UAE Standards and Metrology Decree-Law

Article (1) Definitions

Standards, metrology and conformity

In applying the provisions of this Decree-Law, the following words and expressions shall have the meanings assigned to each of them, unless the context otherwise requires: State: The United Arab Emirates. Ministry: The Ministry of Industry and Advanced Technology. Minister: The Minister of Industry and Advanced Technology. Concerned Authorities: The federal or local government entities concerned with standards, metrology, calibration, accreditation and conformity affairs. Measuring Instruments: Machines, tools and devices intended for measurement, including direct measures such as scales, measures, lengths and reference units, and indirect measures such as thermometers, pressure gauges, water and electricity meters and others. Laboratory: The entity that performs testing and calibration. Calibration: Operations conducted to determine and control the efficiency and accuracy of measuring instruments and devices. Standard Specification: A document specifying the characteristics or descriptions of a commodity, product, material, service or anything subject to measurement, its characteristics, quality level, dimensions, measures or safety and security requirements; it also includes terminology, symbols, test methods, sampling, packaging, labels and marks. Approved Standard Specifications: Specifications approved by the Ministry, referred to as Standard Specifications of the United Arab Emirates and symbolised by (UAE.S). Technical Regulation: A Cabinet resolution specifying technical requirements, directly or by reference or incorporation, for the contents of a standard specification, technical specification or practice, which are mandatory. Mark: Any drawing, sign, symbol, stamp, inscription or image indicating the Ministry or anything it issues concerning standards, metrology, quality and conformity, or indicating any international entity connected with standards, metrology, quality and conformity. Conformity Assessment: Any activity used directly or indirectly to verify that a commodity, product, material or service satisfies the relevant technical requirements. Conformity Assessment Bodies: An entity registered, accredited or accepted by the Ministry to carry out conformity-assessment procedures, including testing and calibration laboratories, inspection bodies, proficiency-testing bodies and bodies granting certificates for systems, persons or products, excluding medical laboratories, research and development laboratories, and laboratories used for personal, training or educational purposes.

Article (2) Ministry Competencies

Standards, metrology and conformity

The Ministry shall be responsible for the following: 1. Preparing, approving, publishing, reviewing and amending Standard Specifications in coordination with the Concerned Authorities. The Minister shall issue a resolution applying the approved Standard Specifications, except for human and veterinary medicines, serums and the like. 2. Proposing and preparing a national system for measurement and calibration in coordination with the Concerned Authorities, for approval by the Cabinet. 3. Proposing and preparing a national system for conformity in coordination with the Concerned Authorities, for approval by the Cabinet. 4. Proposing and preparing national systems to monitor application of technical regulations in order to ensure the safety of products, goods and materials, in coordination with the Concerned Authorities, for approval by the Cabinet. 5. Proposing and preparing a national system for registering products, goods and materials and identifying their constituent specifications and standards, for approval by the Minister after coordination with the Concerned Authorities. 6. Proposing and preparing a national system for registering, accrediting and designating Conformity Assessment Bodies in coordination with the Concerned Authorities, for approval by the Cabinet. 7. Proposing and preparing a national system for local added value in coordination with the Concerned Authorities, for approval by the Cabinet. 8. Developing and unifying measurement means and methods and calibrating, controlling and monitoring them. 9. Harmonising Standard Specifications with international, regional or Gulf standards. The Minister shall issue the relevant resolution after coordination with the Concerned Authorities. 10. Adopting international, regional or Gulf specifications as Approved Standard Specifications and issuing them in Arabic, another language, or both. The Minister shall issue the relevant resolution after coordination with the Concerned Authorities. 11. Coordinating with the Concerned Authorities to keep, preserve and maintain approved primary measurement references for use in monitoring, auditing and calibrating measuring devices and instruments, and regulating the issue of calibration certificates. 12. Operating the laboratories and institutes necessary to conduct examinations, tests, analyses and research concerning standards and metrology, to examine and test materials and products and calibrate measuring devices and equipment, and contracting with accredited laboratories inside or outside the State. 13. Granting or recognising certificates of conformity with Approved Standard Specifications and Marks, identifying them and regulating their issue and the controls governing their use. 14. Issuing, publishing, distributing and selling publications concerning Approved Standard Specifications and standardisation. 15. Agreeing with Gulf, regional and international organisations and bodies on mutual recognition of Standard Specifications, Marks and conformity certificates in accordance with the applicable procedures and legislation, after coordination with the Concerned Authorities. 16. Preparing and issuing examination and testing requirements and technical standards for innovative products, including advanced-technology products, and procedures for harmonising them with international standards, in coordination with the Concerned Authorities. 17. Forming specialised technical councils and committees in the fields of standards, metrology, calibration, accreditation, conformity activities and local added value.

Article (3) Standard Specifications

Standards, metrology and conformity

1. The Ministry, in its capacity as the sole reference in the State, shall issue the Standard Specifications of the United Arab Emirates. No other entity may establish or issue any Standard Specifications, or use, place or draw any sign containing the words ‘Standards of the United Arab Emirates’ or ‘Standard Specifications of the United Arab Emirates’, or any similar expression or symbol in Arabic or another language that conveys the same meaning, except under a licence from the Ministry. 2. The Minister may approve optional Standard Specifications, provided that their optional application does not prejudice the following considerations: a. preserving safety, public health and the environment; b. consumer protection; c. safeguarding the public interest; and d. supporting the national economy and the policies and strategies of the industrial and commercial sector. 3. Application of Approved Standard Specifications shall become mandatory by a Cabinet resolution issued upon the Minister's proposal; they shall then be referred to as a Technical Regulation.

Article (4) Mark Registration

Standards, metrology and conformity

The Ministry is the sole entity responsible for regulating the use of Marks and shall register them; collectively, they are known as the Ministry Marks. The Ministry may grant, renew, suspend or cancel authorisation to use its Marks and may register them outside the State in accordance with rules issued by a resolution of the Minister. In all cases, Marks shall be published in the Official Gazette after their issue or approval.

Article (5) Offences and Penalties

Offences and penalties

The penalties provided for in this Decree-Law shall not prevent the imposition of any more severe penalty provided for in any other law.

Article (6) Impersonation and Unauthorised Marks

Offences and penalties

A person who commits either of the following acts shall be punished by imprisonment for not less than one year and a fine of not less than AED 30,000, or either penalty: 1. impersonating a Ministry employee authorised to act as a judicial police officer; or 2. issuing or using any Mark without a licence from the Ministry.

Article (7) Obstruction of Inspection

Offences and penalties

A person who prevents, obstructs or evades inspection, refuses to provide information, or provides information contrary to the truth shall be punished by imprisonment and a fine of not less than AED 10,000, or either penalty.

Article (8) Breach of Technical Regulations

Offences and penalties

A person who violates the Technical Regulations issued under this Decree-Law shall be punished by imprisonment and a fine of not less than AED 30,000, or either penalty, together with confiscation of the materials and products that are the subject of the violation.

Article (9) False Claims of Conformity

Offences and penalties

A person who falsely advertises, offers or sells a material or product as possessing the characteristics of Approved Standard Specifications shall be punished by imprisonment and a fine of not less than AED 30,000, or either penalty. In that event, all materials that are the subject of the violation shall be confiscated.

Article (10) Repeat Offence

Offences and penalties

In the event of a repeat offence, the court may, in addition to doubling the prescribed penalty, order permanent withdrawal of the establishment's licence.

Article (11) Breach of Implementing Resolutions

Offences and penalties

A person who violates any provision of the resolutions issued to implement this Decree-Law shall be punished by imprisonment and a fine of not less than AED 25,000, or either penalty.

Article (12) Delegation to Concerned Authorities

Final provisions

Upon the Minister's proposal, the Cabinet may authorise government or private entities to perform some of the Ministry's competencies set out in this Decree-Law, in accordance with the controls it determines in that regard.

Article (13) Judicial Police

Final provisions

Ministry employees designated by a resolution of the Minister of Justice in coordination with the Minister shall have the capacity of judicial police officers in relation to offences falling within their jurisdiction and connected with their duties.

Article (14) Implementing Resolutions

Final provisions

Without prejudice to the competencies assigned to the Cabinet, the Minister shall issue the resolutions necessary to implement the provisions of this Decree-Law.

Article (15) Repeals and Transitional Continuity

Final provisions

1. Any provision that contravenes or conflicts with this Decree-Law shall be repealed. 2. The regulations, laws and resolutions in force concerning standards, metrology, calibration, accreditation and conformity shall continue to apply until replacement instruments are issued under this Decree-Law.

Article (16) Publication and Entry into Force

Final provisions

This Decree-Law shall be published in the Official Gazette and shall enter into force from the date of its issue.