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UAE

Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments

Analysis of Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments (Cabinet Resolution, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments
  • Law Type: Cabinet Resolution
  • Law Number: No. (84) of 2023
  • Issued Date: 20 Jul 2023
  • Effective Date: 01 Aug 2023
  • Official Gazette: No. 756
  • Sector: Industry and Technical Standardisation
  • Status: Active
  • Number of Articles: 32
  • Chapters/Parts: 0
  • Amendments: 0

Summary

This Cabinet Resolution establishes the technical regulation for mandatory requirements applicable to non-automatic weighing instruments (NAWI) in the United Arab Emirates. The law aims to ensure the accuracy, reliability, and proper use of NAWI in various sectors, including trade, healthcare, and the environment. It sets out the responsibilities of government authorities, suppliers, and users, as well as the requirements for type approval, verification, installation, and use of NAWI. The law is significant for businesses and individuals in the UAE who rely on accurate weighing instruments for commercial, medical, or other purposes. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 1-15)

What is the scope and purpose of this law?

The provisions of this Resolution apply to non-automatic weighing instruments (NAWI) that are offered for sale, prepared for use, or in use in the UAE. This includes NAWI used in trading, health facilities (excluding laboratories), the environmental sector, and any other NAWI where the measurement results affect the health, safety, and rights of society members or the safety of the environment. The law excludes NAWI used for personal, military, educational, research, or industrial purposes, as well as samples intended solely for display, advertising, and publicity. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 2)

What are the key definitions under this law?

The law provides the following key definitions:

  • State: United Arab Emirates (UAE)
  • Ministry: Ministry of Industry and Advanced Technology
  • Competent Agency: Federal and local government authorities responsible for implementing the provisions of this Resolution
  • Authorised Agency: Any governmental or private agency authorised by the Ministry to carry out its tasks and powers
  • Non-Automatic Weighing Instrument (NAWI): A measuring instrument that requires human intervention during the weighing process to validate the measurement result
  • Verification of NAWI: Conducting a conformity assessment of NAWI, resulting in the affixation of a verification mark and/or the issuance of a verification certificate
  • Type Approval: A certificate issued based on a type assessment report, certifying that a type of NAWI complies with legal requirements
  • Supplier: The manufacturer, carrier, packer, assembler, processor, agent, storer, or commercial/legal representative responsible for importing the NAWI
  • User: The natural or legal person using the NAWI in the specified fields
  • Metrological Marks: Marks affixed to a legal measuring instrument to indicate compliance with relevant requirements
  • Verification Mark: A mark affixed to a legal measuring instrument certifying that verification has been carried out and the instrument meets legal requirements
  • Maximum Permissible Error: The maximum permissible error specified for a NAWI, which must not be exceeded
  • Inspection Batch: Quantity of measuring instruments (or parts thereof) subject to testing or inspection

(Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 1)

What are the main obligations and requirements?

The key obligations and requirements under this law include: 1. The Ministry and competent agencies are responsible for overseeing the implementation of the Resolution. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 3(1)) 2. Authorised agencies are responsible for performing tasks delegated by the Ministry to execute their duties and powers. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 3(2)) 3. Suppliers must ensure that NAWI comply with all requirements when importing or placing them on the market. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 3(3)) 4. Owners of NAWI used in commercial activities must ensure the instruments bear a valid verification mark, except for those exempted. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 3(4)) 5. NAWI must use the specified units of measurement, such as kilogram, gram, milligram, ton, and carat. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 4) 6. Masses used for NAWI verification must comply with the requirements set forth in the GSO OIML R111 standard. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 5)

What licensing, registration, or approval requirements exist?

The law does not specify any licensing, registration, or approval requirements for NAWI. However, it does require: 1. NAWI and their accessories to comply with the requirements set forth in the UAE standard specification "UAE.S/GSO OIML R76-1". Importers and manufacturers must submit a type conformity assessment certificate issued by an internationally recognised or Ministry-approved agency. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 7(1)) 2. If the supplier fails to submit the required type approval or conformity certificates for NAWI of Class III and IV, the Ministry has the right to take samples and conduct specific tests at the supplier's expense. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 7(2-3))

What rights and protections does this law provide?

The law does not explicitly mention any specific rights or protections granted to individuals, workers, businesses, or other parties. The focus of the legislation is on establishing technical requirements and responsibilities for the proper use and verification of NAWI.

Which authorities or bodies are responsible for enforcement?

The key authorities and bodies responsible for enforcement under this law are: 1. The Ministry of Industry and Advanced Technology, which is responsible for overseeing the implementation of the Resolution. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 3(1)) 2. Competent agencies, which are the federal and local government authorities responsible for implementing the provisions of this Resolution. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 3(1)) 3. Authorised agencies, which are any governmental or private agencies authorised by the Ministry to carry out its tasks and powers as stipulated in the Resolution. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 3(2))

What are the penalties for non-compliance?

The legislation does not specify any penalties for non-compliance with its provisions.

What fees, charges, or financial provisions are specified?

The legislation does not specify any fees, charges, or financial provisions.

What exemptions or exceptions apply?

The law provides the following exemptions: 1. Samples of NAWI intended solely for display, advertising, and publicity purposes, and not for any other purposes, are excluded from the scope of this Resolution. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 2(2)(a)) 2. NAWI intended for personal use, and for military, educational, research, or industrial purposes are excluded from the scope of this Resolution. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 2(2)(b))

How are disputes resolved under this law?

The legislation does not specify any dispute resolution mechanisms or procedures.

What are the key deadlines and time limits?

The legislation specifies the following key deadlines and time limits: 1. Periodic verification of NAWI must be conducted annually. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 8(2)(b)) 2. The effective date of this Cabinet Resolution is 01 August 2023. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 15)

How does this law interact with other UAE legislation?

The legislation does not mention any specific interactions or cross-references to other UAE laws.

When did this law come into effect?

This Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments came into effect on 01 August 2023. (Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments, 2023, Art. 15)

Source Documents

This article analyses Cabinet Resolution Concerning the Technical Regulation for Mandatory Requirements for Non-Automatic Weighing Instruments 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.

Written by Sushant Shukla

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