Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System
- Law Type: Cabinet Resolution
- Law Number: No. (42) of 2021
- Issued Date: 21 Apr 2021
- Effective Date: 17 May 2021
- Official Gazette: No. 702
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 27
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the use of hydrogen-fueled vehicles in the United Arab Emirates. It establishes the requirements and obligations for suppliers of these vehicles, including obtaining conformity certificates, meeting technical standards, and providing supporting infrastructure. The Resolution aims to ensure the safe and compliant introduction of hydrogen-powered vehicles into the UAE market, which is an important step in the country's efforts to promote sustainable transportation and reduce carbon emissions. (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021) The Resolution is significant for businesses and individuals in the UAE as it sets clear rules and guidelines for the importation, sale, and use of hydrogen-fueled vehicles. Compliance with the Resolution's requirements is necessary for suppliers to legally operate in the UAE market, and the penalties for non-compliance can include license revocation and product recalls. The Resolution also empowers government authorities to monitor the market and take enforcement actions, which will impact the entire supply chain for these vehicles. (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to all hydrogen-fueled vehicles with a gross weight not exceeding 4,536 kg, including light vehicles and light buses with a speed exceeding 25 km/h, that are placed on the UAE market, including in the free zones. (Art. 2) The purpose is to regulate the importation, sale, and use of these vehicles in the UAE to ensure their compliance with technical standards and safety requirements. (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Industry and Advanced Technology
- Minister: Minister of Industry and Advanced Technology
- Competent Authority: The federal and local government authority responsible for implementing the Resolution's provisions
- Product: Any hydrogen-fueled vehicle with a gross weight not exceeding 4,536 kg, including light vehicles and light buses with a speed exceeding 25 km/h
- Standard Specification: A document defining the attributes, description, characteristics, quality level, dimensions, standards or safety and security requirements of a commodity, material, product, service, or anything subject to measurement
- Approved Standard Specifications: The standard specifications approved by the Ministry, referred to as UAE Standard Specifications (UAE.S)
- Conformity Certificate: A certificate issued by the Ministry confirming that a product or batch complies with the Approved Standard Specifications
- Supplier: The manufacturer, packer, processor, importer, or warehouse operator of the product, or any person whose activity impacts the product characteristics
(Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021, Art. 1)
What are the main obligations and requirements?
The Resolution imposes several key obligations on suppliers of hydrogen-fueled vehicles: 1. Obtain a Conformity Certificate or Gulf Conformity Certificate before entering any product into the UAE market (Art. 4(1)) 2. Cooperate with the Ministry and Competent Authorities and provide requested documents and data, including product inspection reports (Art. 4(2)) 3. Ensure the product complies with the specified requirements, including performance, labeling, safety equipment, and storage (Art. 4(3-4)) 4. Provide requirements, data, and procedures for dealing with product incidents (Art. 4(5)) 5. Ensure the availability of supporting infrastructure, including technical workshops and qualified personnel (Art. 4(6)) 6. Provide the technical requirements for hydrogen refueling stations and product maintenance (Art. 4(7-8)) 7. Follow technical instructions for storage, transport, handling, and disposal of the product (Art. 4(9)) (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021, Art. 4)
What licensing, registration, or approval requirements exist?
To obtain a Conformity Certificate for a hydrogen-fueled vehicle, the supplier must: 1. Submit an application to register the product with the Ministry 2. Provide a copy of a valid industrial or commercial license in the UAE 3. Sign a Declaration of Conformity according to the Ministry's approved form 4. Submit all documents and data related to the product's compliance with the technical requirements The Conformity Certificate is valid for one year and must be renewed annually if the product continues to comply with the Resolution's requirements. (Art. 6(1-2)) If the product obtains a Gulf Conformity Certificate, it does not require a separate Conformity Certificate from the Ministry. (Art. 6(4)) The Ministry also has the right to conduct factory visits to review manufacturing processes and witness required tests. (Art. 6(5)) (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021, Art. 6)
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for implementing and enforcing this Resolution are: 1. The Ministry of Industry and Advanced Technology: Responsible for implementing the Resolution's provisions, receiving and reviewing product registration applications, granting Conformity Certificates, and delegating powers to Conformity Assessment bodies. (Art. 10(1-2)) 2. Competent Authorities: Federal and local government authorities responsible for ensuring product compliance before entry and registration in the UAE, carrying out market surveillance, and providing product inspection centers. (Art. 3) The Ministry and Competent Authorities are empowered to take enforcement actions, including revoking commercial licenses, cancelling Conformity Certificates, and requiring suppliers to recall or destroy non-compliant products. (Art. 7, Art. 8) (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021, Art. 3, Art. 7, Art. 8, Art. 10)
What are the penalties for non-compliance?
The Resolution does not specify any direct penalties for non-compliance. However, it empowers the Ministry or Competent Authorities to impose the following administrative penalties: 1. Coordinating with the Licensing Authority to revoke the commercial license of the violating supplier 2. Cancelling the Conformity Certificate granted to the non-compliant product 3. Charging the violator with the expenses and costs of removing and remedying the damages resulting from the violation (Art. 8(1)) If the responsible party for a product's non-compliance cannot be identified, the person with whom the violation was detected shall be deemed responsible unless proven otherwise. (Art. 8(2)) (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021, Art. 8)
How are disputes resolved under this law?
The Resolution provides a grievance procedure for decisions issued under Article 8 (Violations and Penalties): 1. Grievances must be submitted to the Minister, Head of the Competent Authority, or their delegates within 14 working days of receiving the decision. 2. The necessary documents explaining the reason for the grievance must be attached. 3. The Minister, Head of the Competent Authority, or their delegates must issue a decision on the grievance within 25 working days, and this decision shall be final. 4. If no decision is issued within the 25-day period, the grievance shall be deemed rejected. (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021, Art. 9)
When did this law come into effect?
This Cabinet Resolution came into effect on 17 May 2021, the date it was published in the Official Gazette No. 702. (Effective Date) (Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles System, 2021)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE Regulation on Hydrogen-Fueled Vehicles 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.