DTI issues new technical regulation on energy consuming products

The Department of Trade and Industry (DTI), through the Bureau of Philippine Standards (BPS), has issued the Department Administrative Order (DAO) 22-01, series of 2022 providing the new technical regulation prescribing the mandatory product certification of Energy Consuming Products (ECPs).

The DAO took effect on 5 March 2022, 15 days after its publication in two broadsheets last 18 February 2022.

“DTI issued this Department Administrative Order to ensure that all energy consuming products being utilized by Filipino consumers are safe, of quality, and compliant to the latest safety and performance requirements prescribed by both the Bureau of Philippine Standards (BPS) and the Department of Energy (DOE). This technical regulation supports the implementation of Republic Act No. 11285 or the “Energy Efficiency and Conservation Act” mandating the DTI, through the BPS, in consultation with the DOE, to require manufacturers, importers, and dealers to comply with the Minimum Energy Performance (MEP) standards, and to display the energy label and the energy efficiency label on the product packaging for the reference of the consumers,” said DTI Consumer Protection Group (CPG) Undersecretary Ruth B. Castelo.

Energy consuming products (ECPs) refer to those products that utilize any form of energy (i.e., electricity, petroleum products, renewable energy, etc.) for specific use. The DAO aims to strictly ensure that ECPs to be imported, manufactured, distributed or sold in the Philippines meet the safety and performance requirements specified therein.

It covers room air conditioners (RAC), refrigerators, television sets, self ballasted compact fluorescent lamps (CFL), double-capped fluorescent lamps (DCFL), single-capped fluorescent lamps (SCFL), pre-heat/magnetic ballasts, electronic ballasts, and self-ballasted LED lamps (SBLL), whether locally manufactured or imported.

The said products are already included in the BPS mandatory certification for the safety requirement. But with this DAO, the BPS shall now require the compliance of the said products to both the safety and performance requirements as per applicable Philippine National Standards (PNS).

For locally-manufactured ECPs, manufacturers shall apply for Philippine Standard (PS) Certification Mark License in accordance with the requirements of DAO 4:2008, its implementing

rules and regulations, and DAO 18-03:2018 (for RAC, refrigerators, and television sets) and DAO 18-02:2018 (for SBLL) and their future amendments.

Meanwhile, importers shall apply for Import Commodity Clearance (ICC), in accordance with the requirements of DAO 5:2008, its implementing rules and regulations, and DAO 18-03:2018 (for RAC, refrigerators, and television sets) and DAO 18-02:2018 (for SBLL) and their future amendments.

The DAO also expanded the scope of implementation for products covered under mandatory certification and shall entail the inclusion of the following in the BPS List of Products Under Mandatory Certification:

• Non-inverter, window-type, and split-type (wall-mounted and floor-standing) air conditioners with cooling capacity above 36,000 kJ/hr. up to 50,000 kJ/hr;
• Inverter type air conditioner with cooling capacity above 38,000 kJ/hr. up to 50,000 kJ/hr;
• Cassette-type and ceiling suspended type air conditioners with cooling capacity up to 50,000 kJ/hr;
• Refrigerator with storage capacity above 567 liters (20 cu. ft.) up to 600 liters (21.19 cu. ft.);
• Television sets with display size above 1400 mm (55 inches) up to 1524 mm (60 inches); and
• Self-ballasted LED Lamps with rated wattage above 30 W up to 60 W.

The drawing of samples for the safety test shall be in accordance with the existing technical regulations; whereas drawing of samples for the performance testing and the conduct of independent testing shall be waived if the applicant submits any of the following:

• Philippine Energy Labeling Program (PELP) Energy Label issued by DOE-Energy Utilization and Management Bureau (EUMB);
• Proof of application for product registration with the DOE-EUMB;
• Proof of ongoing testing for the purposes of application for product registration with the DOE-EUMB; or
• Acknowledgment of Drawn Samples Form signed by the DOE-EUMB and store/retailer representative.

Meanwhile, full product testing for the performance requirements shall be conducted in accordance with the relevant Philippine National Standards (PNS), as follows:

For traceability and verification purposes, the required markings for manufactured or imported ECPs shall include the following:

• Serial Number on the unit and packaging (for RAC, refrigerators, television sets);
• Batch Number on the packaging (for lighting products);
• As prescribed by the relevant PNS;
• PS or ICC Mark as applicable;
• PELP Energy Label;
• As per DAO 18-03:2018 and MC 20-01:2020 (for RAC, refrigerators, television sets); and
• As per DAO 18-02:2018 (for SBLL)

The PS License or ICC Certificate shall only be issued upon determination of compliance of the ECPs to the safety and performance requirements prescribed by DAO 22-01:2022. To provide local manufacturers and importers ample time to comply with the abovementioned certification requirements for all covered ECPs, market monitoring and enforcement shall commence on 05 September 2023, 18 months from the effectivity of DAO 22-01:2022. All non-compliant products by that time shall be subject to the following:

• First Offense – Notice of Violation shall be issued but retailers/distributors shall only be advised to pullout the items from the selling area.
• Second Offense onwards – Notice of Violation shall be issued subject to the regular adjudication process.

The full copy of DAO 22-01:2022 and other issuances may be downloaded from the BPS Standards and Conformance portal, www.bps.dti.gov.ph, direct link to BPS’ issuances can be accessed through https://bit.ly/BPSissuances.

For more updates and information on standards, technical regulations, and conformity assessment procedures (STRACAP), please visit the DTI-BPS Portal (bps.dti.gov.ph). Emails and messages may also be sent to bps@dti.gov.ph or through the official BPS Facebook page (facebook.com/PHstandards).