Legislation Details
- Full Title: The Cabinet Resolution Regarding the Circulation of the Waste Oils
- Law Type: Cabinet Resolution
- Law Number: No. (33) of 2018
- Issued Date: 05 Jun 2018
- Effective Date: 29 Jun 2018
- Official Gazette: No. 632
- Sector: Environment and Natural Resources
- Status: Active
- Number of Articles: 42
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the circulation of waste oils in the United Arab Emirates. It aims to prevent waste oils from polluting the environment or causing harm to public health. The Resolution establishes a framework for licensing, obligations, and procedures related to the collection, transport, storage, treatment, and disposal of waste oils. It applies to all facilities and activities involving waste oils, including in free zones. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 2-3) The Resolution is important for businesses and individuals in the UAE as it sets clear requirements and restrictions on the handling of waste oils. Failure to comply can result in penalties, and the law empowers authorities to enforce its provisions. Proper management of waste oils is crucial for environmental protection and public safety in the country. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 14)
What is the scope and purpose of this law?
The Resolution aims to regulate activities related to the circulation of waste oils and prevent them from polluting the environment or causing harm to public health. It applies to all facilities and activities involving waste oils, including in free zones, within the United Arab Emirates. The law covers the collection, transport, storage, treatment, and disposal of waste oils. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 2-3)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Climate Change and Environment
- Minister: Minister of Climate Change and Environment
- Competent Authority: Local Competent Authority in each Emirate
- Waste Oils: Refined oils of crude oils and industrial oils used and became wastes contaminated with chemicals or underwent a change in the physical properties, which must be phased out or treated
- Treating Waste Oils (Recirculation): Process of preparing waste oils to become usable in production and consumption processes
- Circulation of the waste oils: Any activity related to collection, transport, storage, treating or exporting waste oils or finally phasing it out
- Facility: Any legal person whose activity results in waste oils
- Treatment Unit: The unit that changes the chemical and physical properties of waste oils using environmentally sound technologies
- Oil Transporter: The natural or legal person permitted to transport waste oils
- Collection points of the waste oils: Any facility permitted to receive, collect or store waste oils
- Transport Form: A document with details of the waste oil transport
- Halogenated Substances: Substances with highly toxic and slowly decomposing molecules containing halogen atoms
- Oil Sludge: Semi-solid mixture of organic substances, bacteria, viruses, heavy metals, and chemicals generated by oil storage
(The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 1)
What are the main obligations and requirements?
The Resolution imposes several key obligations on facilities, waste oil transporters, and treatment units: Facilities must: 1. Not phase out waste oils in violation of the Resolution's provisions. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 5(1)) 2. Collect waste oils in non-leakable containers and ensure proper storage conditions. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 5(3-5)) 3. Use a transport form for all waste oil shipments leaving the facility. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 5(6)) 4. Not mix waste oils with flammable liquids or halogenated substances. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 5(7)) 5. Keep records of waste oils transported for 3 years. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 5(11-12)) Waste oil transporters must: 1. Use a transport form for all shipments. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 7(1)) 2. Transport waste oils in licensed vehicles that meet safety requirements. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 7(3,5)) 3. Not mix different waste oils and keep them separated during transport. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 7(4)) 4. Train drivers on emergency procedures. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 7(14)) Treatment units must: 1. Only accept waste oils from permitted transporters with a proper transport form. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 9(1-2)) 2. Use the cleanest production techniques and less polluting fuels. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 9(5-6)) 3. Treat water from the treatment process to enable reuse. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 9(8)) 4. Abide by international specifications for disposing of residues. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 9(11))
What licensing, registration, or approval requirements exist?
The Resolution requires the following licenses and permits: 1. Any activity related to the circulation of waste oils is prohibited without a license from the competent authority. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 4(1)) 2. Facilities must apply for a license to engage in waste oil activities and submit the required documents. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 4(2)) 3. An application for a permit to export or transit waste oil shipments must be submitted to the Ministry with the required documents. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 4(3)) 4. Collection points of waste oils must obtain a license from the competent authority. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 8(1a))
What rights and protections does this law provide?
The Resolution does not explicitly mention any rights or protections granted to individuals or businesses. It focuses on establishing obligations and requirements for the proper management of waste oils.
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Ministry of Climate Change and Environment, which is responsible for issuing export/transit permits for waste oil shipments. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 4(3)) 2. The Competent Authority in each Emirate, which is responsible for issuing licenses for waste oil activities and enforcing the Resolution's provisions. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 1, 4(1-2), 8(1a))
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It focuses on establishing obligations and requirements for the proper management of waste oils, but does not outline any enforcement mechanisms or sanctions.
What fees, charges, or financial provisions are specified?
The Resolution does not mention any fees, charges, or financial provisions related to the circulation of waste oils.
What exemptions or exceptions apply?
The Resolution excludes waste oils containing polychlorinated biphenyls (PCBs) exceeding 50 ppm or 50 mg/litre, as these cannot be treated and may not be reused. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 3(2))
How are disputes resolved under this law?
The Resolution does not specify any dispute resolution mechanisms or procedures.
What are the key deadlines and time limits?
The Resolution sets the following key deadlines and time limits: 1. Collection points of waste oils must abide by a storage period of no more than 90 days. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 8(2c)) 2. Facilities, collection points, and transporters must keep records for at least 3 years. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Art. 5(11-12), 7(12), 8(2h-j))
How does this law interact with other UAE legislation?
The Resolution cites the following related UAE legislation: 1. The Constitution of the United Arab Emirates 2. Federal Law No. (24) of 1999 on the Environment Protection and Development, and amendments thereof 3. Federal Law No. (14) of 2016 concerning the Irregularities and Administrative Sanctions in the Federal Government (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Preamble)
When did this law come into effect?
The Cabinet Resolution Regarding the Circulation of the Waste Oils was issued on 05 June 2018 and came into effect on 29 June 2018, as published in the Official Gazette No. 632. (The Cabinet Resolution Regarding the Circulation of the Waste Oils, 2018, Issued Date, Effective Date)
Source Documents
This article analyses The Cabinet Resolution Regarding the Circulation of the Waste Oils 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.