Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
1 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   1 
SUBJECT:  NATIONAL  GUIDELINES ON THE ISSUANCE OF COMPLIANCE 2 
CERTIFICATE FOR AGRICULTURAL AND FISHERIES MACHINERY  3 
 4 
Pursuant to  Section s 31 and 32 of the A gricultural and Fisheries Mech anization 5 
(AFMech)  Law  of 2013  and its Implementing Rul es and Regulation,  and Section 7 of 6 
Department Circular No. 5, Series of 2017 , also known as the National Guidelines on 7 
Testing and Evaluation of Agricultural and Fisheries Machinery , this G uidelines on the 8 
issuance of Compliance Certificate  (CC)  for agricultural and fisheries machinery is 9 
hereby promulgated and issued for guidance and information of government offices, 10 
private sector s, farmers  and fisherfolks . 11 
 12 
ARTICLE I  13 
 GENERAL PROVISIONS  14 
SECTION 1. Objective s 15 
 16 
This Guidelines  provides information and guidance on the issuance of CC for 17 
agricultural and fisheries machinery to ensure its conformance to  the Philippine 18 
National Standards / Philippine Agricultural Engineering Standards (PNS/PAES).  19 
Specifically, the guidelines aims to provide assurance to consumers, industries and 20 
other stakeholders that the machinery conforms to the specified requirements in their 21 
respective PNS/PAES and the PNS/PAES for After -Sales Service. It shall facilitate tra de, 22 
fair competition and consumer acceptance of the machinery.  23 
 24 
SECTION 2. Scope  25 
 26 
The guidelines will cover the policies and mechanisms in the issuance of CC for 27 
agricultural and fisheries machinery  with  PNS/PAES . Likewise, this Guidelines will also 28 
cover the conformance of all agricultural and fisheries machinery to the PNS/PAES  for 29 
After -Sales Service.  30 
 31 
SECTION 3. Definition of T erms  32 
 33 
For the purpose of this  Circular , the following definitions shall apply : 34 
 35 
a. Agricultural and Fisheries Machinery – refers to machinery used for the 36 
production, harvesting, processing, storage, manufacture, preserving, 37 
transporting and distribution of agricultural and fisheries products  38 
 39 
b. Applicant  – a natural or juridical person engaged in the manufacturing , 40 
fabrication  or importation  of agr icultural and fisher ies machinery  41 
 42 
c. Assembler – refers to any entity involved in the assembly of various parts and 43 
components for the production of agricultural and fisheries machinery to be 44 
offered in the market  45 
 46 
d. Authorized Representative - refers to the person/s duly authorized by the 47 
applicant who is an organic personnel of the company and is tasked  to be the 48 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
2 
 primary point of contact for all matters relating to  the application for the 49 
issuance of Compliance Certificate  50 
 51 
e. Compliance Certificate (CC) – certificate issued by BAFE which guarantees that 52 
the agricultural and fisheries machinery conforms with PNS/PAES  53 
 54 
f. Dealer – refers to an entity authorized by distributors and/or manufacturers to 55 
supply, trade, sell and service agricultural and f isheries machinery to end -users  56 
 57 
g. Distributor – refers to any trading entity authorized by foreign or local suppliers 58 
and/or manufacturers to distribute agricultural and  fisheries machinery to 59 
dealers  60 
 61 
h. Holder – assembler, dealer , distributor, imp orter and exporter (ADDIE) 62 
authorized by the primary holder to use  the CC in the selling of agricultural and 63 
fishery machinery  64 
 65 
i. Importer/ Exporter – refers to any trading entity involved in the business of 66 
importing or exporting of agricultur al and fisheries machinery from or to any 67 
point outside the Philippines either for its own use or for trading purposes  68 
 69 
j. Manufacturer/Fabricator – refers to an entity involve in the 70 
manufacture /fabrication of agricultural and fisheries machinery  71 
 72 
k. On-site Evaluation – refers to the field activities undertaken by Bureau of 73 
Agricultural and Fisheries Engineering (BAFE) for purposes of inspection of  74 
agricultural and fisheries machinery  before the issuance of CC 75 
 76 
l. Philippine National Standard (PNS) / Philippine Agricultural Engineering 77 
Standards (PAES) – standards used for the preparation and monitoring of 78 
specifications and test and evaluation of machine and equipment performance 79 
and ser ve as technical reference by all agricultural and biosystem s engineers in 80 
the practice of a gricultural and biosystems engineering profession  81 
 82 
m. Primary Holder –company which is indicated in the CC that may be a 83 
manufacturer or fabricator  84 
 85 
n.  Retailer  - over -the-counter sellers of agricultural and fisheries machinery  86 
 87 
o. Test Report (TR) – narrative report showing the description, performance and 88 
conditions of the machine, method of test used, result of test as well as the 89 
photograph of the machine  90 
 91 
p. Surve illance Assessment - random testing and evaluation of machinery to assess  92 
conformance to performance requirements and after -sales service stated in  93 
PNS/PAES  94 
 95 
 96 
ARTICLE II  97 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
3 
 DUTIES AND RESPONSIBILITIES  98 
 99 
SECTION 4. BAFE , Testing and Evaluation Accreditation Advisory Committee 100 
(TEAAC) , DA – Regional Agricultural Engineering Division ( DA-RAED ) and Local 101 
Government Unit (LGU)  102 
 103 
The BAFE shall under take the following functions:  104 
 105 
a. Review the completeness and authenticity of the documentary requirements 106 
submitted by the a pplicants. Conduct validation for subsequent approval/denial 107 
of all applications for CC of agricultural and fisheries machinery ; 108 
 109 
b. Approv e/Deny the issuance of CC; 110 
 111 
c. Issue CC to applicants who comply with all the requirements;  112 
 113 
d. Conduct surveillance  assessment  and on-site evaluation on the operation and 114 
after -sales service ; 115 
 116 
e. Ensure the availability of the registry of all compliant and non -compliant 117 
machinery for viewing ; and  118 
 119 
f. Perform other duties and functions relevant to the issuance of CC for 120 
agricul tural and fisheries machinery . 121 
 122 
The TEAAC which was created under DC No. 05, Series of 2017, shall undertake  the 123 
following functions:  124 
 125 
a. Review and recommend the issuance and denial of CC ; 126 
 127 
b. Review and recommend the suspension, revocation, withdrawal or cancellation 128 
of CC; and  129 
 130 
c. Perform other duties and functions relevant to the issuance of CC for 131 
agricultural and fisheries machinery . 132 
 133 
DA-RAED  shall undertake  the following functions:  134 
 135 
a. Provide assistance for the acceptance and initial evaluation of application 136 
within their respective regions;  137 
 138 
b. Assist BAFE in the conduct of surveillance assessment and on-site evaluation on 139 
the operation and after -sales service  of all applicants;  140 
 141 
c. Monitor the compliance of all CC primary holder and holder within their 142 
respective regions; and  143 
 144 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
4 
 d. Perform other duties and functions relevant to the issuance of CC for 145 
agricultural and fisheries machinery . 146 
 147 
The LGU  shall undertake the following functions:  148 
 149 
a. Assist BAFE and DA - RAED in the conduct of surveillance assessment and on -site 150 
evaluation on the operation and after -sales service of all applicants;  151 
 152 
b. Assist BAFE and DA -RAED in the monitoring of the compliance of all CC primary 153 
holder and holder within their respecti ve cities/municipalities ; and  154 
 155 
c. Perform other duties and functions relevant to the issuance of CC for agricultural 156 
and fisheries machinery . 157 
 158 
ARTICLE II I 159 
ISSUANCE OF COMPLIA NCE CERTIFICATE  (CC)  160 
 161 
SECTION 5. Application Procedures  and Requirements  162 
 163 
All applicants shall secure CC application form from BAFE  or DA-RAED . All 164 
accomplished applications shall be submitted to the BAFE Secretariat  or to the ir 165 
respective DA-RAED  for initial evaluation of application . The DA-RAED  shall submit the 166 
evaluated applications to the BAFE Secretariat.  Only those applications with complete 167 
and valid documents shall be processed and evaluated. The screened applications shall 168 
be forwarded to the TEAAC for their review and recommendation to t he BAFE. The 169 
BAFE  may  conduct on-site evaluation on the operation of all applicants  if deemed 170 
necessary , final review on the applications and issue the approval to compliant 171 
machinery. In case of denied certification, the BAFE shall notify the applicant th rough a 172 
letter indicating the grounds for denial. For approved certification, BAFE shall notify the 173 
applicant on the schedule of the release of CC. T he applicant shall pay the prescribed fee 174 
prior to the issuance of CC. The cross functional flow chart for the application 175 
procedures  is shown in Annex A. 176 
 177 
Authorized representative/s, on behalf of the applicant, may also file an application  for 178 
the issuance of CC  provided that they will submit the following:  179 
 180 
a. Company Identification Card; and  181 
 182 
b. Special Power of Attorney or Board Resolution  183 
 184 
Importers can only apply if the foreign manufacturers refuse to apply for CC.  185 
 186 
5.1 New Application  187 
 188 
For new applications, the following documents  shall be submitted : 189 
 190 
a. Duly accomplished  application form  (Annex B); 191 
 192 
b. Certificate of Distributorship/Dealership (if applicable)  193 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
5 
  194 
c. Certificate of Free Sale/Registration  or equivalent documentary 195 
requirement  indicating the country of o rigin  (for imported agricultural 196 
and fisheries machinery)  197 
 198 
d. Authenticated Copy of  Test Report  (TR)  issued by UPLB -AMT EC or 199 
accredited testing center;  and 200 
 201 
e. Other documents as deemed necessary  202 
 203 
5.2 Renewal   204 
 205 
For renewal , the following documents  shall be submit ted: 206 
 207 
a. Certified True Copy of Previously Issued CC ; 208 
 209 
b. Duly accomplished application form  (Annex B); 210 
 211 
c. Authenticated Copy of TR issued by UPLB -AMTEC or accredited testing 212 
center; and 213 
 214 
d. Other documents as deemed necessary  215 
 216 
Renewal of CC shall be filed one (1) month before the expiration of the CC.  BAFE 217 
shall ascertain that the applicant for renewal continuously complies with the 218 
requirements set in the  PNS/PAES , as well as the PNS/PAES for After -Sales 219 
Service  and the requirements set herein.  220 
 221 
Section 6. Compliance Certificate  (CC)  222 
 223 
The BAFE  shall issue the CC to agricultural and fisher ies machinery with existing 224 
PNS/PAES . For those agricultural and fisheries machinery with prime mover, the CC 225 
shall be issued specifically to the brand/model of the machine and prime mover which 226 
are indicated in the TR.  227 
 228 
Only agricultural and fisheries machinery grante d with CC shall be allowed to be 229 
procured and sold in the market.  Only primary holder or holder of CC shall be allowed 230 
to join in the government procurement.   231 
 232 
6.1 Content s of CC 233 
 234 
The CC shall contain the following information:  235 
 236 
a. Name and Address of the company ; 237 
 238 
b. Name of agricultural/fisheries machinery;  239 
 240 
c. Photograph of the machine ; 241 
 242 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
6 
 d. Brand/Model  of the machinery;  243 
 244 
e. Brand/Model/Name and Address of Manufacturer of the engine (if 245 
applicable) ; 246 
 247 
f. Reference PNS/PAES ; 248 
 249 
g. CC number;  250 
 251 
h. Date of issuance and validity of the certificate ; and 252 
 253 
i. Signature of the BAFE Director . 254 
 255 
The template of the CC  is shown in Annex C. 256 
 257 
6.2 Utilization  of CC 258 
 259 
The p rimary holder  has the right to allow its network of ADDIE the use of CC 260 
provided that the ir information are included in the  Authority to Use the CC  261 
(Annex D)  to be  submitted to BAFE.  Only those ADDIE  indicated in the Authority 262 
to Use the CC shall be considered as holder.  263 
 264 
The p rimary holder  and the holder  shall continuously comply with the 265 
requirements set herein. Hence, primary h older shall assume full responsibility 266 
on the utilization of CC. The primary holder shall be held liable for the holder  267 
who sells  machinery which  does not conform with the PNS/PAES  as proven 268 
during the conduct of surveillance assessment  or the holder that have committed 269 
any misconduct as stated in the p rovisions of this Guideli nes. No primary holder 270 
or holder  can use the CC if it has been suspended, revoked, withdrawn or 271 
cancelled.  272 
 273 
The primary holder shall request for a certified true copy of the CC for the holder 274 
upon payment of the prescribed fee  to BAFE . Each holder shall have a certified 275 
true copy of the CC. Further, the primary holder and the holder shall provide a 276 
copy of the CC to the procuring entity of the offere d agricultural and fisheries 277 
machinery in the market.  278 
 279 
6.3 Procedures for Change in Circumstance  280 
 281 
Should there be a change in circumstance  provided by the primary holder  in the 282 
application, such as change of name of company, change of address , change of 283 
ownership, etc.,  the primary holder shall notify  the BAFE through writing in five 284 
(5) working days before effecting changes.  Any change in circumstances shall 285 
require a new application  for the issuance of CC. The original copy of the 286 
previously issued CC shall be surrendered to BAFE.  287 
 288 
 289 
 290 
 291 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
7 
 6.4 Exemption  292 
 293 
All agricultural and fisheries machinery without PNS/PAES shall  temporarily be 294 
exempted from the issuance of CC pending the formulation of PNS/PAES.  295 
 296 
SECTION 7. Implementation of C ompliance Certificate  (CC)  by Phase  297 
 298 
The implementation of the issuance of CC shall be by phase . Agricultural  and fisheries 299 
machinery that are not  covered  under the approved phas ing shall not require CC 300 
otherwise deemed  necessary .  301 
 302 
The phases of implementation is as follows:  303 
 304 
7.1 Phase I  305 
 306 
All engines and agricultural and fisheries machinery with rated power 90 hp and 307 
above including its attachment shall be issued with CC starting  at the first year 308 
of the implementation of the guidelines . 309 
 310 
7.2 Phase II  311 
 312 
Agricultural and fisheries machinery covered in Phase I and those  with rated 313 
power between 25 hp to 89 hp including its attachment shall be issued with CC 314 
at the third year of the implementation of the guidelines . 315 
 316 
7.3 Phase III  317 
 318 
All agricultural and fisheries machinery not covered  in Phase s I and II shall be 319 
issued with CC at the fifth year of the implementation of the guidelines.  320 
 321 
During the fifth year of implementation, all agricultural and fisheries machinery with 322 
existing PNS/PAES shall be required to apply for the issuance of CC.  However, various 323 
machinery may be required for the application and issuance of CC earlier than the 324 
abovementioned phasing of implementation as deemed appropriate by BAFE.  325 
 326 
SECTION 8. Validity  327 
 328 
The CC shall have the same validity with the submitted Test Report issued by the UPLB - 329 
AMTEC or any accredited testing center .  330 
 331 
Any modification in the design  of the certified agricultural and fisheries machinery shall 332 
be subject ed to the evaluation of BAFE . A new application shall be required  for those 333 
machinery that undergo modification which  have effect on the performance .  334 
 335 
SECTION 9. Suspension, Revocation, Withdrawal or Cancellation   336 
 337 
The CC  issued under this Guidelines may be suspended, revoked, withdrawn  or 338 
cancelled due to  any of the following grounds:  339 
 340 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
8 
 a. The agricultural and fisheries machinery fails to conform with PNS/PAES  during 341 
surveillance assessment ; 342 
 343 
b. The primary holder made false statements in connection with  the applicatio n of 344 
the CC; and  345 
 346 
c. The primary holder  or holder  violates any of the provisions of this Guidelines . 347 
 348 
A Notice of Violation  shall be sent to the primary holder  stating the grounds for the 349 
contemplated action. An appeal on the notice shall only be accepted within five (5 ) 350 
working days upon the receipt of the notice. The appeal shall be subjected to the 351 
evaluation of BAFE.  352 
 353 
In case of suspension, a motion for reconsideration in lifting the suspension shall be 354 
submitted to BAFE  by the primary holder . The BAFE shall send a Lifting Notice to the  355 
primary holder once the motion for reconsideration  is approved . On the other hand , a 356 
notice on revocation, withdrawal or cancellation of the CC shall be sent to th e primary 357 
holder  that does not comply  with  the violated acts  within the period as deemed 358 
appropriate by BAFE . 359 
 360 
A primary holder who has been suspended for three times on any of the grounds stated 361 
in Section 14  shall result to an automatic revocation, withdrawal or cancellation of the 362 
CC. 363 
 364 
SECTION 1 0. Certification  Registry  365 
 366 
BAFE shall ensure that th e name, TR number and CC number of the evaluated 367 
machinery is available for viewing in the official website of BAFE.  368 
 369 
The BAFE shall maintain a registry of the following:  370 
 371 
10.1 Compliant Certification Registry  372 
 373 
List of all compliant agricultur al and fisheries machinery that shall be included in 374 
the certification registry.  375 
 376 
10.2 Registry of Denied Certification  377 
 378 
List of all non -compliant agricultural and fisheries machinery that shall be 379 
included in the registry of denied certification.  380 
 381 
10.3 Registry of Machinery with Pending Cases  382 
 383 
List of all suspended agricultural and fisheries machinery that shall be included 384 
in the registry of machinery with pending cases.  385 
 386 
Denied application  for the issuance  of CC shall be listed in the registry of denied 387 
certification . However, it  may be reclassified and transferred to the compliant 388 
certification registry  once it conforms  with PNS/PAES and has passed the evaluation of 389 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
9 
 BAFE .  390 
 391 
Removal of the machine ry from the certification registry shall be undertaken by BAFE 392 
upon the expiration of the CC and in accordance with the grounds stipulated in Section 393 
14 of this Guidelines or any other grounds recomme nded by TEAAC and approved by 394 
BAFE . 395 
 396 
SECTION 1 1. Fees and Charges  397 
Collection of all fees and charges shall be paid at the BAFE  cashier . Fees and charges 398 
may be subjected to changes, as deemed necessary . The fees and charges collected are 399 
non-refundable  and subject to the usual government accounting and auditing r ules and 400 
regulations.  401 
The following fees and charges shall be collected:  402 
 403 
a. Application Fee ; 404 
 405 
b. Issuance Fee  (New) ; 406 
 407 
c. Issuance Fee (Renewal) ; 408 
 409 
d. Change of Circumstance  of the Primary Holder ; and  410 
 411 
e. Certified True C opy of CC 412 
 413 
A separate guidelines relative to the issuance of CC detailing the schedule of fees and 414 
charges shall be issued by BAFE.  415 
 416 
ARTICLE IV 417 
SURVEILLANCE ASSESSMENT AND RECORDS KEEPING  418 
 419 
SECTION 1 2. Surveillance Assessment and Records Keeping  420 
 421 
The Surveillance Assessment shall be done  periodically to ensure that the agricultural 422 
and fisheries machinery continuously conforms to  the performance requirements and 423 
after -sales service stipulated in the PNS/PAES  after the grant of the CC. Surveillance 424 
Assessment Report shall be copy furnished  to the  primary  holder  and holder . 425 
 426 
A separate record  (i.e. inventory of the certified agric ultural and fisheries machinery  427 
and distribution report ) exclusively for certified agricultural and fisheries machinery 428 
shall be maintained by the primary holder and the holder and be made available for 429 
inspection at all times . 430 
 431 
ARTICLE V 432 
TERMS AND CONDITIONS OF THE COMPLIANCE CERTIFICATE  (CC)  433 
 434 
The primary holder shall assume full responsibility for the contemplated action of the 435 
holder. Further, t he primary holder  or holder  shall:  436 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
10 
   437 
a. Ensure that the  certified agricultural and fisheries machinery conforms to its 438 
respective PNS/PAES  and PNS/PAES for After -Sales Service during the conduct 439 
of surveillance assessment ; and 440 
 441 
b. Give access to the BAFE on the agricultural and fisheries machinery 442 
manufactured  or stored  for the purpose of surveillance assessment, checking of 443 
records and other  related  documents .  444 
 445 
ARTICLE VI 446 
FINAL PROVISIONS  447 
 448 
SECTION 14. Prohibited Acts  449 
 450 
No person shall engage in procuring or selling of agricultural and fisheries machinery 451 
unless duly certified by BAFE  and issued with CC. Further, i t is unlawful for any person 452 
to manufacture, distribute, fabricate, assemble, import, export, supply, deal of an y 453 
agricultural and fisheries machinery covered by CC: 454 
 455 
a. under a fake, withdrawn, suspended , revoked  or cancelled CC; and 456 
 457 
b. who  continues to produce or sell machinery in the market but fails to file an 458 
application for renewal.  459 
 460 
SECTION 15. Penalties and Sanctions  461 
 462 
15.1 Penalties  463 
 464 
Any entity who shall violate any provision of this Guidelines shall, upon conviction be 465 
subject to a fine of not less than One thousand pesos (Php1,000.00) but not more than 466 
Ten thousand pesos (Php10,000.00) or imprisonment of not less than two (2) months 467 
but not more th an one (1) year, or both, upon the discretion of the court and/or other 468 
applicable pen alties imposed under the AFMech Law.  469 
 470 
15.2 Sanctions  471 
 472 
This provision shall take effect upon the enactment of this Guidelines. The BAFE 473 
Director or his /her  duly authorized representative has the power to take the following 474 
actions : 475 
 476 
a. Issuance of a cease and desist order ; 477 
 478 
b. The recall, replace ment , seizure, forfeiture or condemnation of the agricultural 479 
and fisheries machinery that is not duly certified ; 480 
 481 
c. Cancellation , revocation or withdrawal  of CC or suspension of the validity ; 482 
 483 
d. Withholding of CC; and 484 
 485 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
11 
 SECTION 1 6.  Separability Clause  486 
 487 
Should any provision of this Guidelines or any thereof be declared invalid, the other 488 
provisions, so far as they are separable, shall remain in force and effect.  489 
  490 
SECTION 1 7. Repealing Clause  491 
 492 
All existing circulars,  rules and regulations, or parts thereof, in conflict with, or 493 
inconsistent with any provisions of this Guidelines  are hereby repealed or modified  494 
accordingly.  495 
 496 
SECTION 18. Effectivity  497 
 498 
This Guidelines  shall take effect  upon approval of the DA Secretary and fifteen (15) days 499 
after its publication in a newspapers of general circulation.  Three (3) copies of this 500 
Guidelines shall be sent to the University of the Philippines Law Center.  501 
 502 
Approved and promulg ated this ____ day of _____ 2018 . 503 
 504 
 505 
 506 
EMMANUEL F. PI ÑOL                                                                                      507 
Secretary   508 Department Circular No. ___  3rd Draft  
Series of 2018  May 15 , 2018  
12 
 References:  509 
 510 
DAO No. 02:2007 - Defining the Responsibilities and Liabilities of Manufacturers, 511 
Importers, Traders, Wholesalers, Distributors, Retailers, Service Providers and or their 512 
Agents, with Regard to Product/Services covered by the Philippine Standard 513 
Certification Mark Schemes and Prescribing Penalties for Violation Thereof  (2007)  514 
 515 
DC No. 5: 2007 - National Guidelines on Testing a nd Evaluation of Agricultural and 516 
Fisheries Machinery  (2017, June 6)  517 
 518 
R.A. 10601; Agricultural and Fisheries Mechanization Law  and its Implementing Rul es 519 
and Regulations  (2013, June)  520 
 521 
ISO 17065:2012 - Conformity assessment – Requirements for bodies certifying 522 
products, processes and services  (2012)  523 
 524 
ISO 17067:2014 – Conformity assessment – Fundamentals of product certification and 525 
guidelines for product certification schemes  (2014)  526