=== dc2022-11-0035-pages-1.ppm === Republic of the Philippines DEPARTMENT OF ENERGY DEPARTMENT CIRCULAR NO. _DC2022- Il- 0035 EXPANDING THE COVERAGE OF THE PHILIPPINE ENERGY LABELING PROGRAM (PELP) FOR THE COMPLIANCE OF IMPORTERS, MANUFACTURERS, DISTRIBUTORS, DEALERS AND RETAILERS OF ENERGY CONSUMING PRODUCTS (ECPs) WHEREAS, Section 2 of Republic Act (RA) No. 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, among others, judicious conservation, renewal, and efficient utilization of energy, to keep pace with the country’s growth and economic development; WHEREAS, RA No. 11285 or the “Energy Efficiency and Conservation Act” (EEC Act) declares the policy direction of the government in terms of energy efficiency, conservation, sufficiency and sustainability in the country; WHEREAS, pursuant to the EEC Act, the DOE, in consultation with concerned government agencies and entities, local government units, commercial, industrial, and transport sectors and other relevant stakeholders, issued, adopted, and promulgated Department Circular No. (DC) DC2019-11-0014 or the Energy Efficiency and Conservation Act — Implementing Rules and Regulations (EEC-IRR); WHEREAS, Section 5 of the EEC Act provides that the DOE shall be the lead agency in the implementation of the Act with the responsibility for the planning, formulation, development, implementation, enforcement, and monitoring of energy management policies and other related energy efficiency and conservation plans and programs; WHEREAS, Rule XII. Energy Efficiency Rating and Labeling Requirements of EEC-IRR, mandates the following: Section 58. Energy Efficiency Rating and Labeling System Section 59. Energy Efficiency Rating and Labeling for Products and Equipment Section 61. Examination, Testing and Verification WHEREAS, Rule XVII of EEC-IRR enumerated the prohibited acts and enforcement methods, administrative and criminal liabilities; WHEREAS, DC2020-06-0015 or the PELP Guidelines provides the guiding principles for the labeling of ECPs, which initially covers air conditioners, refrigerating appliances, television sets and lighting products; WHEREAS, Section 5 of the PELP Guidelines provides that additional ECPs shall be included in the coverage of the PELP upon recommendation of the Energy Utilization Management Bureau (EUMB); WHEREAS, Section 9 of the PELP Guidelines states that the DOE shall issue the PELP Implementing Guidelines on a per ECP basis, which will include, among others, administrative, 2 re DC on the Expansion of Covered ECPs under the PELP Guidelines Page 1 of 4 === dc2022-11-0035-pages-2.ppm === application procedures, general, technical and particular product requirements (PPR) as well as the procedure for monitoring, verification and enforcement of the PELP; WHEREAS, conservation and efficient utilization of energy are among the major strategies of the Government to realize energy self-sufficiency and reduce environmental impacts of energy generation and utilization as instituted in the Philippine Energy Plan (PEP) and the National Energy Efficiency and Conservation Program (NEECP); WHEREAS, the DOE conducted public consultations attended by various stakeholders on 02 and 30 September 2022 to present the draft Department Circular and to consolidate inputs from stakeholders in Luzon, Visayas, and Mindanao; and WHEREAS, the mandatory implementation of the PELP will lead to, among others, the empowerment of consumers in choosing energy efficient products at the point of sale, realization of energy savings and reduction of energy consumption / bills through the use of energy efficient products, elimination of energy inefficient products in the market and reduction of greenhouse gas emissions. NOW, THEREFORE, for and in consideration of the foregoing premises and pursuant to its mandate under the EEC Act, EEC-IRR and PELP Guidelines, the DOE hereby orders the following: Section 1. Amendments to the PELP Guidelines. The following provisions are hereby amended as follows: 1.1 Under Section 3 are as follows: m. Importer refers to an entity engaged in bringing various products into the Philippines from another country or economy n. Institutionally-manufactured or sold products refer to products locally manufactured or imported and directly sold by the supplier to the end- user and where the products are put into service XXX XXX XXX XXX XXX 1.2 Section 5 is hereby amended to read: XXX XXX XXX XXX XXX Under this Department Circular, the PELP will cover ECPs used for cleaning and laundry, cooking and food processing, cooling, heating and ventilating, grooming and personal care, information and communication technology (ICT) equipment, and lighting: Provided, That additional ECPs shall be included within the coverage of the PELP upon the recommendation of the EUMB. PELP-covered ECPs with or without a prescribed Minimum Energy Performance for Products (MEPP) requirement shall bear the energy label that specifies the energy efficiency rating of the product model, as prescribed under the PELP Implementing Guidelines. The matrix of covered ECPs attached as Annex B in this Department Circular shall be regularly reviewed and updated in the PELP Implementing Guidelines. XXX XXX XXX XXX XXX eee ee EEE DC on the Expansion of Covered ECPs under the PELP Guidelines Page 2 of 4 === dc2022-11-0035-pages-3.ppm === 1:3 Section 6.4 is amended to read: XXX XXX XXX XXX XXX Have the labels printed and affixed on the prescribed location on the ECP under the PELP Implementing Guidelines. XXX XXX XXX XXX XXX 1.4 Section 10 is amended to read: XXX XXX XXX XXX XXX The membership and composition of the TWG is determined according to the specific technical issues for the ECPs such as test methods, technical requirements, MEPP coverage, etc. As a token of appreciation for their expertise contribution in the development of the PPRs, compensation in the form of honorarium may be given to the members of the TWG (i.e. primary and alternate), who are present on the day of the meeting: Provided That, the maximum amount is fixed at Five Hundred Pesos (PhP500.00) per meeting or a maximum of One Thousand Pesos (PhP1,000.00) per month regardless of the frequency of the meeting in a month: Provided Further That, the honorarium may be charged against the regular budget of the EUMB subject to existing government accounting and auditing laws, rules and regulations. XXX XXX XXX XXX XXX 1:5 Section 14 is amended to read: XXX XXX XXX XXX XXX Upon the determination that any person or entity has committed any of the prohibited acts in Section 8 of this Department Circular, the DOE may issue an order for the imposition of the administrative fines and penalties in accordance with Annex C. Schedule of Penalties and Fines. The imposition of administrative fines and penalties is without prejudice to the institution of criminal liabilities for violations under the EEC Act, EEC-IRR, and this Department Circular. XXX XXX XXX XXX XXX Section 2. Repealing Clause. The provisions of other 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 3. 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. DC on the Expansion of Covered ECPs under the PELP Guidelines Page 3 of 4 === dc2022-11-0035-pages-4.ppm === Section 4. Effectivity. This Department Circular shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation. Copies of this Department Circular shall be filed with the University of the Philippines Law Center - Office of the National Administrative Register. Issued this fies" 1 2082 2022 at the DOE, Energy Center, Rizal Drive, Bonifacio Global City, Taguig City, Metro Manila. RAPHAEL P. M. LOTILLA _ Secretary DC on the Expansion of Covered ECPs under the PELP Guidelines Page 4 of 4