fer SEP HES EN

fe repeyen A

© ont:

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

an
nousE BuLNO.8 71?

Introduced by Representative Divina Grace C. Yu

EXPLANATORY NOTE

This proposed legislation builds on Republic Act No. 9236, also known as “National Metrology
Act of 2003”.

In consonance with the objectives set forth under RA 9236, the State shall provide support to
Research and Development ( R&D) in Metrology covering the environment and climate change,
public health and safety, transportation, information and communications technology (ICT),
Biotechnology/Genomics, Material Science, Nanotechnology, Photonics, Metrology in
Chemistry, Space Technology applications, and other emerging and enabling technologies.

This bill endeavors to facilitate progress in the national economy by encouraging the
standardization and modernization of units and standards of measurements to adapt the needs
of times. It seeks to encourage the adoption of international best practices in measurements in
response to future developments and requirements.

This bill supports the harmonization of national metrological standards with international
standards, mutual recognition arrangements, and statistical controls as envisioned in the
ASEAN economic integration, the World Trade Organization (WTO), international agreements,
and covenants resulting to globally competitive and quality product and services that conforms
to the national standards. In addition, this bill will accord greater consumer protection,
transparency, and confidence in measurements.

etitiveness

The early passage of this important piece of legislation will further bi
of Philippine products and services.

In view of the above, the immediate passage of this bill is earnestly sou;

First District, Zhfnboahga del Sur


1
2
3
4
5
6
7
8
9

10

an

2

13

14

15

16
v
18
19
20
21
22
23
24
25

26
27
28
29
30

31
32
33
34
35
36
37

38
39
40
a
42
43
44
45
46
47
48
49
50

51
52

Republie of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BiLLNoB 717

Introduced by Representative Divina Grace C. Yu

AN ACT STRENGTHENING THE NATIONAL MEASUREMENT
INFRASTRUCTURE SYSTEM (NMIS) AMENDING RA 9236 ALSO KNOWN AS
“THE NATIONAL METROLOGY ACT OF 2003,” AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title. — This Act shall be known and cited as the “Enhanced National
Measurement Infrastructure System (NMIS) Act of 2016";

SECTION 2. Declaration of Policies. -The State shall support the harmonization of
national metrological standards with international standards, mutual recognition
arrangements and statistical controlsas envisioned in the ASEAN Economic Integration,
World Trade Organization (WTO), and international agreements and covenants resulting to
globally competitive and quality products and services.

In addition to Section 2 of R.A. 9236, the State shall provide support to research and
development in metrology covering environment and climate change, public health and
safety, transportation, information and communication, Biotechnology/Genomies, Material
Science, Nanotechnology, Photonics, Metrology in Chemistry, Space Technology applications
and other emerging and enabling technologies; encourage the adoption of international best
practices in measurement and quality infrastructures for maximum national benefit; and
accord greater consumer protection, transparency and confidence in measurements.

SECTION 3. Objectives. — This law builds on Republic Act No 9236 also known as the
“National Metrology Act of 2003.” Based on the policies enunciated in RA 9236 and this Act,
the following objectives shall be pursued:

‘ablish the National Metrology Institute (NMI) under the Department of Seience
and Technology

b. Provide capacity building programs through competency training to. strengthen the
local metrology authorities at the local level;

c. Foster a metrology culture that will instil a keen appreciation of the importance of
metrology.

this law shall have a national application and shall cover all
ind processes.

SECTION 4. Scope.
agenciesinstitutions, private entities performing metrological activities

SECTION 5. Definition of Terms - Section 3 of RA 9236 is hereby expanded to include
the following:


a, Accreditation — third party attestation related to a conformity assessment body
conveying formal demonstration of its competence to carry out specifie conformity
assessment tasks

Note: ‘The national accreditation system, in general, is a voluntary system which
establishes the competence and impartiality of
© calibration laboratories to perform traceable calibrations and measurements,
© testing laboratories,
© inspection bodies, and
© Certification bodies which perform product certification, quality systems
certification or certification of personnel.
© Notall countries have a national accreditation system. If it exists, it should be
recognized by the appropriate authorities.

b. Conformity Assessment — demonstration that specified requirements relating to a

product, process, system, person, or body are fulfilled,

DOST Regional Offices-serve as focal points for the planning and implementation of

S&T programs and projects in their respective regions in consonance with the

national S&T plan, They provide local S&T services to the local populace and

coordinate with other government agencies and other stakeholders on S&T matters.

4. DOST Research and Development Institutes (RDIs) - DOST regular agencies
concerned with basic and applied researches on various S&T fields.

€. DOST Science and Technology Service Institutes ~ DOST regular agencies providing
seience and technology-related services,

f Emerging or enabling technologies ~ include Biotechnology / Genomics, Material
Science, Nanotechnology, Photonics, Metrology in Chemistry, Space Technology
applications,

8 Local Metrology Authority (LMA) -the office or person responsible in the
implementation of legal metrological controls at the local level (i.e. LGUs).

h. Mutual Acceptance Arrangement (MAA) —is an arrangement among conformity
certificate issuing authorities for providing confidence in test and examination results
through a formal and mandatory peer evaluation process.

i. Mutual Recognition Arrangement (MRA) - is an arrangement among countries
designed to facilitate the freer movement and employment of qualified and certified
personnel between countries.

j. Pre-Packaged Products- any commodity that is enclosed in a container or wrapped in
any manner, and for which its quantity has been determined and indicated on its
label prior to being offer for sale. ‘The quantity of the produet contained cannot be
changed without the pre-package being opened or doing a perceptible modification.

k, Stakeholders ~ as used in this Act shall refer to all individuals and entities involved in
any metrological activities and processes.

|. ‘Type or Pattern Approval on Measuring Instruments as defined in R.A. 9236 - shall
refer toconformity assessment procedure on one or more specimens of an identified
type (pattern) of measuring instruments which results in an evaluation report and/or
an evaluation certificate.

SECTION6. Organizational Structure. - For the purpose of strengthening the NMIS
and to attain harmonization of metrology standards consistent with the ASEAN and other
recognized international standards, the National Metrology Institute (NMI) is hereby
created. The NMI shall be headed by an Executive Director, and under the policy, technical,
administrative supervision and control of the Department of Seience and ‘Technology
(DOST). The existing NMB shall have oversight function over the NMI.

‘The NMI, in coordination with the Department of Budget and Management and the Civil
Service Commission, shall determine the appropriate administrative support complement
necessary for the effective and efficient operations of the Institute,


1
2
3
4
5
6
7
8
9
20
cry
2
123
14
15
16
ov
18
19
20
2a
22
23
24
25
26

27
28
29
30
31
32
33
34
35
36
37
38
39
40
a1
a2
43
44
45
46
47
48
49
50
Ss.
52
53
54
55
56
57

SECTION 7. Functions of the National Metrology Institute (NMI). - The NMI shall
fulfill the following functions:

a, Establish and maintain the national physical standards for basic and derived
quantities;

b, Define the requirements for the appointment of private bodies to perform Legal
Metrology service

c. Harmonize qualifications of stakeholders for licensing of verifiers;

d. Adopt the Mutual Recognition Arrangements (MRA) ;

e. Broaden Type or Pattern Approval to allow acceptance of Mutual Acceptance
Arrangements (MAA);

f. Formulate mechanisms for initial statistical validation of utility meters from
manufacturers and subsequent statistical in-service inspection of utility meters;

g Adapt OIML Recommendations to legal metrology regulations as well as
alignment with international traceability and conformity standards;

h. Provide administrative support to the National Metrology Board and set up
proper coordination, reporting and feedback to the NMB regularly.

i, Establish cooperation or linkages on Metrology at the national and international
levels; and

j. Ensure the effective and efficient operations of the NMI in carrying out the above
functions and responsibilities.

SECTION 8. Strengthening the National Metrology Board~The National Metrology
Board under Section 5 of RA 9236, shalll be strengthened to include the Secretary/Chairman
or the duly authorized representative of the following agencies/offices:

* Department of Energy (DOE)
Department of Public Works and Highways (DPWH)
Department of National Defense (DND)
Philippine Information Agency (PTA); and
Committees on Science and Technology of the Senate and House of
Representatives
‘The third paragraph of Section of R.A. 9236 is hereby amended as follows:

‘The NIMB Secretariat including its plantilla positions
Office of the DOST Seeretary.

is hereby transferred from ITDI to the

ies of the Board. Section 6 of RA

SECTION 9. Functions, Duties and Responsibiliti
9236 is hereby amended to include the following:

a, To ensure the execution of the upkeep and conservation of national primary and
secondary standards in conformity with the Board-Authorized Units; To guarantee
the use in the country of a uniform system if units and measurement standards of
physical and chemical quantities;

b, To make sure that the necessary guidelines are issued and enforced on such areas of
metrology but not limited to utilization of measuring equipment and devices, type
approval on measuring equipment, verification, calibration, use of control marls and
other metrological controls on measurement standards and measuring equipment;

¢. To warrant that the accuracy and application of quantities and similar metrological
requirement are met in all commercial, economic, scientific, technical and similar
endeavours;

4. To approve rates for the metrological work and similar calibration services rendered
by the NMI, DOST Regional Metrology Laboratories and other government
metrology laboratories;

e. To ensure that type approval of measuring instruments are carried out by NMI and
other competent laboratories;

f, To ensure that persons or business entities regularly engaged in importing,
manufacturing, repairing, selling or hiring certain measuring equipment comply with
the provisions of this Act; and



g. To perform such other functions, duties and responsibilities as may be necessary to
implement this Act.

SECTION 10. - The Role of the Department of Trade and Industry (DTD) -
Pursuant to the Chapter II, Art, 61-65 of R.A. 7394 also known as the Consumer Act of the
Philippines, and to ensure consumer protection and safety for inaccurate and false
measurements of consumers products, goods and services, the DTI, through their regional
and provincial offices shall coordinate and monitor the implementation of the national
metrology policy atthe local level.

‘The DTI shall also conduct surveillance, inspections and verifications on the sale of pre-
packaged products.

SECTION 11. The Role of the Local Metrology Authority. — Pursuant to Section 148
of Book II of the Local Government Code or R.A. 7160 and Chapter II, Art. 61-65 of R.A.
7394, each LGU thorugh their Treasurer's Office shall be tasked to perform the following
functions:

Implement the national metrology policyat the local level;

b. Enforce the legal metrology regulations at the local level;

¢, Set-up a Weights and Measures Office;
Conduct registration of measuring instruments for commercial applications; and

e. Issue certification for measuring instruments that are verified to be correct and ready
for commercial applications.

‘The DILG shall ensure that the LGUs shall implement the provisions of this Act.
SECTION 12. Label

Section 10 of RA 9236 is hereby amended to include non-conformity to pre-
products requirements.

Verification of Quantity in Pre-Packaged Products -
ackaged

Labelling requirements, procedures and regulations as defined and formulated in accordance
with recognized International Metrology Standards such as, but not limited to, O[IML R79,
R87 and ASEAN Common Requirements on Pre-Packaged Products shall be formulated
through the Implementing Rules and Regulations of this Act.

SECTION 13.Market Surveillance of the Use of Measuring Instruments and Pre-
Packaged Products. ~The appropriate government agencies or their accredited private
laboratories shall undertake metrological surveillancefor measuring instruments and pre~
packaged products, For this purpose, measuring instruments and pre-packaged products
intended to be placed on the market and/or put into service for the first time, shall be
consistent with conformity assessment system requirement:

SECTION 14, Laboratories and Procedures. - SECTION 11 is hereby amended to
include the following, NMI, LMAs, accredited laboratories, manufacturers and other entities
accredited under the national accreditation body, as defined under Sections 13 and 14 of RA
9236.

SECTION 15. Mutual Recognition Arrangement (MRA). ~ ‘The Philippines shall enter
into international agreements recognizing the equivalence of the national measurement
standards, and legal metrology systems and controls of countries that are signatories of the
Global Mutual Recognition Arrangements such as those issued under the International
Committee of Weights and Measures (CIPM NRA). Also, the Philippines shalll participate in
international legal metrology conformity assessment systems,

SECTION16. Accrediting Body - Section 13 of RA 9236 is hereby amended to include
theDepartment of Public Works and Highways (DPWH).


2
3B
14
15
16
wv
18
19
20
21
2
2B
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
a2
43
44
45
46
47
48
49
50

SECTION 17. Education and Public Information/Advocacy. —A National Metrology
Training Center attached to the NMI shall be established to undertake education and
training on Metrology.

In addition, the NMI, in collaboration with the Philippine Information Agency (PIA) and
other concerned government agencies, shall conduct information, education, and advocacy
programs to promote Metrology.

SECTION 18. Penalties. ~ ‘The penalties provided under Section 17 of R.A. 9236 shall be
subject to review every five years following the effectivity of this Act and amended
accordingly.

SECTION19. Appropriations. The second paragraph of Section 18, RA 9236 is hereby
amended as follows:

All fees/ income generated from metrological services shall be used by the Board, NMI,
DOST Research and Development Institutes (RDIs), Service Institutes and RegionalOffices,
and other government offices performing metrology activities, to augment its funds for their
operation and other metrology-related functions and activities.

SECTION 20. Transitory Provisions. ~ ‘The National Metrology Laboratory Philippines
(NML Phil), a division under ITDI responsible for establishing and maintaining the national
physical standards for basic and derived quantities, is hereby transformed into the NMI.
Thereafter, all powers, functions, duties, records, files and assets including plantilla positions
of the NML shall be transferred to the NMI.

There shall be no diminution of rank and salaries, allowances and benefits between
transferred employees, new employees of NMI shall be entitled to the same allowances and
benefits as transferred employees,

‘The ITDI shall formulate a transitory implementation plan in its IRR, for phasing in/transfer
of the NML Phil to the NMI created under this Act, including a schedule for the
implementation and enforcement of the policies and regulation provided under this Act.

SECTION21. Implementing Rules and Regulations (IRR).— The DOST with other
concerned government departments, agencies and representatives mentioned in Section 5
hereof shall within ninety (90) days from the effectivity of this Act issue the necessary
implementing rules and regulations of this Act.

SECTION22. Separability Clause. ~ If for any reason, any provision of this Act is
declared unconstitutional, the other sections or provisions hereof which are not hereby
affected shall continue to be in full force and effect,

SECTION 23. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or
portions thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 24. Effectivity. ~ This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earli

APPROVED.