I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 1 of 9 
 Usage Policy for ECAS Mark (ECAS Mark of Conformity) 
 
Purpose   
 
This document regulates the use of ECAS Mark of Conf ormity in certified products and this is intended for 
ESMA and its clients. This will be t he document to be used as a referenc e for the proper us age of the ECAS 
Mark of Conformity and the corrective ac tion to be taken in case of misuse. 
 
 
 
 
C o n t e n t              
0. Definitions   
1. Introduction  
2. Design of ECAS Mark of Conformity   
3. General Rules  
4. Corrective Action for Defective Products or Misuse of ECAS Mark of Conformity 
5. Conditions under which Corrective Action is taken 
6.    Types of Corrective Action  
7.     Choice of Action against the Misuser 
8.     Initiating Corre ctive Action with Misuser 
9.    Completing a Successful Corrective Action wi th a Misuser who has an Agreement with ESMA-CAD 
10.   Degree of Corrective Action to be Achieve 
11.   Refusal to Take Corrective Action 
12.   References  
 
 
 
  
 
  
 
  
 
  
 
   
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 2 of 9 
  
 
 
  
 
  
 
 
0. DEFINITIONS  
For the purpose of this Policy, the following definitions shall apply: 
0.1 ECAS Mark of Conformity  
 
 It is an approved mark by ESMA indicating conformi ty of product to the UAE Product Certification 
Scheme . 
 
0.2 Certified Product 
 It refers to the product(s) being evaluated and appr oved for the UAE Product Certification Scheme. 
 
0.3 Mark 
                                                         
 It is a unique graphic identification of an organisation. In the context of product certification, it is a 
product certification mark given to produc t/s which complies with an approved standard. 
 
0.4  Approved Standard  
 
 It refers to a Product Standard appr oved by ESMA to be used in verifying conformity of a product. 
 
0.6 UAE Product Certification Scheme  
  It is a national product certification scheme which al lows the use of the ECAS Mark of Conformity to 
the certified product. 
   
 
 
    
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 3 of 9 
  
 
 1. INTRODUCTION  
 
This document is prepared for satisfying the requirem ent of Federal Law No. 28:2001 Article 5, Clause 11 
requiring that the certificat e of conformity and marks issued by ESMA s hall be properly controlled. It is also 
in compliance with ESMA BOD resolution Number 78 of 2017 on the mandatory use of ECAS Mark of 
Conformity. The license to use t he ECAS Mark of Conformity (ECAS Mark) is given to companies 
manufacturing certified products and this document spec ifies the conditions on the proper use of ECAS-Mark 
of Conformity and the correct ive action for its misuse. 
 
2. DESIGN OF ECAS-Mark of Conformity  
2.1 Design 
                                              
 
 
2.2 Colour 
 The Mark shall have the same colour as provi ded by ESMA and shall be printed on the product which 
is in contrast with the Mark for proper visibilit y/readability. The colour of the mark shall be non-
removable or indelible. Single colour can be a llowed for secondary packaging but limited to Black 
(with White background) or White Co lour (with Black background) only. 
 
2.3 Size 
 The size of the mark shall not be less than 3cm x 1.5cm. It shall be visible and readable at all times.  
In any case of size variations (decreasing or in creasing), the size must always follow and respect the 
proportions of the Mark (1:2) as shown in clause 2.1.  
 
 
 
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 4 of 9 
 2.4  Access to ECAS Mark of Conformity 
The ECAS Mark of Conformity will be transferred el ectronically to companies after the signing of the 
License to Use the ECAS Mark of Conformity. 
 
2.5. Location of ECAS- Mark of Conformity 
  The ECAS Mark of Conformity shall be placed cons picuously at front side of  the product or at the 
bottom left away from any other mark. 
 
 
 
 
3. GENERAL RULES 
 
3.1   After obtaining the Certific ate of Conformity (CoC), the lic ensee shall use the ECAS Mark of 
Conformity on the certified products. 
 
3.2 The licensee may use the mark for sales promoti on for the product. It may be used in advertisements 
and on stationery together with  the mark or the name of the manufacturer or the licensee provided that 
it is not used in such a manner that ESMA may consider as misleadi ng. The ECAS Mark of Conformity 
shall be used for every piece of the product. ECAS Mark of Confor mity may be used on the following 
(subject to ESMA approval): 
-on the principal display panel  of the certified products, 
-on the secondary or tertiary packaging whichever is  directly visible to the buyer during display 
-on display areas where product are displayed for sale/marketi ng/promotion (for small items) 
-on product manuals/brochures 
-any other ESMA approved areas of usage upon official confirmation/approval of ESMA 
 
3.3 The ECAS Mark of Conformity s hall be reproduced exactly the same color and proportion whenever it is 
possible.  
 
3.4 The ECAS Mark of Conformity is the exclusive property of ESMA and it s correct use is a contractual 
obligation. Intentional misuse of the mark maybe grounds for actions that ma y include but not limited to 
withdrawing the Certific ate of Conformity.  
 
3.5 ESMA shall implement market moni toring for ensuring correct use of the ECAS-Mark of Conformity. 
 
3.6 The company/supplier shall not use its product certi fication in such a m anner as to bring ESMA-
Conformity Affairs Department (CAD) into disreput e and not make any statem ent regarding its product 
certification that ESMA-CAD may consider misleading or unauthorized.  
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 5 of 9 
  
3.7 In making reference to its product certification in communication medi a, a supplier of ECAS Mark of 
Conformity. Certified products must comply with ESMA-CAD requirements. A supplier may publish that 
it has been authorized to apply certific ation mark to products to which the certification applies. In all 
cases, the supplier shall take sufficient care of in  its publications and adverti sements that no confusion 
arises between certified and non-certif ied products. If a supplier wishes  to publish a test report or 
evaluation report, the report shall be reproduced in full, unless specific  authorization is  granted by ESMA-
CAD to publish part(s) of the report. A supplier shall not specify function, or claim or the like in its use 
information that could mislead purc hasers to believe that performances  of the products or its use are 
covered by the certification when in fact they are not. 
 
3.8 Instructions or other user info rmation accompanying the product and re lated to the certification scheme 
shall be approved by ESMA-CAD. Adve rtisements containing ESMA-CAD ce rtification mark or reference 
to certification shall be approved by ESMA-CAD.  
 
3.9 In case of any doubts regarding t he use of the mark, prior writt en approval shall be obtained from ESMA 
to prevent misuse and subsequent corrective action. 
 
4.0 Corrective Action for Defective Produc ts or Misuse of Certification Mark 
 
ESMA-CAD procedures for taking corrective action following the identification of defec tive products or misuse 
of its certification marks follow ISO/IEC Guide 27, Guidelines for corrective action to be taken by a certification 
body in the event of either  misapplication of its mark of conformi ty to a product, or products which bear the 
mark of the certification body being found to subject persons or property to risk . 
 
 
5.0 Conditions under which Corrective Action is taken 
 
ESMA-CAD will require a misuser (i .e., any person, organization, or corporate body that misuses the 
certification marks, regardle ss of whether or not the product is eligible to bear the mark) to take corrective 
action whenever an the certification ma rk has been affixed to a product that: 
• is hazardous; 
• is not authorized to bear the certification mark, e.g., because t here is no record of the product in 
question having been certified; or does not comply wi th the applicable certific ation requirements to 
the extent that the integrity of certification mark is jeopardized; 
• bears an unauthorized form of the mark; or 
• is in violation of the ECAS- Mark of Conformity policies under  which the product was tested and 
certified. 
  
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 6 of 9 
 A product is considered “hazardous” if  it exposes life, limb,  or property to immi nently dangerous conditions. 
A hazardous product is considered to ex ist if the quantity of pr oducts involved is such as to constitute an 
unacceptable percentage, and there is either: 
• An unsafe construction; or 
• The product is gaining widespread use in an application not fores een when the standard(s) to which 
the product is certified was (were)  written, such applications in turn being ones for which the product 
was not certified; and 
- No specific scope of applications has been provided in the standard(s), and 
- No limiting scope of applicati on has been provided by the manufac turer in written material 
accompanying the product at point of sale. 
 
Note — where an inherent haz ard is necessary for the product to perfo rm its intended function, e.g. rotating 
blades of a food mixer, such a hazard shall not be cons idered “hazardous” in the context of this definition. 
 
 
Whenever either a report of misuse of certification mark or of a hazard involved with a product bearing 
certification mark is received, the va lidity of the report will be investigated. Where it is  established that misuse 
has occurred ESMA-CAD will determine the scope of the misuse, includi ng products, model number, serial 
numbers, factory production facilities, production runs and quantities involved. 
 
6.0 Types of Corrective Action 
 
6.1 Corrective action could be one or more of the following: 
 
6.1.1. Notification of parties author ized and responsible for instituting a recall (i.e., the action by which the 
misuser of the certification mark or  the producer of a hazardous  product or other party responsible for making 
the product available withdraws the pr oduct from users, the marketplace,  or distribution sites and returns 
them to an acceptable location for corrective action) w hen, in ESMA-CAD's opinion, such recall is necessary 
to protect the public and to permit implementation of the corrective ac tion (i.e., the action determined by 
ESMA CAD to be appropriate to elimi nate the consequences of the misuse and to remove the hazard as far 
as necessary and practicably possible);  
 
6.1.2 Removing the certification ma rk from the product (This is normally  done only at the fa ctory or other 
central location so that the product in  question is removed from the stockroom , marketplace, distribution sites, 
or user's possession. Alternatively,  the certification mark could be remo ved from the product on site, provided 
such removal is in collaboration with the involved r egulatory authorities who would then proceed to accept or 
reject the product.); 
 
6.1.3. Rebuilding the product so that it complie s with the governing cert ification requirements;  
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 7 of 9 
  
6.1.4. Scrapping or replacing a retur ned product because it is not practicable either to remove the certification 
mark or to rebuild the product so that it comp lies with the governing certification requirements; and 
 
4.1.5. Where a hazardous c ondition exists, ESMA CAD will, in consul tation with the appropriate regulatory 
authorities (such as Dubai Municipalit y, Abu Dhabi Municipality etc), purs ue the release of a notice to the 
general public about the hazard. 
 
 
7. Choice of Action against the Misuser 
 
When the facts indicating a need for corre ctive action are conclusive, ESMA-CAD will initiate corrective action 
immediately, provided there is a misu ser to be held responsible for such action. Legal actions to be initiated 
and penalties to be imposed shall be based on Federal Law 28:2001. 
 
 
8. Initiating Corrective Action with Misuser 
 
When there is conclusive pr oof that a product is hazardous  or is involved in misu se of certification mark, 
corrective action will be initiated by  ESMA-CAD. In such instances, t he misuser and, where appropriate, the 
regulatory authorities shall be notified immediately by telephone, fax,  or E-Mail of the problem, and License 
to apply the certification mark to the involved product shall be terminated.  In the case of a hazardous product 
bearing the certification mark, ESMA-CA D will inform the misuser of the need to take appropriate corrective 
action, advising of the hazar d and the action to be taken. 
 
The initial notification to the misuser will require confirmation in wr iting by registered (or equivalent) letter, 
with copies to the appropriate r egulatory authorities and/or  other bodies when appropriate. Such letter will 
normally contain: the reason(s) for corrective action, any hazardous conditi ons that may exist, actions to be 
taken by the misuser to resolve t he problem, and a statement covering the action to be taken to ensure that 
certification mark is not applied to ineligible products. 
 
 
 
9. Completing a Successful Correcti ve Action with a Misuser who h as an Agreement with ESMA-CAD 
 
When a corrective action has been resolved to ESMA- CAD's satisfaction, ESM A-CAD will undertake the 
following: 
 
9.1. All recipients of the letter which called for corrective action will be sent a second letter which:  
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 8 of 9 
 • States the suspensi on imposed upon the misuser 
• has been lifted and that authoriz ation to use the certification mark has been reinstated; 
• summarizes the corrective action taken by the misuser; 
• When applicable, describes the new  marking required to distinguish  the product in its corrected 
state from its previous unacceptable condition. 
 
9.2. Certification records will be re vised to include any modifications nec essitated by the corrective action. 
ESMA-CAD shall also carry out an audit of: 
• Its own approval and surveillanc e duties to determine whether par t of the misuse was due to a 
weakness in its own organization; 
• its procedures to determi ne the means whereby ESMA-CA D's approval and surveillance 
responsibilities can be altered to ensure, so far as r ealistic to do so, that such misuse of the mark 
cannot be repeated. 
 
 
10. Degree of Corrective Action to be Achieve 
 
ESMA-CAD desires that the corre ctive action be taken on one hundred per cent of the product involved. 
However, this may not be possible,  especially if the product has been out  on the market for a considerable 
time. Normally, ESMA considers that corrective action as appropriate has been carried out satisfactorily if: 
 
10. 1. The misuser has made a proper public announcement when asked to do so; 
 
10.2. The products in the marketpl ace and distribution sites have been reca lled, rebuilt, replaced or destroyed 
under supervision, or other correct ions thereto made as required to the maximum degree feasible; 
 
10.3. The misuser has agreed to cont inue the required corrective action on units which are in the possession 
of the user until ESMA-CAD is sa tisfied that the maximum practi cable result has been achieved; 
 
10.4. Such necessary steps have been instituted in the manuf acturing process to obviate the production of 
products which will again require  similar corrective action. 
 
 
 
 
 
11. Refusal to Take Corrective Action 
 
When a misuser refuses to take corrective ac tion, ESMA-CAD will take the following steps:  
I/We hereby declare that I fully understood all the requirements  stated in this policy and we  commit to comply with the 
requirements and conditions set forth in this policy.  Name and Signature: ____________________  Company Name: _________________________ Designation: ___________________________   Date of Signing: __________________________ 
 
  
Identification no.:  CAPOL-07 Form: Usage Policy for ECAS Mark of Conformity 
Date of Review :  February 14, 2018 Revision:  2 Page 9 of 9 
  
11.1. Cancellation of appropriate certification contracts with the misuser may be processed; 
 
11.2. Regulatory authorities involved and/or other bodies, when relevan t, shall be informed that the misuser 
has refused to take corrective action and that certific ation license and contracts in  the name of the misuser 
have been canceled, where the severity of the case warrant such action; 
 
11.3. Legal actions may be taken as per Federal Law 28:2001. 
 
In the event that a supplier refused to take corr ective action, discussions with concerned regulatory 
authorities, government bodi es, free zone authorities, interested par ties and legal counsel may be held to 
decide on a course of action. In addition to action that regulatory aut horities might take, some possible 
courses of action open to ESMA-CAD would include: 
 
11.3.1. Promoting a rapid revision of the standard and r equiring all certified products of the type involved to 
meet the new criteria at an early dat e following the revision to the standard; 
 
11.3.2. Notifying the public of the discover ed hazard via the most appropriate news media. 
 
 
12. REFERENCES  
 
  
1.  ISO IEC 17065:2012 Conformity assessment — Requirements for bodies certifying products, 
processes and services 
2.  ISO Guide 27:1983 Guidelines to be taken by the certification body in the event of misuse of 
its mark of conformity 
3.  ISO Guide 23:1982 Methods of indicating conformity  with standards for th ird party certification 
systems 
4.  Federal Law No. 28:2001 Federal  Law of Establishing ESMA