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Updates:
Thailand DIW is currently consulting on a draft ministerial regulation, prescribing rules on the licensing requirements for Type 3 hazardous substances based on the Ministerial Regulation B.E 2537 (1994) issued under Hazardous Substance Act B.E. 2535 (1992). The application for, or the issuance/modification of the permit of the import/export/production/possession of Type 3 hazardous substance should be conducted via e-service.
Although the proposed rules had already been implemented in practice, they were not yet approved. The public consultation opened recently is to adopt the draft ministerial regulation in laws officially. Comments are welcome before April 17, 2024.
The consultation paper (in Thai) can be accessed here.
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On February 11, 2022, Thailand’s Department of Industrial Works (DIW) issued a notice to solicit public comments for the draft amendments to the Ministerial Regulation B.E 2537 (1994) issued under Hazardous Substance Act B.E. 2535 (1992), prescribing rules on the application for, or the issuance/modification of the permit of import/export/production/possession of Type 3 hazardous substance via online system. The consultation will be due on February 28, 2022. Once approved, this new ministerial regulation will come into force ninety days from the date of its publication on the Government Gazette.
Main amendments are summarized as below:
The following content will be added as Article 15(1) in Chapter 3 of the Ministerial Regulation.
“When the competent official receives an application for a permit to produce, import, export, have in possession or other relevant activities of a type 3 hazardous substance, the permit shall be issued primarily via the online system of the agency that is responsible for the control of hazardous substances. In case where the application cannot be dealt via the online system, the related issues will be handled at the premises of the agency that is responsible for the control of such hazardous substances.”
The following content will be added as the third paragraph of Article 23 in Chapter 5 of the Ministerial Regulation
“The approval of modifying information on the permit shall be dealt with via the online system of agency that is responsible for the control of hazardous substance. In case where the application cannot be dealt via the online system, the related issues will be handled at the premises of the agency that is responsible for the control of such hazardous substances.”
Article 22 will be amended in the Ministerial Regulation. Below is the main point:
To correct or alter relevant items in the permit for production, import or export of Type 3 hazardous substance, the recipient of the permit shall submit the request together with the original permit granted and all necessary documentation to the competent official via the online system of the agency that is responsible for the control of hazardous substance. If the competent official approves the request of such modification, relevant items shall be modified on the permit via online system. However, it’s not allowed to modify the name, chemical formula, ratio and characteristics of the hazardous chemical.
Notably, the receipt of the online application for the extension of import/export/production/possession of Type 3 hazardous substance can be received via the online system as well.
The original document can be downloaded here.
