# DC2022-11-0035 — 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) ## Department Circular No. DC2022-11-0035 Signed: [day illegible in scan] November 2022 by DOE Secretary Raphael P.M. Lotilla Effectivity: Fifteen (15) days following publication in at least two (2) newspapers of general circulation; filed with the UP Law Center - Office of the National Administrative Register --- ## WHEREAS RECITALS 1. RA 7638 (Department of Energy Act of 1992) Section 2 states State policy to ensure continuous, adequate, reliable, and economic energy supply through judicious conservation, renewal, and efficient utilization of energy, to keep pace with the country's growth and economic development. 2. RA 11285 (Energy Efficiency and Conservation Act, "EEC Act") declares government policy direction on energy efficiency, conservation, sufficiency, and sustainability. 3. Pursuant to the EEC Act, DOE issued DC2019-11-0014 (Energy Efficiency and Conservation Act — Implementing Rules and Regulations, "EEC-IRR"). 4. EEC Act Section 5 designates DOE as lead agency for implementation, responsible for planning, formulation, development, implementation, enforcement, and monitoring of energy management policies and related energy efficiency and conservation plans and programs. 5. EEC-IRR Rule XII (Energy Efficiency Rating and Labeling Requirements) mandates: 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). 6. EEC-IRR Rule XVII enumerates prohibited acts and enforcement methods, administrative and criminal liabilities. 7. DC2020-06-0015 (PELP Guidelines) provides the guiding principles for labeling of ECPs, initially covering air conditioners, refrigerating appliances, television sets, and lighting products. 8. PELP Guidelines Section 5 provides that additional ECPs shall be included in PELP coverage upon recommendation of the Energy Utilization Management Bureau (EUMB). 9. PELP Guidelines Section 9 states DOE shall issue PELP Implementing Guidelines on a per-ECP basis, including administrative and application procedures, general/technical/particular product requirements (PPR), and monitoring/verification/enforcement procedures. 10. Conservation and efficient utilization of energy are major government strategies to realize energy self-sufficiency and reduce environmental impacts, per the Philippine Energy Plan (PEP) and the National Energy Efficiency and Conservation Program (NEECP). 11. DOE conducted public consultations on 2 and 30 September 2022 to present the draft circular and consolidate inputs from stakeholders in Luzon, Visayas, and Mindanao. 12. Mandatory implementation of PELP will empower consumers in choosing energy-efficient products at point of sale, realize energy savings, reduce energy consumption/bills, eliminate energy-inefficient products from the market, and reduce greenhouse gas emissions. --- ## OPERATIVE PROVISIONS **Section 1. Amendments to the PELP Guidelines.** The following provisions are hereby amended as follows: **1.1. Section 3 (Definitions) — added:** - **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. **1.2. Section 5 amended to read:** 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. **1.3. Section 6.4 amended to read:** Have the labels printed and affixed on the prescribed location on the ECP under the PELP Implementing Guidelines. **1.4. Section 10 amended to read:** 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. **1.5. Section 14 amended to read:** 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. **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. **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 [day illegible in scan] November 2022 at the DOE, Energy Center, Rizal Drive, Bonifacio Global City, Taguig City, Metro Manila. **RAPHAEL P. M. LOTILLA** Secretary, Department of Energy --- ## Notes on scan quality - The signing day-of-month in the "Issued this ___ 2022" line is not legible in the scanned copy (OCR renders it as garbled characters). Month (November) and year (2022) are legible and match the DC number's own date code (DC2022-11-0035). - Annexes B (Matrix of Covered ECPs) and C (Schedule of Penalties and Fines), referenced in the operative text (§1.2, §1.5), were acquired and cleaned separately as `source/regulations/dc2022-11-0035-annex-b.md` and `source/regulations/dc2022-11-0035-annex-c.md` — see those files for content.