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ats Republic of the Philippines
re) DEPARTMENT OF ENERGY
ege

DEPARTMENT CIRCULAR NO. 002022 -03- 0005 p-

GUIDELINES FOR THE RECOGNITION OF TESTING LABORATORIES FOR THE
EXAMINATION, TESTING AND VERIFICATION OF THE ENERGY EFFICIENCY OF
ENERGY-CONSUMING PRODUCTS (ECPs) AND THE FUEL EFFICIENCY OF
TRANSPORT VEHICLES, INCLUDING THE ISSUANCE OF CERTIFICATE OF
ENDORSEMENT TO THE BOARD OF INVESTMENTS (BOI) FOR FISCAL INCENTIVES

WHEREAS, Section 2 of Republic Act No. (RA) 7638 or the “Department of Energy (DOE) Act
of 1992” states that it is the policy of the State to ensure a continuous, adequate, reliable, and
economic supply of energy through, judicious conservation, renewal, and efficient utilization
of energy, to keep pace with the country’s growth and economic development, among others;

WHEREAS, Section 5 of the DOE Act of 1992 enumerates the powers and functions of the
DOE, which include, among others, the formulation of policies for the planning and
implementation of a comprehensive program for the efficient supply and economical use of
energy consistent with the approved national economic plan, and the provision of a
mechanism for the integration, rationalization and coordination of the various energy programs
of the Government with a preferential bias for environment-friendly, indigenous, and low-cost
sources of energy;

WHEREAS, Section 3 of RA 11285 or the “Energy Efficiency and Conservation Act” (EEC Act)
provides for the establishment of a framework for introducing and _ institutionalizing
fundamental! policies on energy efficiency and conservation, including the promotion of
efficient and judicious utilization of energy, increase in the utilization of energy efficient and
renewable energy technologies, and the delineation of responsibilities among various
government agencies and private entities;

WHEREAS, Section 16 of the EEC Act directs the DOE to regularly select energy-consuming
products and their models for examination, testing, and verification. As such, the DOE may
require any manufacturer, importer, supplier, distributor, or retailer of energy-consuming
products (ECPs), devices, and equipment to make available, at such place as the DOE may
specify, such number of products as the DOE considers to be reasonably necessary for
examination and testing;

WHEREAS, Section 17 of the EEC Act directs the DOE to develop fuel efficiency testing
guidelines for the conduct of fuel efficiency tests to validate the information provided by vehicle
manufacturers, importers, and dealers as regards to the technical information on the fuel
economy rating of their engine;

WHEREAS, Section 16 of the EEC Act and Section 61 of Department Circular No. DC2019-
41-0014 or the "Implementing Rules and Regulations of the EEC Act” (EEC-IRR) states that
the DOE, subject to procurement laws and regulations, and to ensure compliance with the
minimum energy performance (MEP) requirement, may procure the services of or enter into
an agreement or other arrangement with a qualified supplier or entity to carry out the
examination, and testing of ECPs, and fuel efficiency of transport vehicles;

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WHEREAS, Rule XII (Energy Efficiency Rating and Labeling Requirements) of the EEC-IRR
mandates the DOE to prescribe efficiency rating and energy labeling systems for products and
equipment and transport vehicles which shall be implemented for all applicable industry
stakeholders;

WHEREAS, Department Circular No. DC2020-06-0015 or the “Philippine Energy Labeling
Program (PELP) Guidelines” prescribes the mandatory compliance for importers,
manufacturers, distributors, and dealers of electrical appliances and other ECPs;

WHEREAS, Department Circular No. DC2020-10-0023 provides for the policy framework for
the development of the fuel economy rating, fuel economy performance, and related energy
efficiency and conservation policies for the transport sector and other support infrastructures;

WHEREAS, Section 6 (a) and 25 of EEC Act and Section 71 of EEC-IRR provide that the
Board of Investments (BOI) shall include energy efficiency (EE) projects in the annual
Investment Priorities Plan (IPP) for incentives under Executive Order No. (EO) 226, series of
1987 or “Omnibus Investments Code” and any other applicable laws for ten (10) years from
the effectivity of the EEC Act. After the aforementioned period, the inclusion of EE projects in
the annual IPP shall be reviewed and may be extended by the BOI. Moreover, EE projects
shall-be exempt from Article 32(1) of EO 226;

WHEREAS, Chapter V. Section 300 of RA 11534 or the “Corporate Recovery and Tax
Incentives for Enterprises Act” (CREATE) mandates the BOI, in coordination with the Fiscal
Incentives Review Board, Investment Promotion Agencies, other government agencies
administering tax incentives, and the private sector, to formulate a Strategic Investment
Priority Plan (SIPP) that shall contain, among others, the list of priority projects or activities
included in the Philippine Development Plan or its equivalent, or other government programs;

WHEREAS, pending the approval of the SIPP under CREATE, the 2020 Investment Priorities
Plan (IPP) could serve as the transitional list of sectors to be promoted for investments and
qualified for incentives;

WHEREAS, the DOE conducted public consultations attended by various stakeholders on 22
December 2021 and 27 January 2022 to discuss the Guidelines presented in this Department
Circular; and

WHEREAS, the development of Guidelines for the Recognition of service providers in the
conduct of examination, testing and verification of the energy performance of ECPs and
transport vehicles, will lead to the effective implementation of the provisions of the EEC Act,
the EEC-IRR, and the PELP Guidelines, including the validation of information, provided by
the manufacturers, importers, suppliers, distributors, and retailers, as reflected in the. DOE
Energy Label.

NOW, THEREFORE, for and in consideration of all the foregoing premises and pursuant to its
mandate under the EEC Act, EEC-IRR, and the PELP Guidelines, the DOE hereby issues,
adopts and promulgates the following:

Section 1. Title. This Department Circular shall be known as the “Guidelines for the
Recognition of Testing Laboratories for the Examination, Testing and Verification of the
Energy Efficiency of Energy-Consuming Products (ECPs) and the Fuel Efficiency of Transport
Vehicles Including the Issuance of Certificate of Endorsement to the Board of Investments
(BOI) for Fiscal Incentives”.

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|. ISSUANCE OF CERTIFICATE OF RECOGNITION TO RECOGNIZED TESTING

LABORATORIES

Section 2. Scope. This Department Circular shall apply to the Recognition of Testing
Laboratories, both public and private, engaged in conducting energy efficiency performance
test and fuel efficiency and shall be independent from any manufacturer/importer engaged in
business covered by energy labeling pursuant to Section 61(d)(i), Rule XII of the EEC-IRR.

Section 3. Purpose. DOE-recognized testing laboratories (RTLs) shall provide testing
services on energy performance and fuel efficiency that is relevant to the implementation of
PELP and transport vehicle labeling. This includes the following:

a.

Conduct of verification testing of post-market samples obtained by DOE during
monitoring activities.

Conduct of verification testing necessary for the resolution of challenge tests lodged
towards a PELP-covered product.

Conduct energy performance testing for energy labeling registration purposes. It
should be noted, however, that Recognition is not a requirement for energy
performance testing for product registration purposes.

Section 4. Definition of Terms. For the purposes of this Department Circular, the terms and
definitions under the EEC-IRR, PELP Guidelines and Department Circular No. 2020-06-0016
or “Minimum Energy Performance for Products (MEPP) Guidelines” shall be used in
suppletory to the following terms and definitions:

a. “Applicant” refers to any juridical person or entity who applies to be recognized and
has control over the laboratory and shall ensure compliance with all the requirement
of this Department Circular.

b. “Assessment” refers to the general task of evaluating an Applicant Testing
Laboratory to determine if it meets DOE’s requirements for Recognition.

c. “Assessment Team’ refers to representatives from the DOE headed by the Energy
Utilization Management Bureau (EUMB), and technical experts/assessors duly
recognized and authorized by DOE as members who are tasked to evaluate testing
laboratories for the purpose of Recognition.

d. “BOl’ refers to the implementing body responsible for the development, regulation,
and promotion of investments in the Philippines.

e. “Certificate of Endorsement” refers to the certification issued by the DOE-EUMB to
the BO! to endorse projects for availment of fiscal incentives.

f. “Certificate of Recognition” refers to the certification issued by the DOE-EUMB to
RTLs required to fulfill the tasks stated in Section 3 of this Department Circular.

g. “Conformity” refers to the fulfillment of requirements of a standard.

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“Fiscal Incentives” refers to financial instruments, such as tax reduction, incentives
and subsidies that may be granted by the BOI to help stimulate and support the
establishment of testing laboratories or expansion of scope of existing laboratories,
which are instrumental in the implementation of energy labeling initiatives.

“Recognition” refers to the procedure by which DOE gives formal acknowledgement,
under duly established guidelines and rules, that an entity is competent to carry out
tests in accordance to set standards.

“RTL’ refers to testing laboratories recognized by the DOE in accordance with this
Department Circular.

“Surveillance audit” refers to a periodic audit of RTLs conducted by the Assessment
Team to ensure continued compliance to the Recognition requirements.

“Testing Laboratory” refers to a laboratory which examines, tests, and verifies the
characteristics or performance of a product.

“Verification” refers to the evaluation of Conformity by examining, testing, and
verifying relevant characteristics of a product.

“Verification Test” refers to the test conducted on a product drawn from the market
to verify the claim of a manufacturer, importer, supplier, distributor, or retailer of
ECPs and transport vehicles.

Section 5. Implementing Units. The following DOE units and other government agencies
shall be the implementing offices of this Department Circular:

a.

EUMB shall be responsible for the formulation, promulgation, enforcement, review,
and evaluation of the PELP policy and for implementing the monitoring activities and
issuance of the Certificate of Recognition of RTLs to ensure the industry players’
compliance to the program.

EUMB -— Alternative Fuels and Energy Technology Division (AFETD) shall lead in
the evaluation of application for the Recognition of testing laboratories for transport
vehicles and shall be responsible in identifying the composition of the Assessment
Team.

EUMB — Energy Efficiency and Conservation Performance Regulation and
Enforcement Division (EPRED) shall lead in the evaluation of applications for the
Recognition of Testing Laboratories for ECPs. EPRED shall be responsible in
identifying the composition of the Assessment Team.

Energy Research Testing and Laboratory Services — Lighting and Appliance Testing
Division (ERTLS-LATD) shall assist in assessing Testing Laboratories for
Recognition purposes and may also be tapped to assist in the testing services for
ECPs covered by PELP.

Legal Services — General Legal Services Division (LS-GLSD) shall be responsible
for the adjudication of violations of prohibited acts under the EEC Act, the EEC-IRR,
this Department Circular and any related violation of a Testing Laboratory in the
conduct of the energy efficiency performance test.

eR
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f. Field Offices shall provide support in the assessment of Applicant's Testing
Laboratory within their respective jurisdiction.

g. Other Government Agencies may be tapped to be a part of the Assessment Team
in the evaluation and assessment of the Applicant’s Testing Laboratory.

Section 6. Requirements. Applicants applying for Recognition must comply with the following
requirements:

a. Duly accomplished application form (Annex A) under oath by the Applicant or duly
authorized representative;

b. Certified true copy of a valid permit to operate business issued by the local
government unit (LGU);

c. Certified true copy of the Bureau of Internal Revenue (BIR) Certificate of
Registration;

d. Duly accomplished affidavit of undertaking to abide by the terms and conditions for
the Recognition of Testing Laboratory (Annex B);

e. Letter of Authorization of representative for the Recognition of Testing Laboratory
(Annex C);

f. Location map of the Testing Laboratory and layout of the Testing Laboratory,
including dimensions (Annex D);

g. Organizational chart showing the relationship between the Testing Laboratory and
other operations of the firm, when applicable (Annex E);

h. List of personnel involved in the operation of the Testing Laboratory including their
job descriptions, responsibilities, qualifications, and Certificate of Competency
(Annex F);

i. List of all equipment, manuals of the procedures and reference materials required
for the tests and calibrations (Annex G); and

j. Certified true copy of Accreditation Certificate issued by the Philippine Accreditation
Bureau (PAB), or proof of ongoing application for accreditation with the PAB, as
compliant with the latest version of PNS ISO/IEC 17025.

Section 7. Criteria for Evaluation of Application. The application for Recognition submitted
by the Applicant shall be evaluated based, among others, on the following:

a. Completeness of the submitted required documents;
b. Legitimacy of the operation of the Applicant;

c. Test Methods/ Procedures used by the Applicant shall be those specified in the
issued or future issuance of PELP Implementing Guidelines (IG);

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Capability of facilities and equipment to determine performance and energy
efficiency of ECPs and fuel efficiency of transport vehicles as specified in the PELP

IG; and,

Quality system aligned with the latest version of PNS ISO/IEC 17025. In
consideration of the regular updating of standards, a transition period of one (1) year
shall be provided to allow adjustments for conformance to the new requirements, if
any, of the latest version of the standard.

Section 8. Procedure. The procedure for Recognition shall be as follows:

a.

Upon submission of application documents by the Applicant, the DOE shall within
two (2) working days determine the completeness of the application documents.
Incomplete requirements shall be returned to the Applicant with corresponding
assessment from the DOE.

The Applicant, upon determination of the completeness of the submitted application
documents, shall pay the non-refundable application fee of Twenty Thousand Pesos
(Php 20,000.00).

As part of the evaluation of application, the Assessment Team will schedule an on-
site assessment within fifteen (15) working days in accordance with Section 7 of this
Department Circular.

The Testing Laboratory shall provide access to the Assessment Team in the conduct
of their duty to inspect the equipment, facilities, and operational documents of the
laboratory to verify compliance by its personnel with the standards set herein.

During the assessment, Applicant shall be informed of any deficiency or non-
conformity on the areas in which the Testing Laboratory failed to meet the
requirements/standards and shall immediately implement corrective measures.

The Applicant is given thirty (30) days to perform corrective measures. Within this
prescribed period, the Applicant should submit corrective action report with evidence
of specific corrective actions. The Assessment Team shall evaluate the proposed
corrective action and may conduct on-site assessment, if necessary.

A report shall be prepared by the Assessment Team and endorsed to the EUMB
Director for appropriate action. The report shall contain the findings of the
assessment and recommendation on Recognition.

The EUMB Director shall either issue a Certificate of RTL or disapprove the
application based on the findings of the Assessment Team. Applications that are not
favorably considered shall be returned and the Applicant shall be notified in writing
of the reason for denial.

Section 9. Obligations of an RTL upon Recognition. The following obligations shall be
observed following the grant of Recognition:

Submit to an on-site inspection which includes Surveillance Audit by the Assessment

a.
Team.
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b. Maintain records of activities for a period of five (5) years which shall be made
available during Surveillance Audit and reproduction upon request of the DOE.
Records required to be maintained shall include copies of the following:

i. Records of test samples

il. Performance test results

tii. Calibration records and copies of calibration certificates (including the
identity of personnel involved in the preparation and calibration)

iV. Records of relevant qualifications, training, skills, and experience of the
technical personnel

V. Records of all equipment
c. Pertinent information related to the administration, operation, and management of
the RTL shall be reported in writing to DOE within fifteen (15) days prior to effectivity
of change including, but not limited to:
i. Change of Name

ii. Change of Address

ili. Change of Authorized representative/s

iv. Change of Personnel
Vv. Change of Equipment
Vi. Bankruptcy

d. An RTL shall continue to comply with the provisions of the latest version of PNS
ISONEC 17025.

e. An RTL shall not enter into subcontracting agreement when undertaking PELP-
related test.

f. An RTL shall conduct Verification Testing of post-market samples obtained by the
DOE, including submission of test report to the DOE once the test has been
completed, as well as the proper disposal or facilitation of the return of the said
samples.

Section 10. Validity of the Certificate of Recognition. The Certificate of RTL shall only be
valid for three (3) years from the date of issuance, unless earlier revoked or cancelled on the
grounds specified in Section 16 of this Department Circular.

Section 11. Renewal of Certificate of Recognition. The application for Renewal of
Certificate of RTL shall be filed at least three (3) months prior to its expiration. In addition, the
procedure outlined in Section 8 of this Department Circular shall be observed in processing
the application for Renewal of Certificate of RTL. The following guidelines shall also be
complied:

i
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a. Applicant laboratory must submit a valid Certificate of Accreditation from the
Philippine Accreditation Bureau (PAB).

b. In cases the laboratory did not renew its Certificate of Recognition prior to its
expiration, the laboratory shall be delisted from the DOE’s list of RTLs. If the
laboratory applies for Renewal Certificate of Recognition after the expiration date, it
shall be considered as a new application.

I. ISSUANCE OF CERTIFICATE OF ENDORSEMENT TO THE BOI FOR FISCAL
INCENTIVES

Section 12. Process for the Submission, Evaluation and Acceptance of Proposals for
the Issuance of Certificate of Endorsement to the BOI for Fiscal incentives. The following
shall be the application procedure for the issuance of a Certificate of Endorsement to the BO!
for Fiscal Incentives:

a. Procedure for Submission of Application. The procedure for the issuance of a
Certificate of Endorsement to the BOI under this Department Circular is as follows:

i. The following projects which provide support for the PELP, the adoption of
high energy performing ECPs including its support infrastructures may
qualify for registration:

1. importation of high efficiency ECPs covering air conditioners,
refrigerating appliances, television sets, and lighting products,
or which may later be covered under the PELP: Provided That,
importation for distribution and sale of high efficiency ECPs may
be allowed for 3 years, subject to commitment to locally
manufacture ECPs for a minimum production of 2 years;

2. Establishment of facility for the local manufacture of high
efficiency ECPs;

3. Establishment of testing laboratories for ECPs covered under
the PELP;
4, For existing testing laboratories, opening of new production line

of high efficiency ECPs under PELP; and
5. Disposal facilities for ECPs covered under the PELP.

ii. The prospective project proponent shall formally submit its proposal
through written communication addressed to the EUMB with all the
relevant documents found in Section 13 of this Department Circular.

iii. Within three (3) working days, the EUMB shall acknowledge receipt of the
proposal and will be undergoing initial evaluation.

iv. Within twenty (20) working days, the EUMB shall acknowledge the
proposal, require additional documents, or reject the proposal based on
technical, financial, and legal evaluations.

a
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Vi.

All project proponents shall pay to the DOE a non-refundable fee of
PhP15,000.00 prior to the submission of its application and documentary
requirements. Proof of payment shall be attached to the application.

Applications shall be submitted in a sealed envelope containing a copy of
its legal, financial, and technical documents.

Evaluation and Endorsement Procedures. The evaluation and endorsement of
Certificate of Endorsement under this Department Circular shall follow:

i.

The project proposal shall establish the project’s significance in attaining
the goals and objectives of EEC Act particularly on the PELP.

The evaluation process shall involve the Verification of the completeness
of the submitted documents, legality, financial capacity of the project
proponent and cost-benefit analysis of the project that shall be conducted
simultaneously and must be completed within twenty (20) working days.

Applicants with incomplete documents shall be notified and will be given
three (3) working days to submit additional documents. Failure to submit
within seven (7) working days shall result to its disqualification and a new
application must be processed.

Section 13. Approval and Endorsement to the BOI for Fiscal Incentives. For the availment
of Fiscal Incentives, after due evaluation, the DOE through the EUMB Director shall endorse
the project proposal of RTLs to the BO!. The endorsement shall contain the summary of the

following:
a.

b.

Project Scope Summary

Fiscal Cost-Benefit Analysis

Projected financial statements

Company Information

Business Model

Technical, legal, and financial analysis demonstrating the necessity for the
implementation of the PELP under RA 11285 or its sustainability.

Possible incentives that can be availed by projects include entitlement to Income Tax Holiday
(ITH), Customs Duty Exemption on Importation of Capital Equipment, Raw Materials, Spare
Parts, or Accessories, VAT Zero-Rating, and Exemption for 3-5 years, depending on the
project scope and such other incentives under the 2020 Investment Priorities Plan (IPP) while
the Strategic Investment Priority Plan (SIPP) is still being formulated.

Section 14. Obligations of Endorsed Projects. All projects that have been endorsed by the
DOE under this Department Circular shall comply with the following obligations:

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a. Submission of a report on the actual implementation of the project with supporting
information particularly on items relating to the Fiscal Incentives availed;

b. Subject themselves and their projects to an independent Verification by the DOE
upon the issuance of the guidelines for the same;

c. Such other requirements as may be required by the DOE for the attainment of the
objectives of the EEC Act and EEC-IRR.

The DOE through the EUMB may issue the guidelines on the forms and requirements to
facilitate compliance with the provision on the reportorial requirements and obligations under
this Department Circular.

Section 15. Fees and Charges. The following non-refundable fees and charges for
application of Recognition or Renewal of the Certificate of RTL shall be collected subject to
regular review and update:

a. Application for Recognition of Testing Laboratories — Php 20,000.00 per product
type/per facility

b. Renewal of Certificate of Recognition - Php 4,800.00 per product type/per facility

Section 16. Prohibited Acts. Any person or entity found in violation of any of the following
shall be subject to the appropriate criminal, civil and/or administrative sanctions:

a. Violation of any of the Obligations cited in Sections 9 and 14 of this Department
Circular;

b. Misrepresentation for purposes of securing a Recognition or Renewal thereof, such
as giving false statement in the application or submitting falsified documents;

c.  Willfully refusing, obstructing or attempting to obstruct Surveillance Audit by the
Assessment Team or visits by the authorized representative of DOE;

d. Failure or willful refusal to submit any of the reports required;

e. Tampering of test result or entering any false information about the product being
tested.

Section 17. Fines and Sanctions. Consistent with Section 32 of the EEC Act, upon
determination that a reasonable ground exists that a violation of any of the prohibited acts
under Section 16 of this Department Circular has been committed, when warranted, any of
the applicable administrative fines and penalties under Annex J shall be imposed. This is
without prejudice to the revocation of Recognition and blacklisting of the party concerned
under Section 18 of this Department Circular.

Section 18. Revocation of Recognition, Delisting and Blacklisting. If, after administration
of fines indicated in Section 17 of this Department Circular, the RTL remains non-compliant
and commits subsequent violations of the prohibited acts under Section 16 of this Department
Circular then, consistent with the Schedule of Penalties under Annex J of this Department
Circular, the DOE, through the EUMB, shall have the right to revoke the Recognition of the
Testing Laboratory and cancel its certification.

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Likewise, the Recognition of laboratories who have failed accreditation or were delisted by
PAB will automatically be revoked.

The laboratories with revoked Recognition will be delisted from the DOE’s RTL and may only
re-apply after two (2) years from such revocation and delisting.

Section 19. Reportorial Obligation. The DOE, through the EUMB, shall regularly update on
its website the list of RTLs and endorsed projects to the BOI.

Section 20. Administration of Endorsed Projects. The EUMB shall maintain and publish
the projects which availed Fiscal Incentives. The Registry shall contain such pertinent
information for purposes of apprising and guiding the public on the benefits of installing such
projects.

Section 21. Repealing Clause. The provisions of other Department Circulars, Orders,
issuances, rules, and regulations, which are inconsistent with the provisions of this
Department Circular are hereby repealed, amended, modified, or superseded accordingly.

Section 22. Separability Clause. If for any reason, any section or provision of this
Department Circular is declared unconstitutional or invalid, such parts not affected shall
remain in full force and effect.

Section 23. Effectivity. This Department Circular shall take effect fifteen (15) days following
its publication in at least two (2) newspapers of general circulation. A copy of this Department

Circular shall be filed with the University of the Philippines Law Center - Office of the National
Administrative Register.

Issued at Energy Center, Bonifacio Global City, Taguig City.

se cus

Secretary rt

tt ae,
La} 1N REPLYING PLS, CITE:
DOE-AGC-22000849
WAN ENMEAN AMT

MAR 10 2022

nC
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Energy Utilization Management Bureau | Doc Ref No.: EUMB-QF-RTLAA

Quality Management System

Effective Date:

Application Form for the Revision No.: 0
Recognition of Testing Laboratory
(Annex A) Page No.: 1 of 2

Application Form for the Recognition of Testing Laboratory under the Philippine
Energy Labelling Program for Energy Consuming Products / Transport Vehicles

Date:

The Director

Energy Utilization Management Bureau
Department of Energy

Energy Center, Rizal Drive

Bonifacio Global City, Taguig

1632 Manila

Sir,

In accordance with the Philippine Energy Labelling Program (PELP) Guidelines, promulgated
pursuant to Republic Act No. 11285, we hereby apply our business in the registry of
recognized testing laboratory under the PELP for Energy Consuming Products / Transport
Vehicles.

1. Name of Applicant Company:
Testing Laboratory Address:

N

Telephone and Fax No.:
E-mail Address:
Tax Identification Number Date of Issue:
Name of Company President/
General Manager
Name of Laboratory Representative
a. Designation
b. Telephone and Fax No.
c. Email Address

DAP ww

™

We hereby submit the required documents (in English language) listed below to support our
application for the Recognition of Testing Laboratory under the Philippine Energy Labelling
Program for Energy Consuming Products / Transport Vehicles:

a. Certified True Copy of Permit to Operate issued by the local government unit;

b. Certified True Copy of Bureau of Internal Revenue Registration;

c. Duly accomplished undertaking to abide the terms and conditions as a DOE
recognized testing laboratory (Annex B);

[ Reproduction of this Document is not allowed, unless approved by the DOE-EUMB Office of the Director |

ma

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Energy Utilization Management Bureau | poc Ref No:: EUMB-QE-RTLAA

ality Management System
Qu ty g y Effective Date:

Application Form for the Revision No.: 0
Recognition of Testing Laboratory
(Annex A) Page No.: 2 of 2

d. Duly accomplished Letter of Authorization for Testing Laboratory Representative
(Annex C);

e. Location map of the testing laboratory and layout of the testing laboratory including
dimensions (Annex D);

f. Organizational Chart showing the relationship between the testing laboratory and
other operations of the firm, when applicable (Annex E);

g. List of personnel involved with the operation of the testing laboratory including their
job descriptions, responsibilities, qualifications and Certificate of Competency
(Annex F);

h. List of all equipment, manuals of the procedures and reference materials required
for the tests and calibrations (Annex G);

i. Certified true copy of Accreditation Certificate issued by Philippine Accreditation
Bureau (PAB) or compliance to the latest version of PNS ISO/IEC 17025, that
specifies the scope of accreditation.

Furthermore, we hereby agree to abide by all the Terms and Conditions thereof and all other

rules and regulations, including amendments thereto, as prescribed in the PELP Guidelines.

Signature over Printed Name
President/ General Manager

Subscribed and sworn to before me this _ day of ,20____affiant exhibiting
to me his/her government-issued identification card number issued at
on
Notary Public:

Doc No.

Page No.

Book No.

Series of

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Energy Utilization Management Bureau | poc Ref No:: EUMB-QF-RTLAB

Quality Management System

Effective Date:

Undertaking to Abide by the Terms and | Revision No.: 0
Conditions
(Annex B) Page No.: 1 of 2

Undertaking to Abide by the Terms and Conditions as a DOE
Recognized Testing Laboratory

l, (Surname) _, (First Name, MI) of (Name_of Company) with

principal address at is duly
authorized by this company and its Board of Directors / Partners through Board Resolution
No. dated , as attached herein, to hereby abide by the following

terms and conditions as a Department of Energy (DOE) - Recognized Testing Laboratory.

1. We shali observe and abide by the provisions of this Department Circular, PELP
Guidelines, Republic Act 11285 and their implementing rules and regulations and
future amendments and shall comply with any and all other directives and orders
which the DOE may issue in pursuance with its authority under the law.

2. We shall ensure that our testing activities conform at all times to the applicable
requirements of the latest version of PNS ISOAEC 17025 and for this purpose shall
maintain to the satisfaction of the DOE quality system.

3. We shall give access to the DOE’s duly authorized representative(s) during working
hours to our company premises where our operation is being carried out, for the
purpose of evaluating materials, operations, processes, quality system, facilities,
records and others.

4. We shail be subjected to reassessment to ensure consistent compliance with the
DOE requirements on recognition of testing laboratories.

5. We shall not directly communicate with the product owner/ client with regards to
testing. Should there be a need to communicate directly to the company, we shall
inform and ask for consent from the DOE.

6. We shall submit to DOE the names of the designated qualified Personnel who will
participate in the conduct of tests.

7. Weshall demonstrate impartiality and free from any conflict of interests. We shall be
independent from any manufacturer, importer, supplier, distributor or retailer
engaged in business covered by energy labeling.

8. We shall assure that no DOE personnel, his/her spouse, or his/her relative by
consanguinity or affinity within the fourth civil degree shall have ownership of or
financial interest in the company.

9. We shali allow DOE assessor/ representative and others concerned to witness the
testing activities of the laboratory.

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=== dc2022-03-0005-pages-15.ppm ===
Energy Utilization Management Bureau | poc Ref No:: EUMB-QF-RTLAB

Quality Management System
Effective Date:

Undertaking to Abide by the Terms and | Revision No: 0
Conditions
(Annex B) Page No.: 2 of 2

10. We shall assure that our personnel involved in the testing have agreed to treat with
confidentiality all information of the samples subject to testing, and have signed the
confidentiality statement.

11. We shall inform the DOE, in writing, of any changes in business name, transfer of
business site, management and authorized representative/s fifteen (15) days prior
to the effectivity of such changes. Upon transfer of business site, the recognition
shall be deemed valid only after assessment has been conducted at the new site by
DOE or its designated conformity assessment body.

12. We shail pay the applicable fees and charges as billed or stipulated by DOE.
143. That any infraction of these terms and conditions including falsification or misleading
information provided shall constitute sufficient grounds for the institution of

administrative sanctions and fines against our company.

Witnesseth my hand this day of 20___at

Signature over Printed Name
President/ General Manager

Subscribed and sworn to before me this ___ day of ,20___ affiant exhibiting
to me his/her government-issued identification card number issued at
on
Notary Public:

Doc No.

Page No.

Book No.

Series of

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|

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Energy Utilization Management Bureau | poc Ref No: EUMB-QF-RTLAC

Quality Management System

Effective Date:

Authorization for Testing Laboratory’s | Revision No.: 0
Representative
(Annex C) Page No.: 1 of 1

Authorization for Testing Laboratory’s Representative

(Company Logo)

(Date)

The Director

Energy Utilization Management Bureau
Department of Energy

Energy Center, Rizal Drive

Bonifacio Global City, Taguig

1632 Manila

Dear Director:

This is to authorize Mr./Ms. (Name) , (Designation) , as
the Official Representative forthe _ (Company Name) ;

As the authorized representative, he/she shall be authorized to represent the company in
matters related to recognition of testing laboratory. Any documents submitted made by the
representative relative to compliance with the recognition, including payment, validation and
coordination activities, shall be deemed authorized by the undersigned.

Thank you.
Sincerely,

Signature over Printed Name
(President/ CEO/ General Manager)

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{

=== dc2022-03-0005-pages-17.ppm ===
Energy Utilization Management Bureau | poc Ref No: EUMB-QF-RTLAD
Quality Management System

Effective Date:

Location Map of Testing Laboratory | Revision No.: 0
(Annex D)

| Page No.: 1 of 1

Location Map and Layout (with dimensions) of Testing Laboratory

Location Map

(Coordinates: xx.xxxxx, yy-yyyyy)

Layout with dimensions

[_ Reproduction of this Document is not allowed, unless approved by the DOE-EUMB Office of the Director ]

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=== dc2022-03-0005-pages-18.ppm ===
Energy Utilization Management Bureau | poc Ref No- EUMB-OQF-RTLAE

uality Management System
Q ty g y Effective Date:
Organizational Chart of Testing Revision No.: 0
Laboratory
(Annex E) Page No.: 1 of 1

Organizational Chart of Testing Laboratory

(Company Logo)

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=== dc2022-03-0005-pages-19.ppm ===
Energy Utilization Management Bureau | poc Ref No: EUMB-QF-RTLAE

Quality Management System t

Effective Date:

List of Personnel of the Testing Revision No.: 0
Laboratory
(Annex F) Page No.: 1of1

List of Personnel of the Testing Laboratory

Name:

Sex: Age:

Nationality: Photo
Current Address:

Permanent Address:
Educational Attainment:
[_] Grade School:
[-] High School:
[_] College/University & Course:
[_] Technical/ Vocational Course: Signature
[|] Post Graduate:

Company Division and Designation:

Job Description & Responsibilities:

Qualifications & Trainings:

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ge

=== dc2022-03-0005-pages-20.ppm ===
Energy Utilization Management Bureau | poc Ref No.: EUMB-QF-RTLAG

Quality Management System
Effective Date:

List of Equipment, Manuals of Revision No.: 0
Procedures and Reference Materials
(Annex G) Page No.: 1 of 1

List of Equipment, Manuals of Procedures and Reference Materials

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=== dc2022-03-0005-pages-21.ppm ===
Energy Utilization Management Bureau | poc Ref No:: EUMB-QD-RTLAH

uality Management System
Q ty g y Effective Date:

Process Flowchart for the Revision No.: 0
Recognition of Testing Laboratory
(Annex H) Page No.: 1 of 1

Process Flow Chart for the Recognition of Testing Laboratory

Submission of Required Documents

1 Day
Complete? “=—- 1 Day
Yes
Payment of Application Fee
1 Day

Corrective measures of
Deficiencies or Non-
Conformities by Applicant

- Applicant
ppie ro 2 Days
- DOE
<> _=S-~Cs«éDeecision _—

TOTAL: 20 days

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=== dc2022-03-0005-pages-22.ppm ===
Energy Utilization Management Bureau | Doc Ref No.: | EUMB-QD-RTLAI

Quality Management System
ty g y Effective Date:
Process Flowchart for the Revision No.: 0
BOI Incentives Availment for the |
Establishment of Testing Laboratories | page No: | 4 of 1
(Annex I) |

Process Flow Chart for the DOE Endorsement for BOI Incentives Availment for the
Establishment of Testing Laboratories for Enerqgy-Consuming Products

Submission of Required
Documents

1 Day

Re-submission

r 3 Days

Yes

_

+ 10 Days
>

2 Days

- TOTAL: 20 days

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=== dc2022-03-0005-pages-23.ppm ===
Energy Utilization Management Bureau | poc Ref No.: EUMB-QD-RTLAJ

Quality Management System
Effective Date:

Schedule of Penalties and Fines Revision No.: 0

(Annex J)
Page No.: 1 of 1

Schedule of Penalties and Fines

Pursuant to Sections 80 and 83 of the EEC-IRR, the following shali be the violations of the
prohibited acts enumerated of this Department Circular as follows:

Violation Penalties and Fines*
Php 10,000 — Php 200,000 — Php 500,000-
200,000 500,000 1,000,000 or

Revocation of
Recognition or may
be a ground for

blacklisting
Conduct of performance 1° Offense 2™ Offense
testing for purposes of PELP
verification without DOE
recognition
Violation of the Terms and} 1% Offense 2" Offense 3% Offense

Condition/s under Section 9

of this Department Circular

Misrepresentation for 1° Offense 2™ Offense
purposes of securing a

recognition or renewal

thereof, such as giving false

statement in the application

or submitting falsified

documents

Willfully refusing, obstructing | 1° Offense 2" Offense
or attempting to obstruct an

on-site inspection by the

Assessment Team or visits

by the authorized

representative of DOE

Failure or willful refusal to 1° Offense 2°¢ Offense
submit any of the reports

required

Tampering of test result or 18! Offense
entering any false

information about the

product being tested

Failure to acquire PAB 1°! Offense
accreditation for PNS

ISO/IEC 17025 (for RTLs

who submitted proof of

ongoing application for

accreditation as a

requirement for DOE

recognition)

Failure to submit report on 1* Offense 2™ Offense 34 Offense

the actual implementation of

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=== dc2022-03-0005-pages-24.ppm ===
(Annex J}

Energy Utilization Management Bureau
Quality Management System

Schedule of Penalties and Fines

Doc Ref No.:

EUMB-QD-RTLAJ

Effective Date:

Revision No.:

Page No.:

2 of 2

the project with supporting
information particularly on
the items relating to fiscal
incentives availed

Failure to subject
themselves and their
projects fo an independent
verification by the DOE upon
the issuance of the
_ guidelines for the same

15 Offense | 2"t Offense

3 Offense

Failure to comply with such
other requirements as may
be required by the DOE for
the attainment of the
objectives of the EEC Act
and EEC-IRR

18 Offense

2™ Offense

3 Offense

*The imposition of fines and penalties stated above shall be on a per entity (laboratory) basis.

[ Reproduction of this Document is not allowed, unless approved by the DOE-EUMB Office of the Director |

a