Legislation Details
- Full Title: Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology
- Law Type: Cabinet Resolution
- Law Number: No. (13) of 2021
- Issued Date: 24 Jan 2021
- Effective Date: 16 Feb 2021
- Official Gazette: No. 696
- Sector: Finance and Banking
- Status: Active
- Number of Articles: 19
- Chapters/Parts: 0
- Amendments: 2
Summary
This Cabinet Resolution regulates the fees for services provided by the UAE Ministry of Industry and Advanced Technology. It establishes the fees for various services such as type approval, conformity assessment, verification, and other industrial and metrology-related activities. The resolution also outlines administrative penalties for violations related to industrial projects and conformity assessment. This legislation is important for businesses and individuals in the UAE who require the Ministry's services, as it provides clarity on the applicable fees and consequences for non-compliance. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 1-9)
What is the scope and purpose of this law?
The purpose of this Cabinet Resolution is to regulate the fees for services provided by the UAE Ministry of Industry and Advanced Technology. It applies to all individuals and entities that require the Ministry's services, including industrial establishments, conformity assessment agencies, and importers/manufacturers. The resolution covers a wide range of services such as type approval, conformity assessment, verification, and the use of the Emirates Quality Mark. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 1-2)
What are the key definitions under this law?
The resolution provides the following key definitions:
- State: United Arab Emirates (UAE)
- Ministry: Ministry of Industry and Advanced Technology
- Minister: Minister of Industry and Advanced Technology
- Competent Authorities: Ministries, federal agencies, local departments, or the private sector authorized by the Ministry to provide the services stipulated in this resolution
- Metrology: Metrology and its applications
- Type Approval: A declaration issued by the Ministry stating that a measuring instrument meets its mandatory requirements
- Conformity to the Type Approval: Examination and assessment of measuring instruments to determine compliance with mandatory requirements
- Verification: Examining a measuring instrument, affixing metrological marks, and/or issuing a verification certificate
- Approved Standard Specifications: Standards approved by the Ministry, referred to as UAE Standard Specifications (UAE.S)
- Technical Regulations: Cabinet resolutions specifying mandatory technical requirements
- Emirate Conformity Assessment Scheme (ECAS): A scheme issued by the Ministry to verify compliance with approved standard specifications
- Conformity Certificate: Certificate issued by the Ministry confirming product conformity
- Emirates Quality Mark (EQM): A mark granted by the Ministry to indicate product conformity
(Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this resolution include: 1. Paying the fees for services provided by the Ministry, as specified in the attached tables. This includes fees for type approval, conformity assessment, verification, and other industrial and metrology-related services. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 2) 2. Bearing the costs and expenses incurred by the Ministry for follow-up operations related to registration, accreditation, or appointment of conformity assessment agencies. This includes travel, transportation, and accommodation expenses of assessors. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 6) 3. Paying an additional fee of AED 2,500 per working day for each external assessor (technical expert) assisting the Ministry. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 6)
What licensing, registration, or approval requirements exist?
The resolution does not specify any licensing, registration, or approval requirements. It focuses on regulating the fees for services provided by the Ministry and does not cover the processes to obtain such services.
What rights and protections does this law provide?
The resolution does not explicitly provide any rights or protections. It is focused on establishing the fee structure for the Ministry's services and the administrative penalties for non-compliance.
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this resolution are: 1. The Ministry of Industry and Advanced Technology, which is responsible for providing the services, collecting the fees, and imposing the administrative penalties. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 1-6) 2. The Competent Authorities, which include ministries, federal agencies, local departments, and the private sector authorized by the Ministry to provide the services stipulated in this resolution. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 1)
What are the penalties for non-compliance?
The resolution outlines the following administrative penalties for non-compliance: 1. Delay in renewing the initial approval for an industrial project: AED 100 per month of delay, up to a maximum of AED 1,000. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3) 2. Delay in renewing an industrial license: AED 100 per month of delay, up to a maximum of AED 1,000. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3) 3. Violations related to conformity assessment agencies, such as delays in renewal, failure to submit applications, and non-compliance with technical requirements: AED 100 to AED 10,000 per violation. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3) The value of the administrative fine is doubled for repeat violations within one year, up to a maximum of AED 30,000. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3)
What fees, charges, or financial provisions are specified?
The resolution specifies the following fees and financial provisions: 1. Fees for various services provided by the Ministry, as detailed in the attached tables. This includes fees for type approval, conformity assessment, verification, and other industrial and metrology-related services. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 2) 2. An additional fee of AED 2,500 per working day for each external assessor (technical expert) assisting the Ministry. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 6) 3. A 50% reduction in the fees stipulated for the use of the Emirates Quality Mark (EQM) for national industrial facilities that have received support from the Khalifa Fund for Enterprise Development or the Mohammed bin Rashid Establishment for SME Development. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 6)
What exemptions or exceptions apply?
The resolution does not specify any exemptions or exceptions. It applies to all individuals and entities that require the Ministry's services.
How are disputes resolved under this law?
The resolution provides the following dispute resolution mechanism: Any interested party may file a written complaint with the Ministry against any administrative fine imposed under Article 3 of this resolution, within 15 days from the date of notice of the resolution being appealed. The appeal must be reasoned and accompanied by supporting documents. The Ministry will decide on the appeal within 30 days from the date of submission, in accordance with its procedures. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 4)
What are the key deadlines and time limits?
The resolution specifies the following key deadlines and time limits: 1. Delay in renewing the initial approval for an industrial project: 30 days from the expiry date. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3) 2. Delay in renewing an industrial license: 3 days from the expiry date. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3) 3. Delay in renewing the registration of a conformity assessment agency: 15 days from the expiry date. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3) 4. Delay in paying accreditation fees: 45 days from the date of the financial claim. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 3) 5. Time to decide on an appeal: 30 days from the date of submission. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Art. 4)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued under the authority of the following UAE laws and regulations: - Federal Law No. (1) of 1972, On the Competences of Ministries and Capacities of Ministers, as amended - Federal Law No. (1) of 1979, On the Regulation of Industry Affairs - Federal Law No. (14) of 2016, On the Administrative Violations and Penalties in the Federal Government - Federal Decree-Law No. (26) of 2019, On Public Finance - Federal Decree-Law No. (20) of 2020, On Standards and Metrology - Previous Cabinet Resolutions related to fees for metrological services, conformity assessment, and quality marks (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on 16 February 2021, as per the Effective Date specified in the legislation details. (Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology, 2021, Effective Date)
Source Documents
This article analyses Cabinet Resolution Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 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.