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Pursuant to the provisions of Republic Act No. 8749, otherwise known as the Philippine Clean Air Act (CAA) of 1999, particularly the mandated reformulation of gasoline under Section 26 (a) thereof which requires that beginning January 1, 2003 the aromatics and benzene content in gasoline should be reduced to 35% and 2% (by volume), respectively, the Department of Energy (DOE) hereby adopts the following guidelines implementing the same:

1. These guidelines shall apply to all persons, whether natural or juridical, engaged in the manufacture, importation, storage, distribution, supply, marketing and/or selling of gasoline including, without limitation, oil companies, refineries, importers, blenders, bulk marketers, suppliers and retailers.

2. Beginning January 1, 2003, only gasoline fuel containing a maximum aromatics and benzene content of 35% and 2% (by volume), respectively, may be manufactured, imported, sold, supplied, offered for sale, dispensed, transported or introduced into commerce in the Philippines.

3. Upon the effectivity of this Memorandum Circular, all persons engaged in the importation of gasoline and/or gasoline blending components shall submit to the DOE, as part of the reportorial requirements under Section 7 (b) of DOE Memorandum Circular No. 98-03004 implementing Republic Act No. 8479, a Certificate of Quality (COQ) showing aromatics and benzene content, along with all the other properties listed in the Philippine National Standard for gasoline, with the corresponding values resulting from the prescribed test methods.

4. The DOE shall monitor all activities being undertaken and the quality of gasoline being sold by all persons at their refineries, bulk plants, terminals, depots, tank trucks and gasoline stations/retail outlets nationwide to ensure the effective implementation of the new gasoline specifications required under the CAA. To monitor aromatics and benzene, the DOE shall, among others, conduct the random sampling and testing of gasoline secured from these oil facilities.

5. All persons covered by this Memorandum Circular are required to provide the prescribed sampling bottles (Annex) at the aforesaid facilities for use in retaining duplicate gasoline samples taken in the course of inspection made by the DOE.

6. Failure to comply with the provisions of this Memorandum Circular shall subject the violator to the corresponding sanctions imposed by appropriate laws, DOE rules and regulations and the CAA.

This Memorandum Circular shall take effect upon publication in any newspaper of general circulation.

Adopted: 13 Dec. 2002

(SGD.) VINCENT S. PEREZ
  Secretary