One of the certifications currently being required of petroleum retail stations, whether yet to be built or already operational, is a Certificate of Compliance from the Department of Energy (COC-DOE). This requirement stems from the provision which applies to “any person who intends to engage in the business of… selling of crude oil, gasoline, diesel, LPG [liquefied petroleum gas], kerosene, and other petroleum products…” as embodied in the IRR (Implementing Rules and Regulation) for Republic Act 8479. RA 8479 is also known as the Downstream Oil Industry Deregulation Act of 1998.
The IRR for RA 8479 has been officially promulgated as Department Circular No. 98-03-004.
The said department circular actually requires potential sellers to file for notice to the DOE “prior to initial engagement in proposed activity or prior to construction of the petroleum product facilities.” Filing for such notices is currently to be directed to the Oil Industry Management Bureau of the DOE.
Among the reportorial requirements, prior to operation in Proposed Business or Activity in the Downstream Oil Industry, are the following:
- Fire Safety Inspection Certificates of the facilities;
- Permits on the suitability of the proposed facilities for the proposed operations (e.g. Certificate of conformance of facilities to national or accepted international standards on health, safety, and environment);
- Product Liability Insurance Certificate, or Product Certificate of Quality; and
- Environmental Compliance Certificate issued by the DENR-EMB (Department of Environment and Natural Resources – Environmental Management Bureau).
The COC-DOE is issued once the reportorial requirements are completed, and veracity of these requirements are verified after inspection by DOE representatives to the proposed facilities.