Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE Control System for Solar Products
- Law Type: Cabinet Resolution
- Law Number: No. (10) of 2020
- Issued Date: 02 Feb 2020
- Effective Date: 17 Feb 2020
- Official Gazette: No. 672
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 27
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the UAE's control system for solar products. It regulates the requirements for solar products to be introduced and sold in the UAE market, including conformity assessment, supplier obligations, and enforcement mechanisms. The law aims to ensure the safety, quality, and reliability of solar products used in the UAE, which is important for the country's renewable energy goals and consumer protection. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 1-13) The law applies to all solar energy products offered in the UAE, including free zones, with the exception of large solar farms. It imposes obligations on suppliers to obtain conformity certificates, ensure continuous product compliance, and cooperate with authorities. Competent authorities are responsible for verifying conformity before grid connection, conducting market surveillance, and enforcing penalties for non-compliance. The law also establishes a grievance procedure for suppliers. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 2-9)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the control system for solar products introduced and sold in the UAE, including in free zones. It applies to all solar energy products, equipment, storage batteries, and materials related to solar electricity generation, except for large solar farms. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 2) The purpose of the law is to ensure the safety, quality, and reliability of solar products used in the UAE. It aims to establish a comprehensive system for conformity assessment, market surveillance, and enforcement to protect consumers and support the country's renewable energy goals. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 1-13)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Authority: Emirates Authority for Standardization and Metrology
- Board: Authority's Board of Directors
- Director General: Director General of the Authority
- Competent Authority: Federal and local governmental authorities authorized to implement the law
- Product: Solar products including appliances, equipment, storage batteries, and materials related to solar electricity generation
- Emirates Conformity Assessment Scheme (ECAS): The scheme for checking product conformity to approved standards
- Standard: A document specifying features, descriptions, properties, quality, dimensions, specifications, safety, and security requirements
- Approved Standard: Standards adopted by the Authority, referred to as "Standard for United Arab Emirates" (UAE.S)
- Certificate of Conformity: Certificate issued by the Authority confirming product compliance with approved standards
- Emirates Quality Mark: The emblem granted by the Authority to indicate product conformity
- Conformity Assessment: Activities to verify product or service compliance with technical requirements
- Conformity Assessment Body: A body registered, approved, or accepted by the Authority to conduct conformity assessment
- Approval: Formal recognition by the Authority of a conformity assessment body's competence
- Supply Chain: All stages a product goes through from production to the consumer
- Supplier: The manufacturer, importer, carrier, collector, agent, or distributor responsible for the product
- Launch: Any procedure to sell, lease, trade, store, offer, market, promote, or introduce the product to consumers
- Solar Farms: Large projects to generate energy for cities and villages, not for individual or limited use
(Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations on suppliers: 1. Obtain a Certificate of Conformity for products subject to the law's provisions. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 3(1)) 2. Ensure continuous conformity of the product to the law's requirements throughout the supply chain and period of use. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 3(2)) 3. Cooperate with the Authority and competent authorities by providing all requested documents and information. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 3(3)) The competent authorities are required to: 1. Ensure the availability of a conformity certificate before connecting the product to the public power grid. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 4(1)) 2. Ensure the appropriateness of connecting the product to the grid in accordance with the law's provisions. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 4(2)) 3. Conduct market control to ensure products have a conformity certificate. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 4(3)) 4. Coordinate with the Authority to impose any other requirements or obligations on suppliers. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 4(4))
What licensing, registration, or approval requirements exist?
The law requires suppliers to obtain a Certificate of Conformity for their products before introducing them to the market. To obtain the certificate, the supplier must: 1. Fulfill the requirements of the Approved Standards specified in the law's appendix. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 5(1)(a)) 2. Submit documents and blueprints proving the product's conformity. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 5(1)(b)) 3. Register and obtain the Conformity Certificate from the Authority or an approved Conformity Assessment Body. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 5(1)(c)) 4. Test the product in a laboratory recognized by the Authority, with the test report not older than 3 years. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 5(1)(d)) The Conformity Certificate is valid for 1 year and must be renewed annually if the conditions are met. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 6(2))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for implementing and enforcing this law are: 1. The Emirates Authority for Standardization and Metrology (the Authority): Receives and considers supplier applications, grants Conformity Certificates, and takes measures to implement the law. The Authority may delegate some of its powers to competent authorities. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 10(2-3)) 2. Competent Authorities: Federal and local governmental authorities authorized to implement the law's provisions, including verifying conformity certificates before grid connection, conducting market surveillance, and enforcing penalties. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 4, 7) 3. The Director General of the Authority: Responsible for issuing decisions on grievances submitted by suppliers. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 9)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. It states that without prejudice to any penalty or procedure stipulated by other relevant legislation, the Authority or Competent Authority may impose one or more of the following administrative penalties in the event of a violation of Articles 3 or 5: 1. Coordinate with the licensing authority to cancel the supplier's commercial license. 2. Cancel the Conformity Certificate granted to the non-complying product. 3. Require the violator to pay the expenses and costs of removal and remediation of damages resulting from the violation. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 8(1)) If the responsible party for the product's non-conformity cannot be determined, the person whose violation was caught shall be responsible unless otherwise proven. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 8(2))
How are disputes resolved under this law?
The law establishes a grievance procedure for suppliers: 1. Suppliers may lodge a grievance against decisions issued under Article 8 (violations and penalties) or if a Conformity Certificate was not granted. 2. The grievance must be submitted to the Director General of the Authority within 14 working days of being informed of the decision, or within 60 days of being notified of the decision not to grant a Conformity Certificate. 3. The grievance must include all necessary supporting documents. 4. The Director General shall issue a decision on the grievance within 25 working days, and the decision shall be final. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Art. 9)
When did this law come into effect?
This Cabinet Resolution came into effect on 17 February 2020, as per the Effective Date stated in the legislation details. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020)
How does this law interact with other UAE legislation?
This Cabinet Resolution references the following UAE federal laws: - UAE Constitution - Federal Law No. (1) of 1972 on the Competencies of Ministries and Powers of the Ministers - Federal Law No. (1) of 1979 on the Regulation of Industrial Affairs - Federal Law No. (28) of 2001 on Establishing the ESMA - Federal Law No. (24) of 2006 on Consumer Protection - Federal Law No. (14) of 2016 on Administrative Violations and Penalties in the Federal Government - Federal Law No. (19) of 2016 on Combating Commercial Fraud - Cabinet Resolution No. (35) of 2015 on the UAE Control System for Conformity Assessment Authorities The law does not specify any provisions that repeal or amend other legislation. (Cabinet Resolution Regarding the UAE Control System for Solar Products, 2020, Preamble)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE Control System for Solar 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.