On August 23, 2022, the Ministry of Energy of Brunei notified the WTO/TBT of the orders and regulations implementing the Energy Efficiency (Standards and Labelling) Order 2021. See more details in the following:
Brunei notifies WTO/TBT of legislation designating air conditioners as products subject to energy labeling
On October 30, 2021, the Energy Efficiency (Standards and Labelling) Order 2021 was established and promulgated in Brunei. The Order will come into force from the day to be specified by the Minister of Energy (hereinafter “the Minister”) in a governmental gazette notification. Manufacturers or importers who supply any of “registrable goods” in Brunei, which will be separately specified by a ministerial order, must register as a “registered supplier” with a relevant authority with registration of their products.” Any registrable goods to be supplied must follow the energy efficiency standards as well as bear an energy label.
The Order can be downloaded at:
Registration of suppliers and goods
The Minister shall declare registrable goods in its order to be published in the government gazette. To make any registrable goods that do not meet the energy efficiency standards available for sale, lease, loan, hire, and/or hire-purchase will be prohibited. Any importer or manufacturer who intends to supply registrable goods in Brunei must apply to the relevant authority to be registered as a registered supplier and to register their registrable goods to be supplied.
Any importer or manufacturer who has supplied registrable goods without completing supplier registration or product registration after the effective date of the Order will be found guilty and fined 2,000 Brunei dollars (approx. 1,490 USD) or less. In the case of a continuing offense, they will be fined additional 1,000 Brunei dollars (approx. 740 USD) or less for each day (or some part thereof) that the offense continues after conviction.
Registration as a registered supplier will remain valid unless withdrawn or revoked. Registration as registered goods will remain valid for three years unless withdrawn or revoked earlier. To renew the registration of any registered goods, an application must be made before the registration is expired in such a form and manner as the authority may determine.
Energy efficiency standards
The Minister may prescribe energy efficiency standards, test standards, and other performance requirements for registrable goods. A test report issued by an accredited testing laboratory in accordance with the test requirements specified by the relevant authority will be treated as sufficient evidence for verifying energy efficiency performance.
The Minister may prescribe the requirements to be complied in respect of energy efficiency ratings, energy labels and other labelling requirements for registrable goods. Registered suppliers are required to ensure that each product is marked or affixed an energy label according to the test report issued by an accredited testing laboratory in a manner specified by the authority.
Any person who manufactures in Brunei or imports into Brunei registrable goods, or an assembly incorporating registrable goods, must provide the relevant authority with the information of (a) to (c) shown below no later than four months after the end of each year:
(a) The number of products of each model that the person:
(i) sold in Brunei in that year;
(ii) exported from Brunei in that year;
(iii) imported into Brunei in that year;
(b) The name of each model that the person discontinued:
(i) manufacturing in that year;
(ii) exporting in that year;
(iii) importing in that year; and
(c) A copy of any existing test report, or other energy performance data specified by the authority for each product named under the paragraph (b).
Any person who, without reasonable excuse, fails to comply with their obligations under these reporting requirements will be found guilty and fined 2,000 Brunei dollars or less.
This is an order that first establishes an energy labelling scheme in Brunei but it does not stipulate any specific product type to be covered. However, as far as we can see in past announcements by the Ministry of Energy, air conditioners are planned to be covered. So relevant businesses need to pay attention to the implementation of this Order.