Energy Efficiency Labeling Guidelines for ACs

Legal basis; related issuances

The circular is issued pursuant to Republic Act No. 4109, Republic Act No. 7394, Republic Act No. 7638, Executive Order No. 913 (1983), and Executive Order No. 101 (1967).
The circular is further issued under DTI Department Order No. 48 (series of 2008) and DTI Department Administrative Orders No. 2 (series of 2007), No. 7 (series of 2006), No. 4 (series of 2008), and No. 5 (series of 2008).
Procedures for certification applications, laboratory testing, supervision, and compliance are governed through references to DTI-DAO 4:2008 and DTI-DAO 5:2008.
Energy label validation is governed by DOE Guidelines for the Validation of Energy Labels for Household Appliances under Clause 10.1.
Generic model inspection is supported by a dedicated DTI-BPS testing instrument stated as a separate DTI-BPS Test Request form under Clause 8.5.3.
Non-compliance withdrawal/cancellation processes track DTI-DAO 4:2008 and DTI-DAO 5:2008 under Clauses 12.2.1 and 12.2.2 and grounds for license/ICC withdrawal/cancellation under Clause 13.1.2.2.

Policy; purpose; intent

The guidelines establish rules for implementing PNS 396-1:2007, covering energy efficiency ratio (EER) measurement and labeling requirements for non-ducted air conditioners.
The guidelines are issued for information and guidance of all concerned parties and for compliance by manufacturers, importers, dealers, agents, and other stakeholders.

Covered products; scope limits

The guidelines specify rules implementing PNS 396-1:2007 for household appliances energy efficiency ratio and labeling requirements for non-ducted air conditioners.
Coverage includes window type and split-type air conditioners with cooling capacity up to 36,000 kJ/h.
Coverage applies to units operating using a refrigeration vapor compression cycle and using electricity (rated up to 230 volts and 60 Hz) as the main power source.
The circular expressly governs air conditioners based on definitions tied to PNS 240:1998/ISO 5151.

Key definitions and core concepts

DTI means the Department of Trade and Industry.
DOE means the Department of Energy.
BPS means the Bureau of Product Standards.
ERTLS means Energy Research and Testing Laboratory Services.
DTI-RO/PO means DTI Regional Office/Provincial Office.
LATL means Lighting and Appliance Testing Laboratory.
A PS Certification Mark License is a document issued by BPS to a manufacturer/assembler authorizing use of the mark of conformity.
An Import Commodity Clearance (ICC) is a document issued by DTI attesting that imported room air conditioners passed requirements of the specific standard and is governed by DAO 5, series of 2008.
Manufacturer/Assembler means an entity engaged in manufacture or assembly of room air conditioners.
Importer means an entity engaged in importation of room air conditioners.
Dealer/Retailer means an entity engaged in sale of room air conditioners.
A Licensee is a manufacturer, assembler, or importer issued a PS Certification Mark License/Import Commodity Clearance.
Air Conditioner is defined as in PNS 240:1998/ISO 5151 as an encased assembly designed as a unit for window/wall mounting or console use, providing free delivery of conditioned air, including refrigeration and dehumidification and air circulation/cleaning means.
Base Model is the model whose main component and design are distinct in compressor size, cooling capacity, electrical rating, coil size or design, airflow, etc.
Generic Model refers to a range of models similar to the base model with the same relevant physical characteristics, construction, system design, cooling capacity, power input, efficiency rating, and other performance characteristics, with variations having no effect on performance and energy efficiency.
Energy Efficiency Ratio (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.
MEPS (Minimum Energy Performance Standard) is a minimum level of energy efficiency ratio for room air conditioners prescribed in the implementing guidelines.
Energy Efficiency Classification is based on the rated EER designated by number of stars, with more stars meaning more energy efficient.
Model refers to all units within a manufacturer’s/importer’s product line identical except for serial number or similar identifying marks.
Production Unit is an air conditioner produced or assembled using normal production processes for distribution in commerce.
Test Sample is a room air conditioner picked at random from the batch.
Advance Sample is a test sample still in pre-production/engineering stage, not in bulk shipment or not yet intended for commercial selling, but with completed or documented specifications as required in PNS 396-1:2007 marking requirements.
A BPS designated/recognized testing laboratory is a body authorized by BPS to conduct product tests under DAO 4:2008 and DAO 05:2008.
Upgrading of claims is an increased or improved claimed rating within standard requirements based on performance test results.
Downgrading of claims is a decreased claimed rating to comply with standard requirements based on performance test results.

Licensing, ICC, supervision responsibilities

Manufacturers and assemblers must apply for a PS Quality Certification License with DTI-BPS/RO/PO; PS application processing follows DTI-DAO 4:2008 and its implementing rules and regulations under Clause 3.1.
Importers must apply for an Import Commodity Clearance (ICC) on a per shipment per bill of lading basis with the nearest DTI-BPS/RO/PO; ICC processing follows DTI-DAO 5:2008 and its implementing rules and regulations under Clause 3.2.
DTI-BPS issues a license to use the PS Certification Mark to manufacturers/assemblers capable of producing room air conditioners conforming to PNS 396 Part 1:2007; license terms and conditions follow Department Administrative Order No. 4, series of 2008 under Clause 4.1.
DTI-RO/PO issues the ICC to importers whose room air conditioners conform to PNS 396 PART 1:2007; ICC terms and conditions follow Department Administrative Order No. 5, series of 2008 under Clause 5.1.
The requisite ICC is issued per shipment per bill of lading or airway bill under Clause 5.2.
DTI must implement a minimum scheme of supervision and control that each assembler and manufacturer must implement to ensure consistent product conformity (and must do additional duties under Clause 6.1).
DTI must draw test samples from manufacturers/importers warehouses or marketplaces, maintain and disseminate a registry of PS licensees and importers posted at the DTI website, and coordinate with DTI-RO/PO for factory and product audits and inspection/inventory.
DTI must conduct final evaluation of factory and product assessment reports and other recommendations of DTI-RO/PO, and must issue, deny, suspend, or revoke licenses based on audit findings under Clauses 6.1.6–6.1.7.
DTI must coordinate with DTI-RO/PO and the DTI Office of Legal Affairs in implementing legal action against manufacturers, assemblers, importers, retailers, distributors, and dealers for violations of laws, rules, department administrative orders, guidelines, standard requirements, and corresponding implementing memoranda and circulars under Clause 6.1.8.

Testing system; factory/product assessment

After filing a duly accomplished application form, the applicant for a PS Quality Certification Mark must be informed by DTI-BPS/RO/PO of the assessment schedule; the implementing rules under DTI-DAO 4:2000 Annex A (Procedure on Conduct of Factory and Product Audit) apply under Clause 7.1.
Authorized DTI-BPS/RO/PO representatives must inspect the applicant’s factory/plant to ascertain the manufacturing process and quality control system and whether finished products under existing conditions conform to the standard requirements (referred to by Clause 8) under Clause 7.2.

Product testing; sampling; EER performance requirements

Certification test method must follow standard conditions specified in PNS 240:1998/ISO 5151:1994 and its future amendments under Clause 8.1.1.
Certification testing results must not be used for research and development or similar purposes under Clause 8.1.1.
All room air conditioners covered by the standard must comply with performance requirements in Clause 8.3, the applicable/specific requirements of PNS 240/ISO 5151, and other relevant regulations under Clause 8.1.2.
Electrical ratings must be tested at 230V, 60Hz, single phase under Clause 8.1.3.
The official testing laboratory for all air conditioner samples must be DOE-LATL under Clause 8.1.4.
Manufacturers/importers may opt, with approval of DTI-BPS and DOE, to send test samples to third-party laboratories recognized by DTI-BPS or to foreign accredited laboratories of countries with standing MRA/MOU on Electrical and Electronic Equipment (EEE) and DTI under Clause 8.1.4.
DTI and DOE retain the prerogative to draw samples from actual production lines or actual shipments for confirmation testing under Clause 8.1.4.
Recognized/accredited test laboratories must directly submit the original laboratory test report to DTI-BPS, which must furnish DOE a copy under Clause 8.1.5.
Prior to testing, there must be no preparation, modification, or adjustment on a test sample, and no special quality control/testing/assembly procedure on the test sample or its parts that is not normally performed during production and assembly under Clause 8.1.6.
A testing laboratory may refuse to conduct performance testing when the sample is not functional, lacks rating specifications, lacks a request for test from DTI-BPS/RO/PO or BPS-recognized inspection bodies, was previously tested, is rated EER below MEPS, or fails other requirements stated in the guidelines under Clause 8.1.7.
Upon refusal, the laboratory must submit to DTI-BPS a report stating the reason for rejection and furnish a copy to the manufacturer/importer under Clause 8.1.7.
DOE, DTI-BPS, and the concerned testing laboratory must hold all laboratory test results strictly confidential, except those needed for the energy label; original copies must be submitted to DTI-BPS, which furnishes a copy to the manufacturer/importer under Clause 8.1.8.
After testing, units must be returned to the manufacturer/importer; DTI-BPS, DOE, DTI-RO/PO, or the recognized/accredited testing laboratory must not be liable for damage sustained during transport and testing under Clause 8.1.9.
Sampling requires written notice by the manufacturer/importer to DTI-BPS or DTI/RO/PO specifying the base model and the date sampling will be initiated under Clause 8.2.1.
Test samples must bear specifications as specified in Clause 4.1 of PNS 396-1:2007 under Clause 8.2.2.
For manufacturers: one unit of the base model must be taken at random from the production line or warehouse; for new models, advance/engineering samples may be submitted for PS issuance, but DTI-BPS/RO/PO and DOE-LATL may draw samples from actual production for verification under Clause 8.2.3.
For importers: one unit of every base model must be taken at random directly from customs or the importer’s warehouse by a duly authorized DTI-BPS/RO/PO representative; advance samples may be submitted for ICC facilitation, but DTI and DOE may draw samples from actual shipment for verification under Clause 8.2.4.
Manufacturers must undergo semestral sampling taken either from the market or from the factory to verify consistency of conformance under Clause 8.2.5.
Sample(s) packed in the presence of DTI-BPS/RO/PO or DOE-designated representatives must be shipped within two (2) working days to DOE-LATL, with DOE issuing acknowledgement of samples under Clause 8.2.6.
All test samples must comply with performance requirements in Annex B under Clause 8.3.1.

Downgrading/upgrading claims; generic models

A manufacturer/importer may downgrade claimed ratings to comply with the standard based on the result of the first test, and downgrading is also applicable to advance sampling under Clause 8.4.1.1–8.4.1.2.
New claims must conform to the tolerances in Annex B and must be arithmetically consistent with the formula in PNS 396-1:2007 under Clause 8.4.1.3.
A manufacturer/importer may upgrade claimed ratings if it submits formal declarations of new claims to DTI-BPS and DOE under Clause 8.4.2.1.1.
Upgraded ratings must be verified using test results of at most three (3) samples randomly drawn from the actual shipment/production under Clause 8.4.2.1.2.
For upgrades, two (2) out of three (3) samples must comply with Annex B tolerance requirements under Clause 8.4.2.1.3.
Advance samples must not be considered among the three samples for upgrading purposes under Clause 8.4.2.1.4.
For generic models, manufacturers/importers must declare in writing submitted to DTI-BPS if there are generic models of existing base models under Clause 8.5.1.
Technical specifications comparing base and generic models must be submitted to DTI-BPS, and DOE-LATL and DTI-BPS must preserve confidentiality of submitted specifications under Clause 8.5.2.
DTI-BPS must draw generic models for inspection from the manufacturer/importer’s warehouse under Clause 8.5.3.
DOE must inspect generic models at DOE-LATL or the manufacturer/importer’s site under Clause 8.5.4.
If there is doubt, DOE must require inspected units be subject to performance testing under Clause 8.5.5.
DOE must submit an inspection report to DTI-BPS and furnish a copy to the manufacturer/importer under Clause 8.5.6.

Label exemption and energy label control

Manufacturers and importers may request exemption from labeling requirements by submitting written requests and technical documents to DTI-BPS under Clause 8.6.1.
Exemption requests must be jointly reviewed and approved by DOE and DTI-BPS under Clause 8.6.2.
DOE may conduct inspection to verify exemption claims and must submit an official report to DTI-BPS while furnishing copies to the manufacturer and importer under Clause 8.6.3.
Validation of energy labels must follow the DOE Guidelines for validation of energy labels for household appliances under Clause 10.1.
After obtaining PS license or ICC, the manufacturer/importer must submit a copy of the license to secure control numbers from DOE under Clause 10.2.

Validity period; annual assessment

Test results must be valid and effective for one year from the date of issuance of the test report under Clause 9.1.1.
During the one-year validity period, DTI and DOE may draw and test samples from actual production/shipment under Clause 9.1.1.
Special cases must comply with Clause 14 of DTI-DAO 5:2008 and must be approved by DTI and DOE under Clause 9.1.2.
Certified air conditioner models must undergo annual assessment testing under Clause 9.2.1.
DTI-BPS or its duly authorized representative (including DTI-RO/PO) must notify manufacturers of annual assessment testing schedules under Clause 9.2.2.
Samples for annual assessment testing must be drawn from actual shipment and production; advance samples are not applicable under Clause 9.2.2.
If annual assessment testing is delayed due to special cases, DOE and DTI must issue separate guidelines under Clause 9.2.3.

Noncompliance remedies; withdrawals; sanctions

Before a declaration that a rating for all models derived from a base model does not comply, DOE must test two units of the base model under Clause 12.1.
Manufacturers/importers may downgrade claimed ratings after the first test if non-compliant, provided the test sample complies with the required MEPS under Clause 12.1.
If DTI-BPS and DOE determine that both tests failed to conform to the standard requirements, DTI-BPS must advise the manufacturer, copy furnish DOE-ERTLS, to undertake corrective measures for remaining products at the warehouse/factory site, with submission of measures as prescribed in DTI-DAO 4:2008 under Clause 12.2.1.
For importers, DTI-BPS must advise destruction of all import shipments under supervision of DTI-BPS/RO/PO or re-export products to the country of origin as prescribed in DTI-DAO 5:2008 under Clause 12.2.2.
If units are already in the market, manufacturers/importers must recall all units from dealers and must post an advertisement in two leading newspapers not smaller than half page, advising purchasers to return the unit to the dealer where purchase was made under Clause 12.2.3.
Upon receipt of notice from DTI-BPS/RO/PO of withdrawal/cancellation/denial of PS Mark/ICC license, manufacturers/importers must not affix the energy label/nameplate or the PS/ICC Mark to any air conditioner and must make no further reference to the DTI-BPS PS Quality and/or Safety Mark or ICC Mark under Clause 12.2.4.
After reassessment and subsequent product compliance, DTI-BPS must allow the manufacturer or importer to market the product under Clause 12.2.5.
Market surveillance allows DTI-BPS/RO/PO and/or DOE to conduct at any time monitoring and inspection for conformance; selling air conditioners without the required energy label subjects manufacturers/importers, retailers, distributors, and dealers to appropriate sanctions under Clause 15.1.
Suspected non-conforming units must be tested per applicable rules and regulations, with testing fees burdened on the manufacturer/importer; if found non-conforming, responsible parties are subjected to appropriate sanctions under Clause 15.2.

Rating changes; deadlines; supporting documents

When cooling capacity and EER rating are misstated, the manufacturer/importer must, within fifteen (15) days from receipt of DTI-BPS written notice:
- Revise claims based on DTI-BPS recognized laboratory test results and submit revised-claim documents to DTI-BPS, copy furnished to DOE; and
- Give written notice of revised claims to all distributors and others in the distribution line including private brand owners responsible for sales to dealers/retail outlets; and
- Furnish copies of each notice simultaneously to DTI-BPS and DOE-ERTLS under Clause 13.1.1.1–13.1.1.2.
Within thirty (30) days from receipt of DTI-BPS written notice, the manufacturer/importer must provide new labels and nameplates showing revised data for all concerned models under Clause 13.1.2.
Immediately revise all literature intended for potential consumers (including specification sheets, full line folders, and any sales promotion and/or advertising materials) and submit copies to DTI-BPS and DOE-ERTLS under Clause 13.1.2.1.
Re-label packaging of inventories with revised data prior to shipment/sale and supply labels with revised data to distributors for placement on cartons in distributors’ and dealers’ inventories under Clauses 13.1.2.2.1 and 13.1.2.2.2.
Send, within thirty (30) days, a letter to DTI-BPS with copy to DOE stating that actions required for re-labeling inventories and supplying revised labels are under way under Clause 13.1.2.2.3.
Failure to comply with the provisions after being advised by DTI-BPS is a ground for withdrawal/cancellation of PS Mark license and withdrawal/cancellation of ICC under Clause 13.1.2.2.
Manufacturers/importers must not change ratings of any model unless there is written approval by DTI-BPS and DOE under Clause 13.2.1.
Rating changes resulting from changes in major component parts (i.e., compressor) of a previously certified model require change in model designation; otherwise model designation change is not required, and can be accomplished by adding a letter/number or other means acceptable to the manufacturer, DTI-BPS, and DOE-ERTLS under Clause 13.2.2.
All changes in ratings must be supported by valid test results from DTI-BPS recognized laboratories under Clause 13.2.3.

Challenge testing

A manufacturer that fully and properly tested a sample unit of another manufacturer under the standard and tolerances and concluded certified ratings are misstated may challenge, provided it:
- Forwards a detailed written report giving test results to DTI-BPS; and
- Forwards a detailed written report giving test results to DTI-BPS and simultaneously requests DTI-BPS to get another set of sample units of the model for testing by DOE-LATL under Clause 14.1.1–14.1.2.
If the challenge is not upheld, the challenging manufacturer must pay all costs connected with or incidental to the test under Clause 14.2.
If the challenge is upheld, the challenged manufacturer must pay all costs connected with or incidental to the test, and the noncompliance procedure must be observed under Clause 14.3.

Joint coordination; implementation governance

Any changes to these implementing guidelines must be done jointly by DTI and DOE under Clause 16.1.
Any non-legal/technical conflict arising from implementation must be resolved jointly by DTI and DOE under Clause 16.2.

Role of DOE-ERTLS; energy label administration

DOE-ERTLS must set up and maintain necessary testing facilities for energy performance testing in accordance with relevant PNS under Clause 6.2.1.
DOE-ERTLS must lead in ensuring integrity of testing for certification under Clause 6.2.2.
DOE-ERTLS must conduct testing as stated/requested in the BPS test request form under Clause 6.2.3.
DOE-ERTLS must validate energy labels and maintain their credibility under Clause 6.2.4.
DOE-ERTLS must issue statement of account on testing fee and other service rendered relevant to the energy labeling program under Clause 6.2.12.
DOE-ERTLS must be responsible for issuance of control number series and validation of the prototype energy label for compliant air conditioners under Clause 6.2.5.
DOE-ERTLS must verify/review data for re-rating if it conforms/comply with set standard tolerances under Clause 6.2.6.
DOE-ERTLS must inspect/verify declared generic models, maintain and periodically update list of certified air conditioners, and prepare/upgrade implementing guidelines in coordination with DTI-BPS in consultation with industry players under Clauses 6.2.7–6.2.9.
DOE-ERTLS must coordinate with DTI-BPS on dissemination of these guidelines to manufacturers/importers and DTI-RO/PO under Clause 6.2.10, and must identify testing laboratory and delegate representative to supervise testing activities requested by manufacturers and importers under Clause 6.2.11.

Licensee obligations; recordkeeping; advertising

When factory and/or product assessments show conformity:
- DTI-BPS issues the PS Quality Certification Mark License to the manufacturer/assembler for models tested; and
- DTI-BPS/RO/PO issues ICC to the importer for models tested under Clause 11.1.
Each PS licensee must ensure its products continue to conform at all times to PNS 396 Part 1:2007 energy efficiency ratio and labeling requirements under Clause 11.2.1.
Every licensee must indicate in advertisements and promotional materials that its room air conditioners are certified under the DTI-BPS PS Certification Mark Scheme under Clause 11.2.2.
Each licensee must maintain for at least three (3) years complete records of the control system including inspection and testing for DTI-BPS to establish consistent implementation of the minimum “Scheme of Supervision and Control,” and must make records available on demand to duly authorized DTI-BPS representatives under Clause 11.2.3.
Each licensee must pay all costs of testing and certification under Clause 11.2.4.
Each licensee must affix the PS Certification Mark on every certified unit and on packaging/box as specified in DTI-DAO 4:2008 under **Clause