Executive Council Resolution No. (52) of 2022

Concerning Reduction of the Use of

Single-use Bags in the Emirate of Dubai[1]

ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ

We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Federal Law No. (12) of 2018 Concerning Integrated Waste Management;

Federal Law No. (15) of 2020 Concerning Consumer Protection;

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (13) of 2011 Regulating the Conduct of Economic Activities in the Emirate of Dubai and its amendments;

Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai and its Implementing Bylaw;

Law No. (5) of 2021 Concerning the Dubai International Financial Centre;

Law No. (20) of 2021 Establishing the Department of Economy and Tourism in the Emirate of Dubai;

Decree No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;

The Order of 1961 Establishing the Dubai Municipality;

The Order Concerning Compliance with Public Health and Safety and Environment Protection in the Emirate of Dubai, issued on 21 January 2004;

Local Order No. (61) of 1991 Concerning Environment Protection Systems in the Emirate of Dubai;

Local Order No. (11) of 2003 Concerning Public Health and Community Safety in the Emirate of Dubai and its amendments; and

The Legislation establishing and regulating free zones in the Emirate of Dubai,

Do hereby issue this Resolution.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

Emirate:

The Emirate of Dubai.

Competent Entity:

A Government entity in charge of licensing Economic Activities in the Emirate, including the Department of Economy and Tourism and the authorities supervising Special Development Zones and free zones, such as the Dubai International Financial Centre.

Director General:

The director general of a Competent Entity or any other officer holding a similar position.

Consumer:

A natural or legal person who obtains a Commodity from a Vendor to meet his needs or the needs of others.

Vendor:

A natural or legal person who is licensed by a Competent Entity and who sells Commodities to Consumers. This includes, without limitation, traditional and online retail stores, restaurants, pharmacies, and establishments engaged in the delivery of Commodities.

Commodity:

A natural material or an industrial, agricultural, or animal product traded by a Vendor.

Single-use Bag:

A biodegradable or other plastic bag, a paper bag, or a bag made of plant fibre whose thickness is less than seventy-five (57) micrometres and which is used to carry and transport Commodities.

Objectives of the Resolution

Article (2)

This Resolution aims to:

1.     protect the local natural environment and biological and animal wealth;

2.     encourage community members to adopt sustainable and environment-friendly behaviours; and

3.     encourage the private sector and the local market to provide sustainable alternatives to Single-use Bags, in line with the principles of circular economy aimed at reusing materials and products in the local economy in a sustainable manner.

Scope of Application

Article (3)

This Resolution applies to the use of Single-use Bags by all Vendors and Consumers in the Emirate, including in Special Development Zones and free zones, such as the Dubai International Financial Centre.

Functions of the Dubai Municipality

Article (4)

For the purposes of this Resolution, the Dubai Municipality will, in coordination with the Competent Entities, have the duties and powers to:

1.     organise awareness campaigns aimed at encouraging community members to reduce the use of Single-use Bags;

2.     encourage Vendors to support the projects, initiatives, and programmes aimed at reducing the use of Single-use Bags and to provide sustainable alternatives to the same;

3.     build partnerships with the private sector to finance environmental projects from the proceeds of the sale of Single-use Bags prescribed under this Resolution; and

4.     exercise any other duties or powers assigned to it by the Chairman of the Executive Council and related to the achievement of the objectives of this Resolution.

Price of Single-use Bags

Article (5)

a.     The price of a Single-use Bag is hereby set at twenty-five fils (AED 0.25) per bag.

b.    The price prescribed in paragraph (a) of this Article will be charged by Vendors for each transaction in which a Single-use Bag is used.

Obligations of Vendors

Article (6)

A Vendor must:

1.     disclose the price of Single-use Bags to Consumers at the time of purchasing Commodities;

2.     collect the price prescribed under Article (5) of this Resolution without any increase or decrease in the amount of the same; and

3.     actively participate in the projects, initiatives, or programmes aimed at reducing the use of Single-use Bags; and provide appropriate alternatives as determined by the concerned entities in this respect and at reasonable prices.

Administrative Penalties and Fines

Article (7)

a.     Without prejudice to any stricter penalty stipulated in any other legislation, a Person who violates the provisions of Article (6) of this Resolution will be punished by a fine of two hundred dirhams (AED 200.00).

b.    Upon repetition of the same violation within one (1) year from the date of the previous violation, the amount of the fine referred to in paragraph (a) of this Article will be doubled. A doubled fine must not exceed ten thousand dirhams (AED 10,000.00).

c.     The fines collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.

Law Enforcement

Article (8)

a.     The employees of a Competent Entity nominated pursuant to a resolution of its Director General will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of this Resolution. For this purpose, they may issue the necessary violation reports; and, where necessary, seek the assistance of police personnel.

b.    For the purpose of verifying the thickness of Single-use Bags and the materials of which they are made, a law enforcement officer may request a Vendor to provide him with the identification tag of the bags he offers to Consumers when purchasing Commodities.

Grievances

Article (9)

Any affected party may submit a written grievance to the Director General against any decision, procedure, or administrative penalty taken against him under this Resolution within ten (10) days of being notified of the contested decision, procedure, or administrative penalty. The grievance will be determined, within ten (10) days from the date of its submission, by a committee formed by the Director General for this purpose; and the decision on the grievance will be final.

Commencement and Publication

Article (10)

This Resolution comes into force on 1 July 2022, and will be published in the Official Gazette.

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 13 August 2022

Corresponding to 15 Muharram 1444 A.H.



2022 The Supreme Legislation Committee in the Emirate of Dubai

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.