Executive Council Resolution No. (52) of 2022
Concerning Reduction of the Use of
Single-use Bags in the Emirate of Dubai[1]
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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.
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. |
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.
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.
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.
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.
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.
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.
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.
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.
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.