Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts
- Law Type: Cabinet Resolution
- Law Number: No. (12) of 2018
- Issued Date: 03 May 2018
- Effective Date: 01 May 2018
- Official Gazette: No. 629
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 23
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the UAE Scheme for Automotive Spare Parts. It aims to ensure the health and safety of users by setting conformity requirements for both domestically manufactured and imported automotive spare parts. The Resolution establishes a mandatory conformity assessment scheme, requiring suppliers to obtain conformity certificates before offering any covered products in the UAE market. It also empowers the Emirates Authority for Standardization and Metrology (ESMA) to monitor market compliance and take enforcement actions against non-conforming products. The Resolution is significant for businesses in the automotive spare parts industry, as it introduces new compliance obligations to access the UAE market. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 1-2)
What is the scope and purpose of this law?
The provisions of this Resolution apply to automotive spare parts, both manufactured within and imported to the UAE, that are intended to be offered within the UAE market. The purpose is to ensure the protection of the health and safety of users by regulating the conformity of these products to approved standards. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates
- Authority: Emirates Authority for Standardization and Metrology (ESMA)
- Board: Board of Directors of ESMA
- Director General: The Director-General of ESMA
- Competent Authority: The federal or local authority concerned with the application of this Resolution
- Standard: A document setting out the properties, description, characteristics, quality level, dimensions, standards or safety requirements of a commodity, material, service or any other measurable item
- Approved Standards: Standards approved by ESMA and referred to as a "UAE Standard" (UAE.S)
- Vehicles: Any motor vehicle, excluding motorcycles or trailers, operated by means of a motor, without dependence on rails, cables or the like
- Genuine Spare Parts: Spare parts designed and manufactured either at the vehicle's factory or at an independent spare parts factory for replacement purposes
- Commercial Spare Parts: Spare parts not manufactured at the vehicle's factory, but manufactured as replacements for motor vehicles
- Product: Any genuine or commercial spare parts set forth in the schedule attached to the Resolution
- Conformity Assessment: Any activity used to verify that a product or service meets relevant technical requirements
- Conformity Assessment Body: A body registered, approved or accepted by ESMA to conduct conformity assessment procedures
- Emirates Conformity Assessment Scheme (ECAS): The scheme issued by ESMA to verify the fulfillment of approved standards and technical regulations
- Conformity Certificate: Certificates issued by ESMA, confirming the conformity of a product to approved standards
- Emirates Quality Mark: A quality mark granted by ESMA indicating a product's compliance with approved standards or technical regulations
- Supplier: A manufacturer, processor, importer, agent, assembler, carrier or storing body of a product, or any major or sub-distributor whose activity impacts the product's characteristics and performance
- Supply Chain: All stages a product goes through after production down to the consumer, including packaging, import, supply, transport, storage, delivery and assembly
- Offering: Any activity or action intended to sell, lease, trade, store, offer, market, promote or provide the product to the consumer
- Country of Origin: The country where the product was manufactured
(Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this Resolution include: 1. Suppliers must carry out their activity through a registered company or individual enterprise holding a relevant license. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 3(1)) 2. Suppliers must obtain a conformity certificate from ESMA or an ESMA-authorized conformity assessment body before offering any product covered by the Resolution. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 3(2), 4(1)) 3. Suppliers must ensure the product continuously meets the requirements of the Resolution throughout its use, in accordance with the product's usage instructions. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 3(3)) 4. Suppliers must cooperate with ESMA and the competent authorities by providing documentation, examination certificates, and other documents related to the product upon request. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 3(4)) 5. Suppliers must cooperate with ESMA and the competent authorities in cases of product non-conformity or technical defects, for the purpose of withdrawing from the market and reporting any potentially risky products. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 3(5))
What licensing, registration, or approval requirements exist?
The Resolution requires suppliers to carry out their activity through a registered company or individual enterprise holding a relevant license in accordance with applicable legislation. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 3(1))
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 implementing the provisions of the Resolution, including identifying requirements, issuing forms, and taking appropriate measures. ESMA may also delegate some of its powers to accepted conformity assessment bodies. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 7(2-3)) 2. The Competent Authority: The federal or local authority concerned with the application of this Resolution, which may work alongside ESMA in monitoring market compliance and taking enforcement actions. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 1, 6(1))
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It states that without prejudice to any penalty or procedure stipulated by other relevant legislation, ESMA or the Competent Authority may impose the following administrative penalties: 1. Revoking the conformity certificate of a non-complying product. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 8(1)) 2. Ordering the violator to bear the costs of removal and remedying of damage resulting from the non-compliance, in case of failure to remove or remedy the issue. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 8(2))
How are disputes resolved under this law?
The Resolution provides a grievance procedure for decisions issued under Article 8 (Violations and Penalties): 1. The grievance must be submitted to the Director-General of ESMA within 14 working days of the violator being notified of the decision, along with all necessary supporting documents. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 9(1)) 2. The Director-General must issue a decision on the grievance within 25 working days of its submission. The grievance is deemed rejected if no action is taken within this period, and the Director-General's decision is final. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 9(2))
When did this law come into effect?
This Cabinet Resolution came into effect on the day following the date of its publication in the Official Gazette, which was 01 May 2018. (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Art. 11)
How does this law interact with other UAE legislation?
This Cabinet Resolution cites the following related UAE federal laws and regulations: - Federal Law (1) of 1972 on the Competencies of Ministries and the Powers of Ministers - Federal Law No. (1) of 1979 on the Regulation of Industry Affairs - Federal Law No. (24) of 1999 on Environmental Protection and Development - Federal Law No. (28) of 2001 establishing the Emirates Authority for Standardization and Metrology - 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. (34) of 2008 Concerning Fees on UAE Conformity Services and Quality Marks - Cabinet Resolution No. (35) of 2015 Regarding the UAE Law on Control of Conformity Assessment Bodies (Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts, 2018, Preamble)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE Scheme for Automotive Spare Parts 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.