Here is a comprehensive article analyzing the Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products:
Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products
- Law Type: Cabinet Resolution
- Law Number: No. (54) of 2019
- Issued Date: 04 Aug 2019
- Effective Date: 16 Aug 2019
- Official Gazette: No. 660
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 27
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the UAE Scheme for the Control of Textile Products, which regulates the requirements and conformity assessment procedures for textile products offered, manufactured, distributed, or imported into the UAE. The purpose is to ensure textile products meet specified safety, quality, and environmental standards. The Resolution imposes obligations on suppliers, establishes a conformity assessment scheme, and empowers the Emirates Authority for Standardization and Metrology (ESMA) to monitor and enforce compliance. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 1-2) The Resolution is significant for businesses and individuals in the UAE textile industry, as it mandates specific labeling, testing, and certification requirements. Suppliers must register products, use approved conformity assessment entities, and ensure their products meet technical standards. ESMA has broad enforcement powers, including the ability to prohibit imports, suspend product circulation, and impose administrative sanctions. Compliance is critical to legally offering textile products in the UAE market. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 3-8)
What is the scope and purpose of this law?
The Resolution applies to textile products containing any of the components listed in Annex 2, including ready-to-wear clothing, fabrics, textiles for home use, and products with at least 80% textile composition. It excludes products made by home-based workers, self-employed tailors, single-use textiles, and outdoor/garden textiles. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 2) The purpose is to establish a regulatory scheme to ensure textile products offered, manufactured, distributed, or imported into the UAE meet specified safety, quality, and environmental requirements. This includes verifying conformity to approved standards, labeling, and traceability. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 1-2)
What are the key definitions under this law?
Some key definitions include:
- State: United Arab Emirates
- Law: Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology
- Authority: The Emirates Authority for Standardization and Metrology (ESMA)
- Approved Standard: A standard adopted by ESMA, referred to as a UAE Standard
- Conformity Assessment Scheme (ECAS): ESMA's scheme for verifying product conformity to standards
- Emirates Quality Mark (EQM): ESMA's mark indicating product conformity
- Supplier: Manufacturer, importer, distributor, or representative responsible for the product
- Textile Fibers: The basic units used to form yarns and textiles
- Product (Textile Products): Raw, semi-prepared, or manufactured textile items
(Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 1)
What are the main obligations and requirements?
The key obligations under this Resolution include: 1. Suppliers must conduct their activity through a licensed company or sole proprietorship in the UAE. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 3(1)) 2. Textile products must meet specified requirements for flammability, harmful materials, labeling, and environmental impact. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 3(2)) 3. Suppliers must cooperate with ESMA and provide necessary documents to demonstrate product conformity. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 3(3)) 4. Suppliers must observe other relevant legislation, such as public health, safety, and environmental controls. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 3(4))
What licensing, registration, or approval requirements exist?
The Resolution requires that: 1. Suppliers must register their textile products with ESMA in the Emirates Conformity Assessment Scheme (ECAS). (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 4(1)) 2. Conformity assessment must be conducted by ESMA-approved entities to verify the product meets technical requirements and standards. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 4(1)) 3. Suppliers must use ESMA-approved forms and fulfill all requirements to obtain a Certificate of Conformity for their products. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 4(2)) 4. Products with the Emirates Quality Mark or other ESMA-recognized marks are deemed to meet the approved standards. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 4(3))
What rights and protections does this law provide?
The Resolution does not explicitly specify any rights or protections granted to individuals or businesses. It is focused on establishing regulatory requirements and enforcement mechanisms for textile products in the UAE.
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) - Responsible for administering the conformity assessment scheme, granting Certificates of Conformity, and monitoring market compliance. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 1, 4, 6-7) 2. Competent Authorities - Federal or local authorities tasked with implementing the provisions of this Resolution. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 1, 7)
What are the penalties for non-compliance?
The Resolution does not specify any direct penalties for non-compliance. However, it empowers ESMA or Competent Authorities to impose the following administrative sanctions: 1. Coordinating with the Licensing Authority to cancel the Supplier's commercial license. 2. Cancelling the Certificate of Conformity granted to the violating product. 3. Charging the Supplier for the expenses of removing and remedying damages from the violation. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 8(1)) If the responsible party cannot be determined, the person with whom the violation was detected is deemed responsible, unless proven otherwise. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 8(2))
What fees, charges, or financial provisions are specified?
The Resolution does not specify any fees, charges, or financial thresholds related to the UAE Scheme for the Control of Textile Products.
What exemptions or exceptions apply?
The Resolution excludes the following from its scope: 1. Yarn and textile products made by home-based workers and independent companies providing raw materials. 2. Textile products crafted by self-employed tailors. 3. Textile products designed for single use. 4. Textile products designed for outdoor use (such as gardens and parks). 5. Leather, rubber and plastic products. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 2(2))
How are disputes resolved under this law?
The Resolution establishes a grievance procedure, where a Supplier can file a grievance against decisions issued under Article 8 (Violations and Sanctions): 1. The grievance must be submitted to the ESMA Director General within 14 business days of receiving the decision. 2. The Director General must issue a decision on the grievance within 25 business days. This decision is final. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 9)
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. Suppliers must register their products with ESMA's ECAS scheme within 180 days of the Resolution's publication. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 10(a)) 2. Existing non-compliant textile products in the market must be brought into conformity within 1 year of the Resolution's publication. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 10(b)) 3. Grievances must be submitted to the ESMA Director General within 14 business days of receiving the decision. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 9(1)) 4. The Director General must issue a decision on the grievance within 25 business days. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 9(2))
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: 1. Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers 2. Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardisation and Metrology 3. Federal Law No. (24) of 2006 Concerning Consumer Protection 4. Federal Law No. (14) of 2016 Concerning Administrative Violations and Penalties in the Federal Government 5. Cabinet Resolution No. (35) of 2015 Concerning the UAE Scheme for the Control of Conformity Assessment Entities (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Preamble) The Resolution does not explicitly repeal or amend any of these laws. It operates within the framework established by this related legislation.
When did this law come into effect?
The Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products was issued on 04 August 2019 and came into effect on 16 August 2019, the date of its publication in the Official Gazette No. 660. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Issued Date, Effective Date) The Resolution also includes transitional provisions, granting Suppliers 180 days to register their products in the ECAS scheme, and 1 year to bring existing non-compliant products into conformity. (Cabinet Resolution Regarding the UAE Scheme for the Control of Textile Products, 2019, Art. 10)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE Scheme for the Control of Textile 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.