UAE Environmental / ESG LawCabinet Resolution No. (10) of 2017 Regarding the UAE Regulations of Control of Hazardous Substance Ratios in Electric and Electronic Devices

Article (1) Definitions 1. For applying the provisions hereof, and unless otherwise required by the context, the following words and expressions shall have the meanings assigned thereto: The State : The United Arab Emirates ESMA : Emirates Authority for Standardization and Metrology (ESMA) The Board : ESMA Board of Directors The Director General : The Director General of ESMA The Competent Authority : The federal or local authority concerned with the implementation of the provisions hereof.

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Cabinet Resolution of 2017 Regarding the UAE Regulation for Control of Hazardous Substance Ratios in Electric and Electronic Devices 2 Standard : A document that defines the specifications…

Article (2) Scope of Application The provisions hereof shall apply to all the products set forth in Annex (1) attached hereto with the exception of the products intended for any of the uses stated in Annex (3) and Annex (4) attached hereto.

Article (3) Technical Requirements 1. The concentration of hazardous substances in a product may not exceed the ratios specified in Annex (2) attached hereto in all the products subject to the provisions hereof including the cables and spare parts necessary for their repair, reuse, update and leveraging the level of their performance. 2. The ratio of concentration of hazardous substances referred to in item (1) of the present Article shall be calculated by referral to the weight of homogenous substances in the part where such substances are used.

Article (4) Supplier’s Obligations In any stage of the supply chain stages, the supplier shall: 1. Conduct its business through an individual company or corporation registered and holding a license according to the legislations applicable in the State. 2. Meet the requirements hereof particularly ensuring the availability of the requirements of the technical standard and the product conformity to the approved standards indicated in Annex (6)

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Cabinet Resolution of 2017 Regarding the UAE Regulation for Control of Hazardous Substance Ratios in Electric and Electronic Devices 4 attached hereto. 3. Cooperate with ESMA and the competent authorities and provide them with the require…

Article (5) Conformity Assessment For the purposes of granting the conformity certificate to the product, the following requirements must be fulfilled: 1. Conducting the product conformity assessment by an assessment entity acceptable to ESMA in accordance with the relevant legislations. 2. Meeting the requirements of the Emirates Conformity Assessment Scheme (ECAS) in the conformity form (A) approved by ESMA. 3. Meeting the requirements of the technical standards as well as the terms, conditions and specifications referred to herein. 4. Providing the following documents by the manufacturer: a. General description of the product b. Detailed description of the product design including a list…

Article (6) Monitoring and Surveying the Market 1. No product may be displayed or sold unless it meets the conditions hereof. 2. ESMA and the competent authorities, as appropriate, shall have the right to take samples from the product to verify its conformity to the requirements and conditions specified in this Resolution. 3. In case the product launched in the market does not meet the requirements hereof, ESMA or the competent authorities shall have the right to take the necessary measures. Such measures may include the withdrawal from market and cancellation of the conformity certificate issued to the supplier. The supplier shall be responsible for all the resulting costs. 4. The supplier…

Article (7) Penalties and Fines In case any breach of the provisions and requirements hereof is committed, ESMA or the competent authority, as appropriate, shall take the necessary action for removal of the results of such breach including the following: 1. To oblige the person responsible for the breach to withdraw the product from the market to remedy the breach or adjust its position, re-export the product to the country of origin if the product is imported or damage the product if it is local according to the procedures and within the period set by ESMA for this purpose. 2. To follow up with the implementation of the procedures required for the withdrawal of the product or any other proc…

Article (8) Grievance Procedures 1. The supplier may file a grievance against the decisions and acts issued by virtue of the items (1) and (2) of the Article (7) hereof subject to the compliance with the following conditions: a. Submission of a written application to ESMA within not more than (14) business days from the date of being notified of the decision or the act from which he grieves. b. Attachment of all the necessary documents explaining the grievance reasons. 2. A committee shall be formed in ESMA by a resolution from the Director General to settle the grievances filed under the provisions of the present Article. Such committee shall have in its membership specialized and qualified…

Article (9) General Provisions 1. For the purposes of implementation hereof, the approved standards as set forth in Annex (6) attached hereto shall be deemed as obligatorily applicable standards in the State, and the Board may approve any other standard required for the implementation of the provisions hereof in accordance with the provisions of Federal Law No. (28) of 2001 referred to above. 2. ESMA shall receive and study all the product registration and conformity applications and shall issue the necessary decisions in this regard. It may appoint a Conformity Assessment Body to assess the product conformity according to the applicable legislations. 3. ESMA shall set the procedures require…

Article (10) Transitional Provisions 1. The products specified in annexes (7) and (8) attached hereto shall be subject to a transitional period according to the date set for each of them, and the applicable resolutions and laws shall remain in force till such date. 2. Notwithstanding the provision of item (1) of the present Article, the provisions hereof may apply to the products referred to in annexes (7) and (8) attached hereto if the provider so wishes provided that he should comply with the provisions hereof.

Article (11) Repeals Any provisions in violation of or conflicting with the provisions hereof shall be repealed.

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Cabinet Resolution of 2017 Regarding the UAE Regulation for Control of Hazardous Substance Ratios in Electric and Electronic Devices 8

Article (12) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall come into force from the day following the publishing date. Mohammed bin Rashid Al Maktoum Prime Minister Issued on 12 Rajab 1437 AH Corresponding to 15 April 2017 AD

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Cabinet Resolution of 2017 Regarding the UAE Regulation for Control of Hazardous Substance Ratios in Electric and Electronic Devices 9 Annex 1 Annexes to the Cabinet Resolution No. (10) of 2017 Regarding the UAE Regulations for Control of the Ratios of Hazardous Substances in the Electric and Electronic Devices Annex No. (1) Electric and Electronic Devices No. Categories Types 1 Large household appl…