أسئلة قانونية إماراتية عامةقرار مجلس الوزراء بشأن النظام الإماراتي للرقابة على السلالم والمشايات المتحركة الكهربائية

Article (1) Definitions 1. For the implementation of the provisions of this Resolution, and unless otherwise required by the context, the following words and expressions shall have the meanings assigned thereto: State : The United Arab Emirates. Authority : The Emirates Authority for Standardization and Metrology. Board : The Authority Board of Directors. Competent Authority : The competent local or federal authority of the State in charge of implementing the provisions of this Resolution. Conformity : Any activity used directly or indirectly for the verification of the conformity of certain product(s) to the relevant technical

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 2 requirements. Conformity Assessment Body : The entity registered, approved or accepted by the Authority to carry out the procedures of conformity assessment in accordance with the provisions of the applicable legislations in this regard including the examination and standardization laboratories, inspection authorities, worthiness testing authorities and the entities granting certificates to systems, individuals or products. Acceptable Conformity Assessment Body : The entity appointed under the provisions of this Resolution to provide conformity assessment services in the fields set by the Authority. Standard : A document setting the specifications of a good, material, service or any object subject to measurement or its specifications, properties, level of quality, dimensions, measurements or requirement of safety and security. This includes the terms, symbols, testing methods, samples, packaging, information labels and marks. Standards : The standards approved by the Authority and referred to using the expression "standards of the UAE" and the code (UAE/S) or UAE.S. Conformity certificate : A certificate issued by the Authority confirming the conformity of a product or any batch thereof to the requirements of the approved standards. Mark : Any drawing, mark, stamp, inscription or picture referring to the Authority or anything issued by the Authority regarding the standards, measurements, quality and conformity or referring to any international authority related to the standards, measurements, quality and conformity. Escalator : An inclined installation driven and operated by electric power and used for carrying persons up and down so that the conveying surface remains horizontal.

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 3 Moving Walkway : A horizontal installation driven and operated by electric power and used for carrying persons by a conveyor or moving belt so that the conveying surface remains parallel with the movement direction. Product : The escalator or moving walkway or any parts or components thereof. Inspection mark : A mark affixed by the Conformity Assessment Body to the product to indicate the tests and inspections conducted for the product under the provisions of this Resolution. Provider : The manufacturer, supplier, assembler or storekeeper of a product or any person whose activity has an impact on the product properties including the commercial or legal representative, as appropriate. Maintenance entity : Any company or individual entity licensed to practice the product maintenance activity under the relevant legislations subject to the conditions issued by the Authority in this regard. Owner : The owner of the building or facility in which the product exists or his representative. User : Any person using the product for transportation purposes. Emirates Conformity Assessment Scheme (ECAS) : The scheme issued by the Board and intended for the direct or indirect verification of product conformity to the requirements of the approved standards through certain measures carried out by the Authority including inspection, testing, standardization or issuance of conformity certificates. 2. For the purpose of implementation of the provisions of this Resolution, the technical terms used in the annex (1) hereto shall apply.

Article (3) Provider's Obligation The Provider shall: 1. Practice his business through a company or individual entity licensed in the State subject to the relevant applicable legislations. 2. Register the product at the Authority subject to the terms and conditions set for this purpose. 3. Submit all the technical documents, certificates and information proving the product conformity to the requirement of this Resolution and the standard stated in the annex (2) attached hereto. 4. Notify the competent authority of the product elaborated and prepared to be submitted to the tests and inspections required by the standards approved by this Resolution before launch for public use. 5. Provide all the available resources required by the Conformity Assessment Bodies to facilitate the procedures of inspection and testing of the product. 6. Place the warning, signs and warning devices on the product and provide it with a User Manual and use information as stated in Article (8) and (9) of this Resolution. 7. Any other obligations as decided by the competent authorities in coordination with the Authority.

Article (4) Obligations of the Conformity Assessment Bodies The Conformity Assessment Bodies shall comply with the following: 1. To be accepted by the Authority under the statutes applicable in this regard and meet the requirements of the standards UAE.S ISO 17020. 2. To submit a product validity report to the competent authority before launch for public use. Such report shall contain all the results of inspections and tests to which the product was subject after installation.

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 5 3. To keep copies of the electric drawings of the control and operation circuits of the product. 4. To cooperate with the owner, the competent authority and the provider in relation to all the assigned duties. 5. To issue and affix the inspection mark in the form indicated in the annex (4) attached hereto after ensuring the product conformity to the approved standards in any of the following cases: a. Before launching the product for public use for the first time. b. After making any significant modification to the product. c. After conducting the periodic tests of the product. 6. Any other obligations as decided by the Authority in coordination with the competent authorities.

Article (5) Obligations of the Maintenance Entity The maintenance entity shall comply with the following: 1. To meet the technical conditions and requirements set by the Authority to ensure its efficiency for the product maintenance. 2. To keep a log for every product subject to maintenance. The log shall contain the following: a. A report on the carried out maintenance works as well as the spare parts or components replaced or added to the product. b. The complaints received from any user. 3. To immediately notify the competent authority and the owner of the product which poses risks when used for exclusion from public service until the necessary maintenance works are carried out. 4. To notify the competent authority about the product to which main modifications have been made as set by the standard UAE.S GSO EN 115-1 – for the safety of escalators and moving walkways – first part: construction and installation, as shown in the annex (2) attached hereto for re-examination and issuance of conformity certificate before re- launch for public use. 5. Any other obligations as decided by the Authority in coordination with the competent

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 6 authorities.

Article (10) Conformity Assessment Procedures The Conformity Assessment Procedures should include the following: 1. To ensure that the product meets all the requirements of this Resolution as well as the relevant approved standards as set forth in the annex (2) attached hereto. 2. The product shall be subject to all the tests and examinations stated in the standard UAE.S GSO EN115-1, including a test launching the product for public use for the first time and after making significant modifications as well as the periodic tests referred to in Article (1) of this Resolution. The tests and examinations should be conducted by an acceptable Conformity Assessment Body. 3. Not to launch any product for public use unless after obtaining a conformity certificate to be granted upon a validity report issued by an acceptable Conformity Assessment Body. Such conformity certificate shall be renewed on annual basis after conducting all the necessary tests and examinations.

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 8 4. To verify that the dimensions of the space assigned for the installation of the escalator conform to the standards UAE GSO ISO: 9589 to meet the safety requirements set in the standard UAE.S GSO EN115-1. 5. To ensure the application of the standard UAE.S GSO EN 11-1 related to the rules of improvement of the safety of product launched for public use for the purpose of improvement of the safety and performance of the product installed before the issuance of this Resolution if a request in this regard is submitted by the provider so that the product becomes of the same level as the new products launched for public use after the implementation of this Resolution.

Article (11) Periodic Tests and Maintenance In the periodic tests and maintenance of the product, including the product launched for public use before the implementation of this Resolution, the following shall be taken into account: 1. Replacement or repair, if possible, of any parts proved to be damaged during the periodic maintenance of the product. All such operations shall be conducted in accordance with the standard UAE.S GSO EN 13015. 2. The repetition of periodic maintenance of the product shall not cause any damage to the product. 3. All the periodic tests and examinations shown in the standard UAE.S GSO EN 13015 shall be conducted. 4. To comply with the general maintenance instructions and the maintenance manual referred to in the standard UAE.S GSO EN 13015 in relation to the maintenance of the escalators and elevators – safety guidelines rules.

Article (12) General Provisions 1. For the purposes of implementation of this Resolution, the approved standards as set forth in the annex (2) attached hereto shall be deemed as obligatorily applicable standards in the State, and the Board may approve any other standard required for the implementation

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 9 of the provisions hereof. 2. The Authority shall set the procedures required for the implementation of the provisions hereof and shall be authorized by all the competent authorities to control the products subject to the provisions hereof and subject to its supervision. 3. The Authority shall issue the technical conditions and requirements that should be met by the maintenance entity. 4. The Authority shall receive, study and approve any application for the registration and conformity of products covered by the provisions of this Resolution and shall be authorized by the competent authorities to appoint an acceptable Conformity Assessment Body to assess the product conformity in accordance with the legislations applicable in this regard. 5. The competent authority shall be responsible to ensure the provider's compliance with the provisions of this Resolution and for the implementation of the necessary procedures to ensure the product conformity to the standards referred to herein including the procedures of inspection, control, examination and testing. 6. The attached annex constitute an integral part of this Resolution, and the Board of may amend any of such annexes whenever required. 7. The provisions of this Resolution shall not prevent the inspectors of the competent authorities from conducting other tests and inspections to ensure the product conformity to the obligatory conditions set forth in the other laws and technical regulations. 8. All the entities subject to the provisions of this Resolution should cooperate with the inspectors of the Authority and the competent authorities and provide them with the information they request. 9. If any case is not covered by the provisions of this Resolution or if any dispute arises regarding their application, the Director General may take the action he deems appropriate regarding such case or dispute. 10. The product suspended from service for being hazardous may not be re-launched to public use unless after the rectification of its condition and the approval of the competent authority.

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 10

Article (13) Transitional Provisions 1. The competent authorities, the provider, the Conformity Assessment Body, the maintenance entity and the owner, as appropriate, must take the necessary actions to comply with all the requirements of the provisions of this Resolution within one year from the date of publishing the Resolution in the Official Gazette. 2. No new product may be launched for service after the expiration of the period referred to in item (1) of this Article unless it complies with the provisions of this Resolution. 3. The provider may submit a request to the Authority to apply the standard referred to in item (5) of Article (10) of this Resolution to improve the safety of the product launched for public use before the implementation of this Resolution to be of the same level as the new products launched for public use.

Article (14) Breaches and Penalties 1. In case of seizure of any breach of the provisions of this Resolution, the Authority or the competent authority, as appropriate, shall take the necessary actions to remove such breach and the resulting impacts. For this purpose, they may: a. Suspend the use of the product threatening the safety of the user. b. Request the breaching party to rectify the status of the product within a period they set. c. Request the breaching party to withdraw the product, keep under custody, return to the country of origin or destroy the product within the period set by the Authority or the competent authority, as appropriate,. 2. Without prejudice to any more severe penalty stated in the applicable legislations, whoever breaches the provisions of this Resolution shall be punished with the penalties set forth in Federal Law No. (28) of 2001 establishing the Emirates Authority for Standardization and Metrology, as amended. 3. The Authority and the competent authority, after coordination with the Authority, may take the appropriate actions regarding the product that is not conforming to the provisions of this Resolution including the withdrawal or cancellation of the conformity certificate of

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Cabinet Resolution of 2016 Regarding the UAE Regulation on Controlling the Electrical Escalators and Moving Walkway 11 the breaching products, withdrawal of the non conforming product from the market or from public use, as appropriate.