QuestionsQuestions (BPS DTI AND DOE JOINT CIRCULAR NO. 11-01)
It is issued pursuant to RA 4109, RA 7394, RA 7638, Executive Order No. 913 s. 1983, Executive Order No. 101 s. 1967, and several DTI/DOE administrative issuances and relevant standards (including DTI Department Orders/Administratives and PNS 396-1:2007).
It covers window type and split-type air conditioners with cooling capacity up to 36,000 kJ/h, using vapor compression refrigeration and electricity (rated up to 230V, 60Hz) as main power source, for purposes of energy efficiency ratio (EER) and labeling compliance by manufacturers, importers, dealers, and other stakeholders.
EER is the quotient of cooling capacity in kilojoules per hour divided by electrical power input in watts, as determined by PNS 240:1998/ISO 5151.
(a) Manufacturers/assemblers must apply for a Philippine Standard (PS) Quality Certification Mark License with DTI-BPS/RO/PO (DAO 4:2008 rules). (b) Importers must apply for an Import Commodity Clearance (ICC) per shipment per bill of lading/airway bill (DAO 5:2008 rules).
The PS License authorizes manufacturers/assemblers to use the PS mark for conforming products based on factory and product assessments. The ICC is issued to importers per shipment to attest that imported air conditioners conform to PNS 396 Part 1 requirements.
DOE-ERTLS, specifically the DOE Lighting and Appliance Testing Laboratory (DOE-LATL), is the official testing laboratory for energy performance testing and label validation.
DTI prepares a supervision/control scheme for producers, draws test samples, informs licensees of standard changes, maintains a registry of licensees/importers, coordinates with RO/PO for audits/inspections, evaluates assessment reports, issues/suspends/revokes licenses, and coordinates legal action against violators.
DOE-LATL is the official lab for all samples, but manufacturers/importers may opt—subject to approval by DTI-BPS and DOE—to send samples to third-party laboratories recognized by DTI-BPS or to foreign accredited labs with standing MRA/MOU for EEE and DTI.
For manufacturers, one unit of the base model is taken at random from the production line or warehouse for testing.
For importers, one unit of every base model is taken at random directly from customs or the importer’s warehouse by an authorized DTI-BPS/RO/PO representative for testing.
Test results are valid and effective for one year from the date of issuance of the test report. During the validity period, DTI and DOE may still draw and test samples from actual production/shipment.
Certified models must undergo annual assessment testing. Samples are drawn from actual shipment and production; advance samples are no longer applicable for annual assessment.
DTI-BPS advises manufacturers to undertake corrective measures for remaining products at warehouse/factory, and importers to destroy shipments under supervision or re-export. If units are already in the market, manufacturers/importers must recall units and publish notice. Licenses (PS/ICC) may be withdrawn/cancelled, and affected parties must stop using energy labels/nameplates and PS/ICC marks.
Downgrading: permitted after first test results to comply with standards. Upgrading: allowed if the manufacturer/importer submits formal declaration, verified by at most three randomly drawn samples from actual shipment/production (two of three must meet tolerance), and new nameplate ratings are used.
Within 15 days: revise claims based on recognized lab test results and submit documents; notify all distributors/private brand owners and furnish copies to DTI-BPS and DOE-ERTLS. Within 30 days: provide new label/nameplate for all concerned models, revise literature, relabel packaging inventories, supply labels to distributors, and send a letter to DTI-BPS with copy to DOE indicating corrective actions.
Voluntary changes require prior written approval by DTI-BPS and DOE. Changes must be supported by valid test results from DTI-BPS recognized laboratories. If changes involve major components like the compressor, model designation must also be changed.
A manufacturer that fully and properly tested another manufacturer’s sample under the standard/tolerances and concluded the certified ratings are misstated may challenge by submitting detailed test reports to DTI-BPS and requesting DOE-LATL retesting.
They may conduct monitoring and inspection of air conditioners in the market at any time for conformance, including checking for required energy labels. Suspected non-conforming units are tested; testing fees are borne by the manufacturer/importer in question, and violators may be subjected to appropriate sanctions.