General UAE Legal Questions LawCabinet Resolution No. (13) of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology

Article (1) Definitions In application of the provisions of this Resolution, the following words shall have the assigned meanings thereto, unless the context requires otherwise: State : United Arab Emirates (UAE). Ministry : Ministry of Industry and Advanced Technology. Minister : Minister of Industry and Advnaced Technology. Competent Authorities : Ministries, federal agencies, local departments in each Emirate, or the private sector that the Ministry authorises, under contracts concluded with it, to provide the services stipulated in this resolution, and the authorities concerned with market control and product inspection, in accordance with applicable legislation. Metrology : Metrology and its applications. Type Approval : A declaration issued by the Ministry stating that this type of measuring instrument meets its mandatory requirements and that it can be used in the Legal Metrology Council, where it is expected to give reliable measurement results for a specified period of time. Conformit to the Type Approval : Examination and assessment of measuring instruments to determine the extent to which all measuring instruments, or all shipments, batches, or produced instruments, comply with their mandatory requirements according to the approved type. Verification : A procedure that includes examining the measuring instrument, affixing metrological marks and/or issuing a verification Certificate for it in accordance with the regulations and systems issued by the Ministry, to ensure its compliance with the mandatory requirements and to certify that.

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Cabinet Resolution of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 3 Standard Specification : A document specifies the characteristics of the commodity, product, service, or everything that is subject to measurement, its description, properties, quality level, dimensions, metrics or safety and security Requirements therein. It also includes terms, symbols, testing methods, sampling, packaging, labels and marks. Approved Standard Specifications : The standard approved by the Ministry, which are referred as UAE Standard Specifications and shall be abbreviated as (UAE.S). Technical Regulations : A cabinet resolution specifying the technical requirements, either directly or by reference or inclusion of the contents of a standard, technical specification or practice, which shall be mandatory applicable. Emirate Conformity Assessment Scheme (ECAS) : A Scheme issued by the Ministry, which is concerned with verifying whether the requirements specified in the approved Standard Specifications are fulfilled, directly through specific procedures conducted by the Ministry, such as inspection, examination, testing, calibration, or granting Conformity Certificates. Conformity Certificate : Certificate issued by the Ministry, which confirms that the conformity of certain product or any payment thereof with the requirements of the Approved Standard Specifications or the Technical Regulation. Mark : Any drawing, mark, symbol, stamp, engraving or image that indicates the Ministry or what it issues concerning specifications, standards, quality and conformity, or indicates any international body related to specifications, standards, quality and conformity. Emirates Quality Mark (EQM) : The mark approved by the Ministry, which is granted to the product to indicate that it conforms to the approved Standard Specifications, technical regulations, or any specification approved or adopted by the Ministry concerning products.

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Cabinet Resolution of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 4 Data Card : A document issued by the Ministry, which shows all the information for the product that has obtained a Conformity Certificate. Efficiency Card : A document issued by the Ministry, which determines the star rating of certain products according to their performance and efficiency, so that the product with the highest performance and efficiency gets a greater number of stars, up to a maximum of five stars. The Industrial Establishment : The company or institution whose products, production processes, management systems, and product safety are audited and assessed by the Ministry, for verifying the extent to which this company or institution meets the requirements of the approved Standard Specifications or any other requirements specified by the Ministry. Technical Requirements : The conditions and standards set by the Ministry that the Conformity Assessment Agency shall meet in order to obtain Registration, Accreditation or appointment. Conformity Assessment : Any Activity used directly or indirectly to confirm that the good, product, material, or service meets the relevant technical Requirements. Conformity Assessment Agency : A Body registered, approved or accepted by the Ministry to carry out Conformity Assessment Procedure in accordance with the legislations in force in this regard, it includes examination and calibration laboratories, inspection bodies, merit testing bodies, and certification bodies for systems, individuals or products. Registration : The approval issued by the Ministry, for the Conformity Assessment authority, which allows the practice of Conformity Assessment activity. Accreditation : A procedure by which the Ministry grants official recognition to Conformity Assessment Agency, declaring that it has become qualified and competent to carry out certain tasks. Appointment : The procedure issued by the Ministry to announce that the Conformity Assessment Agency has become an approved body, after verifying its

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Cabinet Resolution of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 5 capabilities to conduct Conformity Assessment on the technical requirements of products and services specified by the Ministry. Accreditation Code : The symbol consisting of the Accreditation logo and the identification number issued by the Ministry to the accredited Conformity Assessment Agency.

Article (2) Service Fee 1. In consideration of the services provided by the Ministry as shown in the Tables attached herein, the fees assigned thereto shall be collected. 2. The Ministry shall collect metrological fees for the declaration of type and conformity to the declared type in exchange for checking the Certificates and documents related to them, and they are authenticated by the Ministry. 3. In the event that the importer or manufacturer does not submit Certificate proving the type declaration or Certificate proving conformity to the approved type, the importer or manufacturer shall bear, in addition to the fees stated in this resolution, all fees and expenses incurred by the type declaration and conformity tests for the approved type, whether these tests are conducted inside or outside the State, at the entities designated by the Ministry for this purpose. 4. The Ministry shall collect fees for the following types of verification, in accordance with the resolutions and regulations issued by it: a. Initial verification. b. Periodic Verification. c. Post-Maintenance Verification. d. Optional verification. e. Surprise verification 5. In the event of optional verification, and upon the arrival of the Ministry or Competent Authority to the work site, and the inability to provide the required service due to the

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Cabinet Resolution of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 6 unavailability of the measuring instrument, or due to any other excuse by the service recipient, all the stipulated fees shall be collected from the service recipient. 6. In the event of a surprise verification, the Ministry or Competent Authority shall bear all verification fees if the measuring instrument complies with the mandatory requirements. However, if it does not comply with the mandatory requirements, and in a manner that negatively affects the rights, safety or health of individuals or the Ministry, the recipient of the metrological service shall bear the verification fees stated in this resolution.

Article (3) Violations and Administrative Penalties a. The following violations shall be subject to the administrative fines indicated opposite each one: No. Violation Description Administrative Fine (in AED) First: Violations Related to the Industrial Projects 1 Delay in renewing the initial approval for industrial project for more than (30) days from the date of expiry of the initial approval. 100 for each month of delay. It is added upon renewal and has a maximum of AED 1,000. 2 Delay in renewing the industrial licence for more than (3) days from the licence expiration date. 100 for each month of delay, with a maximum of AED 1,000. Second: Violations Related to Conformity Assessment 1 The Conformity Assessment Agency delays renewing the Registration for a period exceeding (15) days from the date of its expiry. 100 for each day of delay, with a maximum of AED 1,500. 2 Failure to submit application for approval to practice a specific activity within the 10,000

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Cabinet Resolution of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 7 period specified by the Ministry in the no- objection letter. 3 Carry out any Conformity Assessment activities without Registration. 10,000 4 Modify any of the activities of the Conformity Assessment Agency without obtaining prior approval from the Ministry. 10,000 5 Failure of the registered private agency to correct its non-conformities for a period exceeding (90) days from the date of suspension of any of its activities. 10,000 6 Delay in paying the fees due for Accreditation for a period exceeding (45) days from the date of issuing a financial claim for that. 100 for each day of delay, with a maximum of AED 3,000 7 The Conformity Assessment Agency has not obtained Accreditation in the mandatory fields and tests specified by the Ministry. 10,000 8 Use of the credential code without obtaining prior approval from the Ministry. 10,000 9 Misuse of the credential code during the credential period. 10,000 10 Issue Conformity Certificates for products and services without acceptance from the Ministry. 10,000

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Cabinet Resolution of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 8 11 Issue Conformity Certificates for products or services, or affixing marks and conformity marks during the period of suspension of the appointment or after its cancellation. 10,000 12 Failure of the Conformity Assessment Agency to comply with the technical requirements for Registration, Accreditation or appointment. 10,000 b. The value of the administrative fine shall be doubled when the same violation is repeated within one year as of the date of committing the previous violation, and not exceeding (30.000) AED thirty thousand.

Article (6) Final Provisions 1. Fees and fines stipulated in this Resolution shall be collected through the methods decided by the Ministry of Finance. 2. For fulfilling the Administrative fees and fines specified Articles (2) and (3) in accordance with this Resolution, part of the day shall be considered a full day, and part of the month shall be considered a full month. 3. The Conformity Assessment Agency shall bear all costs and expenses incurred in the follow- up operations subsequent to Registration, Accreditation or appointment, in addition to the travel, transportation and accommodation expenses of the Assessor brought from outside the State, or the expenses, transportation and accommodation of the Assessor present in the State, or any additional costs or expenses required by the assessment process. 4. The Ministry may contract with the Competent Authorities to provide the metrological services stipulated in this resolution on its behalf, and it may grant the authorities a percentage of the fees imposed on the metrological services stipulated in this resolution, provided that it does not exceed 70% of these fees. 5. The Ministry shall collect from the service recipient an amount of 2,500 AED for the benefit of the Assessor (technical expert) for each working day for each Assessor (expert) from outside the Ministry who is assisted. 6. No fees are charged to obtain the efficiency card, if the product has obtained the (5) five-star level of efficiency and performance. 7. Half of the fees stipulated in Items (28) to (31) of Table No. (1) attached to this resolution shall be collected in the event that the use of the EQM is licensed for any of the national industrial facilities. 8. All establishments that have received support from the Khalifa Fund for Enterprise Development, the Mohammed bin Rashid Establishment for SME Development, or any other federal or local agency concerned with supporting small and medium enterprises and projects, shall be exempted from the fees stipulated in items (28) to (34) of Table No. (1)

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Cabinet Resolution of 2021 Concerning the Fees for Services Provided by the Ministry of Industry and Advanced Technology 10 attached to this resolution, for a period of three years from the date on which these projects obtained the EQM. 9. The Ministry may contract with any public or private institution or company to provide the visual inspection service for imported vehicles, stipulated in Clause (38) of Table No. (1) attached to this resolution, provided that the cost of providing this service is determined by a resolution of the Minister in coordination with the Minister of Finance.

Article (8) Repeals a. The next resolutions shall be repealed: 1. Cabinet Resolution No. (22) of 2011 concerning Fees imposed on Metrological Services provided by the Emirates Authority for Standardisation and Metrology; 2. Cabinet Resolution No. (22) of 2012 concerning fees for services of selling Standard Specifications approved in the State; 3. Cabinet Resolution No. (34) of 2015 concerning fees for conformity services and the EQM; 4. Cabinet Resolution No. (36) of 2015 concerning Fees on Control Services of Conformity Assessment Agencies; 5. Cabinet Resolution No. (49) of 2019 concerning the Service Fees of the Ministry of Energy and Industry. b. Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

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