Legislation Details
- Full Title: Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System
- Law Type: Cabinet Resolution
- Law Number: No. (52) of 2020
- Issued Date: 21 Jul 2020
- Effective Date: 30 Jul 2020
- Official Gazette: No. 683
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 27
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the Emirates Sustainable Agriculture Label System, which aims to promote sustainable agricultural practices in the United Arab Emirates. The law sets out the conditions, procedures, and requirements for obtaining the Emirates Sustainable Agriculture Label, which is granted to farms, farm products, and related services that meet the specified sustainability standards. The resolution also outlines the responsibilities of the Emirates Authority for Standardization and Metrology in administering the label system, as well as the inspection and enforcement mechanisms. The law applies to farms, farm products, and economic activities related to the production and supply chain of sustainable agricultural goods within and outside the UAE. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 1-2)
The Emirates Sustainable Agriculture Label provides a formal certification system to recognize and incentivize sustainable agricultural practices in the UAE. This is significant for businesses and individuals involved in the agricultural sector, as it allows them to differentiate their products in the market and demonstrate their commitment to environmental protection, worker welfare, and responsible resource management. The law aims to support the UAE's broader sustainability agenda and contribute to the development of a more environmentally-friendly and socially-conscious agricultural industry. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 1-2)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to three main areas: (1) farms located within specific geographical boundaries or under unified administrative supervision, both inside and outside the UAE, that are designated as "Sustainable Farms"; (2) products from these sustainable farms, including plant crops, livestock, and aquatic life; and (3) economic activities related to the production, processing, delivery, wholesale, and retail trade of sustainable agricultural goods that have a significant impact on the surrounding environment and community. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 2)
What are the key definitions under this law?
- State: The United Arab Emirates.
- Authority: The Emirates Authority for Standardization and Metrology.
- Board: The Board of Directors of the Authority.
- Director General: The Director General of the Authority.
- Competent Authority: The federal or local authority concerned with the implementation of the provisions of this Resolution.
- UAE Conformity Assessment System (ECAS): The system issued by the Board, which is concerned with verifying the fulfillment of a product's requirements specified in the approved standard specifications.
- Mark: The drawing, label, symbol, stamp, inscription, or image indicating the Authority or what is issued thereby regarding specifications, metrology, quality, and conformity.
- Label: The Emirates Sustainable Agriculture Label, which is the Mark approved by the Authority and granted to a product to indicate that it conforms to the sustainable agriculture standards.
- Approved Standard Specifications: The standard specifications approved by the Authority, referred to as United Arab Emirates Standard Specifications (UAE.S).
- Sustainability Standards: Administrative, economic, social, and environmental requirements, particularly for farms, products, and supporting economic activities, approved by the Authority for the issuance of the conformity certificate and the Label.
- Conformity Certificate: The certificate that confirms the product's conformity with the requirements of the provisions of this Resolution.
- Approved Conformity Assessment Body: The body appointed in accordance with Cabinet Resolution No. (35) of 2015 to provide services in the fields specified by the Authority.
- Conformity Assessment: The activity that is used directly or indirectly to verify the fulfillment of the mandatory requirements related to the Label, such as inspection, testing, and granting Conformity Certificates for products.
- Operator: The legal person whose activity has an impact on the performance of the establishment, or any legal representative responsible for managing, running, and operating the establishment subject to the provisions of this Resolution.
- Supplier: The manufacturer, importer, transporter, collector, agent, warehouse keeper, or any main or sub-distributor whose activity has an impact on the characteristics of the product, or any legal representative responsible for importing, installing, and operating the product subject to the provisions of this Resolution.
- Supply Chain: All operations through which the product passes until it reaches the consumer, including the import, supply, storage, transport, and wholesale or retail sale of the product, and any other related process for the product's delivery to the consumer.
- Product: Farms, farm products, and related services.
- Sustainable Product: Farms, farm products, and related services that meet the requirements and standards set out in Schedule No. (1) attached to this Resolution.
- Sustainable Agriculture: Food and agricultural production through the application of sustainable development in the management of natural resources for agriculture, forestry, and fisheries, in a manner that protects and directs natural wealth to ensure the achievement and continuity of meeting the human needs for present and future generations.
- Establishment: An establishment dedicated to the cultivation and production of plant crops, livestock, and aquatic life, within specific geographical boundaries of a farm or part thereof, or a group of farms under unified administrative supervision.
- Sustainable Components: A multi-component product, sustainable and non-sustainable, with different percentages.
- Farms: An area of land and its buildings, used for the production of plant crops and the breeding of livestock and aquatic life.
- Sustainable Agricultural System Plan: The approved agricultural plan for the establishment, which includes all stages of cultivation and the documents necessary to prove compliance with the standards and conditions of sustainable agriculture.
(Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this Cabinet Resolution are:
- The Establishment must comply with the Sustainable Agricultural System Plan, which includes requirements related to effective planning and management systems, environmental management systems, and improving livelihoods and worker welfare. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 3(1))
- The Sustainable Livestock Production Plan must meet standards for sustainable livestock production and sustainable production for hydroponic, organic, integrated, closed, and innovative agricultural systems. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 3(2))
- The Operator and Supplier must comply with additional requirements to obtain the Conformity Certificate and the Emirates Sustainable Agriculture Label, including registration in the UAE Conformity Assessment System (ECAS), submitting an application with required documents, and complying with the mandatory Sustainability Standards. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 4(1))
- If the product is multi-component, it must contain no less than 95% of sustainable contents to be eligible for the Label. Exceptions are allowed for products with less than 95% sustainable components, subject to the controls specified by the Authority. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 4(2-3))
What licensing, registration, or approval requirements exist?
The key licensing, registration, and approval requirements under this law are:
- The Operator and Supplier must register their systems and products in the UAE Conformity Assessment System (ECAS) to obtain the Conformity Certificate and the Emirates Sustainable Agriculture Label. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 4(1)(a))
- The Operator and Supplier must submit an application to the Emirates Authority for Standardization and Metrology, accompanied by all the required documents, to obtain the Conformity Certificate and the Label. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 4(1)(b))
- The Authority may delegate the issuance of Conformity Certificates and the Label to Approved Conformity Assessment Bodies in accordance with the controls and provisions set out in Cabinet Resolution No. (35) of 2015. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 6)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this Cabinet Resolution are:
- The Emirates Authority for Standardization and Metrology (the Authority) is responsible for administering the Emirates Sustainable Agriculture Label System, including setting the standards, conditions, and controls for the use of the Label, and determining the Approved Conformity Assessment Bodies. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 5(1), Art. 6)
- The Authority and the Competent Authorities (federal or local authorities concerned with the implementation of this Resolution) may conduct periodic visits and inspections of the Operator or Supplier to verify compliance. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 7(1))
- The Authority and the Competent Authorities may take necessary measures, including the withdrawal of the Conformity Certificate and the Label, in case of non-compliance with the provisions of this Resolution. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 7(2))
What are the penalties for non-compliance?
The Cabinet Resolution does not specify any penalties for non-compliance with its provisions. The legislation does not mention any fines, imprisonment terms, or other penalties.
What fees, charges, or financial provisions are specified?
The Cabinet Resolution does not specify any fees, charges, or financial provisions related to the Emirates Sustainable Agriculture Label System.
What exemptions or exceptions apply?
The Cabinet Resolution does not provide any explicit exemptions or exceptions from its scope of application. However, it does allow for the use of the Label on multi-component products that contain less than 95% sustainable components, subject to the controls specified by the Authority. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 4(3))
How are disputes resolved under this law?
The Cabinet Resolution includes a provision for grievance procedures, stating that the Operator or Supplier may submit a grievance to the Authority against any decision or measure taken by the Authority or the Competent Authorities. However, the legislation does not provide any further details on the specific dispute resolution mechanisms. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Art. 9)
What are the key deadlines and time limits?
The Cabinet Resolution does not specify any deadlines or time limits for the implementation of its provisions or the compliance of Operators and Suppliers.
How does this law interact with other UAE legislation?
The Cabinet Resolution references several federal laws that are relevant to its subject matter, including:
- Federal Law No. (1) of 1972 Regarding the Competences of Ministries and Powers of Ministers
- Federal Law No. (8) of 1980 Regarding the Regulation of Labor Relations
- Federal Law No. (24) of 1999 Regarding the Protection and Development of the Environment
- Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology
- Federal Law No. (24) of 2006 Regarding Consumer Protection
- Federal Law No. (5) of 2009 Regarding Organic Inputs and Products
- Federal Law No. (9) of 2013 Regarding Plant Genetic Resources for Food and Agriculture
- Federal Law No. (10) of 2015 Regarding Food Safety
- Federal Law No. (14) of 2016 Regarding Administrative Violations and Penalties in the Federal Government
- Federal Law No. (19) of 2016 Regarding Combating Commercial Fraud
- Cabinet Resolution No. (31) of 2006 Regarding the National Measurement System
- Cabinet Resolution No. (35) of 2015 Regarding the UAE Regulation for the Control of Conformity Assessment Bodies
(Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Preamble)
When did this law come into effect?
The Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System was issued on 21 July 2020 and came into effect on 30 July 2020, as published in the Official Gazette No. 683. (Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System, 2020, Issued Date, Effective Date)
Source Documents
This article analyses Cabinet Resolution Regarding Emirates Sustainable Agriculture Label System 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.