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Standard Operational Procedures Manual

Fiji Minimum Energy Performance Standards and Labeling Program

Fiji Department of Energy

Contents

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FOREWORD

The desire of the governments to improve the energy efficiency of appliances has led to the development of Minimum Energy Performance Standards (MEPS) and the associated energy Labeling Scheme.

The preliminary processes for the implementation of this program started in 1996 and it developed to the advance stages through frequent stakeholder consultations, Cost and Benefit Analysis of Implementing the program in Fiji, retailer trainings and various submissions to the cabinet for relevant discussions and approvals.

Approval received from Cabinet on the 7th of June 2011 (CD 216), and the Fiji Department of Energy will now be monitoring and facilitating the importation of Electric household freezers and refrigerators into Fiji.

It will be mandatory for these appliances to be compliant to the FS/AS/NZS standards 4474.1 and 4474.2.

The Fiji Revenue and Customs Authority will be assisting the Department of Energy into achieving a smooth transition of the Program.

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Purpose

The SOP provides guidelines on procedures and processes to be undertaken upon implementation of the MEPSL program. The SOP, as a result will provide guidelines and procedures to ensure that:

i. Only energy efficient appliances are imported into the countryii. Consumers’ interests are being safe-guarded against unscrupulous activities related

to energy efficient appliancesiii. Knowledge regarding implementation of the program is maintained and easily

transferred to those officials who will be administering the program.

Scope

i. From the time that the application is received by the Regulator, up to the time the goods are imported.

ii. From such time that the Goods is identified to be substandard until it is disposed of, or returned to the Country of Origin.

iii. From the time the Goods are identified as compliant to the time they are released to the Importer.

Objective

The objective of this document is to maintain the importation of only energy efficient household electric freezers and refrigerators into the country. It will also enable the administrators of the program to maintain compliance to the legislations of the Government of Fiji.

Reference Documents

The Trade Standards (Household Electric Refrigerating Appliances) Order 2007.

The Trade Standards Quality Control Decree 1992, Decree No.24 of 1992).

The Customs Act 1986.

Customs Regulations 1986

Customs (Prohibited Imports and Exports) (Amendment) Regulation 2011.

The FS/AS/NZS 4474.1:2007 which outlines the Performance of Household electric appliances-Refrigerating appliances-Energy consumption and performance.

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The FS/AS/NZS 4474.2:2007 which outlines the Performance of Household electric appliances – Refrigerating appliances – Energy labeling and minimum energy standard requirements.

National Energy Policy 2006.

Draft National Energy Policy 2014.

Responsible

Director of Energy and General Manager, Customs

1. Definition and Interpretation

Check test means a full or part test in accordance to the relevant standard to verify the performance or the energy consumption, or both, of an individual brand and model bearing an energy label.

Family of models means a range of models of the one brand, to which a single set of test reports is applicable and where each of the models has the same relevant physical characteristics, comparative energy consumption, and energy efficiency rating and performance characteristics. The term ‘model’ is synonymous with ‘family of models’

FRCA means Fiji Revenue Customs Authority

FS/AS/NZS 4474.1:2007 means the AS/NZS 4474.1:1997, as adopted by virtue of the Trade Standards (Household Electric Refrigerating Appliances) Order 2007, subject to the amendments set out in this order.

FS/AS/NZS 4474.2:2007 means the AS/NZS 4474.1:2001, as adopted by virtue of the Trade Standards (Household Electric Refrigerating Appliances) Order 2007, subject to the amendments set out in this order.

Goods for the purpose of this SOP means Electric Household Refrigerators and Freezers

Import with its grammatical variations and cognate expressions means to bring or cause to be brought into the Fiji Islands.

Category A products registered in Australia/New Zealand

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Category B products registered in Australia/New Zealand but under a different brand name

Category C products not registered in Australia/New Zealand

Importer includes and owner or his or her agent, or any other person for the time being processed of or beneficially interested in any goods at the time of the importation thereof.

Manifest is referred to the List of Imported and Exported Goods

MEPS mean Minimum Energy Performance Standards. The Mandatory level of energy efficiency which has to be met by each appliance model (PAECav) determined from its size, features and configuration (Unit: kWh/year).

The Standard means the FS/AS/NZS 4474.1:2007 and the FS/AS/NZS 4474.2:2007.

MEPSL means Minimum Energy Performance Standards and Labeling.

OICI – Officer in Charge Inspection

PAEC means projected annual energy consumption, the estimate of energy used by a single unit during one year’s use.

Regulator means The Director of Energy or any person authorized in written by the Director of Energy.

S&L Officer means the Standards and Labeling Officer

SAD means Single Administrative Documents

Shall indicate that a statement is mandatory.

Should indicate a recommendation.

Star Rating Index (SRI) means an indication of the claimed energy efficiency of a model. A higher SRI indicates higher energy efficiency.

Star Rating means the number of stars displayed on the energy label. Available stars are between a minimum of one star and a maximum of six shown in half star intervals (old

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labeling system) and between a minimum of one star and a maximum of ten shown in whole star intervals (new labeling system)..

2. Procedures

The following procedures are outlined in this section:i. Application for Approval to Import Electric Household Refrigerators

and Freezers ii. Issuance of License to Import Goodsiii. Application for Registration of Goodsiv. Importation of Standard Household Freezers and Refrigeratorsv. Screening of Manifestvi. Customs Inspection of Imported Household Freezers and

Refrigeratorsvii. Physical Examinationviii. Risk Management and Profilingix. Detained Substandard Goodsx. Actions to be carried out on the Substandard/Non-Compliant Goodsxi. Duty to Comply with Standardsxii. Penaltiesxiii. Updating of Standards

I. Application for Approval to Import Electric Household Refrigerators and Freezers

An application has to be lodged with the Regulator for every importation of goods. An Application Form shall be obtained from the Regulator for this purpose.

(a) The Importer shall submit an application to the Regulator seeking approval to import Household Electric Refrigerator and Freezers and attach all items identified in the application.

(b) The Regulator shall verify and scrutinize the application and screen the application of any anomalies.

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(c) The application shall be rejected if the regulator finds any deficiencies within the application documents.

(d) The regulator will inform the importer in written the reasons for rejection of his application.

(e) The importer shall execute remedial actions on the application before re- submission.

(f) The importer shall execute remedial actions within twenty (20) working days from receipt of the Regulator’s notice or deem their application as closed.

II. Application for Registration of Goods The registration process ensures that all goods are/have been registered before importation into the country.

(a) Before Importation of goods, the Importer shall first ensure that the goods is/has been registered according to the AS/NZS standards 4474.1 and 4474.2.

(b) If the goods have been registered according to the standards, the Importer can then proceed with the Importation Process.

(c) If it is found to be a non-registered good, then arrangements will have to be made for registration of the goods either through the:

Australian or New Zealand Regulators (Category A) or Fiji Regulators (Category B and Category C)

(d) Once registration is successful, the Importer can then proceed with the Importation Process.

(e) The registration shall be rejected if the goods do not meet the standards.

1. Issuance of Approvals to Import Goods

(a) Should the application contain no discrepancies the regulator shall grant approval to the importer to import compliant Electric Household Refrigerators and Freezers.

(b) The approval is submitted to the Importer with a covering letter of advice.(c) Copies of the approval are also filed in the MEPSL file for records and also be

forwarded to both the Revenue and Customs department and to the shipping agent

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III. Importation of Standard Household Freezers and Refrigerators

(a) Upon receiving approval from the regulator the importer shall submit following import documents to the Customs Agent for entry into the SAD.(i) Certified Commercial Invoice (in Compliance with Regulation 107 & 108

of the Customs Regulation 1986);(ii) Import License(iii) Certificate of TIN(iv) Bill of lading or airway bill(v) Performa invoice(vi) Bank draft(vii) Order sheet(viii) Confirmation of order

IV. Screening Of the Manifest

(a) The Regulator shall screen the manifest upon submission by the shipping agent to Customs.

(b) She/he shall verify the following Particulars of the import manifest:(i) Importer or owner(ii) Description of goods(iii) Country of origin(iv) Country of export(v) Vessel name(vi) Date of arrival in Fiji(vii) Shipping agent

(c) If the Regulator requires more information on the goods, identified and suspected to be of substandard, she/he shall inform the importer to submit the following documents for verification:

(i) Importer or owner(ii) Description of goods(iii) Country of origin(iv) Country of export(v) Vessel name(vi) Date of arrival in Fiji(vii) Shipping agent

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(d) If the Regulator is satisfied that there are no imported substandard household freezers and refrigerators, she/he shall allow the release of the goods.

(e) If she/he is not satisfied, the goods shall be subject to 100% examination.

(f) She/he shall stamp the relative number of the manifest with “Withhold for DOE Examination “rubber stamp.

V. Customs Inspection of Imported Household Freezers and Refrigerators

(a) The Customs entry shall be scrutinized by the team leader inspection and identifies vital aspects of the goods.

(b) Inform the OICI/Inspection of the important aspects of examining the goods.(c) The OICI /Inspection shall ensure that she/he understands the findings of the

team leader Inspection as well as have a good understanding of the Customs Entry and other important documents.

(d) The inspections officer shall ensure that the container is sealed with shipping Agents’ seal prior to the physical examination of the goods.

(e) She/he ensures that the container number is verified correctly with the import documents.

(f) Upon examination she/he shall verify the following particulars of the goods with the proper import documents in the presence of an authorized officer by the Regulator:(i) Brand (ii) Model(iii) Group(iv) Country of manufacture(v) Group (type)(vi) Product configuration(vii) Total gross volume(viii) Star rating (from the label)(ix) Comparative energy Consumption (CEC) from the energy rating label(x) Presence of a through the door ice dispenser

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VI. Physical Examination and Labeling

(a) Upon physical examination, the goods may or may not be labeled. If labeled, the label has to be according to the AS/NZS standards 4474.1 and 4474.2.

(b) If the goods are not labeled or if it contains a different label, the OICI, if in doubt shall consult with the Regulator regarding registration of the goods.

(c) The Regulator shall work with the Importer on the correct labeling of the goods provided that the goods have been successfully registered according to the standards.

VII. Risk Management and Profiling

(a) The importers who regularly supply misleading/wrong information shall be regarded as high risk importers.

(b) Their consignments shall be subject to 100% Inspection at all times.(c) A risk register shall be developed and the following details shall be

contained in it:(i) What are the risks(ii) What are the probable causes of these risks(iii) Treatment of risks(iv) Time taken to treat the risk

(d) The risk register shall be kept updated at all times.

VIII. Non-Compliant Goods

(a) If upon examination the Inspection Officer and the Regulator identify any deficiency the inspection officer shall issue a detention notice to the regulator in three (3) copies;(i) Original shall be issued to the importer;(ii) Duplicate shall be issued to the regulator;(iii) Triplicate is the book copy that shall be in the custody of the

inspection section(iv) The inspection officer shall issue a cart note to the regulator.(v) The regulator shall issue a receipt that they have received the

noncompliance/ substandard goods.(vi) The detained goods shall remain within the Importer’s premises

under the Customs Seal.

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(vii) The goods shall be accessible to the Regulator and the Customs officials at all times.

IX. Actions to be carried out on the Substandard/Non-compliant Goods

(a) The regulator shall inform the importer who imports the non-compliance refrigerators in writing that they are required to return the goods to the supplier/exporter at the exporting country at the importer’s expense.

X. Duty to Comply with Standards

As per the Trade Standards Quality Control Decree 1992, no 24;

(i) A person shall not, in the course of trade and commerce:-(a) Manufacture or import or supply goods that do not comply with an

applicable standard; or (b) Supply goods in the contravention of an applicable standard

(ii) A person shall not supply a service contrary to an applicable standard.(iii) Any person who contravenes is guilty of an offence under the Decree.

XI. Penalties

(a) Subject to the Trade Standards Quality Control Decree 1992, no.24 which serves as the principal legislation for the MEPSL program;

(i) Any person guilty of an offence under this Decree, is liable on conviction to fine not exceeding $5000.00 for a first offence and $10000.00 for a second subsequent offence.

(ii) Every person who commits an offence against this Decree is liable in addition to the fine in (i); and

(iii) Where a person is convicted of any offence against this decree and the court by which it is convicted is of the opinion that the offence was committed to defraud, that person shall be liable in addition to or instead of any other penalty, to imprisonment for a term not exceeding 3 years.

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(iv) The maximum penalty for an offence under a provision of the Decree committed by a body corporate is a fine that is five times the fine provided for in the provision or, as the case may be, a fine that is five times the fine for in (i).

(v) If a person is convicted of an offence under this decree and the court considers that the commission of the offence caused another person to suffer pecuniary loss, the court may order the convicted person to pay the other person a specified amount of compensation for the loss.

(vi) The court may make such an order whether or not it imposes a penalty for the offence.

(vii)The amount ordered to be paid may be recovered in a court of competent jurisdiction as a debt due by the convicted person to the other person.

XII. Updating of Standards MEPS Levels and Energy Labels will need to be revised occasionally to improve product energy-efficiency.

(a) Upon updating of standards to reflect current/advanced AS/NZS standards 4474.1 and 4474.2, goods with newer standards will require a unique marking (identifier) on the label

(b) The identifier will ensure a smooth transition flow from phasing out of old goods to importation of new efficient goods for sale in Fiji.

(c) The identifier will also assist consumers in their decision-making when purchasing the goods.

XIII. Roles and Responsibilities of the Regulator

(i) The Duties and powers of the Regulator under the Trade Standards (Household Electric Refrigerating Appliances) Order 2007 will be exercised by the Director of Energy or a person authorized in writing by the Director. The Director of Energy or any authorized person executes the power stated by this order and acts as the regulator of the MEPSL program. The Regulator also has the power to make, amend, suspend, or revoke guidelines under this order in regards to standards and Labeling.

(ii) The Principle Scientific Officer executes the powers of the Regulator in the absence of the Director

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(iii) The Standards and labeling Officer carries out the following duties under the supervision of the Director of Energy through the Principal Scientific Officer:(a) Implement and deliver training needs to the private sector in

informing and educating them on Minimum Energy Performance Standards and Labeling.

(b) Preparing reports on Retail Outlet Training and forward submissions to the Director as and when required.

(c) Carries out the assessment of the application submitted by the importers.

(d) Facilitates and carries out inspections and audits to assist the relevant stakeholders in complying with the standards.

(e) Facilitates the issuance of license/permit/approval to the importers.(f) Is responsible for facilitating awareness and educational programs for

the stakeholders, schools and general public.(g) Facilitates the refresher trainings to the Customs Officials to assist

them in monitoring the program accurately.(h) Provide support, solutions and assistance to the industry for ongoing

phase of the program.(i) Institutional strengthening of the MEPSL Unit within the department

and the Ministry.(j) Building public relations through designing effective marketing

campaign on appliance labeling and negotiating with relevant media consultants identifying and implementing an effective media campaign for the program.

(k) Capacity building and networking among appliance labeling stakeholders.

(l) Responsible for conducting Socio Economic Research in identifying impacts on Energy Labeling in the Market.

(iv) The Technical Assistants Assist the Standards and Labeling Officer in the successful facilitation, implementation, and monitoring of the program.

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MEPS Standard Operating Procedure

Approved Not Approved

Approved Not

Approved

Pass MEPS Fails MEPS

Pass MEPS

Fails MEPS

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Importers Register with Regulator.

DOE registers and process application

DOE WEBSITE/Data Bank

Standards AS/NZS/FS Company register Appliance brand register Risk Profiling register Company profiling

register

Product not saleable in Fiji as is.

Screening of Manifest prior to Arrival, with FIRCA

Visual inspection of goods on arrival, with FIRCA

REMEDIAL Actions for compliance to AS/NZS 4474.1 & AS/NZS 4474.2

Importer places order from the supplier

Regulator reviews new submission

Regulator executes necessary action

Places order of the product

Released and approved for use in Fiji

Issuance of non-compliant notice and detainment of goods.

Remedial action and support, for compliance to AS/NZS 4474.1 & AS/NZS 4474.2

Regulator reviews new submission

Ongoing checks at retailer level, with regular updates of standards

Registered Importer applies to regulator before every import