Compliance of Importers, Manufacturers, Distributors and Dealers of Electrical Appliances and Other Energy-Consuming Products with PESLP

April 28, 2016

DOE DEPARTMENT CIRCULAR NO. DC2016-04-0005

DECLARING THE COMPLIANCE OF IMPORTERS, MANUFACTURERS, DISTRIBUTORS AND DEALERS OF ELECTRICAL APPLIANCES AND OTHER ENERGY-CONSUMING PRODUCTS WITH THE PHILIPPINE ENERGY STANDARDS AND LABELING PROGRAM (PESLP) AS A POLICY OF THE GOVERNMENT

WHEREAS, Section 2 of Republic Act No. 7638 or the "Department of Energy (DOE) Act of 1992" declares as a policy of State, among others, to ensure a continuous, adequate, and economic supply of energy through the judicious conservation, renewal and efficient utilization of energy;

WHEREAS, Section 2 (k) of RA 9136, otherwise known as Electric Power Industry Reform Act of 2001 (EPIRA)states that it is the declared policy of the State to encourage the efficient use of energy and other modalities of demand side management;

WHEREAS, Section 5 (g) of Republic Act No. 7638 mandates the DOE to formulate and implement programs, including a system of providing incentives and penalties, for the judicious and efficient use of energy in all energy-consuming sectors of the economy;

WHEREAS, the DOE in collaboration with other government agencies and industry associations implemented the mandatory energy labeling requirements and minimum energy performance standards in 1992 initially covering room air conditioners, in compliance with the Implementing Guidelines for the Standard for Energy Efficiency Ratio and Labeling of Room Air Conditioners PNS 396 Part 1:1995;

WHEREAS, the scope of energy efficiency standards and labeling program were expanded, through various issuances to cover more consumer products, namely: split-type air conditioners, refrigerators (storage capacity of 5 to 8 cubic feet), self-ballasted fluorescent lamps (compact fluorescent lamps), linear fluorescent lamps, circular fluorescent lamps, and fluorescent lamp ballasts (electronic and magnetic);

WHEREAS, on 11 August 2014, the DOE issued Department Circular No. DC2014-08-0014 entitled "Enjoining All Electricity-Consuming Sectors to Implement Demand-Side Management Program and Other Energy Conservation Measures" which, among others, enjoins, under Section 1 thereof, the development and implementation of various electricity demand-side management programs and projects nationwide including a system of incentives and penalties for the same, after public consultation; HEITAD

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 strengthening of the energy efficiency standards and labeling program and the continuing expansion of its coverage will help ensure the attainment of the targets set in the Philippine Energy Plan (PEP) and the National Energy Efficiency and Conservation Program (NEECP) as well as the contributions of the country to the Conference of Parties 21 (COP 21) in 2015; and

WHEREAS, the DOE, in exercise of its mandate to ensure judicious utilization of energy, shall effectively implement and continuously expand the coverage of energy efficiency standards and labeling program.

NOW, THEREFORE, in consideration of all the foregoing, the DOE hereby issues, adopts and promulgates the following:

SECTION 1. Declaration of Energy Standards and Labeling Compliance as a Policy of the Government. — It is hereby declared that compliance by the importers, manufacturers, distributors and dealers with the Philippine Energy Standards and Labeling Program (PESLP) is a policy of the Government."

SECTION 2. Scope. — The policy enunciated in this Circular shall apply to all importers, manufacturers, distributors and dealers of PESLP-covered household appliances, lighting products, motor vehicles and other energy-consuming equipment.

SECTION 3. Prohibited Acts. — To ensure compliance with the provisions of this Circular and its implementing guidelines, selling of products not compliant with PESLP shall not be allowed.

SECTION 4. Reportorial Requirements. — In order to effectively implement the above-mentioned policy, importers, manufacturers, distributors and dealers of PESLP-covered household appliances, lighting products, vehicles and other energy-consuming equipment shall submit to the DOE relevant information for estimating energy consumption and savings from PESLP.

SECTION 5. Penalties. — Any person who fails to comply with the requirements of Section 3 and Section 4 of this Circular and their implementing guidelines shall be subject to appropriate penalties imposed under applicable laws, rules and regulations.

SECTION 6. Information, Education and Communication (IEC) Activities for the Stakeholders. — The DOE shall implement intensive and massive IEC activities that are designed to increase public awareness and appreciation of this Circular.

SECTION 7. Implementing Guidelines. — The DOE, through the Energy Utilization Management Bureau (EUMB) and Energy Research and Testing Laboratory Services (ERTLS), shall issue the implementing guidelines which will include among others administrative, general technical and particular product requirements: Provided, That the implementing guidelines shall only be issued after public consultation: Provided further, That the effectivity and timelines of any issued implementing guidelines will be mutually agreed upon by the DOE and the industry stakeholders.

SECTION 8. Separability Clause. — If any provision of this Circular is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 9. Repealing Clause. — All issuances, rules and regulations, or part thereof inconsistent with this Circular are hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. — This Circular shall take effect after its publication in two (2) newspapers of general circulation.

Issued this 28 April 2016 at the DOE, Energy Center, Rizal Drive, Bonifacio Global City, Taguig City, Metro Manila.

(SGD.) ZENAIDA Y. MONSADASecretary