Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies
- Law Type: Cabinet Resolution
- Law Number: No. (35) of 2015
- Issued Date: 12 Nov 2015
- Effective Date: 28 Feb 2016
- Official Gazette: No. 589
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 65
- Chapters/Parts: 5
- Amendments: 0
Summary
This Cabinet Resolution regulates the control and oversight of conformity assessment bodies operating in the United Arab Emirates. It establishes the requirements and procedures for the registration, accreditation, and appointment of these bodies, which are responsible for verifying that products and services meet the relevant technical standards. The Resolution aims to ensure the competence and reliability of conformity assessment activities in the UAE, thereby protecting consumers and facilitating trade. It is an important piece of legislation for businesses and individuals involved in the manufacture, import, or certification of products subject to technical regulations. (Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015, Art. 1-2)
What is the scope and purpose of this law?
The Resolution applies to all testing and calibration laboratories, inspection bodies, product certification bodies, and other conformity assessment bodies operating in the UAE, with the exception of medical laboratories, research labs, and those used for personal or educational purposes. Its purpose is to regulate the registration, accreditation, and appointment of these bodies to ensure they are competent to perform conformity assessment activities in accordance with the relevant technical requirements. (Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- Conformity Assessment: Any activity used directly or indirectly to verify that a product or service meets the related technical requirements.
- Conformity Assessment Body: A body registered, accredited, or accepted by the Emirates Authority for Standardization and Metrology (ESMA) to carry out conformity assessment procedures.
- Registration: The approval issued by ESMA authorizing a conformity assessment body to exercise conformity assessment activities.
- Accreditation: The official recognition granted by ESMA declaring a conformity assessment body as qualified and competent to carry out certain tasks.
- Appointment: The procedure by which ESMA accepts a conformity assessment body to provide conformity assessment services in fields determined by the Authority.
(Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015, Art. 1)
What are the main obligations and requirements?
The key obligations under this Resolution include: 1. All governmental and private conformity assessment bodies must register with ESMA, except for certain exempted laboratories. (Art. 3) 2. Registered conformity assessment bodies must comply with the technical requirements for registration, pay all required fees, and facilitate ESMA's inspection and oversight activities. (Art. 9) 3. Registered private conformity assessment bodies must apply for accreditation within the first year of registration if their activities fall under mandatory accreditation fields. (Art. 11) 4. Conformity assessment bodies seeking accreditation must meet the technical requirements and procedures specified by ESMA. (Art. 12) (Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015, Art. 3, 9, 11-12)
What licensing, registration, or approval requirements exist?
The Resolution establishes the following key licensing and registration requirements: 1. Private conformity assessment bodies must first obtain a commercial license from the competent authority in the relevant Emirate before applying for registration with ESMA. (Art. 4) 2. ESMA must issue a "no objection certificate" for the issuance or renewal of the commercial license, after verifying the body meets the technical requirements. (Art. 4) 3. Registered conformity assessment bodies must apply for accreditation from ESMA within the first year of registration if their activities fall under mandatory accreditation fields. (Art. 11) 4. ESMA may appoint certain accredited conformity assessment bodies as "Accepted Conformity Assessment Bodies" to provide services in fields determined by the Authority. (Art. 19-23) (Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015, Art. 4, 11, 19-23)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Emirates Authority for Standardization and Metrology (ESMA): ESMA is responsible for registering, accrediting, and appointing conformity assessment bodies, as well as overseeing their compliance with the technical requirements. (Art. 1, 3-23) 2. ESMA's Board of Directors: The Board or its designee may suspend or cancel the registration of a conformity assessment body for non-compliance. (Art. 10) 3. The Competent Authority: The competent commercial licensing authority in each Emirate is responsible for issuing and revoking the commercial licenses of private conformity assessment bodies based on ESMA's recommendations. (Art. 4, 10) (Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015, Art. 1, 3-23, 10)
What are the penalties for non-compliance?
The Resolution does not specify any direct penalties for non-compliance. However, it does provide the following enforcement mechanisms: 1. ESMA may suspend the registration of a conformity assessment body for up to 90 days for non-compliance. (Art. 10) 2. If the body fails to rectify the non-compliance within the suspension period, ESMA may cancel the registration in full or in part. (Art. 10) 3. ESMA shall address the competent licensing authority to revoke the commercial license of a conformity assessment body whose registration is cancelled. (Art. 10) (Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015, Art. 10)
When did this law come into effect?
This Cabinet Resolution came into effect on 28 February 2016, as per the Effective Date provided in the legislation details. It was published in the Official Gazette No. 589 on 30 November 2015. (Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies, 2015)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE Regulation of Control on Conformity Assessment Bodies 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.