Legislation Details
- Full Title: Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State
- Law Type: Cabinet Resolution
- Law Number: No. (116) of 2023
- Issued Date: 20 Nov 2023
- Effective Date: 28 Feb 2024
- Official Gazette: No. 764
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 25
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the work of establishments operating in the integrated management of recyclable substances in the United Arab Emirates. Its primary objectives are to promote the circular economy, support waste recycling and treatment processes, and organize the operations of integrated recyclable materials management in the UAE. The Resolution applies to recycling establishments, imported recycling establishments, and establishments exporting recyclable materials, including those located within free zones. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 2-3) The Resolution establishes licensing requirements for establishments operating in the integrated management of recyclable materials, sets standards for collecting, recycling, and exporting recyclable materials, and imposes reporting obligations. It also specifies technical requirements for the import and export of recyclable materials, aiming to ensure environmental protection and sustainable waste management practices. This legislation is crucial for businesses and individuals involved in the recycling industry, as it provides a comprehensive regulatory framework to promote the circular economy and responsible waste management in the UAE. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 4-8)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the work of establishments operating in the integrated management of recyclable substances in the United Arab Emirates, including recycling establishments, imported recycling establishments, and establishments exporting recyclable materials, even if they are located within free zones. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 3) The main objectives of this Resolution are to: 1. Promote the circular economy in the UAE by supporting the conversion of recyclable materials into value-added products. 2. Support waste recycling and treatment processes and use such waste as raw materials to promote human health, protect the environment, and achieve sustainable development. 3. Organize the operations of the integrated management of recyclable materials in the UAE. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 2)
What are the key definitions under this law?
The key definitions provided in this Resolution are:
- State: United Arab Emirates (UAE)
- Ministry: The Ministry of Climate Change and Environment
- Competent Authority: The local Competent Authority in each Emirate of the UAE
- The Integrated Management of Recyclable Materials: Separation, collection, transportation, storage, reuse or recycling and treatment of recyclable materials, and disposal of residue, including aftercare of disposal sites
- Waste Recycling: Operations implemented on waste for extracting raw materials to be reused in commercial and industrial operations
- Recyclable Materials: Materials or waste that are used as inputs in a recycling establishment in order to produce new products
- Residual Waste: The residues resulting from waste recycling processes, which cannot be reused, recycled, or undergo any other processes, and end up in landfills
- Recycling Establishment: The licensed establishment operating in the State for recycling recyclable materials
- Environmental Licence: A document issued by the Ministry or the competent authority for the environmental permit applicant to establish, amend, operate or complete a project, an establishment or an activity, including the conditions and procedures required for environment protection and environmental impact reduction
(Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this Cabinet Resolution are: 1. Establishments operating in the integrated management of recyclable materials must obtain necessary licenses from the competent authorities according to the procedures and conditions set by such authorities. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 4) 2. Licensed establishments are only permitted to collect recyclable materials specified in their permitted commercial activities. Unlicensed natural persons or establishments are prohibited from collecting recyclable materials from waste containers, landfills, or any sectors generating such materials. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 5) 3. Recycling establishments must use approved and proper methods for processing recyclable materials in the UAE according to the conditions and standards specified in the applicable legislations and their environmental license. They must also ensure sound and safe disposal of the residual waste after the recycling process. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 6) 4. Recycling establishments must comply with specific requirements when importing recyclable materials, including obtaining permits, ensuring materials are not hazardous, and limiting the percentage of residual waste. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 6) 5. Establishments exporting recyclable materials must adhere to technical requirements, such as separating materials, cleaning and cutting them, and ensuring they are free from hazardous contaminants. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 7) 6. Establishments exporting and recycling recyclable materials must submit monthly reports to the competent authority providing details on their activities. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 8)
What licensing, registration, or approval requirements exist?
Establishments operating in the integrated management of recyclable materials, as stipulated in Table No. (1) attached to this Resolution, must obtain necessary licenses from the competent authorities according to the procedures and conditions set by such authorities. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 4) The Resolution also requires recycling establishments to obtain a permit from the Ministry to import recyclable materials specified in Table No. (1), subject to certain requirements, such as: - The materials must not be classified as hazardous waste under the Basel Convention. - The concentration of contaminants in the imported materials must be within the limits specified in Table No. (2). - The application must be submitted via the Ministry's digital service and include various supporting documents. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 6)
What rights and protections does this law provide?
The legislation does not specify any explicit rights or protections provided under this Cabinet Resolution. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Cabinet Resolution are: 1. The Ministry of Climate Change and Environment, which is responsible for issuing environmental licenses and permits for the import of recyclable materials. 2. The local Competent Authorities in each Emirate of the UAE, which are responsible for issuing licenses to establishments operating in the integrated management of recyclable materials and overseeing their compliance. 3. The competent authority in the Emirate where the recycling establishment is located, which is responsible for providing a letter of approval/No Objection Certificate for the import of recyclable materials. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 1, 4, 6)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023)
What fees, charges, or financial provisions are specified?
The legislation does not specify any fees, charges, or financial provisions under this Cabinet Resolution. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023)
What exemptions or exceptions apply?
The legislation does not provide any exemptions or exceptions to the scope of this Cabinet Resolution. It applies to all recycling establishments, imported recycling establishments, and establishments exporting recyclable materials in the UAE, including those located within free zones. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 3)
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this Cabinet Resolution. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023)
What are the key deadlines and time limits?
The legislation does not provide any specific deadlines or time limits under this Cabinet Resolution, except for the effective date, which is 90 days after the date of publication in the Official Gazette. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 11)
How does this law interact with other UAE legislation?
This Cabinet Resolution does not explicitly mention any other UAE legislation that it repeals or amends. However, it states that "Any provision that violates or contradicts the provisions of this Resolution shall be repealed." (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 10)
When did this law come into effect?
This Cabinet Resolution will come into effect 90 days after the date of its publication in the Official Gazette, which was on 30 November 2023. Therefore, the effective date of this Resolution is 28 February 2024. (Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State, 2023, Art. 11)
Source Documents
This article analyses Cabinet Resolution Regulating the Work of Establishments Operating in the Integrated Management of Recyclable Substances in the State 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.