أسئلة قانونية إماراتية عامةقرار مجلس الوزراء بشأن النظام الإماراتي للرقابة على المنتجات النسيجية

Article (1) Definitions In application of the provisions of this Resolution, the following words and phrases shall have the meanings assigned to each of them, unless the context stipulates otherwise: State : United Arab Emirates. Law : Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology, and its amendments, or any other legislation that replaces it. Authority : The Emirates Authority for Standardization and Metrology (ESMA). Board : The ESMA's Board of Directors. Director General : The Director General of the ESMA. Competent : The federal or local authority concerned with implementing

-- 1 of 22 --

Cabinet Resolution of 2019 Regarding the UAE…

Article (2) Scope of Application 1. The provisions of this Resolution shall apply to textile products of which composition includes any of the components stated in Annex No. (2), and which are offered, manufactured, distributed, imported into the State, and they include: a. New ready-to-wear clothing products. b. Textiles / fabrics intended for knitting garments of all widths. c. Ready-to-use textiles intended for internal use, including furniture products, curtains, carpets, mattresses and their accessories. d. Any products that include textiles in their composition of not less than 80% of weight. 2. The following shall be excluded from the application of this Resolution: a. The yarn and te…

Article (3) Responsibilities of the Supplier The Supplier shall, at any stage of the Supply Chain, must adhere to the following: 1. He must carry out his activity through a company or a sole proprietorship registered and licensed in accordance with the applicable legislation in the State. 2. The product shall meet the requirements specified in Annexes No. (1) and (2) attached to this Resolution according to the following criteria: a. Resistance to combustion for textile products for babies and children. b. The content of harmful materials and heavy metals in textile products. c. The requirements of the care label and the components label, and the requirements

-- 4 of 22 --

Cabinet Resoluti…

Article (4) Requirements for Conformity Assessment 1. The product conformity to the requirements of this Resolution shall be verified through the following: a. Verifying that the Supplier has registered the product with ESMA in the Emirates Conformity Assessment Scheme (ECAS). b. An acceptable conformity assessment entity shall conduct the necessary verification and assessment to determine the product's conformity to the technical requirements and the standards stipulated in Annex (1) attached to this Resolution, and any other standards approved by ESMA in this regard. 2. For the purposes of granting the product a certificate of conformity, the Supplier must: a. Use the forms approved by ESM…

Article (5) Requirements of the Label 1. The labelling for textile products must meet the requirements of the Standards stipulated in Annex No. (1), attached to this Resolution. 2. The labelling for textile products must include the Emirates Conformity Mark (ECAS) in addition to the components of the product and the chemical components of the product, in accordance with ESMA requirements. 3. The labelling for textile products must include the necessary information about the appropriate storage environment that guarantees the quality and safety of the product. 4. Textile products must have a code for the production batch, through which the product can be traced during its circulation in the m…

Article (6) Requirements for Conformity Assessment Entities The laboratories that conduct textile product examinations and tests and that issue examination reports must be approved and accepted by ESMA, according to Cabinet Resolution No. (35) of 2015 Concerning the UAE Scheme for Monitoring Conformity Assessment Entities.

Article (7) Market Monitoring and Surveying 1. When the product is put on the market, it is subject to monitoring, and ESMA or the Competent Authority, as the case may be, shall monitor it to ensure that it continues to conform to the requirements and conditions for obtaining the Certificate of Conformity in all stages of the Supply Chain; and for this purpose it may take any of the following

-- 6 of 22 --

Cabinet Resolution of 2019 Regarding the UAE Scheme for the Control of Textile Products 7 measures: a. Inspecting and sampling the product and conducting the necessary examinations. b. Ensuring that all customs ports in the State are obligated to prohibit its import or entry and offering…

Article (8) Violations and Sanctions 1. Without prejudice to any penalty or measure stipulated in Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardization and Metrology and its amendments, and other relevant legislation, if a violation of any of the provisions of Articles (3) and (4) of this Resolution is committed, ESMA or the Competent Authority, as the case may be, may impose one or more of the following administrative sanctions: a. Coordination with the Licensing Authority to cancel the commercial license of the Supplier responsible for the violation.

-- 7 of 22 --

Cabinet Resolution of 2019 Regarding the UAE Scheme for the Control of Textile Products 8 b. C…

Article (9) Grievance Procedures 1. A grievance may be filed against the decisions issued pursuant to the provisions of Article (8) of this Resolution, provided that the following is adhered to: a. Submitting the grievance to the Director General in accordance with the procedures specified by ESMA, within a period not exceeding (14) business days as of the date on which the violator is notified of the decision he wishes to grieve against. b. All necessary documents explaining the reason for the grievance shall be enclosed. 2. The Director General shall issue the decision he deems appropriate regarding the grievance submitted in accordance with the provisions of this Article within a period n…

Article (10) Transitional Provisions a. The Supplier must register the product in the Emirates Conformity Assessment Scheme (ECAS) in the Authority, within a period not exceeding (180) days as of the date of publishing this Resolution in the Official Gazette. b. Textile products in the market that are not in compliance with the provisions of this Resolution shall be granted a period not exceeding one year as of the date of publication of this Resolution in the Official Gazette to reconcile statuses.

-- 8 of 22 --

Cabinet Resolution of 2019 Regarding the UAE Scheme for the Control of Textile Products 9

Article (11) General Provisions 1. For the purposes of implementing the provisions of this Resolution, the Approved Standard stipulated in Annex No. (1), attached to this Resolution shall be deemed as a mandatory standard in the State, and the Board may adopt any other standard required to implement the provisions of this Resolution, in accordance with the Law. 2. ESMA shall receive and study requests for product registration and conformity and issue the necessary decisions thereon, and it may appoint an acceptable conformity assessment entity to assess the product conformity, according to the relevant legislation. 3. ESMA shall set the necessary procedures to implement the provisions of thi…

Article (12) Repeals Any provision that contradicts or contravenes the provisions of this Resolution shall be repealed.

Article (13) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication. Mohammed Bin Rashid Al Maktoum Prime Minister Issued by us: On: 3 Dhul Hijjah 1440 H Corresponding to: 4 August 2019 AD

-- 10 of 22 --

Cabinet Resolution of 2019 Regarding the UAE Scheme for the Control of Textile Products 11 Annexes to Cabinet Resolution No. (54) of 2019 Regarding the UAE Scheme for the Control of Textile Products Annex No. (1) Standards for Testing Methods Necessary for Conformity of Textile Products Criterion Technical Requirements Standard 1. Resistance to combustion - Textile products f…