Interim Guidelines for Environmental Compliance Certificate (ECC) under the Philippine Environmental Impact Statement System (PEISS) for Offshore Wind (OSW) Energy Projects

DENR Administrative Order No. 2024-02

Subject: Interim Guidelines for ECC under the Philippine EIS System for Offshore Wind (OSW) Energy Projects

Signed: January 18, 2024 . Published: Manila Bulletin, February 16, 2024 . Acknowledged: ONAR, U.P. Law Center, February 2024. Note: enhanced guidelines were later issued under DAO 2026-09; check that Order for current requirements.

Rationale and Policy

Cites the World Bank Group Offshore Wind Roadmap (2022): 178 GW technical potential, and up to 40 GW supplying 23% of electricity by 2050 in a high-growth scenario. Given scientific uncertainty and thin baseline data, the Precautionary Principle governs EIA evaluation and the mitigation hierarchy (avoid, minimize, restore, compensate) governs mitigation. EMB evaluates all OSW projects, supporting works (access roads, transmission lines), and cumulative impacts.

Scope

• OSW projects already holding an ECC, which DENR will review against global standards and best practice.
• All OSW projects holding a DOE Offshore Wind Energy Service Contract (OSWESC).
• Bottom-fixed and floating turbines, offshore substations, inter-array and export cables, and onshore construction ports, substations, export cables, transmission, and distribution lines.

Protected Areas

RE projects within protected areas require PAMB clearance and DENR Secretary approval. Exploration is allowed only outside strict protection zones, for data gathering, with least damage. Projects must undergo EIA, use reduced-impact technology, and post a bond based on decommissioning damage and rehabilitation cost.

Project Stages

• Pre-application: Letter of Intent and area clearance through the EVOSS system. DENR and DOE share GIS layers on protected areas, sensitive sites, and tenure instruments to screen overlaps.
• Pre-development/exploration (five years, extendable by two): metocean, geophysical and geotechnical studies, benthic, fish, bird, and marine mammal surveys, human impact, geohazard, and climate risk studies. Surveys run under NAMRIA supervision at the developer's cost, with data sharing.
• Development, construction, and operation: installation of foundations or moorings, turbines, cables, and substations, plus onshore works, with construction impact controls and a Contingency Plan.
• Decommissioning: an Abandonment and Termination Plan (ATP) due within five years of the Declaration of Commerciality, approved by DENR and DOE, updated every five years, and implemented at developer cost. Post-decommissioning monitoring is at developer cost, backed by a decommissioning bond or fund.

ECC for Pre-Development (Met Mast Stage)

An IEE Report under a special streamlined procedure (Annex 1, about 20 working days), including project description on a nautical map, baseline characteristics at the met mast site (water quality per DAO 2016-08, marine ecology, sediments, offshore air and noise, fisheries, tourism, shipping, aviation), a NAMRIA MOA, an Environmental Management and Monitoring Plan (Annex 2), the DOE service contract, and Letters of No Objection from DND, DOTr, DICT, DA, DILG, and DOT. Developers also submit a Site Assessment Plan, Construction and Operations Plan, Stakeholder Engagement Plan, an ATP for the met mast, a Climate and Disaster Risk Assessment, and an Emergency Response Plan. After this ECC, DOE and developers begin a Cumulative Impact Assessment for later stages.

ECC for Construction and Operation

• A full EIS, informed by the Cumulative Impact Assessment, filed with the EMB Central Office under the DAO 2003-30 Revised Procedural Manual and DAO 2017-15 (Annex 3, 40 working days). DOE-REMB experts sit on the EIA Review Committee.
• Separate ECCs for onshore components such as ports and onshore substations.
• Proof of authority over the site (PAMB clearance or SAPA application offshore, FLA application onshore, title or lease for substations). Letters of No Objection from DA, DILG, DND, DOT, DOTr, and DICT within one year of ECC issuance.
• The EIS must address ocean dynamics, birds and bird migration, underwater noise and electromagnetic signals, vibration, hazardous materials, blade and vessel waste, underwater cultural heritage, end-of-life material flows, monitoring technology for collisions and displacement, and climate and disaster risk (Annex 8 outline).

Issuing Authority and Coordination

The Secretary, or the EMB Director with the Secretary's clearance, approves ECCs at both stages on EIA Review Committee recommendation. A DENR-DOE MOA (Annex 9) authorizes DOE access to offshore areas under pre-existing OSWESCs for pre-development. A DOE-DENR-DOST review committee tracks emerging OSW technologies. Annexes 4 to 7 provide environmental and social considerations, spatial data layers, impact-mitigation tables under the Good Environmental Status framework, and mitigation approaches.

Effectivity

Takes effect immediately after publication and ONAR acknowledgment.

Signed by Secretary Maria Antonia Yulo Loyzaga. Summary prepared by EnviSynergy from the official DENR issuance; refer to the full text for binding provisions.