Legislation Details
- Full Title: Cabinet Resolution on the UAE System for Control of Childcare Requirements
- Law Type: Cabinet Resolution
- Law Number: No. (34) of 2019
- Issued Date: 14 May 2019
- Effective Date: 31 May 2019
- Official Gazette: No. 654
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 30
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the UAE System for Control of Childcare Requirements. It regulates the technical requirements, conformity assessment, and market control for childcare products in the UAE. The Resolution aims to ensure the safety and quality of childcare items sold in the UAE market, protecting consumers and aligning with national standards. It is important for businesses manufacturing, importing, or selling childcare products in the UAE, as it sets out mandatory compliance and enforcement measures. (Cabinet Resolution on the UAE System for Control of Childcare Requirements, 2019, Art. 1-2)
What is the scope and purpose of this law?
The Resolution applies to all "childcare requirements" products, defined as any non-food items intended to facilitate the dormitory, relaxation, cleanliness or feeding of children, as specified in the two appendices attached. It requires these products to conform to approved UAE standard specifications before being launched in the UAE market or prepared for export. The purpose is to ensure the technical requirements, conformity assessment, and market control of these childcare products. (Cabinet Resolution on the UAE System for Control of Childcare Requirements, 2019, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates
- Authority: Emirates Specifications and Standards Authority
- Competent Body: Federal or local body responsible for enforcing the Resolution
- Standard Specification: A document identifying the attributes, descriptions, features, quality, sizes, safety, and security requirements of a product
- Approved Standard Specifications: Specifications approved by the Authority, referred to as UAE.S
- Conformity Certificate: Certificate issued by the Authority ensuring a product's conformity to approved standards
- Conformity Assessment Body: Body registered/approved to conduct conformity assessment procedures
- Supplier: Manufacturer, importer, distributor, or other party responsible for a product
- Product: Any childcare requirement item specified in the appendices
- Childcare Requirements: Non-food items facilitating dormitory, relaxation, cleanliness or feeding of children
(Cabinet Resolution on the UAE System for Control of Childcare Requirements, 2019, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations on suppliers of childcare requirement products: 1. Operate through a registered and licensed company or institution. (Art. 3(1)) 2. Obtain a conformity certificate for the product before launching it in the UAE market, in accordance with the Emirates Conformity Assessment System (ECAS) and Conformity Assessment Scheme (B). (Art. 3(2)) 3. Ensure the product fulfils the technical requirements in the approved standard specifications. (Art. 3(3)) 4. Cooperate with the Authority and competent bodies, providing required documents. (Art. 3(4)) 5. Verify the product's conformity to the Resolution's requirements. (Art. 3(5-8))
What licensing, registration, or approval requirements exist?
The Resolution requires suppliers to operate through a registered and licensed company or institution before launching childcare requirement products in the UAE market. (Cabinet Resolution on the UAE System for Control of Childcare Requirements, 2019, Art. 3(1))
What rights and protections does this law provide?
The Resolution does not explicitly specify any rights or protections granted to individuals or businesses. It is focused on establishing technical requirements and conformity assessment procedures for childcare products.
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcing this Resolution are: 1. The Emirates Specifications and Standards Authority (the Authority): Responsible for receiving and studying product registration applications, granting conformity certificates, and potentially authorizing competent bodies or appointing conformity assessment bodies. (Art. 9(2)) 2. Competent Bodies: Federal or local bodies tasked with verifying product conformity, withdrawing/recalling non-compliant products, and imposing sanctions. (Art. 7, 9(3))
What are the penalties for non-compliance?
The Resolution does not specify any direct penalties for non-compliance. However, it states that without prejudice to any punishment or procedure in other relevant legislation, the Authority or competent body may impose the following administrative sanctions for violations of Articles 3, 4, 5, and 8: a. Coordinate with the licensing authority to cancel the supplier's commercial license. (Art. 11(1)(a)) b. Oblige the violator to pay the costs of eliminating or correcting damages from the violation. (Art. 11(1)(b))
What fees, charges, or financial provisions are specified?
The Resolution does not specify any fees, charges, or other financial provisions.
What exemptions or exceptions apply?
The Resolution does not provide any explicit exemptions or exceptions to its scope or requirements.
How are disputes resolved under this law?
The Resolution allows for appeals against resolutions issued under Article 11 (violations and sanctions). Appeals must be submitted to the Director General within 14 working days of notification, with supporting documents. The Director General will then issue a resolution on the appeal. (Art. 12)
What are the key deadlines and time limits?
The Resolution provides the following key deadlines and time limits: 1. Suppliers who launched products prior to the Resolution's publication have 1 calendar year to regularize their products. (Art. 10) 2. Appeals against resolutions under Article 11 must be submitted within 14 working days of notification. (Art. 12(1)(a))
How does this law interact with other UAE legislation?
The Resolution references the following related UAE federal laws and regulations: - Federal Law No. (1) of 1972 on the Functions of Ministries and the Powers of Ministers - Federal Law No. (28) of 2001 on Setting up of Emirates Specifications and Standards Authority - Federal Law No. (24) of 2006 on Consumer Protection - Federal Law No. (37) of 1992 on Trademarks - Federal Law No. (14) of 2016 on Breaches and Administrative Sanctions in the Federal Government - Federal Law No. (19) of 2016 on Combating Commercial Fraud - Cabinet Resolution No. (35) of 2015 on the UAE system for Control of Conformity Assessment Bodies - Cabinet Resolution No. (21) of 2018 on Regulating the Marketing of Infants and Toddlers Nutrition Products (Cabinet Resolution on the UAE System for Control of Childcare Requirements, 2019, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on 31 May 2019, the date of its publication in the Official Gazette No. 654. (Cabinet Resolution on the UAE System for Control of Childcare Requirements, 2019, Issued Date and Effective Date)
Source Documents
This article analyses Cabinet Resolution on the UAE System for Control of Childcare Requirements 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.