UAE Environmental / ESG LawThe Cabinet Resolution No. (33) of 2018 Regarding the Circulation of the Waste Oils

Article (1) Definitions In application of Provisions of this Resolution, the following words and phrases shall have the meanings assigned to them, unless the context indicates otherwise: 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 to a change in the physical properties thereof; thereby, it must be phased out or treated according to Provisions of this Resolution for permitting the reuse thereof. Treating Waste Oi…

Article (2) Resolution’s Objectives This Resolution is aiming at regulating activities of waste oils circulation and preventing it from polluting the environment or causing harm to public health.

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Article (3) Scope of Application Provisions of this Resolution shall be applied as follows: 1. For facility and all activities related to waste oils circulation in State including, activities in free zones. 2. All waste oils including oils of machineries, engines, hydraulics and gears, and oils used for lubricating or any combination thereof, excluding oils in which polychlorinated biphenyls (PCBS) exceed (50) ppm or (50) mg/litre and can not be treated and may not be reused.

Article (4) Licenses and Permits 1. Any activity related to circulation of the waste oils shall be prohibited unless getting a license from the competent authority. 2. An application to get a license to exercise any activity related to circulation of the waste oils shall be submitted to the competent authority attached to documents required for such purpose. 3. An application to get a permit of export or passage (transit) of waste oil shipments shall be submitted to the Ministry attached to documents required for such purpose.

Article (5) Facility Obligations Facility must be committed to the following: 1. Waste oils shall not be phased out in any way violating Provisions of this Resolution or any other regulatory resolutions. 2. Waste oils treated shall not be used for generating energy in establishments, factories or houses except after getting prior written approval from competent authority. 3. Waste oils shall be collected in containers or tanks non-leakable and free from cracks, fractures and tightly sealed. 4. Ground of the area allocated for collecting waste oils shall not permit the passage of liquids and has barriers preventing any leakage and shall be protected from any natural effects to prevent

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Article (6) Facility shall not be allowed to do any of the following: 1. Disposing waste oils into drainage systems, soak pits, surface or groundwater sources or into any element in the surrounding environment. 2. Using waste oils to generate energy in establishments producing food products. 3. Using waste oils in spraying roads to reduce dust emission, weed removal or any other uses.

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Article (7) Obligations of Waste Oils Transporters Transporter of the waste oils must be committed to the following: 1. He shall not transport any waste oils unless being attached to a form including all data contained in the transport form definition in Article (1) of this Resolution. 2. Waste oils shall not be transported from an Emirate to another except after getting approval from competent authorities in the relevant Emirates. 3. Waste oils shall be transported in vehicle licensed to transport dangerous residues and fulfil requirements determined by the competent authority. 4. Waste oils shall not be mixed with each other, and each one shall be kept in separable drums or tanks during tr…

Article (8) Obligations of the Owner and Operator of Collection Points of the Waste Oils 1. Owner or operator of collection points of the waste oils shall be committed, as the case may be, to the following: a. Getting the license required from the competent authority. b. Collection points shall be in area determined and permitted by the competent authority. c. Not to receive any waste oils from the transporter except under a permit from the competent authority. d. Not to receive any waste oils from the transporter except under a transport form issued by the facility including data of the transport form defined in Article (1) of this Resolution. 2. In case of conducting any of the simple phys…

Article (9) Treatment unit must be committed to requirements and standards determined by the competent authority including, in particular, as follows: 1. Not to accept any waste oils except from a transporter permitted by the competent authority. 2. Not to accept any waste oils unless attached to a transport form including data determined in this Resolution and signed by the facility and transporter, and make sure that shipment is in conformity with data registered in such form. 3. Inform the competent authority of each waste oil shipment in case treatment unit refused to receive it. 4. Inform the competent authority of each change in the ownership, management and operation of the treatment…

Article (10) Treatment unit must keep forms and records of transporting waste oils for a period of no less than (3) years, and the following shall be registered therein: 1. A description of each waste oil shipment delivered and determination of name of each facility and transporter, and date of receipt and treatment. 2. A description of residues resulting from the treatment, quantity thereof and way and site of phasing it out.

Article (11) Treatment unit must submit a biannual report about the activity therein to the competent authority, provided that such report shall include data referred to in Article (10) of this Resolution, starting from the beginning of the operation of the unit and whenever required by the competent authority, and it shall submit such reports according to procedures and within period it determined for that.

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Article (12) Importing and Exporting Waste Oils 1. Any person, whether natural or legal, shall be prohibited to import waste oils to treat or phase it out inside State including, treatment unit and transporter of the waste oils. 2. Passage or export of the waste oils shall be prohibited through territory of State by any method, whether land, sea or air, unless getting a permit allowing that from Ministry.

Article (13) Residues of Waste Oils Treatment unit must keep the facility cleaned and keep environment and workers safe from risks of residues of waste oils. For such purpose, requirements and standards determined by the competent authority must be followed when phasing out residues of the dangerous or non-dangerous waste oils, it shall in particular be committed to the following: 1. Residues shall be collected in an area isolated, determined and indicated by an illustrative painting and protected from natural effects such as wind and rains and unnatural such as animals and birds. 2. Residues shall not be stored for more than three months and shall not be collected at high altitudes and shal…

Article (14) Violations and Sanctions Without prejudice to any more sever penalty stipulated in any other legislation, Ministry or competent authority shall impose a sanction or more of the administrative sanctions on any person violating Provisions of this Resolution, as the case may be, as follows: 1. Imposing an administrative penalty as follows: a. Penalty amount to AED one hundred thousand (100000) on each one violating Provisions of any of Articles (4), (5), (7), (8), (9), (10), (11) and (13) of this Resolution. b. Penalty amount to AED two hundred thousand (200000) on each one violating Provisions of any of the two Articles (6) and (12) of this Resolution. c. Penalty referred to in Cl…

Article (15) Complaint Procedures 1. Resolutions issued under Provisions of Article (14) of this Resolution may be complained, provided the commitment to the following: a. Complaint shall be submitted to authority that issued the resolution of imposing the administrative sanction, according to procedures and within periods determined by such authority. b. All documents required for showing the reason of the complaint shall be attached.

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The Cabinet Resolution of 2018 Regarding the Circulation of the Waste Oils 11 2. Authority referred to in Clause (1) of this Article shall issue the resolution it deems proper for complaining within the period it determines, such issued resolu…

Article (16) Establishments operating in the area of waste oils in State must correct situations thereof in accordance with Provisions of this Resolution within one year from the date it is enforced.

Article (17) The Minister shall issue the necessary Resolutions to implement the provisions of this Resolution in coordination with competent authority.

Article (18) Any provision contrary to or inconsistent with the provisions of this Resolution shall be repealed.

Article (19) This Resolution shall be published in the Official Gazette and shall come into effect from the day following the date of publication thereof. Mohammed bin Rashid Al Maktoum Prime Minister Issued by us: Date: 20 / Ramadan / 1439 AH Corresponding to: 05 / June / 2018 AD

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