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Six departments in Thailand jointly conduct a law enforcement evaluation of the Hazardous Substances Act to help improve the regulatory system for chemical management!
Time：
2024-08-15
Multiple departments in Thailand are soliciting public opinions on the efficiency of the implementation of the Hazardous Substances Act, with the aim of evaluating the effectiveness of regulatory enforcement and collecting feedback to improve the chemical management system. During the evaluation period, feedback on law enforcement issues such as vague regulations and unclear definitions of transit will be collected, and prosecution and punishment cases will be counted.
Recently, the Ministry of Industry and Engineering (DIW), Ministry of Agriculture (DOA), Food and Drug Administration (FDA), Ministry of Livestock (DOLD), Ministry of Fisheries (DOF), and Ministry of Energy and Economy (DOEB) of Thailand conducted public opinion solicitation, inviting stakeholders from all parties to evaluate and review the implementation efficiency and effectiveness of the Hazardous Substances Act and its subsidiary regulations, and provide feedback.
1、 Background introduction
The Hazardous Substances Act is a key regulation for chemical management in Thailand, mainly regulating the production, import, export, possession (including sale, use, storage, transportation or disposal) and transit of hazardous substances.
Since its promulgation in 1992, the bill has been partially revised in 2001, 2008, and 2019, and its detailed implementation requirements have been clearly stipulated in the subsidiary regulations.
The purpose of this evaluation review is to verify whether the implementation of the Hazardous Substances Act and its subsidiary regulations has achieved the expected goals.
The Thai government hopes to collect feedback from all parties on the main enforcement issues of the bill through this evaluation and review, further improve the regulatory system for chemical management in Thailand, eliminate overlapping and unequal regulatory requirements, and update regulations based on the current social situation.
The evaluation and review period for the bill is from August 1, 2024 to September 30, 2024.
2、 Problems in law enforcement
According to the announcement, since the implementation of the Hazardous Substances Act, several issues have been identified that affect its effective enforcement. Specifically, it includes:
1. Unclear regulatory provisions:
The scope of responsibilities between different regulatory departments is not clear enough, whether it is the department responsible for hazardous substance control or the department responsible for other laws but also controlling chemicals.
The explanation of exemption conditions and situations is not clear enough, such as exemption conditions and procedures for the import and export of hazardous substances, exemption situations for personal or industrial use, etc.
2. The definition of "transit" is ambiguous:
There are doubts about the definition of "transit". Transit activities, including transshipment, are also subject to regulation under Thailand's Customs Law. Therefore, unclear definitions may lead to overlapping regulatory requirements and create trade barriers.
3. Lack of supervision over advertising content:
Advertising through online channels and social media is a popular and widely spread method today. But this situation has not been thoroughly regulated, making it easy to obtain harmful substances, which may have adverse effects.
4. Delayed enforcement actions:
When regulatory authorities discover illegal activities, they may need to involve many national agencies such as customs and the Royal Thai Police when taking enforcement actions. This may lead to cumbersome and repetitive enforcement actions, resulting in delays in prosecuting illegal activities.
5. Insufficient supervision of hazardous substance containers:
At present, only fixed tank containers used in the transportation of hazardous substances are required to be registered under this bill. Insufficient control over containers containing harmful substances.
6. The regulatory revision process is cumbersome:
According to the procedure, the proposal for revising regulations requires the opinion of the Hazardous Substances Committee. Therefore, it may not be possible to revise regulations in a timely manner based on the current social situation, resulting in delayed law enforcement in emergency situations.
3、 Prosecution and Punishment Statistics
According to the Hazardous Substances Act and its subsidiary regulations, Thailand's DIW also reported statistical data on prosecution and punishment cases for the year 2023:
Holding unregistered hazardous substances: 31 cases
Unauthorized import of Class III hazardous substances: 1 case
Unauthorized export of Class III hazardous substances: 2 incidents
Unlicensed transportation of Class III hazardous substances: 4 incidents
DIW Thailand stated that units involved in hazardous substance activities, hazardous substance regulatory departments, as well as other government departments, independent organizations, international organizations, and other stakeholders in Thailand can participate in this evaluation and review to help Thai authorities modify or formulate relevant regulations, regulatory requirements, and measures according to their needs, optimize and improve Thailand's hazardous substance control.
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