Regulations

Guidelines for the Operation of Energy Label Program, Bureau of Energy, Ministry of Economic Affairs
 
1. The Guidelines (“Guidelines”) below are duly established by the Bureau of Energy (“Bureau”) of the Ministry of Economic Affairs (”MOEA”), to promote energy conservation, encourage manufacturers to produce high efficiency energy saving products, and to guide the consumers in preferential purchasing of these products.

2.In order to implement the Energy Label Program, the Bureau may commission an organization to serve as the Implementation Body for these Guidelines, and to conduct relevant implementation activities. The relevant responsibilities and obligations between the two parties (Bureau and the Implementation Body) shall be defined in a separate contract.

3.The product categories and their respective energy efficiency criteria applicable to the Guidelines shall be promulgated by the Bureau separately. The color and printing of the Energy Label shall be based on the Pantone Process 196-1 CVS C100 M070 Y000 K000, and Pantone Process 49-1 CVS C000 M070 Y100 K000. After obtaining the Label Usage Certificate in accordance with the Guidelines, the approved Energy Label user shall use the Label in the shape of the Energy Label symbol as registered service/trade mark owned by the Bureau, and shall not change/modify the shape of Label or add text to the Label. However, without changing the shape, the size of the Label may be proportionally enlarged or reduced.

4.The product categories, product types, their respective energy efficiency criteria and Energy Label labeling requirements applicable to the Guidelines shall be developed and promulgated by the Bureau separately.

5.In order to review the product categories, product types, energy efficiency criteria and labeling requirements applicable to the Guidelines, the Bureau may invite relevant experts to form an Energy Label Review Committee (“Committee”). The Committee shall be consisted of 7-9 members, and with the Director General and Deputy Director General of the Bureau serving as convener and deputy-convener of the Committee respectively. The Committee members shall be of the following representation, and each shall serve a two-year term under contract with the convener, which may be renewed when expired.
1) 4-5 members (may be technical experts or representatives from the academia) from the electrical, mechanical, chemical engineering or energy related fields;
2) 1-2 members from other relevant private sector organizations.

6.In principle, the Committee meetings shall be convened by the convener every three-month with the convener serving as chairperson of the meetings, but may hold provisional meetings in between if necessary. However, if the convener is unable to chair the meetings, the deputy-convener may serve as the chairperson. If both convener and deputy-convener can not be present, the convener shall assign a committee member to serve as the chairperson for the meetings. During the meetings, a resolution shall only be reached when over half of the committee members are present, and over half of the members present are for the resolution. When equal numbers of committee members are for and against the resolution, the convener shall break the tie.
When the meeting is in session, representatives from relevant agencies or organizations may be invited to present their views.

7.The guidelines concerning the application of label usage and the proper usage of label shall be developed and promulgated by the Bureau separately.

8.While applying for the usage of Energy Label, the applicant shall note the product model number, fill out the application, and submit the completed application to the Implementation Body.
Upon receiving the application, the Implementation Body shall complete the initial document review within a one-month period, which may be extended for one more month if necessary. If the submitted application documentation is deemed insufficient, the Implementation Body shall notify the applicant to submit required documents within a two-month period. If requested documents are not submitted with this period or are submitted but still deemed insufficient, then Implementation Body may reject the application.
After the application has passed the initial document review, the Implementation Body shall refer the application to the Committee for Committee review. After a successful Committee review, the Implementation Body shall notify the applicant to sign Energy Label Usage Contract within a one-month period, and shall request the Bureau to issue Label Usage Certificate to the applicant. The format of the label usage application shall be promulgated by the Bureau separately.

9.The applicant shall bear the costs of product energy efficiency testing incurred during the application process, as well as during periodic testing after the product has been approved to use the Energy Label.

10.The Energy Label Usage Certificate (“Certificate”) shall indicate business name, address and name of representative of the approved Energy Label user (“licensee”), together with the product name and model number of the approved/licensed product, serial number of certificate and the expiration date.

11.The validity period of the Certificate is two years. Within the validity period, the licensee may use the Energy Label on the licensed product without cost. Within 4 months prior to the expiration of the Certificate and the contract, the licensee may submit original Logo Usage Certificate, basic information for licensee and licensed product, together with licensed product production and sales data to Implementation Body to apply for renewal of label usage contract. The contract renewal period is two years and may be renewed multiple times. In order for the expiring contract to be renewed, the licensee must have record for actual licensed product production and sales.

12.If revisions are made to the Energy Label energy efficiency criteria, the applicant should base the application on the revised criteria. However for licensee whose contract has not expired, it may continue to use the Energy Label until the contract expiration date. Four months prior to the expiration date of the label usage contract, the Implementation Body shall notify the license in writing to renew the contract. While submitting renewal application, the licensee shall submit proofs that its product meets the revised energy efficiency criteria to the Implementation Body for review, and may continue to use the Label after passing the renewal review. However, the aforementioned requirements do not apply to energy efficiency criteria which have been lowered.

13.If there is a need to repeal certain product categories or types, the Bureau shall promulgate the list of such products at least six (6) months prior to the repeal’s taking effect, and shall since not accepting label usage application for such products.

14.The licensee shall compile the licensed product production and sales data for the previous quarters, prior to the tenth-day of the months of January, April, July and October, to Implementation Body for management and filing purpose.

15.If there is no record of actual licensed product production and sales within one year after the licensee’s receiving the Label Usage Certificate, the Implementation Body shall request the licensee to submit explanation in writing for review by the Review Committee. If the licensee submits no explanation or the explanation is deemed not acceptable, the Review Committee shall make the resolution to request the Bureau to terminate the licensee’s rights to label usage.

16.The Energy Label Usage Certificate and the label usage rights may not be transferred or sold.

17.In case the Energy Label Usage Certificate is lost or damaged, the licensee may submit statement of fact and corresponding proofs to Implementation Body and apply for re-issuance of usage certificate.

18.The licensee may only use the Energy Label on licensed product, and shall neither use the label on un-licensed products, nor use the label as trade mark or service mark.

19.The Implementation Body may conduct unscheduled energy efficiency sampling and testing on licensed product, and the licensee may not refrain from, obstruct, or refuse such testing.

20.The Implementation Body may commission credible testing organization to conduct product sampling and testing as specified in the previous article. If the results from such sampling and testing do not meet the requirements of energy efficiency criteria for which the product licensing is based upon, the Implementation Body shall inform the licensee in writing to conduct corrective actions within a 3-month period, and shall conduct product re-testing within one month after the expiration of three-month period. While conducting the re-testing, the number of product samples shall double the number normally used for sampling product with the same product model number. If the results from the re-testing still do not meet the requirements of the corresponding energy efficiency criteria, the Implementation Body shall report to the Review Committee, and the Committee shall then request the Bureau to terminate the licensee’s rights to label usage.

21.In the event that the licensee is subjected to any of the following conditions, the Implementation Body shall report to the Review Committee for review and then the Committee shall request the Bureau to terminate the licensee’s rights of label usage:
(1) the licensee applies for a termination of the contract;
(2) the business of the licensee has been suspended or shut-down;
(3) the licensee's business license has been revoked or repealed by the government;
(4) the licensee did not pass the contract renewal review;
(5) the licensee did not apply for contract renewal as per Article 12(2);
(6) the licensee did not provide licensed product production and sales data as per Article 14;
(7) the licensee did not provide written explanation as to why licensed product has no record of production or sales as per Article 15;
(8) the licensee violates Articles 16 regarding no certificate transfer or sale;
(9) the licensee violates Article 18 regarding proper certificate use;
(10) the licensee refrains from, obstructs, or refuses unscheduled testing conducted by the Implementation Body;
(11) Re-test results of the licensee's licensed product did not meet the requirements of the energy efficiency criteria.
For licensee whose rights to label usage have been terminated by the Bureau, the Implementation Body shall inform them in writing to stop using the Energy Label and return the Label Usage Certificate within a designated period. If the licensee fails to return the Certificate within the designated period, the Bureau shall cancel the Certificate.

 

Guidelines for the Application and Usage of Energy Label

1.The Guidelines ("Guidelines") below are duly established by the Bureau of Energy ("Bureau") of the Ministry of Economic Affairs, to promote the Energy Label Program and to serve as the reference and basis for applicants' application for Energy Label usage.

2.The applicant shall submit label usage application to the Implementation Body commissioned by the Bureau to operate the Energy Label Program.

3.The applicant shall be legally registered corporation or enterprise, and the product for which Energy Label usage application has been submitted shall meet the following requirements:
(1) the requirements of corresponding product test methods and energy efficiency criteria stipulated by the Energy Label Program;
(2) the requirements of relevant national standards specifying corresponding product performance and specification, if such standards are available; The products mentioned above denote appliances or equipment which are self-manufactured, manufactured by contractors, or imported, and which directly utilize electricity, fuel oils, fuel gases, or other types of energy.

4.The applicant for Energy Label usage shall submit application in the name of company or factory, and shall apply one Energy Label certificate number for each product model number.

5.The applicant shall submit one set of completed application form (see Appendix 1) while applying for the usage of Energy Label, which shall contain the following information:
(1) Basic Information for Applicant and Product
(i) company overview
(ii) product specification
(iii) basic product manufacturing process flow chart, applicable conditions, premises, and notes on usage limitations;
(iv) product photos (3" X 5') and notes on product series.

(2) Proofs of meeting basic qualifications
(i) Applicant with self-manufactured and self-marketed product
a. One copy of business registration certificate;
b. One copy of factory registration certificate; manufacturing factory (not required if products are imported, or product manufacturing factories are not required to apply for factory registration certificate in accordance with Factory Management Act);
c. (not applicable to motor vehicles) Registration Certificate for Product Certification or Certificate for Model Certification issued by the Bureau of Standards, Metrology and Inspection, MOEA;
d. (applicable to motor vehicles) Basic Information for Motor Vehicle Types issued by MOEA authorized organizations;
e. Certification issued by the local, municipal or county/city level environmental protection bureau, within the six-month period prior to the date of application, to prove that the factory has not received penalties of consecutive daily fines, order to suspend operation, order to shut down operation, revoke of permit, or referred to prosecution during the prior one year period;
f.Miscellaneous.
(ii)Applicant with contractor-manufactured but self-marketed product

a. One copy of business registration certificate (for contracted manufacturing factory);
b. One copy of factor registration certificate for contracted manufacturing factory;
c. (not applicable to motor vehicles) Registration Certificate for Product Certification or Certificate for Model Certification issued by Bureau of Standards, Metrology and Inspection, MOEA;
d. (applicable to motor vehicles) Basic Information for Motor Vehicle Types issued by MOEA authorized organizations;
e. Certification issued by the local, municipal or county/city level environmental protection bureau, within the six-month period prior to the date of application, to prove that the factory has not received penalties of consecutive daily fines, order to suspend operation, order to shut down operation, revoke of permit, or referred to prosecution during the prior one year period;
f.A copy of manufacturing contract between contracted manufacturing factory and the applicant;
g.Completed application form from the contracted manufacturing factory;
h.Miscellaneous.
Notes:
(f) and (g) are required if the contracted manufacturing factory submitted the application on applicant's behalf;
If the manufacturing factory and the product marketer belong to the same corporate group, there is no need to supply documents required in (f) and (g).
(iii)Applicant with imported product
a. One copy of business registration certificate;
b. One copy of import permit or authorized dealership documents;
c. (not applicable to motor vehicles) Registration Certificate for Product Certification or Certificate for Model Certification (except motor vehicles) issued by Bureau of Standards, Metrology and Inspection, MOEA;
d. (applicable to motor vehicles) Basic Information for Motor Vehicle Types issued by MOEA authorized organizations;
e. Miscellaneous.
(3) Proofs of products' energy efficiency. If there are revisions to the documents required in this article, separate announcement shall be made by the Implementation Body.

6.The Proofs of product energy efficiency may include the following:
(1). (not applicable to motor vehicles) Original or a copy (equivalent to the original) of the energy efficiency test report issued by a credible domestic testing laboratory (include laboratories accredited by the Taiwan Accreditation Foundation) which conducted the tests based on designated/promulgated energy efficiency test methods;
(2)(applicable to motor vehicles) Original or a copy (equivalent to the original) of the motor vehicle energy efficiency test report issued by a credible testing organization approved by the MOEA or government of the motor vehicle manufacturing countries;

(3) A copy of relevant certificates or proofs, if the product has received label usage certificates from other credible domestic labeling programs or other quality related certifications;

(4)If the domestic testing organizations can not conduct the product's energy efficiency testing, the applicant may submit energy efficiency test reports from foreign testing laboratories, and enclosed proof that such laboratories are accredited by the International Laboratory Accreditation Cooperation (ILAC) or Asia Pacific Laboratory Accreditation Cooperation (APLAC), to the Review Committee for review.

7.The Proofs of product energy efficiency may include the following:
(1)Application Submittal: The applicant should fill out the Energy Label Application Form, and stamp the completed form with corporate seal. The completed application form together with all required documentation should then be sent to the Implementation Body for processing.
(2) Initial Review: Upon receiving the application, the Implementation Body shall complete the initial document review and decide whether to forward the application to the Review Committee within a one-month period, which may be extended for one more month if necessary. The one-month initial review period does not include the time to submit additional documentation or conduct on-site product sampling and testing. If the submitted documentation is deemed insufficient, the Implementation Body shall notify the applicant to submit additional documents within a two-month period. If the requested documents are not submitted within this period or are submitted but still deemed insufficient, Implementation Body may reject the application and inform the Review Committee of the decision.

(3)Committee Review: The Review Committee shall conduct the Committee Review (second review) upon receiving the Implementation Body's recommendation. After the Committee Review, the Implementation Body shall inform the applicant of the review result in writing.

(4)Certificate Issuance: If the application has been approved by the Review Committee after the Committee Review, the Implementation Body shall notify the applicant in writing to sign Energy Label Usage Contract within a one-month period. After the contract has been signed, the Implementation Body shall request the Bureau to issue Label Usage Certificate to the applicant.

(5)Contract Renewal: Within 4 months prior to the expiration of the Certificate and contract, the licensee may submit product energy efficiency test results, records of licensed product production and sales, and proof that it has received no environmental related penalties to the Implementation Body to apply for renewal of label usage contract. The contract renewal period is two years and may be renewed multiple times. While applying for contract renewal, the applicant shall submit proof to the Implementation Body that its product meets the latest revised Energy Label energy efficiency criteria, and may continue to use the Energy Label until after the application has been approved. However, if the applicable product energy efficiency criteria have not been revised, or if the energy efficiency criteria are revised but are lowered, then there is no need for the licensee to submit energy efficiency test data during renewal application.

8.The shape of the Energy Label shall be based on the Registered Energy Label symbol (ROC Logo registration number: 00000057). The color and printing of the Energy Label shall be based on the Pantone Process 196-1 CVS C100 M070 Y000 K000 and the Pantone Process 49-1 CVS C000 M070 Y100 K000. However, the licensee may change the color of the Label depending on the product packaging.

9.Only the Energy Label licensee may use the Energy Label. While using the label, the licensee may not change/modify the shape of Label, but may proportionally enlarge or reduce the label without changing the shape. Also the licensee may print the Label Certificate number or the wording "Energy Label" outside of and at the bottom of the label. The Energy Label may be printed or affixed to the prominent areas on the product, packaging, container, product catalog shipping document.

10.The licensee shall meet the following requirement while using the label:
(1)The licensee shall compile the licensed product production and sales data for the previous quarters, prior to the tenth-day of the months of January, April, July and October, to Implementation Body for management and filing purpose. The term "licensee" denotes entities approved/licensed to use the Energy Label;
(2) If the licensee ceases to produce the licensed products, it should notify the Implementation Body within three months after the production ceased;

(3)The licensee may not refrain from, obstruct, or refuse the energy efficiency testing requested by the Implementation Body;

(4)In case the Energy Label Usage Certificate is lost or damaged, the licensee may submit statement of fact and corresponding proofs to Implementation Body and apply for re-issuance;

(5)The Energy Label Usage Certificate and the label usage rights may not be transferred or sold;

(6)The licensee may only use the Energy Label on licensed product, and shall neither use the label on un-licensed products, nor use the label as trade mark or service mark;

(7) The licensee may not continue to use the Energy Label if the usage contract has expired and no renewal application has been submitted, or the Bureau has revoked the licensee's rights to label usage. Continuing usage of Energy Label under such circumstances will be considered an act of piracy or infringement.

Incentive Measures

The Energy Label licensed products may be eligible for the preferential procurement treatment stipulated under the "Measures for the Preferential Procurement of Environmental Protection Products by the ROC Government Agencies" and thus increase the product market. In addition, while purchasing Energy Label licensed products, both public and private entities may apply for reduced business income tax and low-interest loans in accordance with the "Guidelines for Granting Low-interest Loans for Procurement of Energy Saving Equipment".


Incentives
Products approved to use Energy Label have been designated as product categories for preferential procurement in the “Measures for the Priority Procurement of Environmentally Preferable Products by ROC Government Agencies”. As such, the market share of labeled products is expected to expand greatly. Based on the “Measures for Investment Deductions of Corporations Purchasing Energy Saving Equipment or Equipment Employing New or Cleaner Technologies” and “Guidelines for the Preferential Granting of Loans on Energy Saving Equipment Purchases”, organizations which purchase energy labeled products may qualify for income tax deduction and preferential loans.

Please refer to the following regulations:
“Measures for Priority Procurement of Environmentally Preferable Products by ROC Government Agencies”
“Measures for Investment Deductions of Corporations Purchasing Energy Saving Equipment or Equipment Employing New or Cleaner Technologies”
Guidelines for Preferential Granting of Loans on Energy Saving Equipment Purchases”