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@
mae Republic of the Philippines

4

tye DEPARTMENT OF ENERGY

DEPARTMENT CIRCULAR NO. _ DC2007-02-0001,

GUIDELINES IMPLEMENTING THE REGISTRATION OF FUEL ADDITIVES
UNDER REPUBLIC ACT NOS. 8479 & 8749

Pursuant to Section 12, Chapter Ill of Republic Act (R. A.) No. 8479
otherwise known as “The Downstream Oil Industry Deregulation Act of 1998",
Section 27, Chapter Ill of R. A. No. 8749 otherwise known as “The Philippine
Clean Air Act of 1999” and R. A. No. 6969 otherwise known as “Toxic
Substances, Hazardous and Nuclear Waste Controf Act of 1990”, the
Department of Energy hereby adopts the following guidelines for the
registration of fuel additives and related products for the compliance,
information and guidance of all concerned.

CHAPTER |
GENERAL PROVISIONS

Section 1. Title

This Department Circular shall be known as "Guidelines Implementing
the Registration of Fuel Additives”, hereafter referred to as the “Guidelines”.

Section 2. Scope and Coverage

These Guidelines shall apply to the registration of fuel additives prior to
its manufacture, importation, trade/market and use. Registration shall only
cover the additive directly added to fuels such as gasoline, diesel, LPG,
bunker, emulsified bunker and other related products for internal and external
combustion engines. Marker dyes, colorant and two-stroke (2T) lubricating
oils directly mixed into the fuel shall be considered additive and are covered
in this registration requirement.

Section 3. Definition of Terms
For purposes of these Guidelines, the following definitions shall apply:

a. Additive refers to any branded oil-soluble substance, whether
organic or inorganic chemical/compound which is not inherent
component of petroleum product, added or blended to petroleum
fuels in minimal dosage to enhance or alter chemical or physical
properties and improve performance/usage of the fuels;

Energy Center, Merritt Rd., Fort Bonifacio, Taguig City, Metro Manila 1201 Philippines
Tel. Nos.: Trunkline (632)840-1401; Telefax (632} 840-2067; (632) 840-2138; (632) 840-4244; Fax (632) 840-1731; Hotline (632) 840-2130
Website: www.doe.gov.ph E-mail: info@doe.gov.ph
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. Bureau refers to the Oil Industry Management Bureau of the
Department of Energy;

. Certificate of Fuel Additive Registration or CFAR refers to the
official document issued by the Department for the permanent
registration of an additive after full compliance of the requirements;

. CAS No. — Chemical Abstract Service Registry Number refers to a
unique identifying number adopted by Chemical Abstract Service to
number chemicals and to assign them a running number as

accepted in the CAS databank;

. Department or DOE refers to the Department of Energy of the
Republic of the Philippines;

DENR-EMB refers to the Environmental Management Bureau of
the Department of Environment & Natural Resources;

_ Interim Status Permit or ISP refers to a form of clearance which the

EMB-DENR may issue prior to notification process for the
importation or manufacture of a new chemical in a limited quantity
with a fixed validity period;

. Material Safety Data Sheet (MDSD) refers to detailed informational
document prepared by the manufacturer or importer of a hazardous
chemical. It describes the physicochemical properties of the
product and information on hazard/toxicological information, safety
procedures, spills, leaks, storage, handling and _ regulatory
information:

Memorandum of Approval or MOAp refers to the technical
evaluation on the documentary submissions of applications
recommending the approval for the registration of applied fuel
additive; ;

Person refers to any entity, whether natural or juridical, who is
engaged in any or a combination of activities in the manufacture,
market and use of fuel additives in the downstream oil industry;

. Fuel refers to products used to produce heat, power or illumination
by means of combustion, burning or oxidation. Fuel includes
gasoline, diesel, LPG, bunker, emulsified fuel and other industrial
fuel oils. This also applies to fuel used in internal combustion
engine (ICE) in automobiles and stationary power plants;

Pre-Manufacturing and Pre-lmportation Notification or PMPIN refers
to a form of clearance granted by DENR-EMB for the importation
and manufacture of chemical pursuant to RA 6969; and

. Provisional Registration refers to a form of clearance issued by the
Bureau with a validity of six (6) months.

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CHAPTER Il
REGISTRATION REQUIREMENTS

Section 4. _ Entities Required to Apply for Registration

Unless otherwise disqualified by law, persons or entities who
manufacture, process, repack, re-brand, import, market and use fuel additives
shall register the Additive with this Bureau.

Section 5. Documentary Requirements

a. The prescribed registration form herein attached as Annex 7 shall be
accomplished by the applicant and filed and submitted to the Bureau
together with the following documentary requirements and information:

1. Material Safety Data Sheet (MSDS) from supplier/source (including
Chemical Abstract Service (CAS) number, percent composition of
its components, physicochemical characteristics, regulatory status,
etc.);

2. Product Bulletin/Brochure (including basic purpose/performance
benefits, analytical techniques for detection of additive in fuel
qualitatively/quantitatively, recommended dosage in fuel; etc.);

3. DENR-EMB Pre-Manufacturing & Pre-Importation Notification
(PMPIN) Compliance Certificate;

4. Performance Test Results of the Additive Use; and
5. Authenticated copies of other government Permits/Clearances.

b. The following additional requirements shall be submitted for coco
methyl ester (CME) and Two-Stroke (2T) lubricating oil types of fuel
additives:

1. Laboratory test/performance results conforming to the PNS of the
product/additive being applied for registration; and

2. Proposed product packing labeling.

c. Other than the above documents, the Bureau may also require the
submission of product information, and other documents as applicable,
to further support the application.

d. Only applications with complete submission of the above documentary
requirements as checked and determined by the Bureau analyst shall
be deemed filed.

e. Application filed by a user for an Additive that has already been
registered by another company using same name/brand may only be
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required to submit item No.5 of letter (a) and copy of the corresponding
Memorandum of Agreement (MOA) between the concerned parties or
any agreement authorizing the other party to use the registered
Additive, as applicable; provided it is established that the applied
additive and the registered one is the same product as to technical
components, quality and performance.

f. Application filed for a re-branding of an additive that has already been
registered may only submit items No. 5 of letter (a) and copy of the
corresponding Memorandum of Agreement (MOA) between the
concerned parties or any agreement authorizing the other party to use
the registered Additive.

g. For locally manufactured additives which are governed by the PNS
including but not limited to CME and Two-Stroke (2T) lubricating oil,
the Bureau shall conduct product sampling and plant
inspection/verification of operation, process facilities and laboratory
capability as a component of review and evaluation process for the
application.

h. The Bureau shall prepare a Memorandum of Approval (MOAp)
recommending the granting of either of the following:

1. permanent registration of the additive after full compliance by the
proponent on the aforementioned documents and other required
pertinent information; or

2. provisional registration of the additive for a period of six (6) months
for application without the appropriate PMPIN Compliance
Certificate or other pertinent technical consideration, provided the
applicant completely meets all other documentary requirements.

i. The Bureau shall process the application within eight (8) working days
from receipt of complete requirements.

Section 6. Issuance and Revocation of Registration Certificate

For permanent registration, the Department shall issue a Certificate of
Fuel Additive Registration (CFAR) signed by the Department Secretary
bearing the name of applicant and fuel additive brand or trade name. On the
other hand, issuance of a Provisional Registration to be signed by the Bureau
Director may also be granted for application without the appropriate PMPIN
Compliance Certificate or other pertinent technical consideration, provided the
applicant completely meets all other documentary requirements. The
Department through the Bureau/Legal Services may revoke, upon prior
notice, the CFAR or Provisional Registration any time upon confirmation of
non-compliance to the terms and conditions stipulated in the registration.
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Section 7. Fees and Charges

The application for registration of an additive is subject to payment of
applicable fees and charges.

CHAPTER Ill
REPORTS AND MONITORING

Section 8. Submission of Reportorial Requirements

Any Person granted with provisional or permanent registrations shail
submit the following reportorial requirements, in the format attached hereto as
Annexes 2 and 2A as part of the terms and condition of registration:

a. Quarterly report of importation, production, consumption/sales and
inventory of subject additive (Schedule VII-A); and
b. List of distributors, marketers and users of the registered additive.

Section 9. Sampling and Quality Monitoring

Whenever the Philippine = National Standards (PNS)
specification is applicable to a registered additive, the Bureau shall conduct
regular or on the spot sampling of the additive whether imported or locally
- manufactured and shall be tested for compliance with the PNS of the product.
Bulk plants/terminal/depots/retail outlets shall provide access to the Bureau
personnel on the conduct of inspection and sampling even without prior
notice.

CHAPTER IV
FINAL PROVISIONS

Section 10. Fines, Penalties & Sanctions

Non-registration of fuel additive prior to its use is a violation under
Section 12 (Other Prohibited Acts) of R. A. No. 8479 for which the
corresponding penalties are imposed under said section. Any Person,
including but not limited to the chief operating officer or chief executive of a
partnership, corporation or any entity involved, who is found guilty of the said
prohibited act shall suffer penalty of imprisonment for two (2) years and a fine
ranging from Two hundred fifty thousand pesos (P250,000.00) to Five
hundred thousand pesos (P500,000.00).

Violation of Section 27, Chapter 3 of R. A. No. 8749, is provided under
Section 47 (Fines and Penalties for Violations of Other Provisions in the Act)
of the same Act. For violations of all other provisions in this Act and of the
rules and regulations thereof, a fine of not less than Ten thousand
(P10,000.00) but not more than One hundred thousand pesos (P100,000.00)
or six (6) months to six (6) years imprisonment or both shall be imposed. If
the offender is a juridical person, the president, manager, directors, trustees,

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the pollution control officer or the officials directly in charge of the operations
shall suffer the penalty herein provided.

Likewise, the following violations of any Person are subject to fines,
penalties and sanctions imposed by the Department through the DOE-Legal
Services

a. Continuous use of expired Provisional Registrations,

b. Refusal of entry of duly authorized DOE staff to conduct inspection
and sampling; and

c. Marketing and distribution of off-specs fuel additives.

The Bureau may recommend the closure of plant operation not
complying with the PNS applicable to fuel additive.

Section 11. Validity

Unless revoked for non-compliance with the Guidelines, CFAR granted
under this Guidelines shall continue to be valid even without renewal. The
validity of existing CFAR and those granted with provisional registrations prior
to the issuance of this Guidelines shall be subject to the conditions stipulated
therein, as well as compliance with this Guidelines.

Section 12. Separability Clause

if for any reason, any section or provision of this Circular is declared
unconstitutional or invalid, such parts not affected thereby shall remain in full
force and effect.

Section 13. Effectivity

This Guidelines shall take effect immediately upon publication in a
newspaper of general circulation.

Issued in Fort Bonifacio, Taguig, Metro Manila this ist day of Fes.

whl,

AEL P. M. LOTILLA
Secretary
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Annex 1

ys
Gexs

Republic of the Philippines
aya DEPARTMENT OF ENERGY

TYPE OF ACTIVITY : REGISTRATION OF FUEL ADDITIVES
(Fuel chemical formulation, Biofuel & 2T Additives)

LEGAL BASIS : 1) Section 27 of Republic Act 8749
(The Philippine Clean Air Act of 1999)
2) Section 12 of Republic Act 8479
(Downstream Oil Industry Deregulation Act of 1998)
3) RA 6969 (Toxic Substances, Hazardous, and
Nuclear Waste Control Act of 1990)

DOCUMENT TO BE ISSUED: Certificate of Fuei Additive Registration (CFAR)
FEES : Certification Fee > P1,050.00 per additive type
CONTACTS : 1) Director, Oi! Industry Management Bureau (OIMB)
2) Chief, Oil industry Standard & Monitoring Division (OISMD)
3) Section Chief, Product Standards Section (PSS)
Tel. 8402155/58; 8401401 loc 125; Fax 8402155/87;
Email address: products@doe.gov.ph

REQUIRED SUPPORTING DOCUMENTS

Document Source
1. Accomplished DOE-OIMB Registration Form Applicant
2. Pre-Manufacturing & Pre-lmportation Notification (PMPIN)
Compliance Certificate DENR-EMB
3. Material Safety Data Sheet (MSDS) Supplier/Manufacturer

« Chemical Components/Percent Composition
« CAS Registry Number/Physicochemical Properties
*« Other Regulatory Information

4. Analytical Technique in Determining additive concentration Applicant/Manufacturer
5. Purpose of Additive & Recommended Dosage Applicant/Supplier
6. Laboratory Test/Analysis vs. PNS (if applicable) Applicant/Supplier
7. Product Bulletin/Brochure/Technical Specification Applicant/Manufacturer
8. Other documents to support claims/purpose, e.g. emission

test, engine performance, etc. Applicant/Suppilier
9. Authenticated Copies of Other Government Permits Applicant

(SEC/DTI Registrations, Mayor/Business Permits, etc.)

OTHER GOVERNMENT AGENCIES INVOLVED:
Environmental Management Bureau of the Department of Environment & Natural Resources
(DENR-EMB)

Chemical and Waste Management Division
Tel. 928-4212 / 920-2263 Fax 9281215

A NE te

Energy Center, Merritt Rd., Fort Bonifacio, Taguig City, Metro Manila 1201 Philippines
Tel. Nos.: (632) 840-1461; Telefax (632) 840-2067; (632) 840-2138; (632) 840-4244; Fax (632) 840-1731; Hotline (632) 840-2130
Website: www.dae.gov.ph E-mail: info@doe.gov.ph
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Annex 1
page 2 of 2

APPLICATION FOR FUEL ADDITIVE REGISTRATION
(REGISTRATION FORM)

Date:
The Director
Oit Industry Management Bureau
Department of Energy, 4" Fir., PNOC Blidg.6
Energy Center, Merritt Road :
Fort Bonifacio, Taguig, Metro Manila
Dear Director:

In compliance with the provisions of Section 27, Chapter lll of RA 8749 otherwise
known as the "The Philippine Clean Air Act of 1999” and Section 12, Chapter ill of RA 8479
otherwise known as "The Downstream Oil industry Deregulation Act of 1998", we hereby
apply for the registration of fuels and fuel additive prior to its use.

In this connection, we hereby submit the following relevant information:

1. Name of Applicant/Company

2. Office Address and Telephone/Fax Nos.

3. Plant address and Telephone/Fax Nos.

4. Name of Company President/General Manager

5. Nature of Business of Applicant

( ) Manufacturer { } Processor
( ) Trader ( ) User

6. Fuel Additive(s) Brand Applied for

7. Type/Description/Use

8. Import Source/Manufacturer/Supplier of Additive(s)

9. Packaging:
10. Additive Concentration (Dosage) in the fuel :

11. Plant Site / Warehouse Sketch (Attachment)
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Annex 1
page 3 of 3

The following are the required supporting documents with pertinent information to
support our application:

1.

DENR-EMB Pre-Manufacture & Pre-lmportation Notification (PMPIN) Compliance
Certificate;

Material Safety Data Sheet (MSDS) from supplier/source (including chemical abstract
service (CAS) number, percent component, physicochemical characteristics, etc.);

Product Bulletin/Brochure & Technical Information (complete product identity
including description of analytical techniques used to detect and measure the
additives in the fuel, recommended range of concentration/dosage limit and purpose
on the use of additive in the fuel;

Other documents to support claims/purpose , e.g. emission test, engine performance,
etc; and,

Authenticated copies of other government permits/clearances (e.g. SEC, DTI,
Mayor/Business, etc.)

In the event that this registration is granted, we hereby agree to abide by the terms

and conditions thereof and all other applicable rules and regulations, including amendments
thereto, prescribed for the use of fuel additive.

Signature Over Printed Name

Title / Designation
SUBSCRIBED AND SWORN to before me this day of , 200 .
affiant exhibiting to me his/her Community Tax Certificate No. issued
at on .
Notary Public

Doc. No. :
Page No. :
Book No. ;
Series of
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Annex 2

OIMB SCHEDULE VII-A
FUEL CHEMICAL FORMULATION (FCF) ADDITIVE REPORTORIAL REQUIREMENT FORM

Quarter Year
Name of Company Prepared by
Address Date Prepared
Tel./Fax Nos. Email Address

FUEL ADDITIVE INVENTORY
Product! Previous Stock Production {mport Arrivais Consumption Sales Ending Stock
Brand Name (liters) (liters) (liters) (liters) (liters) (liters)

Total Cost
FOB/CNF

Supplier/
Manufacturer

Unit Cost
FOB/CNF

Product/ Volume/ Quantity/
Brand Name Packing (liters/kg)

Vessel
Name

Product/ Sales Volume Use of
Brand Name (liters) Additive

ANNUAL PRODUCTION CAPACITY (maximum) liters per year

Please submit to: Oil Industry Standards & Monitoring Division
tms/oismd Department of Energy, Telefax No. 840-2155
sked 7A/03.07.07 Email addresss: products@doe.gov.ph or tsaracin@doe.gov.ph
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Annex 2A

OIMB SCHEDULE VII-A
CME(BIODIESEL)/2T FUEL ADDITIVE REPORTORIAL REQUIREMENT FORM

Quarter Year
Name of Company Prepared by
Address Date Prepared
Tel./Fax Nos. Email Address

FUEL ADDITIVE INVENTORY
Product/ Previous Stock Production Import Arrivals | Consumption Sales
Brand Name (liters) (liters) (liters) (liters) (liters)

Product/ Volume/ Quantity/ Unit Cost Total Cost Supplier/
Brand Name Packing (liters/kg) FOB/CNF FOB/CNF Manufacturer

Product/ Sales Volume
Brand Name {liters}

ANNUAL PRODUCTION CAPACITY (maximum) liters per year

Please submit to: Oil Industry Standards & Monitoring Division
tms/oismd Department of Energy, Telefax No. 840-2155
sked 7A/03.07.07 Email addresss: products@doe.gov.ph or tsaracin@doe.gov.ph