Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices
- Law Type: Cabinet Resolution
- Law Number: No. (10) of 2017
- Issued Date: 10 Apr 2017
- Effective Date: 10 Apr 2017
- Official Gazette: No. 614
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 25
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the control of hazardous substance ratios in electric and electronic devices in the UAE. It sets technical requirements for the maximum concentration of hazardous substances allowed in such products, and imposes obligations on suppliers to ensure compliance. The Resolution establishes a conformity assessment scheme and empowers the Emirates Authority for Standardization and Metrology (ESMA) to monitor the market and take enforcement actions against non-compliant products. This legislation aims to protect the environment and consumer health by restricting the use of certain hazardous materials in electrical and electronic equipment sold in the UAE. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to all electric and electronic devices listed in Annex 1, with the exception of products intended for certain uses specified in Annexes 3 and 4. The purpose is to regulate the maximum concentration of hazardous substances in these products in order to protect the environment and consumer health. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- The State: The United Arab Emirates
- ESMA: Emirates Authority for Standardization and Metrology
- The Board: ESMA Board of Directors
- The Director General: The Director General of ESMA
- The Competent Authority: The federal or local authority concerned with implementing the provisions of this Resolution
- Standard: A document defining the specifications, properties, quality, dimensions, or safety and security requirements of a commodity, material, service, or measurable object
- Approved Standards: Standards approved by ESMA and referred to as "UAE standards"
- The Product: Any electric or electronic device listed in Annex 1
- Emirates Conformity Assessment Scheme (ECAS): A scheme issued by ESMA for verifying product conformity with approved standards
- Conformity Certificate: A certificate issued by ESMA confirming a product's conformity with approved standards
- Supplier: The factory, importer, agent, assembler, distributor, or commercial/legal representative responsible for a product's import, installation, and operation
- Supply Chain: All stages a product passes through after manufacturing, including import, supply, storage, assembly, wholesale, retail, and installation
- Technical Standard: A document setting out technical requirements for a product, operation, or service
- Market Survey: Activities or actions taken by competent authorities to ensure product conformity, excluding health and safety control procedures
- Hazardous Substances: Substances specified in Annex 2 used in manufacturing the product
(Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 1)
What are the main obligations and requirements?
The key obligations under this Resolution are: 1. The concentration of hazardous substances in a product must not exceed the ratios specified in Annex 2. This applies to the product itself, as well as cables and spare parts. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 3) 2. Suppliers must conduct their business through a registered and licensed company or corporation in the UAE, and ensure the product meets the technical standard and approved standards listed in Annex 6. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 4) 3. Suppliers must cooperate with ESMA and competent authorities, and provide required documents and inspection certificates to ensure product conformity. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 4) 4. Suppliers must take necessary measures to verify the product conforms to any other applicable health, safety, and environmental requirements. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 4)
What licensing, registration, or approval requirements exist?
The Resolution does not specify any licensing, registration, or approval requirements for the products themselves. However, it does require suppliers to conduct their business through a registered and licensed company or corporation in the UAE. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 4)
What rights and protections does this law provide?
The Resolution does not explicitly grant any specific rights or protections to individuals or businesses. It is focused on regulating the maximum concentration of hazardous substances in electric and electronic devices to protect the environment and consumer health.
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. ESMA (Emirates Authority for Standardization and Metrology): ESMA is responsible for receiving and studying product registration and conformity applications, issuing necessary decisions, and appointing conformity assessment bodies. ESMA also has the right to take samples from products to verify conformity, and can take measures such as withdrawing non-compliant products from the market. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Arts. 5, 6) 2. Competent Authorities: The competent authority in each emirate is responsible for implementing the provisions of this Resolution, including inspection and testing to ensure product conformity. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 9)
What are the penalties for non-compliance?
The Resolution specifies the following penalties for non-compliance: 1. ESMA or the competent authority can require the person responsible for the breach to withdraw the product from the market, remedy the breach, re-export the product, or damage the product. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 7) 2. The party committing the breach shall be responsible for all resulting charges and costs as determined by ESMA. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 7) 3. Whoever violates the provisions of this Resolution shall be subject to the penalties set forth in Federal Law No. (28) of 2001 on the Establishment of Emirates Authority for Standardization and Metrology. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 7)
What exemptions or exceptions apply?
The provisions of this Resolution do not apply to products intended for the uses specified in Annexes 3 and 4. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 2)
How are disputes resolved under this law?
The Resolution provides the following dispute resolution mechanism: 1. A supplier may file a grievance against decisions or actions taken by ESMA or the competent authority under Articles 7(1) and 7(2) within 14 business days of being notified. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 8) 2. ESMA will form a committee to settle the grievances, which must take a decision within 25 business days of submission. The committee's decision is final. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 8) 3. The Director General of ESMA will issue instructions specifying the committee's composition, procedures, quorum, and related matters. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 8)
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. Suppliers must file a grievance against ESMA or competent authority decisions/actions within 14 business days of notification. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 8) 2. The grievance committee must take a decision on a submitted grievance within 25 business days. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 8) 3. The Resolution provides transitional periods for certain products specified in Annexes 7 and 8, during which the applicable resolutions and laws will remain in force until the specified dates. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 10)
How does this law interact with other UAE legislation?
This Cabinet Resolution references and interacts with the following UAE federal laws: - Federal Law No. (1) of 1972 regarding the Competences of the Ministries and the Powers of Ministers - Federal Law No. (1) of 1979 regulating the Industry Affairs - Federal Law No. (24) of 1999 regarding the Environment Protection and Development - Federal Law No. (28) of 2001 on the Establishment of Emirates Authority for Standardization and Metrology (ESMA) - Federal Law No. (24) of 2006 regarding the Consumer's Protection - Federal Law No. (19) of 2016 on Combating Commercial Fraud - Cabinet Resolution No. (35) of 2015 regarding the UAE Regulations for Control of Conformity Assessment Bodies (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017)
When did this law come into effect?
This Cabinet Resolution came into effect on the day following its publication in the Official Gazette No. 614 on 27 April 2017. (Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices, 2017, Art. 12)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices 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.