أسئلة قانونية إماراتية عامةقرار مجلس الوزراء باعتماد اللائحة الفنية الخليجية للأجهزة والمعدات الكهربائية منخفضة الجهد

Article (1) Definitions 1. In the application of the provisions of this Resolution, the following words and phrases shall have the meanings assigned thereto, unless the context indicates otherwise: Regulation : The gulf technical regulation of the electrical appliances and equipment with low voltage and the accessories attached thereto, which are approved under the provisions of this resolution.

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 2 Authority : Emirates Authority for Standardization and Metrology Board : The Board of Directors of the authority Director General : Director Gener…

Article (1): Definitions For the purpose of applying the Provisions of this Regulation, the following words and expressions shall have the meanings ascribed thereto respectively, unless the context requires otherwise: 1. Cooperation Council: Gulf Cooperation Council for the Arab States of the Gulf (GCC). 2. Authority: GCC standardization organization (GSO). 3. Member states: the member states of the authority (United Arab Emirates, Kingdom of Bahrain, Kingdom of Saudi Arabia, Sultanate of Oman, State of Qatar, State of Kuwait, Republic of Yemen). 4. Board: board of directors of the authority. 5. Technical board: technical board of the authority. 6. Gulf committee: the committee supervising t…

Article (2) Regulation Approval 1. The gulf technical regulation of the electrical appliances and equipment with low voltage attached thereto are considered an integral part of its provisions. 2. The board of ESMA may adopt any amendments that it deems necessary in the annexes attached to the regulation, in accordance with what its provisions stipulates.

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 3

Article (2): Field of Application This regulation should be applied to the electrical appliances and equipment, according to its relevant definitions and expressions which are mentioned in article (1).

Article (3) Responsibilities of ESMA and the Competent Authority 1. For the purposes of applying this resolution, The ESMA shall assume all of the competences and responsibilities entrusted to the national competent authorities, referred to in the regulation. The authority may delegate the competent authority to control the products subject to its provisions, under its supervision. 2. The provisions of this resolution do not preclude the inspectors of the competent authority from conducting other checks to ascertain the conformity extent of the products subject to this resolution to any of the mandatory conditions stipulated in the other legislations.

Article (3): Objectives This regulation aims at determining the basic requirements of the safety of the electrical appliances and equipment and the electromagnetic compatibility requirements which should be fulfilled before placing these appliances and equipment in the market, then, moving freely within the markets of the state members.

Article (4) Violations and Penalties 1. Without prejudice to any penalty or procedure stipulated in the federal law No. (28) of 2001, concerning setting up of Emirates Specifications and Standards Authority (ESMA), amendments thereof, and the other relevant legislations, in case of violation regarding any provision of this resolution, the ESMA or the competent authority may, as appropriate, impose one of more of the following administrative sanctions: a. Coordinating with the licensing authority to revoke the commercial license of the economic operator responsible for the violation. b. Cancelling the conformity certificate granted to the violated product. c. The violator should be charged wi…

Article (4): Displaying in the Market and the Safety Goals: In order to display these electrical appliances and equipment in the market, they are required to be manufactured and produced in accordance with the good engineering practices related to the basic requirements applicable in the state members; and that they should not threaten the safety of the persons, property of environment when they are installed, maintained and used correctly and in accordance with the purposes for which they were manufactured. Annex (1) clarifies all of the safety basic requirements necessary to achieve the objectives referred to in this article.

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Cabinet Resolution of 2019 Regarding Approving…

Article (5) Grievance Procedures 1. Resolutions issued under Provisions of Article (4) of this Resolution may be complained, provided the commitment to the following: a. Submitting the grievance to the director general according to the procedures determined by the authority, within a period not exceeding (14) working days from the date of notifying the violator of the resolution of which he desires to complain. b. All documents required for showing the reason of the complaint shall be attached. 2. The director general shall issue the resolution he deems appropriate regarding the grievance submitted according to the provisions of this article within a period not exceeding (25) working days fr…

Article (5): Free Movement The state members shall take all of the necessary procedures to guarantee the free flow of the electrical appliances and equipment fulfilling the requirements of this regulation in the markets of the member states, after considering the national differences.

Article (6) General Provisions 1. The attachment of this resolution shall be deemed an integral part thereof. The Cabinet shall have the right to amend it as necessary. 2. The authority shall take the required actions to implement the provisions of this resolution. It may also authorize some of its powers to the competent authority. 3. The product shall not be imported from the countries included in the resolution of import prohibition issued by the competent authorities in the country. 4. In case there is a case that may not be treated under the provisions of this resolution, or there was a dispute arose from its interpretation or application, the matter shall be submitted to the general di…

Article (6): Electromagnetic Compatibility The electrical appliances and equipment included in this regulation should be designed and manufactured so as to meet the requirements of the electromagnetic compatibility as described in paragraph (4) of annex (1).

Article (7) Transitional Provisions The board shall have the power of issuing a resolution to determine the period of regularizing the status of the products that are subject to the provisions of this resolution so as to be of not less than one calendar year from the date of publication in the official gazette.

Article (7): Power Supply The member states ensure that no restrictions will be imposed on the electrical appliances and equipment which are more stringent than the two articles (4) and (6); and annex (1) by the authorities and bodies of power supply for the connection of the network or to provide the users of these appliances and equipment with electricity. Section Two Responsibilities of the Economic Operators

Article (8) Cancellations Any provision contrary to or inconsistent with the provisions of this Resolution shall be repealed.

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 6

Article (8): Manufacturer Responsibilities 1. The manufacturer should only place in the market the electrical appliances and equipment conforming to the requirements of this regulation. 2. When placing the electrical appliances and equipment in the market, the manufacturer shall guarantee that the design and manufacture of these electrical appliances and equipment have been conducted according to the requirements mentioned in the two articles (4) and (6); and annex (1). 3. The manufacturer shall conduct the conformity assessment according to article (20) and he should provide the necessary evidence in this regard. 4. Then the electrical appliances and equipment is proved to be conforming the…

Article (9) Publication and Enforcement This Resolution shall be published in the Official Gazette; and shall come into force as of the day following the date of its publication. Mohammed Bin Rashid Al Maktoum Prime Minister On: 29 Rabi’ II, 1440 H Corresponding to: 6 January 2019 A.D

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 7 The Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage Approved under The Cabinet Resolution No. (6) of 2019 Section One General Requirements Preamble 1. On the basis of the objectives of Gulf Cooperation Council (GCC) aimin…

Article (9): Responsibilities of the Formal Representative 1. The manufacturer can appoint a formal representative through a written power of attorney. 2. The responsibilities specified in paragraph (2) of article (8), and the preparation of the technical documents should not be within the power of attorney. 3. The formal representative should implement the tasks assigned to him in the power of

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 19 attorney which he receives from the manufacturer. The power of attorney shall allow the formal representative to perform at least the following t…

Article (10): Importer Responsibilities 1. The Importer should only place in the market the electrical appliances and equipment conforming to the requirements of this regulation. 2. The importer shall ensure that the manufacturer has taken the appropriate procedure to assess the conformity and to provide its necessary evidence. 3. The importer shall ensure that the electrical appliances and equipment have the conformity mark, and that they are accompanied with the required documents; and that the manufacturer has fulfilled the requirements mentioned in the two paragraphs (8) and (9) of article (8). 4. The importer shall not issue the declaration of the importer of the conformity of the elect…

Article (11): Distributor Responsibilities 1. The distributor should only display in the market the electrical appliances and equipment conforming to the requirements of this regulation. 2. Before displaying the electrical appliances and equipment in the market, the distributor should ensure that these electrical appliances and equipment have the conformity mark and that they are accompanied with the required documents and safety instructions in Arabic; and that the usage instructions were provided in Arabic; and that the manufacturer and importer have fulfilled the requirements mentioned in paragraphs (8) and (9) of article (8) and in paragraph (6) of article (10) of this regulation. 3. If…

Article (12): Cases in which Responsibilities of the Manufacturer are Transferred to the Importer or Distributor For the purposes of this regulation, the importer or distributor of the electrical appliances and equipment should be considered to be as the manufacturer, in terms of being subject to the responsibilities of the manufacturer in article (8) of this regulation, if any of the importer or distributor has placed any electrical appliance or equipment in the market under his name or his commercial brand; or has changed any electrical appliance or equipment placed before in the market in such a way that can affect his conformity of the applicable requirements.

Article (13): Identifying the Economic Operator 1. The economic operators should, upon request, determine for the market survey authorities every economic operator that has supplied them with electrical appliances and equipment, as well as every economic operator whom they have supplied with

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 23 electrical appliances and equipment. 2. The economic operators shall have the appropriate systems and procedures which allow them to provide the information, referred to in paragraph (1) of this article, to the market survey authorities based on its…

Article (14): Hypothesis of Conformity of the Gulf Standard Specifications The electrical appliances and equipment conforming to the gulf standard specifications or to parts of them should be considered fulfilling the basic safety requirements and the electromagnetic compatibility shown in the two articles (4) and (6); and annex (1), where these requirements are covered in the standard specifications or in its concerned parts. It is required to refer to the authority website to obtain the list of the applicable gulf standard specifications.

Article (15): Hypothesis of Conformity of the International Standard Specifications Whereas the gulf standard specifications referred in article (14) were not issued or published, the electrical appliances and equipment conforming to the international of the IEC or specified parts of it should be considered fulfilling the basic safety requirements and the electromagnetic compatibility shown in the two articles (4) and (6); and annex (1), where these requirements are covered in the international standard specifications or in its concerned parts.

Article (16): Formal Objections to the Gulf Standard Specifications 1. When a member state or the authority deems that a gulf standard specification do not meet all the basic safety requirements and the electromagnetic compatibility which it covers, and which is mentioned in the two articles (4) and (6); and annex (1), this will be

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 24 presented to the gulf committee in order to verify the conformity, accompanied with the required justifications, this committee expresses the opinion in this regard. 2. The authority should, in light of the op…

Article (17): Conformity Declaration of the Manufacturer/ Conformity Declaration of the Importer 1. Conformity Declaration of the Manufacturer: a. It should be stated in the conformity declaration of the manufacturer that all of the basic safety requirements and electromagnetic compatibility mentioned in the two articles (4) and (6); and annex (1) were fulfilled. b. The conformity declaration of the manufacturer should be in both languages Arabic and English according to the form attached in annex (5), it should include the elements mentioned, and it should determine the procedure of the conformity assessment applied to the electrical appliances and equipment according to article (20). The d…

Article (18): General Principles of the Conformity Mark 1. The electrical appliances and equipment displayed in the market shall have the conformity mark. 2. These electrical appliances and equipment shall fulfil all the requirements applicable according to the gulf requirements related to the gulf conformity mark. 3. The member states shall consider the electrical appliances and equipment which have the conformity mark according to the requisites of this regulation fulfilling the basic safety requirements and the electromagnetic compatibility shown in the two articles (4) and (6); and annex (1). 4. The electrical appliances and equipment which do not have the conformity mark or do not compl…

Article (19): Risk Analysis The manufacturer should, before placing the electrical appliances and equipment in the market, analyze the risks through defining the chemical, physical, mechanical, electrical, health, radiation risks and those related to flammability or heating, which are resulted from the electrical appliances and equipment, in addition to assessing the possibility of exposing to

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 26 such risks.

Article (20): Procedures of Conformity Assessment Applicable to the Electrical Appliances and Equipment 1. The gulf committee shall, in order to ensure the conformity, determine two lists of two categories of the electrical appliances and equipment according to their degree of hazard to persons, property and environment referred to in list (1) and list (2). 2. The electrical appliances and equipment in list (1) should be subject to the procedure of conformity assessment detailed in annex (3). 3. The electrical appliances and equipment in list (2) should be subject to the procedure of conformity assessment detailed in annex (4). 4. The electrical appliances and equipment with the certificate…

Article (21): General Principles for Dealing with the Conformity Assessment Bodies In case of recoursing to the services of a third party for conducting the conformity assessment of the electrical appliances and equipment, according to this regulation, the conformity assessment service should be assigned to accepted bodies according to the definition in article (1).

Article (22): Internal Laboratories 1. When using internal laboratories of the manufacturer or which are a part of them to issue the test reports mentioned in paragraph (1.B) of annex (3) and paragraph (2.B) of annex

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 27 (4), these labs should be independent from any manufacturing body and it should not participate in the design, production, supply, installation, usage or maintenance of any of the electrical appliances and equipment that it tests. 2. The internal labs mentioned in paragraph (1) of this article should fulfil the following req…

Article (23): Precautionary Principle The competent national authorities if the state members consider the precautionary principle as for the electrical appliances and equipment as stipulated in article (1) of this regulation, especially upon fulfilling the general obligation of regulating the market survey according to

article (24) of this regulation.

Article (24): General Obligation of Regulating the Market Survey The member states shall regulate and conduct the market survey of the electrical appliances

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 28 and equipment which were placed in the market according to the requirements of the applicable gulf technical regulations. In addition, the requisites of the two articles (25) and (26) of this regulation should be applied.

Article (25): Instructions of the Authorities of Market Survey to the Bodies Accepted for the Conformity Assessment 1. The market survey authorities may ask the accepted bodies of the conformity assessment to provide them with information related to any certificate issued or withdrawn by such authorities within the scope of its work or with the information related to any rejection to issue such certificates, including the test reports and the technical documents. 2. If the market survey authorities found that some electrical appliances and equipment do not meet the basic safety requirements and the electromagnetic compatibility stipulated in the two articles (4) and (6); and annex (1), they…

Article (26): Relation of the National Competent Authorities to the Bodies Issuing the Conformity Certificate According to IECEE CB SCHEME The national competent authorities can ask the bodies issuing the conformity certificate according to IECEE CB SCHEME to provide them with information related to any certificate issued or withdrawn by such authorities in the scope of their work. If the national competent authorities in any member state found that some electrical appliances and equipment having the conformity certificate according to IECEE CB SCHEME and do not meet the basic safety requirements and electromagnetic conformity stipulated in the two articles (4) and (6) and annex (1), it shou…

Article (27): Procedures of Dealing with the Electrical Appliances and Equipment which Represent Risks to one of the Member States 1. In case the market survey authority in any of the member states has taken procedures under the applicable gulf technical regulations related to the products which represent important risks; or in case it had sufficient reason to think that one of the electrical appliances and equipment included in this regulation represents a risk to the health or safety of people, property and environment, the authority shall conduct an assessment of the concerned electrical appliance or equipment covering all of the requirements mentioned in this list. The relevant economic…

article (27) of this regulation, the authority shall inform both of the gulf committee to

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 32 verify the conformity and the general committee of the specifications; and call them for consultation and expressing opinion; then, it issues its final resolution in this regard without delay.

Article (28): Protection Procedures of the Member States 1. In case an objection was made to the procedures taken by one of the member state after completing the procedure taken by the two paragraphs (5) and (6) of article (27) of this regulation, or in case the authority considered that the procedures taken in a certain country are violating the applicable gulf technical regulations, the authority shall without delay undertake consultations with the member states and the relevant economic operator or operators and it assesses these procedures; in the light of this assessment, it shall decide whether these procedures taken by the concerned state justified or not; and the authority shall send…

Article (29): Exchanging information - The Gulf Quick System for Exchanging Information (urgent) The notification stipulated in the paragraphs (4) and (6) of article (27) through the gulf quick system for exchanging information (urgent) indicating thereto that it is required under this regulation and the general regulation of the product safety, and all of its information and supporting evidence should be attached according to this regulation and an urgent system.

Article (30): Non-conformity of Administrative Requirements 1. Without prejudice to the article (27) of this regulation in case any of the member states found that any of the non- conformity cases mentioned below, requires the relevant economic operator to put an end to the concerned conformity: a. Fixing the conformity mark in violation of the provisions of article (18) of this regulation. b. Not fixing the conformity mark. c. There is no conformity declaration. d. Invalidity of the available conformity declaration. e. Lack or incompleteness of the technical documents. 2. If any of the non-conformity cases mentioned in paragraph (1) of this Article continue to exist, the concerned member st…

Article (31): Amendments and Applications Procedures 1. The authority may, in order to keep abreast of the technical and scientific developments, conduct, through the gulf committee of verifying the conformity, the following: a. Updating paragraph (e) of the (second) part of annex (1) attached to this regulation. b. Reconsider in annex (2) attached to this regulation. c. Issuing, reviewing and publishing the two lists (1) and (2) mentioned in paragraph (1) of article (20). 2. The amendments conducted by the gulf committee for verifying the conformity according to this article shall be considered valid after approving it by the technical council.

Article (32): Committee Procedures The gulf committee of verifying the conformity may ask the general committee of specifications for help regarding this regulation and its amendments; and it has the right to refer any technical subject to sectoral or specialized mini-committees emerged from it. These committees may be assisted through its works with experts and consultants from outside the authority. Section Seven Administrative Provisions

Article (33): Reporting 1. The member states shall send a report to the authority about the application of this regulation after the first six months from its effective date, then each year successively thereafter. 2. The report mentioned in paragraph (1) of this article includes an assessment of the situation regarding the safety of the electrical appliances and equipment and the effectiveness of this regulation. This includes a representation of the market survey activities carried out by the member state, identifying the obstacles, giving statistical data

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipmen…

Article (34): Transparency and Confidentiality In case the national competent authorities in the member states and the authority have adopted any procedures under this regulation, it should be committed to the transparency requirements in terms of the necessity to inform the general consumers of the risks of health and safety from which they may suffer as a result of using the electrical appliances and equipment. It should also consider the confidentiality requirements in terms of not disclosing the information which is not related to health nor safety which it obtains in the context of applying the regulation and the market survey covered by the “professional confidentiality” under its natu…

Article (35): Giving Reasons of the Taken Procedures The precise foundations used, under this regulation, as a base for taking any procedures related to restricting or preventing the display of the electrical appliances and equipment in the market; withdrawing or recalling them. The concerned party should be informed of any procedure of the type mentioned in paragraph (1) of this article without delay and inform him as well of the processing means available for him under the national legislation applicable in the concerned state, and the time limits specified for conducting such process.

Article (36) Penalties 1. The member states shall enact the national legislations of the penalties applied to the economic operators which may include imposing criminal penalties in case of the important violations of the national provisions approved according to this regulation. They should also take all of the procedures that may guarantee the implementation of

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 35 such penalties. 2. The penalties referred to in paragraph (1) of this article shall be effective, deterrent and suitable for the violations. It can be increased if the economic…

Article (37): Other Relevant Regulations The general regulation of the product safety No. (BD-091005-04) should be applied to the electrical appliances and equipment where no specific text was provided in this regulation.

Article (38): Transferring the Regulation to the National Legislations in the Member States The member states whose legal systems require the transfer of the gulf regulation to national legislations before they become valid there by enacting the national legislations before the effective date of this regulation and the authority shall be notified of this on ongoing basis.

Article (39): Cancellation of the First Version of the Regulation The “conformity verification list of the electrical appliances and equipment designed to be used within the scope of a certain voltage” No. (BD07070503)- version No. (1) dated 27/11/2007 should be cancelled- as well as any gulf or national technical list of the safety of the electrical appliances and equipment in the same scope; as of the effective date of the technical list.

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 36

Article (40): Effective Date This regulation shall come into force as of the date of 1 July 2016.

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Cabinet Resolution of 2019 Regarding Approving the Gulf Technical Regulation of the Electrical Appliances and Equipment with Low Voltage 37 Annex (1) The Safety Basic Requirements of the Electrical Appliances and Equipment with Low Voltage and the Requirements of the Electromagnetic Compatibility 1. Basic Requirements: a. The main characteristics of the electrical appliances and equipment should be clearly showed and put on them so as to be hard to remove by pasting or drawing them on the electrical appliance or equipment. If this was not possible, it can be showed in a booklet…