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Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage

Analysis of Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage (Cabinet Resolution, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage
  • Law Type: Cabinet Resolution
  • Law Number: [no number] of 2019
  • Issued Date: 06 Jan 2019
  • Effective Date: 16 Jan 2019
  • Official Gazette: No. 645
  • Sector: Industry and Technical Standardisation
  • Status: Active
  • Number of Articles: 19
  • Chapters/Parts: 0
  • Amendments: 0

Summary

This Cabinet Resolution approves the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage. The regulation sets technical standards and requirements for the import, sale, and use of low-voltage electrical appliances and equipment in the UAE. It establishes the responsibilities of the Emirates Authority for Standardization and Metrology (ESMA) and other competent authorities in enforcing the regulation, including through administrative sanctions for non-compliance. The regulation aims to ensure the safety and quality of electrical products in the UAE market, protecting both consumers and businesses. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 1-9)

What is the scope and purpose of this law?

The Cabinet Resolution approves the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, which sets technical standards and requirements for low-voltage electrical products in the UAE. The regulation applies to the import, sale, and use of such electrical appliances and equipment, as well as their accessories. Its purpose is to ensure the safety and quality of these products in the UAE market. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 1-2)

What are the key definitions under this law?

The Cabinet Resolution provides the following key definitions:

  • Regulation: The Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage and the accessories attached thereto, which are approved under the provisions of this resolution.
  • Authority: Emirates Authority for Standardization and Metrology (ESMA)
  • Board: The Board of Directors of ESMA
  • Director General: Director General of ESMA
  • Competent Authority: Any federal or local government agency that is competent to implement the provisions of this resolution according to the legislations governing its works.
  • Standard Specifications: A document specifying the qualities, descriptions, characteristics, safety, and security requirements of an item, material, or service.
  • Approved Standard Specifications: The standard adopted by ESMA, referred to as a standard specification of the United Arab Emirates (UAE.S).

(Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 1)

What are the main obligations and requirements?

The Cabinet Resolution imposes the following key obligations: 1. ESMA shall assume all the competences and responsibilities entrusted to the national competent authorities referred to in the Gulf Technical Regulation. ESMA may delegate the competent authority to control the products subject to the regulation's provisions, under ESMA's supervision. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 3) 2. The provisions of the Cabinet Resolution do not preclude the inspectors of the competent authority from conducting other checks to ascertain the conformity of the products with any mandatory conditions stipulated in other legislations. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 3) 3. The Board of ESMA may adopt any amendments it deems necessary in the annexes attached to the Gulf Technical Regulation, in accordance with the regulation's provisions. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 2)

Which authorities or bodies are responsible for enforcement?

The Cabinet Resolution establishes the following authorities and bodies responsible for enforcing the Gulf Technical Regulation: 1. The Emirates Authority for Standardization and Metrology (ESMA) shall assume all the competences and responsibilities entrusted to the national competent authorities referred to in the regulation. ESMA may delegate the competent authority to control the products subject to the regulation's provisions, under ESMA's supervision. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 3) 2. The Board of ESMA may issue the resolutions necessary to implement the provisions of the Cabinet Resolution. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 8)

What are the penalties for non-compliance?

The Cabinet Resolution does not specify any penalties for non-compliance with the Gulf Technical Regulation. The legislation states that without prejudice to any penalty or procedure stipulated in Federal Law No. (28) of 2001, concerning the setting up of ESMA, and other relevant legislations, ESMA or the competent authority may impose certain administrative sanctions in case of violations. However, the specific penalties are not detailed in this Cabinet Resolution. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 4)

How are disputes resolved under this law?

The Cabinet Resolution outlines the following grievance procedures: 1. Resolutions issued under the provisions of Article 4 (Violations and Penalties) may be complained, provided that the grievance is submitted to the Director General of ESMA within 14 working days from the date of notifying the violator of the resolution. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 5) 2. The Director General shall issue a decision regarding the grievance within 25 working days from the date of its submission. This decision shall be final. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 5) 3. In case of disapproval of giving the product a conformity certificate, the operator shall have the right of grievance or objection within 60 days from the date of notifying him of the disapproval. The decision issued regarding the grievance or objection shall be final. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 6)

What are the key deadlines and time limits?

The Cabinet Resolution includes the following key deadlines and time limits: 1. The Board of ESMA shall have the power to issue a resolution to determine the period of regularizing the status of the products that are subject to the provisions of this resolution, which shall be not less than one calendar year from the date of publication in the official gazette. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 7) 2. Grievances against resolutions issued under Article 4 (Violations and Penalties) must be submitted to the Director General within 14 working days from the date of notifying the violator of the resolution. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 5) 3. The Director General shall issue a decision regarding the grievance within 25 working days from the date of its submission. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 5) 4. In case of disapproval of giving the product a conformity certificate, the operator shall have the right of grievance or objection within 60 days from the date of notifying him of the disapproval. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 6)

When did this law come into effect?

The Cabinet Resolution came into effect on 16 January 2019, the day following the date of its publication in the Official Gazette No. 645. (Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage, 2019, Art. 9)

Source Documents

This article analyses Cabinet Resolution Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 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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