Legislation Details
- Full Title: Cabinet Resolution No. (119) of 2023 Concerning the Administrative Violations and Penalties Imposed on Violators of Provisions of Cabinet Resolution Concerning the Controls of the Policy of P
- Law Type: Cabinet Resolution
- Law Number: 119 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: 14
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the administrative violations and penalties for violations of the provisions of Cabinet Resolution No. (118) of 2023 Concerning the Controls of the Policy of Pricing Waste for Industrial Use. It applies to establishments exporting industrial waste, including those located in free zones. The Resolution empowers the Ministry of Economy and local competent authorities to impose various administrative penalties such as warnings, fines, temporary closures, and license cancellations for non-compliance. It also outlines the process for appealing against such decisions. (Cabinet Resolution No. (119) of 2023, Art. 1-7)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the administrative violations and penalties for establishments exporting industrial waste, as stipulated in the Table annexed to Cabinet Resolution No. (118) of 2023 Concerning the Controls of the Policy of Pricing Waste for Industrial Use. This includes establishments located and licensed in the free zones of the UAE. The purpose is to enforce compliance with the provisions of the previous Cabinet Resolution on the controls for pricing industrial waste. (Cabinet Resolution No. (119) of 2023, Art. 2)
What are the key definitions under this law?
The key definitions under this law are:
- State: United Arab Emirates (UAE)
- Minister: Minister of Economy
- Ministry: Ministry of Economy
- Exporting Establishment: The legal person that exports industrial waste according to the licence issued thereto
- Committee: Committee for the valuation of industrial waste
- Competent Authority: The local authority that is concerned with environmental affairs in each Emirate of the UAE
(Cabinet Resolution No. (119) of 2023, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law are: 1. Exporting establishments must comply with the provisions of Cabinet Resolution No. (118) of 2023 Concerning the Controls of the Policy of Pricing Waste for Industrial Use. (Cabinet Resolution No. (119) of 2023, Art. 2) 2. The Ministry of Economy or the competent local authority may impose administrative penalties on exporting establishments for violations of the provisions of Cabinet Resolution No. (118) of 2023. (Cabinet Resolution No. (119) of 2023, Art. 3)
What are the penalties for non-compliance?
The administrative penalties that may be imposed on exporting establishments for violations include: a. Warning b. Administrative fine, with the penalty doubled in case of repetition c. Temporary administrative closure for 24 hours to 90 days d. Suspension of the activity in whole or in part for 24 hours to 90 days e. Cancellation of the licence and striking off from the commercial register (Cabinet Resolution No. (119) of 2023, Art. 3)
What fees, charges, or financial provisions are specified?
The law does not specify any fees or charges to be paid by exporting establishments. However, it states that the administrative fines imposed under this Resolution shall be collected by the Ministry of Economy or the competent local authority and transferred to the unified treasury account of the federal or local government, respectively. (Cabinet Resolution No. (119) of 2023, Art. 5)
How are disputes resolved under this law?
The exporting establishment may submit a written grievance to the Minister of Economy or the Head of the Competent Authority, as applicable, within 15 working days of being notified of the decision or procedure they are appealing against. The grievance must be accompanied by supporting documents. The grievance shall be decided on within 30 days, and the decision issued shall be final. If no reply is provided within the 30-day period, the grievance shall be deemed rejected. (Cabinet Resolution No. (119) of 2023, Art. 6)
When did this law come into effect?
This Cabinet Resolution shall be published in the Official Gazette and shall be enforced after 30 days from the date of its publication. (Cabinet Resolution No. (119) of 2023, Art. 7)
Source Documents
This article analyses Cabinet Resolution No. (119) of 2023 Concerning the Administrative Violations and Penalties Imposed on Violators of Provisions of Cabinet Resolution Concerning the Controls of the Policy of P 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.