Legislation Details
- Full Title: Cabinet Resolution Regarding the UAE System for Personal Health Protection Products
- Law Type: Cabinet Resolution
- Law Number: No. (83) of 2020
- Issued Date: 17 Dec 2020
- Effective Date: 15 Jan 2021
- Official Gazette: No. 694
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 30
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the UAE System for Personal Health Protection Products, which regulates the requirements and conformity assessment procedures for these products in the UAE market. The resolution aims to ensure that personal health protection products, such as face masks and sanitizers, meet technical standards and safety requirements before being launched or traded in the UAE, including for export. It imposes obligations on suppliers, grants powers to competent authorities, and specifies penalties for non-compliance. The resolution is significant for businesses and individuals in the UAE as it provides a comprehensive regulatory framework to safeguard public health and consumer protection in the personal health products sector. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 1-14)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to "Personal Health Protection Products" specified in the attached Annex, whether they are launched in the UAE markets, including free zones, or for export outside the UAE. The purpose is to regulate the requirements and conformity assessment procedures for these products to ensure they meet technical standards and safety requirements before being introduced to the market. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 2)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- Standard Specification: A document that specifies the characteristics, quality level, dimensions, standards, or safety and security requirements of a commodity, material, product, service, or subject to measurement.
- Approved Standard Specifications: The standard specifications approved by the Ministry of Industry and Advanced Technology, referred to as UAE Standard Specification (UAE.S).
- Emirates Conformity Assessment Scheme (ECAS): A scheme issued by the Ministry to verify whether a product meets the requirements specified in the approved Standard Specifications.
- Conformity Certificate: A certificate issued by the Ministry confirming the conformity of a product or batch to the requirements of the Approved Standard Specifications.
- Supplier: The manufacturer, packer, processor, importer, stockiest, major distributor, sub-distributor, or any person whose activities affect the product characteristics or commercial/legal representative responsible for importing the product.
- Personal Health Protection Products: Any non-food or non-medicinal product for protection, prevention and control of infection whose requirements and characteristics are specified in the Annex.
(Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution imposes the following key obligations on suppliers: 1. Carrying out their activity through a company or individual establishment registered and licensed in accordance with relevant legislation. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 3(1)) 2. Obtaining a Conformity Certificate for the product before launching it in the market, in accordance with the Emirates Conformity Assessment Scheme (ECAS). (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 3(2)) 3. Ensuring the product meets the technical requirements contained in the Approved Standard Specifications. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 3(3)) 4. Cooperating with the Ministry and competent authorities and providing required documents, certificates, data, and information. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 3(4)) 5. Complying with the claim verification procedures stipulated in the resolution. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 3(6))
What licensing, registration, or approval requirements exist?
The Cabinet Resolution requires suppliers to obtain a Conformity Certificate from the Ministry or competent authority before launching a product in the UAE market or for export. The Ministry or competent authority will verify the product's conformity with the Approved Standard Specifications before granting the Conformity Certificate. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 5)
What are the technical requirements for products?
The Cabinet Resolution specifies the following technical requirements for personal health protection products: 1. The labels must meet the requirements of the Standard Specification indicated in the Annex. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 4(1)) 2. The pictures and expressions used on the product package must not violate public order, public morals, and Islamic values in the UAE. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 4(2)) 3. All information, pictures, and indications used in the labels must be correct and scientifically and clinically proven. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 4(3))
Which authorities or bodies are responsible for enforcement?
The Cabinet Resolution designates the following authorities and bodies for enforcement: 1. The Ministry of Industry and Advanced Technology is responsible for receiving and studying product registration requests, granting Conformity Certificates, and appointing acceptable Conformity Assessment Bodies. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 9(2)) 2. The Ministry or the competent authority is responsible for verifying product conformity, taking administrative measures to recall non-compliant products, and imposing penalties for violations. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 7)
What are the penalties for non-compliance?
The Cabinet Resolution does not specify any penalties for non-compliance. It states that without prejudice to any penalty or procedure stipulated in any other UAE legislation, the Ministry or competent authority may impose the following administrative sanctions for violations of Articles 3, 4, 5, and 8: 1. Coordinating with the licensing authority to cancel the commercial license of the violating supplier. 2. Charging the violator with the expenses and costs of removing and addressing the damages resulting from the violation. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 10)
How are disputes resolved under this law?
The Cabinet Resolution provides the following grievance procedures: 1. Grievances may be filed against resolutions issued under Article 10 (Violations and Sanctions) within 14 working days of notification, with the necessary documents explaining the reason for the grievance. 2. The Minister, competent body head, or their delegate must issue a resolution on the grievance within 25 working days of submission. The resolution issued shall be deemed final. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Art. 11)
When did this law come into effect?
The Cabinet Resolution Regarding the UAE System for Personal Health Protection Products came into effect on 15 January 2021, as per the Effective Date stated in the legislation details. (Cabinet Resolution Regarding the UAE System for Personal Health Protection Products, 2020, Effective Date)
Source Documents
This article analyses Cabinet Resolution Regarding the UAE System for Personal Health Protection 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.