General UAE Legal Questions LawCabinet Resolution No. (64) of 2022 Concerning the National Metrology System

Article (1) Definitions In the application of the provisions of this Resolution, the following words and expressions shall have the meanings indicated opposite each of them unless the context requires otherwise: United Arab Emirates (UAE). : State Ministry of Industry and Advanced Technology. : Ministry Minister of Industry and Advanced Technology. : Minister The Federal and Local Government Authorities in the State that falls within its jurisdiction to implement any of the provisions of this resolution. : Competent Authorities Any Governmental Entity, whether Federal, Local or Private, officially authorised by the Ministry to carry out any of its tasks and powers stipulated in the provisions of this Resolution. : Authorised Agency The Authority authorised by the Ministry to maintain the national measurement standards approved in the State and their maintenance. : Emirates Metrology Institute (EMI) Machines, tools and devices intended for measurement purposes, including direct measurements such as scales, measures, lengths, standard units, etc., as well as indirect measurements such as thermometers, pressure gauges, water and electricity meters, etc. : Measuring Devices Measuring Device used in trading, or which, in some form or other, affects the health and safety of individuals or the environment as a result of not being given correct indicators. : Measuring Device Product contained in a box or packaged in any way, and the nominal or actual quantity of which has been determined and fixed on the Statement card before it is offered for sale or in the absence of the buyer, and the actual quantity inside of which is difficult to change without : Pre- Packaged Packages

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Cabinet Resolution of 2022 Concerning the National Metrology System 3 opening it or making a tangible modification to it. The Pre-Packaged Package consists of the product and the packaging material. All activities of legal metrology, including Legal Control of Measuring Devices, metrological supervision, metrological expertise and all operations for examination and proof. : Legal Metrological Control Conformity Assessment Measure (other than the Type Assessment Measure) that results in the installation of a Confirmation Mark and/or the issuance of a Confirmation Certificate. : Metrological Confirmation The processes that are conducted to define the efficiency and accuracy of Measuring Devices and Tools. : Calibration Resolution that is issued, based on the Type Assessment report, certifying that this type of Measuring Device meets its legal Requirements, and accordingly issues a Type Approval Certificate. : Type Approval Anyone whose activity has an impact on the characteristics of the product, including the Manufacturer, importer, carrier, assembler, agent, warehouse, or any major or subsidiary distributor or any legal representative who is responsible for the import, installation, and operation of the product subject to the provisions of this Resolution, and who carries out his activity through a licensed company or individual establishment in the State in accordance with the relevant legislation. : Supplier

Article (2) Jurisdictions of the Ministry In order to implement the provisions of this resolution, the Ministry shall exercise all the tasks and powers necessary to regulate metrology work within the State, including the following: 1. Determine the necessary national measuring references based on the needs of the State. 2. Supervise the Emirates Metrology Institute (EMI) to ensure the continuity of preserving and maintaining the basic measurement references approved in accordance with international practices, in coordination with the Competent Authorities.

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Cabinet Resolution of 2022 Concerning the National Metrology System 4 3. Support the industrial sector by providing the necessary measurement standards required for the industry and calibration services to provide a series of standards used to the national measurement standards in coordination with the Emirates Metrology Institute (EMI). 4. Cooperate with the Emirates Metrology Institute (EMI) to meet the requirements of the Mutual Recognition Agreement for Measurement and Calibration Results in accordance with the requirements of CIPM Mutual Recognition Arrangement (CIPM-MRA) 5. Approve a policy for studies and research that aims to develop national measurement standards to meet the future needs of the State, artificial intelligence and advanced sciences, in cooperation with the Relevant Authorities. 6. Supervise the application of the International System of Measurement Units and following up on scientific developments related to it. 7. Determine the Measuring Devices that are subject to the requirements of Type Approval or metrological verification in accordance with international practices. 8. Control of Measuring Devices and Pre-Packaged Packages. 9. Ensure that Measuring Devices comply with all technical requirements specified in their Technical Regulations. 10. Register entities working in the field of Measuring Device repair in accordance with the regulations issued in this regard.

Article (3) Authorisation of Measuring Activities 1. The Ministry may authorise any of its powers and competencies in the field of scientific and industrial metrology or Legal Metrological Control to any governmental or private entity that has the technical and administrative competence necessary to exercise those powers and competencies. 2. The Ministry undertakes the task of supervising and monitoring the exercise by the authorised bodies of the metrological powers and authorities granted to them to ensure the efficiency of these bodies in the field of authorisation and in accordance with the relevant technical and organisational regulations.

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Cabinet Resolution of 2022 Concerning the National Metrology System 5

Article (6) Measurement Units 1. The Measurement Units mentioned in the following items shall be adopted as legal Measurement Units in the State: a. The International System of Measurement Units issued by the International Bureau of Weights and Measures, which includes the names and symbols of basic and derived measurement quantities, their units and prefixes. The Arabic symbols issued by the Arab Industrial Development, Standardization and Mining organisation for measurement units, their names and prefixes are adopted.

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Cabinet Resolution of 2022 Concerning the National Metrology System 6 b. The Measurement Units specified in the instructions issued by the Ministry and the scope of their use are not included in the National System of Measurement Units. c. Measurement Units derived from the basic units of measurement used in the International System of Measurement Units. 2. No Basic Measurement Units or Units derived from them other than the Legal Measurement Units approved in the State in commercial transactions may be used.

Article (7) Administrative Penalties 1. Without prejudice to any penalty stipulated in Federal Decree-Law No. (20) of 2020 regarding specifications and standards and other related legislation, the Ministry or the Competent Authority, as the case may be, in the event of a violation of any provision of this resolution and the regulations and systems issued pursuant thereto, may impose one or more of the following Administrative Penalties: a. Noticing the Violator. b. Seize the Measuring Devices or Products that are in violation until the situation is corrected in accordance with the time period specified by the Ministry or the Competent Authority. c. Withdraw, retrieve or remove the Measuring Device or violating products, and charge the violator the expenses and costs of removing and treating the damages resulting from the violation in the event that he does not withdraw, retrieve, remove or treat in accordance with applicable legislation. d. Coordinate with the licensing Authority to cancel the commercial licence of the Violating Supplier. e. In the event that the Competent Authority detects violations related to metrological control, it has the right to take legal measures in accordance with applicable legislation. 2. The Ministry or the Competent Authority, as the case may be, may take any of the following precautionary measures in the event of a warning penalty being imposed, depending on the nature of the violation: a. The violator shall sign a pledge not to repeat the violation.

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Cabinet Resolution of 2022 Concerning the National Metrology System 7 b. The Violator signs a pledge not to trade the Measuring Devices or Products until the situation is corrected in accordance with the time period specified by the Ministry or the Competent Authority.

Article (8) Grievance 1. Resolutions issued pursuant to the provisions of Article (7) of this resolution or if the product is not granted Conformity Certificate, may be appealed provided that: a. Submit the grievance to the Minister or to the Head of the Competent Authority, as the case may be, or to whomever they delegate in accordance with the procedures determined by the Ministry or the Competent Authority, within a period not exceeding (14) fourteen days from the date of informing the Violator of the decision he wishes to appeal against, or within a period of A maximum of (60) days from the date of informing the Supplier of the decision not to approve granting the product a Conformity Certificate. b. The necessary documents explaining the grievance reason shall be attached. 2. The Minister or the Competent Body Head shall issue the Resolution he deems appropriate concerning the grievance submitted in accordance with the provisions of this Article within a period not exceeding (25) twenty working days as of its submission date. Also, the resolution issued in this regard shall be deemed final. The grievance shall be considered rejected in the event that no action is taken during the period specified in this Clause.