Law No. (27) of 2015

Establishing the Emirates

International Accreditation Centre[1]

ـــــــــــــــــــــــــــــــــــــــــــــــ

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Federal Law No. (28) of 2001 Establishing the Emirates Authority for Standardisation and Metrology and its amendments;

Cabinet Resolution No. (10) of 2014 Concerning the UAE Scheme for the Control of Halal Products;

The Order of 1961 Establishing the Dubai Municipality;

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

Law No. (27) of 2006 Concerning Management of the Government of Dubai Human Resources and its amendments;

Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of Dubai and its amendments;

Law No. (13) of 2013 Establishing the Dubai Islamic Economy Development Centre; and

Regulation No. (2) of 2010 Concerning Regulation of the Work of Conformity Assessment Bodies in the Emirate of Dubai,

Do hereby issue this Law.

Title of the Law

Article (1)

This Law will be cited as “Law No. (27) of 2015 Establishing the Emirates International Accreditation Centre”.

Definitions

Article (2)

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

UAE:

The United Arab Emirates.

Emirate:

The Emirate of Dubai.

Ruler:

His Highness the Ruler of Dubai.

Executive Council:

The Executive Council of the Emirate of Dubai.

EIAC:

The Emirates International Accreditation Centre.

Board of Directors:

The board of directors of the EIAC.

Chairman:

The chairman of the Board of Directors.

CEO:

The chief executive officer of the EIAC.

Conformity Assessment Body:

An entity that provides the services of testing, calibration, inspection, and/or certification of products, systems, and/ or persons in accordance with international requirements and standards.

Halal Product:

A product that complies with Islamic Sharia rules and meets technical requirements in accordance with the mandatory standards approved in the UAE.

Accreditation:

Attestation by the EIAC that a Conformity Assessment Body has demonstrated competence to carry out conformity assessment services in accordance with the international, GCC, or UAE standards and the approved Halal Product standards in the UAE, upon verifying that this entity meets the prescribed requirements and conditions.

Establishment of the EIAC

Article (3)

Pursuant to this Law, a public corporation named the “Emirates International Accreditation Centre” is established. The EIAC will have legal personality and the legal capacity required to undertake the acts and dispositions that ensure the achievement of its objectives.

Head Office of the EIAC

Article (4)

The head office of the EIAC will be located in the Emirate. The EIAC may establish branches within and outside of the Emirate.

Objectives of the EIAC

Article (5)

The EIAC aims to:

1.       promote the Emirate as the capital of Islamic economy through obtaining international recognition from concerned regional and international organisations in various areas of accreditation;

2.       facilitate trade and promote the role of the UAE and the Emirate in commerce and industry;

3.       contribute to the protection of the environment and the promotion of health and safety; support the national economy; and boost the competitiveness of economic establishments in local, regional, and international markets, through the accreditation of Conformity Assessment Bodies that grant conformity assessment certificates to products, services, and Halal conformity assessment bodies at the international level, in accordance with the relevant approved standards; and

4.       assure the quality, trustworthiness, and credibility of the certificates issued by Conformity Assessment Bodies.

Functions of the EIAC

Article (6)

For purposes of achieving its objectives, the EIAC will have the duties and powers to:

1.       accredit the services of testing, calibration, inspection, and certification of persons, systems, and products provided by Conformity Assessment Bodies within and outside of the UAE. Accreditation will be granted in accordance with the relevant requirements, conditions, and standards approved by federal, local, and international entities;

2.       accredit the services provided by Conformity Assessment Bodies supervising the work of establishments, farms, abattoirs, and other facilities categorised as Halal and issuing certificates for Halal services and products. Accreditation will be granted in accordance with the requirements, conditions, and standards approved in this respect and in coordination with concerned federal and local entities;

3.       follow up the activities of Conformity Assessment Bodies and monitor their compliance with applicable legislation, resolutions, and regulations and with the relevant standards, through audit and assessment visits to the sites where such entities provide their services;

4.       approve the procedures and mechanisms required for validating the competence of Conformity Assessment Bodies;

5.       establish the necessary requirements and criteria for the use of the accreditation symbol by Conformity Assessment Bodies including the approved Halal mark used for Halal services and products;

6.       where required, coordinate and participate with the Emirates Authority for Standardisation and Metrology and with the entities in the UAE that are responsible for developing standards and conformity systems for various products and services;

7.       develop databases and smart applications to improve the services provided by the EIAC at the local, regional, and international levels;

8.       raise awareness on the importance of the EIAC work and on the role of Accreditation in protecting the environment and in promoting health and safety;

9.       conduct and organise training programmes, workshops, and conferences related to the work of the EIAC;

10.   organise Proficiency Testing Programmes for Conformity Assessment Bodies;

11.   cooperate and participate with other entities, persons, organisations, and authorities within or outside of the Emirate in fields related to its activities and duties; and conclude any relevant agreements; and

12.   participate in international events and activities related to Accreditation and conformity, and, in coordination with concerned federal and local entities, represent the Emirate or the UAE in such events and activities.

Board of Directors

Article (7)

The EIAC will have a Board of Directors comprised of a Chairman, a vice chairman, and a number of experienced and specialised members appointed pursuant to a decree of the Ruler for a renewable term of three (3) years.

Functions of the Board of Directors

Article (8)

a.       The Board of Directors is the highest authority of the EIAC. It will undertake the general supervision of the work and activities of the EIAC, and may in particular:

1.       approve the general policy of the EIAC and supervise its implementation;

2.       approve the annual budget and final accounts of the EIAC, and submit these to competent entities for final approval;

3.       approve the organisational structure of the EIAC, and submit it to the Executive Council for final approval;

4.       approve the administrative, financial, and technical bylaws and regulations related to the work of the EIAC;

5.       approve the services, work, and activities of the EIAC;

6.       propose fees and charges for the services provided by the EIAC, and submit these to the competent entities for approval;

7.       review the annual performance reports of the EIAC, and submit these to the Executive Council for approval;

8.       form any required committees or work groups and determine their functions, and seek the assistance of the experts and specialists it deems appropriate; and

9.       perform any other duties required for the achievement of the objectives of the EIAC.

b.       The Board of Directors may delegate any of its powers under paragraph (a) of this Article to any of its members or to the CEO, provided that such delegation is specific and in writing.

Meetings of the Board of Directors

Article (9)

a.       The Board of Directors will convene at the invitation of its Chairman or, in his absence, of the vice chairman at least once every two (2) months or where necessary. Meetings of the Board of Directors will be valid if attended by the majority of its members, provided that the Chairman or vice chairman is in attendance.

b.       Resolutions and recommendations of the Board of Directors will be passed by majority vote of attending members, and in the event of a tie, the chair of the meeting will have a casting vote. Resolutions of the Board of Directors will be recorded in minutes signed by the chair of the meeting and attending members.

c.       A rapporteur will be appointed to the Board of Directors by the Chairman. The rapporteur will send invitations to the meetings of the Board of Directors, prepare meeting agendas, record minutes of meetings, follow up the implementation of its resolutions and recommendations, and perform any other duties assigned to him by the Chairman.

Executive Body of the EIAC

Article (10)

The executive body of the EIAC will be comprised of a CEO and a number of administrative, financial, and technical employees to whom Law No. (27) of 2006 Concerning Management of the Human Resources of the Government of Dubai and its amendments will apply.

CEO of the EIAC

Article (11)

a.       The CEO will be appointed pursuant to a resolution of the Chairman of the Executive Council.

b.       The CEO will be responsible directly to the Board of Directors for performing the duties assigned to him under this Law and the resolutions issued in pursuance hereof, and for performing any duties assigned to him by the Board of Directors.

Functions of the CEO

Article (12)

The CEO will undertake the direct supervision of the work of the EIAC. For this purpose, the CEO will have the duties and powers to:

1.       prepare the general policy of the EIAC, submit it to the Board of Directors for approval, and follow up its implementation;

2.       supervise the executive body, work, activities, and services of the EIAC;

3.       prepare the draft annual budget and the final accounts of the EIAC, and submit these to the Board of Directors for approval;

4.       propose the organisational structure of the EIAC, and submit it to the Board of Directors for approval;

5.       propose the administrative, financial, and technical bylaws and regulations related to the work of the EIAC, and submit these to the Board of Directors for approval;

6.       prepare and develop annual performance indicators for the EIAC, and submit the relevant periodic reports to the Board of Directors;

7.       propose the services, work, and activities of the EIAC and submit these to the Board of Directors for approval, and follow up the implementation of the same;

8.       represent the EIAC before third parties and execute contracts, agreements, and memoranda of understanding to which the EIAC is a party;

9.       form permanent and temporary committees and specialised work teams, and determine their duties with a view to achieving the objectives of the EIAC;

10.   seek assistance from experts and specialists in areas related to the work of the EIAC; and

11.   perform any other duties assigned or delegated to him by the Board of Directors.

Financial Resources of the EIAC

Article (13)

The financial resources of the EIAC will consist of:

1.       support allocated to the EIAC in the general budget of the Government of Dubai;

2.       fees and charges for the services it provides; and

3.       any other resources approved by the Executive Council.

Accounts and Fiscal Year of the EIAC

Article (14)

a.       In regulating its accounts and records, the EIAC will apply the rules and principles of government accounting.

b.       The fiscal year of the EIAC will commence on 1 January and will end on 31 December of each year, except that the first financial year of the EIAC will commence on the date on which this Law comes into force and will end on 31 December of the following year.

Transitional Provisions

Article (15)

Pursuant to this Law, all rights, obligations, responsibilities, and powers of the Accreditation Department (DAC) of the Dubai Municipality are hereby transferred to the EIAC. The EIAC may, as it deems appropriate, transfer to its employment the employees of such department without affecting their existing rights, and may appoint new employees as per work requirements.

Issuing Implementing Resolutions

Article (16)

The Board of Directors will issue the resolutions required for the implementation of this Law.

Repeals

Article (17)

Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Law.

Publication and Commencement

Article (18)

This Law will be published in the Official Gazette and will come into force three (3) months after the date of its publication.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 18 November 2015

Corresponding to 6 Safar 1437 A.H.


©2016 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.