G/TBT/N/THA/546  
 
7 June 2019  
(19-3939) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  THAILAND   
If applicable, name of local government involved (Article 3.2  and 7.2):   
2. Agency responsible:  Department of Industrial Works (DIW), Ministry of Industry  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Hazardous Substances Management Division,  
Department of Industrial Works (DIW), Minist ry of Industry  
Tel.: (662) 202 4108  
Fax: (662) 202 4015  
E-mail: icrsu@diw.mail.go.th  
Website: http://www.diw.go.th  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Hazardous  Substances  
5. Title, number of pages and language(s) of the notified documen t: Hazardous 
Substances Act (No.4) B.E. 2562 (2019) (16 page(s), in Thai)  
6. Description of content:  The updating law stipulated major amendments as the 
following:  
• To state the definition for "Transit " of hazardous substances as to reflect the genuine 
manner of its activity which is clearly separate from the "Import ". This aspect 
facilitates lower burden and speeds up the customs process for hazardous substances 
entrepreneurs whereby it reduces the bureaucratic steps from the original 
processing. The new r ules have been established for more appropriate regulation, 
for instance, as the following:  
- Requirements for damage insurance . 
- Identifying the specific customs border for "transit " of hazardous substances . 
- Upon the completion of all "transit " activities, the respected commodity shall be 
exported within 5 days from its release by the import customs check point . 
- The "transit " licensee shall be a legally registered hazardous substances importer -
exporter under the Kingdom of Thailand 's legislati on. 
- Determining the "transit " license fee . G/TBT/N/THA/546  
 
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  • To impose a waiver for substances that are necessary to be brought back or returned, 
in order to reduce the excessive duty from repeating the same procedure, provided 
that the responsible authority provisions an d conditions are flowed.  
• To establish provisions aimed at exemption for unitizations of hazardous substances 
under the purposes of study, analysis, research and development. This prosperous 
rule will reduce undue burden and introduce more efficient in prac tice. 
• With respect to the regulation of hazardous substances advertisement, the related 
provision has been stipulated enabling full supervision by its own authority. The 
section shall comprehensively invalidate the previous implementation under the 
consume r protection legislation.  
• To stipulate provisions in accordance to the payment of preliminary damage: it 
compensates those who have been adversely affected by hazardous substances 
including the responding agency. In case the commodity has been insured, the  
compensation shall be paid beforehand without liability approval.  
• Additional provisions: The responsible agency shall demand the importer or "transit " 
operator, that violates or does not comply with the law, to urgently deliver of 
hazardous substances out side the Kingdom of Thailand and once determine that such 
hazardous substances shall not be destroyed or manipulated in the Kingdom of 
Thailand, the responsible agency shall collect hazardous substances sample(s) as 
necessary evidence for the proceedings.   
7. Objective and rationale, including the nature of urgent problems where 
applicable:  As a result of long placed existing legislation for control hazardous 
substances, the provisions shall be amended as to keep it updating / modernizing for 
prevailing emerging issues and enhancing more effective implementation. In the view of 
providing more  feasible, effective and convenient operation for related stakeholders and 
also introducing advertising supervision control. The provisions promotes more safety and 
beneficial to human and environment.  
8. Relevant documents:   
• Hazardous Substances Act (No.4) B.E. 2562 (2019)  
• Hazardous Substances Act B.E. 2535 (1992)  
9. Proposed date of adoption:  30 April 2019  
Proposed date of entry into force:  180 days from publication in the Kingdom of 
Thailand 's Government Gazette (28 October 2019)  
10. Final date for comments:  Not applicable  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
WTO/TBT Enquiry Point and Notification Authority  
Thai Industrial Standards Institute  
Tel: (66 2) 202 3504, 202 3523  
Fax: (66 2) 202 3511, 354 3041  
E-mail: thaitbt@tisi.mail.go.th  
Website: http://www.tisi.go.th  
https://members.wto.org/crnattachments/2019/TBT/THA/19_3337_00_x.pdf