Legislation Details
- Full Title: Federal Decree Law Concerning Specifications and Standards
- Law Type: Federal Decree Law
- Law Number: 20 of 2020
- Issued Date: 27 Sep 2020
- Effective Date: 27 Sep 2020
- Official Gazette: No. 687
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 32
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree Law regulates the development, approval, and application of technical standards and specifications in the UAE. It establishes the Ministry of Industry and Advanced Technology (MOIAT) as the sole authority responsible for preparing, approving, and publishing standard specifications for products, materials, and services in the country. The law also empowers MOIAT to develop national systems for measurement, calibration, conformity assessment, and product registration to ensure the safety and quality of goods in the UAE market. (Federal Decree Law Concerning Specifications and Standards, 2020, Arts. 1-2) The law is significant for businesses and individuals in the UAE as it sets the legal framework for technical regulations and conformity requirements. Companies must comply with the approved standard specifications and obtain necessary certifications and approvals from MOIAT to market their products. Consumers also benefit from the enhanced product safety and quality assurance measures implemented under this legislation. (Federal Decree Law Concerning Specifications and Standards, 2020, Arts. 1-2)
What is the scope and purpose of this law?
The Federal Decree Law Concerning Specifications and Standards regulates the development, approval, and application of technical standards and specifications in the UAE. It establishes the Ministry of Industry and Advanced Technology (MOIAT) as the sole authority responsible for preparing, approving, and publishing standard specifications for products, materials, and services in the country. The law aims to ensure the safety, quality, and conformity of goods in the UAE market through a comprehensive national system of standardisation, metrology, and conformity assessment. (Federal Decree Law Concerning Specifications and Standards, 2020, Arts. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Industry and Advanced Technology (MOIAT)
- Minister: Minister of Industry and Advanced Technology
- Concerned Authorities: Federal or local government agencies concerned with standards, metrology, calibration, accreditation, and compliance
- Measuring Instruments: Machines, tools, and devices intended for measurement purposes, including both direct and indirect measures
- Laboratory: Body that performs testing and calibration
- Calibration: Operations conducted to determine and control the efficiency and accuracy of measuring instruments and devices
- Standard Specification: Document specifying the characteristics or descriptions of a commodity, product, material, service, or anything subject to measurement
- Approved Standard Specifications: Specifications approved by MOIAT, referred to as Standard Specifications for the UAE and symbolised by (SS/UAE)
- Technical Regulations: Cabinet Resolutions specifying technical requirements, either directly or by reference or implication, for the contents of a standard, technical specification or practice, which have an enforceable nature
- Mark: Any drawing, mark, symbol, stamp, inscription, or picture indicating MOIAT or what is issued in terms of specifications, standards, quality, and conformity
- Conformity Assessment: Any activity used directly or indirectly to verify the conformity of a commodity, product, material, or service for the relevant technical requirements
- Conformity Assessment Bodies: Entities registered, accredited, or accepted by MOIAT to carry out conformity assessment procedures
(Federal Decree Law Concerning Specifications and Standards, 2020, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. MOIAT is responsible for preparing, approving, publishing, reviewing, and amending the Standard Specifications of the UAE, in coordination with the Concerned Authorities. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 2(1)) 2. MOIAT must propose and prepare national systems for measurement and calibration, conformity assessment, monitoring the application of technical regulations, and product registration, in coordination with the Concerned Authorities. (Federal Decree Law Concerning Specifications and Standards, 2020, Arts. 2(2-6)) 3. MOIAT is required to develop and unify means and methods of measurement, calibration, control, and monitoring. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 2(8)) 4. MOIAT must harmonise the Standard Specifications with international, regional, or Gulf standards and adopt them as approved Standard Specifications. (Federal Decree Law Concerning Specifications and Standards, 2020, Arts. 2(9-10)) 5. MOIAT is responsible for granting or recognising certificates of conformity to the approved standards and marks, and regulating their issuance and use. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 2(13))
What licensing, registration, or approval requirements exist?
The law establishes the following licensing, registration, and approval requirements: 1. MOIAT is the sole authority responsible for issuing, regulating, and controlling the use of marks and symbols related to standard specifications, quality, and conformity in the UAE. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 4) 2. MOIAT must register and approve all conformity assessment bodies, including testing and calibration laboratories, inspection bodies, and certification bodies, that are authorised to carry out conformity assessment procedures in the country. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 2(6)) 3. The Cabinet, based on a proposal from the Minister, may delegate government or private agencies to undertake the implementation of some of MOIAT's competencies under the law. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 12)
What are the penalties for non-compliance?
The law prescribes the following penalties for non-compliance: 1. Impersonating a MOIAT employee with judicial police powers or issuing/using any mark without a licence from MOIAT is punishable by imprisonment for a period of no less than one year and a fine of no less than AED 30,000, or one of these two penalties. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 6) 2. Preventing, obstructing, or evading inspection, or providing false statements, is punishable by imprisonment and a fine of no less than AED 10,000. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 7) 3. Violating the technical regulations issued under this law is punishable by imprisonment and a fine of no less than AED 30,000, or one of these two penalties, with confiscation of the materials and products subject to the violation. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 8) 4. Falsely declaring, offering, or selling a material or product as bearing the characteristics of approved Standard Specifications is punishable by imprisonment and a fine of no less than AED 30,000, with confiscation of the materials subject to the violation. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 9) 5. In the event of a repeat offence, the court may double the prescribed penalty and permanently withdraw the establishment's licence. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 10) 6. Violating any of the Resolutions issued to implement this law is punishable by imprisonment and a fine of no less than AED 25,000, or one of these two penalties. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 11)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The Ministry of Industry and Advanced Technology (MOIAT) is the sole authority responsible for preparing, approving, publishing, and amending the Standard Specifications of the UAE, as well as developing and implementing national systems for measurement, calibration, conformity assessment, and product registration. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 2) 2. The Cabinet is responsible for issuing Technical Regulations based on a proposal from the Minister, as well as approving the national systems developed by MOIAT for measurement, calibration, conformity assessment, and product registration. (Federal Decree Law Concerning Specifications and Standards, 2020, Arts. 2(2-6), 3(3)) 3. The Minister of Industry and Advanced Technology is empowered to issue the necessary Resolutions to implement the provisions of this law. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 14) 4. MOIAT employees determined by a Resolution of the Minister of Justice, in coordination with the Minister of Industry and Advanced Technology, shall have the capacity of Judicial Police officers for crimes that fall within their jurisdiction and are related to their job duties. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 13)
When did this law come into effect?
The Federal Decree Law Concerning Specifications and Standards was issued on 27 September 2020 and came into effect on the same date. The law was published in the Official Gazette No. 687 on 30 September 2020. (Federal Decree Law Concerning Specifications and Standards, 2020, Art. 16)
Source Documents
This article analyses Federal Decree Law Concerning Specifications and Standards 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.