Uae Scheme To Control Cosmetic and Personal Care Products
Uae Scheme To Control Cosmetic and Personal Care Products
Uae Scheme To Control Cosmetic and Personal Care Products
مجلس الوزراء
، بعداالطالع على الدستور-
بشأن اختصاصات الو ازرات وصالحيات الوزراء والقووانين،1790 ) لسنة1( وعلى القانون االتحادي رقم-
،المعدلة له
بش ووأن انش وواء إليا ووة امم ووارات للمواصو و ات والمق وواييس،0221 ) لس وونة02( وعل ووى الق ووانون االتح ووادي رق ووم-
،والقوانين المعدلة له
، والقوانين المعدلة له،في شأن حماية المستهلك،0222 ) لسنة02( وعلى القانون االتحادي رقم-
، في شأن النظام الوطني للقياس،0222 ) لسنة11( و على القانون امتحادي رقم-
، وبناء على موافقة مجلس الوزراء-
:قرر
Article (1)
Definitions
The following definitions shall apply for the implementation of this scheme.
Concerned Authorities: All those federal and/or local governmental authorities of the
country who have been authorized to implement the requirements
of this scheme.
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Approved Standard: A standard that is approved by ESMA and referred as United Arab
Emirates standard and abbreviated as UAE.S.
Mandatory Standard
(Technical Regulation): A standard that is mandatory to implement by the decree of
cabinet.
Conformity Certificate: A certificate issued by ESMA to the given product ensuring that
the product complies with the requirements of this scheme.
Emirates Quality Mark: A quality mark granted by ESMA indicating that the given product
complies with the requirements stated in the approved standard.
Supply Chain: Any stage that the product goes through after its production and
till reaching the consumer such as import, supply, storage,
delivery, trade (wholesale and retail) and any other relevant
processes.
ECAS: The system that verifies the fulfillment of the approved standards,
either directly or indirectly like inspection, testing, examination,
calibration or granting the products conformity certificates, and
which is applied by the authority according to the general
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Placing on the Market: A process that is intended to sell or lease or circulate or hold or
present the product to the consumer whether for charge or free of
charge.
Article (2)
Scope
The provisions of this scheme are applicable to all cosmetics and personal care products which
are placed on the market or manufactured or imported or packaged or used within the country.
The following are excluded from these provisions:
Article (3)
Responsibilities of the Supplier
The supplier, at any stage of supply chain, shall comply with the following requirements:
1. Complying with requirements stated in the mandatory standard UAE.S GSO 1943 for
safety requirements in cosmetic and personal care products.
2. Product safety report, as per annex no. (3) in the scheme, issued by a competent
assessor shall be made available to ESMA or concerned authority upon request.
3. Complying with the good manufacturing practices as per the approved standard
UAE.S GSO ISO 22716 or any quality management system accepted by ESMA.
4. Product(s) shall comply with all requirements mentioned in this scheme except non-
conformity/ies that arise after sale due to improper storage or transport.
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1. The cosmetic product shall be packed in appropriate containers that are clean and
do not interact with the cosmetic product or vice versa, and it shall be ensured
that containers are properly closed and without any sharp edges.
3. In the case of glass containers they shall also meet the requirements of the
approved standard UAE.S/GSO 2093.
c. The quantity of the products as per metrological requirements shall be expressed in the
units of measurement (cubic meter or liter or kilogram) or their multiples, or their parts,
and in accordance with the approved standard UAE.S GSO OIML R87.
d. Requirements for testing cosmetics and personal care products shall be as per the below:
1. The products shall comply with the test methods stated in the approved standards
or any other test methods standards that are approved by ESMA. In the absence
of these, the product shall comply with the test methods carried out according to
valid testing methods that are scientifically and internationally accepted.
2. All tests shall be carried out in labs accepted by ESMA.
Article (4)
Labelling
Labeling of product(s) that are intended for placing on the market and using inside country shall
comply with the following:
1. The labels of products that are intended for sale to the consumers shall comply with the
requirements of the approved standard UAE.S GSO 1943 and the labeling shall be clear
and legible.
2. In case of any product(s) containing any allergen, the presence of these allergens should
be mentioned, as per the approved standard UAE.S GSO 1943, in the list of ingredients
on labels.
3. Pictures and illustrations that are inconsistent with the prevailing social customs and
values of the UAE shall not appear on the labels.
4. The information appearing on the label shall be valid and authentic and shall be based on
scientific and laboratory evidence.
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Article (5)
Conformity Assessment
a) The supplier shall observe the following in order to procure the conformity
certificate:
1. The product (s) shall comply with ESMA approved standards mentioned in
annex (1) attached to this scheme.
2. The product(s) that are manufactured or packed or imported by supplier shall
comply with Model (B) of ECAS and its requirements, and ESMA shall issue
the list of products that have to be registered according ECAS to fulfill the
health and safety requirements.
b) Supplier shall provide all relevant technical documents and certificates and
documented information in support of compliance of the product to the requirements
of this scheme and in favor of annex (2) attached to this scheme.
c) Products that bear the Emirates Quality Mark or any other Mark approved by ESMA,
shall comply with all the requirements of this scheme.
Article (6)
Control and Market Surveillance
1. ESMA and the concerned authorities have the right to withdraw the product sample(s) to
carry out the required tests in order to check their compliance with the requirements
stated in this scheme.
2. It is forbidden to sell or display the products falling under the provisions of this scheme
unless they are registered according to Emirates Conformity Assessment Scheme
(ECAS) or have the conformity certificate.
Article (7)
Violations and Penalties
a) In case of any violation(s) against any of the provisions of this scheme, ESMA or the
concerned authority shall take appropriate action(s), depending on the circumstances, in
order to eliminate the violation and its consequential results. Such actions include:
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1. Instructing the responsible party to withdraw the product from the market with the aim of
rectification or sending it back to the country of origin or destroying it within the period
of time set by ESMA or the concerned authority.
2. The concerned authority shall take all necessary actions for withdrawal, retention or
destruction of these products or any other necessary measures to withdraw the product
from the market. ESMA or the concerned authority, depending on the circumstances,
shall announce product withdrawal from the market and the violating entity shall bear all
the emerging expenses.
b) Without prejudice to any more severe penalty stated in the legislations in force, the one who
breached any of the provisions of this scheme, shall be penalized according to the Federal
Law No. (28) of 2001 for Establishing the ESMA and its amendments.
c) ESMA has the right to take appropriate action(s) against products that do not comply with
this scheme. Such actions include withdrawal or cancellation of the conformity certificate of
the violated product(s) or removal of non-complying product(s) from the market.
Article (8)
Provisions for the Transition Period
1. The supplier shall register the cosmetics and personal care products with ECAS within
180 days from the date of publication of this scheme in the Official Gazette.
2. The non-complying products which are currently in circulation in the market are allowed
to circulate for a period not more than one year from the date of publication of this
scheme in the Official Gazette.
Article (9)
Final Provisions
1. The standards mentioned in annex (1) shall be considered as mandatory standards for the
purpose of implementation of this scheme.
2. ESMA shall take appropriate measures to implement this scheme and authorize any of
the concerned authorities to control the cosmetic products, to the provisions of scheme,
under its supervision.
3. ESMA is responsible for receiving, studying any application form for registration and
compliance of products under provisions of this scheme. It has the right to grant
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authorization to concerned authorities for registering and ensuring the compliance of the
products as per this scheme.
4. The concerned authority of each emirate is responsible for the commitment of the
supplier to fulfill the provisions of this scheme, and to ensure that their products comply
with the standards mentioned in this scheme. Their responsibilities include inspection,
testing, and control of the process.
5. The Board of Directors have the right to approve any other standard(s) which are
required to implement this scheme.
6. The Annexes attached to this scheme shall be considered as a part of this scheme, and the
Board of Directors have the right to amend any of the Annexes, when required.
7. This scheme does not prevent the inspectors of the concerned authorities to conduct tests
stated in other laws or regulations on the products falling under this scheme in order to
ensure their compliance to other laws and regulations.
8. The supplier shall retain the safety report of the product, mentioned in article (3) of this
scheme, for period of 10 years from the date on which the last batch of the cosmetic and
personal care product was placed on the market or manufactured. The report shall be
updated whenever the need arises, or whenever the product is altered.
9. All the stakeholders, related to this scheme, shall extend full cooperation and provide all
the required information to the inspectors of the concerned authorities.
10. Any issue that cannot be resolved by the provisions of this scheme, the same shall be
referred to the Director General in order to take the appropriate decision in the best
interest of the public.
Article (10)
Cancellation
The requirements stated in any other scheme will be cancelled if such requirement(s)
contradict with the one mentioned in this scheme.
Article (11)
Publication and Date of Implementation
This scheme is published in the Official Gazette and come in to force from the date of
publication and all the concerned parties shall implement it.
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Annex (1)
List of Approved Standards
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Annex (2)
Information and Technical Documents required for Emirates Conformity
Assessment Scheme (ECAS) Registration
1. Product Category
2. Name of the product
3. Name and address of the supplier
4. Country of origin
5. Nanomaterial: identification and exposure conditions
6. Physical form of the product
7. Original Labeling
8. Clear Photograph of original packaging
9. Composition data
10. Frame formulation
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Annex (3)
Product Safety Report
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