying the export fees on industrial waste: 1. The exporting establishment must use the digital service designated by the Ministry to pay the export fees and attach the required documents (commercial license, invoice, and waybill). (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 6) 2. The Ministry will verify the documents and issue a receipt for the paid export fees. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 6) 3. At customs clearance, the exporting establishment must provide proof of the paid export fees to the Customs Department. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 6) 4. The Customs Department may inspect the shipment to verify the weight and ensure no mixing of waste categories. If the paid fees are less than the final weight, the exporting establishment must pay the difference. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 6)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcing this law are: 1. The Ministry of Economy, which is responsible for overall implementation and issuing necessary executive resolutions. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 8-9) 2. The Committee for the Valuation of Industrial Waste, which provides recommendations to the Minister on matters such as harmonized customs codes and the list of industrial waste categories. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 8) 3. The Customs Department, which verifies the payment of export fees and inspects shipments to ensure compliance. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 6-7) 4. The Competent Authority in each Emirate, which is responsible for environmental affairs. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 5)
How does this law interact with other UAE legislation?
The Cabinet Resolution references the following related UAE legislation: - The Constitution of the United Arab Emirates - Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Capacities of Ministers, and its amendments (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Preamble) The law also states that any provision that violates or contradicts its provisions shall be repealed. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 10)
When did this law come into effect?
This Cabinet Resolution was issued on 27 November 2023 and will come into effect 30 days after its publication in the Official Gazette, which was on 15 December 2023. Therefore, the law will be effective from 14 January 2024. (Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use, 2023, Art. 11)
Source Documents
This article analyses Cabinet Resolution Concerning the Controls of the Policy of Pricing Waste for Industrial Use for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.