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UAE

Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products

Analysis of Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products (Cabinet Resolution, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products
  • Law Type: Cabinet Resolution
  • Law Number: No. (21) of 2015
  • Issued Date: 25 Jun 2015
  • Effective Date: 29 Jun 2015
  • Official Gazette: No. 582
  • Sector: Industry and Technical Standardisation
  • Status: Active
  • Number of Articles: 24
  • Chapters/Parts: 0
  • Amendments: 0

Summary

This Cabinet Resolution regulates the control scheme for oil derivatives products in the UAE. It sets out the obligations and requirements for suppliers of oil derivatives, including compliance with approved standards, testing, and conformity assessment procedures. The Resolution aims to ensure the quality, safety, and proper handling of oil derivatives products throughout the supply chain, from manufacturing to consumer sale. It is an important piece of legislation for businesses involved in the oil and gas industry in the UAE, as well as consumers who rely on these essential products. (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 1-12)

What is the scope and purpose of this law?

The provisions of this Resolution apply to all oil derivatives imported, manufactured, offered, stored, or carried inside the UAE, with the exception of oil derivatives prepared for re-export or export outside the UAE (other than lubricants). The purpose is to regulate the control scheme for oil derivatives products in the UAE, including setting out the obligations and requirements for suppliers throughout the supply chain. (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 2)

What are the key definitions under this law?

The Resolution provides the following key definitions:

  • State: United Arab Emirates
  • Authority: Emirates Authority for Standardization and Metrology
  • Board: Board of Directors of the Authority
  • General Director: General Director of the Authority
  • Competent Entity: Any federal or local governmental entity competent with the application of the provisions of this Resolution
  • Standard: Document specifying the qualities of a commodity, material or service or everything measurable or its descriptions, specifications, level of quality, dimensions, measurements or the requirements of its safety and security
  • Approved Standard: Standard approved by the Authority, referred to as UAE Standard or "UAE.S"
  • Certificate of Conformity: Certificate issued by the Authority confirming a product's compliance with Approved Standards
  • Emirates Quality Mark: Logo adopted by the Authority indicating a product's conformity with Approved Standards
  • Oil Derivatives (Products): Substances obtained by refining or treatment of crude oil, including gasoline, kerosene, diesel oil, fuel oil, jet plane fuel, base oils and lubricants
  • Supplier: Manufacturer, carrier, filler, compiler, processor, agent or warehouseman of oil derivatives and lubricants
  • Consumer: Person that may obtain a commodity or service with or without consideration
  • Supply Chain: All processes of a product upon its manufacturing until it reaches the Consumer
  • Offer: Process aiming to sell, display, trade or provide the product to the Consumer

(Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 1)

What are the main obligations and requirements?

The Resolution imposes the following key obligations on suppliers of oil derivatives products: 1. Oil derivatives must meet the requirements of the Approved Standards specified in the appendix. Suppliers must take samples and conduct tests in accordance with these standards. (Art. 3(a)) 2. Suppliers must comply with requirements for storage in mobile containers and tanks, as set out in the Approved Standards UAE.S/ GSO 63 and UAE.S/ GSO OIML R 80-1. (Art. 3(b)) 3. Suppliers must comply with requirements for the carriage of oil derivatives on roads, as set out in the Approved Standards UAE.S/ GSO 974 and UAE.S/ GSO OIML R 80-1. (Art. 3(c)) 4. Suppliers must meet technical and metrological requirements, such as using the international system of units, maximum tolerable deficiency limits, and approved meter standards. (Art. 3(d)) 5. Explanatory statements for oil derivatives products must comply with the Approved Standard UAE.S/ GSO 1810 and other requirements. (Art. 4) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 3-4)

What licensing, registration, or approval requirements exist?

The Resolution does not specify any licensing, registration, or approval requirements for suppliers of oil derivatives products. However, it does state that suppliers must provide documents confirming the approval of the Competent Entity permitting them to trade, carry and store oil derivatives, in accordance with the conditions and requirements provided in the Resolution. (Art. 5(b)(3)) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 5)

What rights and protections does this law provide?

The Resolution does not explicitly outline any specific rights or protections granted to individuals, workers, businesses, or other parties. The focus of the legislation is on regulating the obligations and requirements for suppliers of oil derivatives products. (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015)

Which authorities or bodies are responsible for enforcement?

The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Emirates Authority for Standardization and Metrology (the Authority): Responsible for receiving and studying applications for registration and granting certificates of conformity or product conformity logos, and may delegate this responsibility to Competent Entities. (Art. 5(d)) 2. The Competent Entity in each Emirate: Responsible for ensuring suppliers' compliance with the provisions of the Resolution, including through control, inspection, examination and testing processes. (Art. 6(a)) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 5-6)

What are the penalties for non-compliance?

The Resolution does not specify any penalties for non-compliance. It states that "Subject to any severer penalty in the applicable legislations, any person that who violates the provisions of this Resolution shall be punished by the penalties as provided by the Federal Law No. 28 of 2001 on establishing Emirates Authority for Standardization and Metrology, or any other legislation in lieu thereof." (Art. 8(c)) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 8)

What fees, charges, or financial provisions are specified?

The Resolution does not specify any fees, charges, or financial provisions related to the control scheme for oil derivatives products. (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015)

What exemptions or exceptions apply?

The Resolution exempts the following from its provisions: 1. Oil derivatives prepared for re-export. 2. Oil derivatives prepared for export outside the UAE, other than lubricants. (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 2(b))

How are disputes resolved under this law?

The Resolution does not specify any dispute resolution mechanisms. It states that "If any event aroused that cannot be handled in accordance with the provisions of this Resolution or a dispute concerning the application of these provisions arises, it shall be referred to the Director General to issue the appropriate resolution in respect of such event or dispute, as may achieve the public interest." (Art. 9(e)) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 9)

What are the key deadlines and time limits?

The Resolution includes the following key deadlines and time limits: 1. Suppliers must accommodate their position in accordance with the provisions of the Resolution within no later than 180 days from the enforcement date. (Art. 10(a)) 2. Products not satisfying the requirements of the Resolution may be traded for no later than one year from the effective date of the Resolution. (Art. 10(b)) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 10)

How does this law interact with other UAE legislation?

The Resolution states that its provisions shall not prevent suppliers from complying with the legislations regulating environment, security and safety, and all other applicable legislations in connection with trading in, carrying and storing oil derivatives. (Art. 9(d)) It also revokes any provision in any other resolution to the extent of conflict with the provisions of this Resolution. (Art. 11) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 9-11)

When did this law come into effect?

This Cabinet Resolution came into effect on 29 June 2015, the day following the date of its publication in the Official Gazette. (Art. 12) (Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products, 2015, Art. 12)

Source Documents

This article analyses Cabinet Resolution Concerning the UAE Control Scheme for Oil Derivatives Products 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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