Policy and purpose for EV transition
- The State policy requires ensuring energy security and independence by reducing reliance on imported fuel for the transportation sector.
- The State policy establishes an enabling environment for the development of electric vehicles (EVs) including micro mobility, as a feasible mode of transportation to reduce dependence on fossil fuels.
- The State policy promotes innovation in clean, sustainable, and efficient energy to accelerate social progress and human development by encouraging public and private use of low emission and other alternative energy technologies.
- The State policy protects public health from hazards of pollution and the greenhouse effect.
- The State policy safeguards and improves the integrity, reliability, and stability of the electric power grid by optimizing the location of energy sources relative to demand.
- The State policy promotes inclusive and sustainable industrialization, recognizes private sector participation, supports job generation, MSME growth, investment attraction, and global competitiveness consistent with the Philippine Development Plan and the United Nations Sustainable Development Agenda.
- The State policy generates employment opportunities for the local skilled workforce.
- The State policy safeguards the country’s cultural heritage through the Philippine transportation system as an underlying factor in progress and innovation.
- The State policy recognizes local government units (LGUs) as competent partners of the national government and provides capacity-building support to LGUs.
Scope, coverage, and defined terms
- The rules apply to the EV industry, including the manufacture, assembly, importation, construction, installation, maintenance, trade and utilization, research and development, and regulation of EVs, charging stations and related equipment, parts and components, batteries, and related support infrastructure, including recycling, disposal, and handling of wastes.
- The rules treat the singular and plural as interchangeable as required by context.
- The rules define Battery EV (BEV) as an electrically propelled vehicle with only a traction battery for vehicle propulsion under Section 5.
- The rules define Battery Swapping Station (BSS) as a facility allowing EV users to exchange a near empty discharge battery with a fully charged battery under Section 6.
- The rules define Centralized Vehicle-to-Grid Facilities as establishments allowed to supply power to the grid using EVs under Section 7.
- The rules define Certificate of Inspection as a document issued by an LGU building official as a requirement for installation of power lines to certify completeness of electrical wirings under Republic Act No. 6541 as revised by Presidential Decree No. 1096 (National Building Code).
- The rules define Charging Fee as the amount imposed on EV users for use of commercial charging stations whose individual components must be unbundled under Section 11k.
- The rules define Charging Station as a facility with equipment delivering electrical energy to EVs or their battery, installed in an enclosure with special control functions and communications, and may be located off the vehicle under Section 6.
- The rules define Charging Station Service Provider as a natural or juridical person accredited by DOE who sells, constructs, installs, maintains, owns or operates charging stations or components for a fee under Section 6.
Core EV and EV charging station rules
- An EV is a vehicle with at least one (1) electric drive for vehicle propulsion under Section 5.
- Battery EVs (BEVs) use only a traction battery as the power source for propulsion under Section 5.1.
- Hybrid-EVs (HEVs) have both a rechargeable energy storage system and a fueled power source for propulsion under Section 5.2.
- Light EVs (LEVs) are EVs used in micro mobility and provide alternative modes of transportation including electric scooters, electric bicycles, electric personal transport, and other similar vehicles weighing less than fifty kilograms (50 kg) under Section 5.3.
- Plug-in hybrid EVs (PHEVs) are HEVs with rechargeable energy storage that can be charged from an external energy source under Section 5.4.
- The DOE may recognize other EVs if they have at least one (1) electric drive used for propulsion under Section 5.
- An EV charging station (EVCS) is a facility with equipment delivering electrical energy to EVs or their battery, installed in an enclosure with special control functions and communications and may be located off the vehicle under Section 6.
- Battery Swapping Stations (BSS) are EVCS that allow exchange of a near-empty discharged battery with a fully charged battery under Section 6.1.
- Commercial use charging stations (CUCS) are EVCS open to the general public or a defined group under Section 6.2.
- Own-use charging stations (OUCS) are EVCS for exclusive use by an individual or groups under Section 6.3.
- EVCS may be installed in private and public buildings and establishments under Sections 21 and 22 of the EVIDA-IRR, subject to a requirement that CREVI identifies specific types of private and public buildings and establishments for installation of CUCS.
Electricity supply and EVCS provider accreditation
- EVCS sourcing electricity from the grid and also from on-site installed generation facilities are Self-Generating Charging Stations under Section 7.
- EVCS allowed to supply power to the grid using EVs are Centralized Vehicle-to-Grid Facilities under Section 7.
- EVCS that source electricity from the grid and from on-site installed generation facilities must comply with rules and requirements to be issued under Section 7.
- An EVCS Provider is a natural or juridical person duly accredited by DOE who sells, constructs, installs, maintains, owns, or operates EVCS or components for a fee under Section 8.
- EVCS Providers of BSS and CUCS may impose and collect fees that are unbundled, subject to Section 12(j).
Government regulation, CREVI, and harmonized standards
- Government regulations on the EV industry must facilitate an enabling environment for competitive, equitable, and non-discriminatory private sector participation with preference for indigenous technologies where available or applicable.
- The DOE, in coordination with relevant agencies and stakeholders and after public consultation, must issue guidelines for simplified and expedited processing of licenses, permits, certifications, authorizations, and other requirements for the EV industry, including setting reasonable fees.
- Prescribed processing times must not exceed the periods under Republic Act No. 11032 (Ease of Doing Business and Efficient Government Services Delivery Act of 2018) and Republic Act No. 11234 (Energy Virtual One Stop Shop Act), including their implementing rules.
- Regulations must provide shorter periods and fewer steps/processes for implementation under Section 9.
- Only indigenous technology that meets global safety standards is considered for purposes of expedited and enabling regulation.
- After issuance of the guidelines, no additional requirements may be imposed unless compliant with the guidelines under Section 9.
- The rules establish the Comprehensive Roadmap for the Electric Vehicle Industry (CREVI) as a national development plan with an annual work plan.
- The CREVI contains four (4) components and incorporates an annual work plan: (1) EVs and charging stations, (2) Manufacturing, (3) Research and Development (R&D), and (4) Human Resource Development, under Section 10.1 to 10.4.
- The CREVI is incorporated into the Philippine Development Plan, Philippine Energy Plan, and National Transport Policy, including integration of green routes, EV parking spaces, EVCS in land-use and transport planning, and harmonized traffic rules when mixed traffic cannot be avoided under Section 10.
- CREVI components have short-, medium-, and long-term projects and activities to facilitate investment requirements and monitoring under Section 10.
Agency powers and mandated timelines
- The DOE is the primary agency for promoting EV adoption and developing EVCS and related equipment under Section 11.
- The DOE must promulgate uniform, streamlined rules, regulations, and standards on the use, operations, and maintenance of EVCS and related equipment, including accreditation of EVCS providers, and requirements imposed by distribution utilities on charging stations and EVCS providers under Section 9 of the EVIDA-IRR.
- The DOE must convene a Technical Working Group (TWG) within two (2) months from the effectivity of the EVIDA, composed of specified agencies including DOE, DOTr, DTI, DOST, DENR, DPWH, DILG, and NEDA; the TWG must be chaired by DOE and meet regularly or as necessary.
- The DOE must develop and update the EV and EVCS component of the CREVI, completing it not later than the 30th of May of every year, in coordination with DOTr and consultation with LGUs and relevant NGAs under Section 11c.
- The DOE must develop and update the CREVI and make it publicly available on its website not later than the 30th of September of every year under Section 11d.
- The DOE must accredit EVCS providers and make available to the public on its website an annual inventory of all accredited EVCS providers and a list of all CUCS and BSS in the country under Section 11f.
- The DOE must require distribution utilities to submit their charging infrastructure development plans as part of their distribution development plans not later than the 30th of August of every year under Section 11g.
- The DOE must enforce installation of EVCS required under Sections 18 and 19 of the EVIDA under Section 11h.
- The DOE must enforce compliance of EVCS with the Philippine Electrical Code and other applicable standards including provisions of Republic Act No. 7920 (“New Electrical Engineering Law”) and the Philippine Distribution Code, through regular inspections of CUCS and BSS under Section 11i.
- The DOE must enforce compliance with unbundling of charging fees by CUCS and BSS under Section 11j.
- The DOE must enforce compliance of EVs with Section 17 of Republic Act No. 11285 under Section 11k.
- The DOE must consolidate and centralize data from specified agencies (including DTI, DOTr, DENR, ERC, LTO, LTFRB, LGUs, and other NGAs) for public access under Section 11l.
- The Energy Regulatory Commission (ERC) must regulate rates charged by distribution utilities (DUs) on all EVCS, considering utilization, efficiency promotion, ERC rate-setting methodology for DUs under Section 43 of EPIRA, unique EVCS requirements, and impacts on demand profile and distribution system under Section 12a.
- The ERC must promulgate uniform, streamlined rules and requirements for Section 7 compliant with Section 9 of the EVIDA-IRR under Section 12b.
- The DOTr is the primary agency for EV demand generation, regulation and registration of EVs, and franchising of EVs used for public transportation under Section 13.
- The DOTr must exempt from payment of registration fees and from registration with DOTr and attached agencies Light EVs (LEVs) for exclusive private use not intended to be operated or used upon any public highway, or intended not to be used or operated at all under Section 13c.
- The DOTr must ensure green routes are included in public transport route plans, mandating inclusion through green route selection criteria under Section 13g.
- The DOTr must conduct inspection and registration of EVs through the LTO using the Motor Vehicle Inspection System (MVIS) to ensure quality, safety, and vehicle soundness under Philippine National Standards (PNS) under Section 13k.
- The DTI is the primary agency for promoting and developing local manufacturing under Section 14.
- The DTI through the Bureau of Philippine Standards (BPS) must formulate and regularly review relevant PNS to ensure consumer protection and trade facilitation, including safety, quality, and environmental advances under Section 14a.
- The DTI must regulate quality and safety of parts and components by implementing standards and accrediting conformity assessment bodies through the Philippine Accreditation Bureau under Section 14b.
- The DTI must submit the manufacturing component to the DOE not later than the 30th of May of every year under Section 14c.
- The DTI must submit the human resource development component to the DOE not later than the 30th of May of every year under Section 14d.
- LGUs must include green routes in their LPTRO consistent with the National Transport Policy and DOTR issuances and criteria under Section 15a.
- LGUs must issue Certificates of Inspection to EVCS under Section 15b.
- LGUs must provide segregated lanes for LEVs on major local and national roads in coordination with DPWH under Section 15c.
- LGUs must submit to the DOE not later than the 30th of January of every year the list of all commercial use charging stations in their localities under Section 15d.
- LGUs must issue permits for consultation or renovation of buildings or establishments pursuant to DPWH guidelines under Section 15e.
- LGUs must ensure compliance of public and private buildings and establishments with Section 18 of the EVIDA under Section 15f.
- LGUs must issue necessary policies or legislations regulating EV operations consistent with the EVIDA and the EVIDA-IRR under Section 15g.
- LGUs must provide designated loading and unloading stations for EVs under Section 15h.
- DPWH must establish guidelines on construction/installation of charging stations and on issuance of permits for construction or renovation of buildings or establishments under the EVIDA under Section 16.
- DPWH must utilize its network of heavy equipment and vehicle shops and motorpool facilities nationwide as EVCS for its fleet and other NGAs whenever feasible under Section 16d.
- DOST must develop and regularly update the CREVI R&D component, submitting the commercialization-focused R&D component to DOE not later than the 30th of May of every year under Section 17.
- DENR must promulgate rules and regulations on recycling and disposal of EVs, EVCS and related equipment, parts and components, and batteries consistent with Republic Act No. 6969 under Section 18a.
- DENR must include EVs in the comprehensive air pollution management and control program under Republic Act No. 8749 and update air quality standards while studying possible incentives for carbon offsetting under Section 18b.
- DENR must establish guidelines for accurate characterization, disposal, handling and management of wastes involving EVs, EVCS, equipment, parts, components, and batteries under Section 18c.
- NEDA must include the CREVI in the Philippine Development Plan under Section 19.
Mandatory fleet share and EV parking/charging placement
- Certain entities must ensure that at least five percent (5%) of their fleet, whether owned or leased, are EVs within the timeframe indicated in the CREVI under Section 20.
- Covered entities include industrial and commercial companies (including logistics/freight forwarding, parcel and food delivery, tour agencies, hotels, power utilities, water utilities) under Section 20a.
- Covered entities include public transport operators listed by type (including public utility minibuses, public utility buses (PUBs), public utility jeepneys (PUJs), utility vans (UBs), Filcab, shuttle services, tourist transport services, school services, tricycles, taxis, and transport network vehicle services) under Section 20b.
- Covered entities include LGUs, NGAs, and GOCCs under Section 20c.
- Electrification of government fleets is considered a government energy efficiency project under Republic Act No. 11285 under Section 20.
- The CREVI provides a timeline for attainment of the mandatory percentage and a gradual increase until all covered fleets are EVs, considering availability and sufficiency of energy supply, EVCS, other conditions affecting optimal use, financial implications for MSMEs, and availability of EVCS and parking slots under Section 20.
- DOE, in consultation with EVIDA-TWG member agencies, may issue guidelines for effective implementation consistent with EVIDA-IRR under Section 20.
- The fleet-share rule applies to the entire fleet of the covered entity regardless of whether fleets were bought before or after effectivity of the EVIDA and the EVIDA-IRR under Section 20.
- Private and public buildings and establishments constructed after EVIDA effectivity must designate dedicated parking slots for exclusive use of EVs including LEVs under Section 21.
- The number of dedicated parking slots must be proportional to total parking slots in the building or establishment as provided in CREVI under Section 21.
- If there are twenty (20) or more parking slots, there must be at least five percent (5%) dedicated parking slots for EVs of the total parking slots under Section 21.
- Existing private and public buildings and establishments must comply within the timeframe indicated in the CREVI under Section 21.
- The CREVI determines when dedicated parking slots must be installed with EVCS by either the building owner or an EVCS provider under Section 22.
- The building owner has the first priority to install, operate, or maintain a charging station in its premises under Section 22.
- The DOE may issue guidelines consistent with CREVI and EVIDA/EVIDA-IRR to facilitate implementation under Section 22.
- Select gasoline stations identified in the CREVI must designate dedicated spaces for installation of CUCS under Section 23.
- The gasoline station owner has the first priority to install, operate, or maintain CUCS in its premises under Section 23.
- A gasoline station required under CREVI to have a designated EVCS space must not be issued a construction, operation, or compliance permit by DOE unless the owner shows ample space within its premises under Section 23.
- The DOE may issue guidelines consistent with CREVI and EVIDA/EVIDA-IRR under Section 23.
Permitting compliance condition
- No LGU permit may be issued for construction or renovation of a building or establishment unless applicable provisions of the EVIDA on dedicated parking slots, construction/installation of EVCS in dedicated parking slots, and construction/installation of EVCS in gasoline stations are complied with under Section 24.
- The process, timeframe, and requirements for LGU permitting must comply with Section 9 of the EVIDA-IRR under Section 24.
Stakeholder duties for charging infrastructure
- EVCS owners or operators must comply with applicable rules, requirements, and standards including national standards on EV power output rating and safety distances, and must comply with applicable permits and licenses of relevant NGAs and LGUs under the EVIDA under Section 25a.
- EVCS owners or operators must pay the distribution utility for electricity consumption of the EVCS when applicable under Section 25b.
- EVCS owners or operators must unbundle charging fees imposed by BSS and CUCS under Section 25c.
- EVCS owners or operators must regularly submit to DOE an unbundled structure of charging fees imposed by BSS and CUCS on EV users under Section 25d.
- Distribution utilities must provide necessary power requirements for the establishment and operation of charging stations consistent with their distribution development plan under Section 26a.
- Distribution utilities must prepare charging station infrastructure development plans and incorporate them in their plans under Section 26b.
- Distribution utilities must comply with the business separation and unbundling requirements of EPIRA as implemented by ERC rules and guidelines if a DU engages in the business of charging station service provider under Section 26c.
Incentives for manufacturing, importation, utilization
- Activities for fiscal incentives are evaluated for inclusion in the strategic investment priority plan (SIPP) and possible entitlement under the Omnibus Investments Code of 1987 (Executive Order No. 226), as amended by Republic Act No. 11534 and Title XIII of the National Internal Revenue Code of 1997 as amended, subject to applicable laws under Section 27.
- Fiscal incentive evaluation covers manufacture and assembly of EVs, EVCS, batteries and parts and components under Section 27(1).
- Fiscal incentive evaluation covers establishment and operations of EVCS and other related support infrastructure such as R&D centers, training centers, testing centers, and waste treatment facilities under Section 27(2).
- The BOI, coordinated with DOE and DOTr, issues guidelines for endorsement for fiscal incentives under Section 27, consistent with the EVIDA-IRR permitting/endorsement timeframes and requirements under Section 9.
- The DTI through BOI recommends an EV incentive strategy to the Fiscal Incentives Review Board (FIRB) for approval under Section 28.
- The EV incentive strategy must narrow the cost gap between EVs and traditional motor vehicles and include government subsidies to entice immediate shifts to EVs consistent with CREVI under Section 28(1).
- The EV incentive strategy must provide time-bound, targeted, performance-based, and transparent fiscal and non-fiscal support for EV and EV parts manufacturing (including electronic parts and other strategic components), batteries, EVCS, and testing facilities under Section 28(2).
- The EV incentive strategy must set local production targets to be achieved within eight (8) years from promulgation, subject to extension determined by DTI under Section 28(3).
- The DTO through BOI sets the application and selection process for enrollment and qualification of participants and imposes necessary terms and conditions under Section 28, and registered participants cannot register the same activity or product under any other incentive program under Section 28.
- Importation of completely built units of EVs is entitled to incentives under Republic Act No. 10963 (Tax Reform for Acceleration and Inclusion Act) under Section 29.
- For imported electric jeepneys and electric tricycles, the Department of Finance, upon recommendation of DTI, may suspend the exemption to protect local manufacturers under Section 29.
- Importation of completely built units of EVCS is exempt from payment of duties for eight (8) years from effectivity of the EVIDA under Section 29.
- Importation of capital equipment and components used in manufacture or assembly of EVs and construction/installation of EVCS undergoes an evaluation process for inclusion in SIPP and possible entitlement for the length of time under the Omnibus Investments Code and Title XIII of the NIRC as amended under Section 29.
- A thirty percent (30%) discount for BEVs and a fifteen percent (15%) discount for HEVs are provided from payment of the motor vehicle user’s charge imposed by LTO under Republic Act No. 8794 (“Motor Vehicle User’s Charge Act”), and vehicle registration and inspection fees, for eight (8) years from EVIDA effectivity under Section 30.
- EV users receive non-fiscal incentives for eight (8) years from EVIDA effectivity under Section 31, including:
- Priority registration and renewal registration and issuance of a special type of vehicle plate by LTO.
- Exemption from the mandatory unified vehicular volume reduction program, number-coding scheme, or similar schemes of MMDA and other similar agencies and LGUs, with due consideration of impact on volume of vehicles.
- Expeditious processing by LTFRB of franchise applications to operate (including renewals) for PUV operators exclusively using EVs.
- Availment of TESDA training programs on EV assembly, use, maintenance and repair for employees.
- EV manufacturers and importers in the EV industry receive expeditious processing by the Bureau of Customs on importation of parts and components for manufacture and assembly under Section 32.
- The government allows expert foreign nationals to be employed under technology transfer agreements in the EV industry subject to guidelines issued by DOLE, the Professional Regulatory Commission, and the DTI under Section 33.
Financial assistance and institutional strengthening
- Government financial institutions and other financial institutions are encouraged to provide concessional financial packages for entities engaged in EV industry activities, and to offer preferential interest rates and payment schemes on consumer loans for acquisition of EVs and EVCS, consistent with charters or applicable laws under Section 34.
- Special loan facilities or programs intended for acquisition of EV fleets for public transportation must have expanded preferential interest rates and payment schemes under Section 34.
- The government through DOST or other relevant agency exerts effort to access international funding to provide facilities or complement local R&D activities for the EV industry under Section 34.
- The Bangko Sentral ng Pilipinas encourages banks to lend a certain percentage of their portfolio to EV, EVCS, and battery manufacturers, assemblers, and end users, and prioritizes financing packages for EV fleets with streamlined procedures under Section 34.
- Dedicated offices for DOE, DOTr, and DTI must be established consistent with Section 27 of the EVIDA under Section 35, including submission of proposed organizational structure and staffing complement by the secretaries within six (6) months from EVIDA-IRR effectivity, effective upon DBM approval.
- Pending DBM approval, the secretaries of DOE, DOTr, and DTI may designate staff to perform duties under Section 35.
- The EVOSS Steering Committee membership must include the Anti-Red Tape Authority Director General under Section 36.
Prohibited acts and administrative penalties
- Violations of specified EVIDA provisions are prohibited and subject to penalties under Section 28 of the EVIDA under Section 37, including violations of:
- Section 6 of the EVIDA (CREVI).
- Section 16 of the EVIDA (Mandatory Share of EV).
- Section 17 of the EVIDA (Dedicated Parking Slots).
- Section 18 of the EVIDA (Construction or Installation of EVCS).
- Section 19 of the EVIDA (Construction or Installation of EVCS Gasoline).
- Section 20 of the EVIDA (Use of Charging Station).
- **Section 21 of the EVIDA (