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Contribution:

Chaninat and Leeds, a Thailand law firm specializing in Thailand company formation, assisted in making this translation web friendly.




 

Chapter 3
Prevention and Remedy on Fuel Shortage

Section 19. Fuel trader under Section 7 shall submit the annual trade volume forty-five days in advance of the beginning of each trade year in order to request for an approval from the Director- General. In case where fuel trader is a new comer and requests to start trading in between the trade year, such fuel trader shall submit simultaneously annual trade volume for an approval and application for trading license of fuel trader under Section 7, in accordance with the rules and procedures prescribed in the ministerial regulations.

Fuel trader under paragraph one may submit alteration of the annual trade volume, in accordance with the rules and procedures prescribed in the ministerial regulations.

In case where fuel trader has submitted annual trade volume under paragraph one for an approval, or alteration of the annual trade volume under paragraph two, the Director-General may grant an approval for the mentioned volume or prescribe the annual trade volume as he thinks fit, and such volume shall be deemed the annual trade volume of such fuel trader in that year.

Fuel trader shall carry out his fuel trade in compliance with the annual trade volume approved by the Director-General, unless there are reasonable grounds for failure to comply with such provisions.

Section 20. Fuel trader under Section 7 shall be required to keep fuel in reserve at all times of types prescribed by the Director-General and at the storage place under paragraph four. Such volume shall not be less than the rate prescribed by the Director-General, but not be in excess of thirty percent of the annual trade volume.

For the benefits of fuel stockpiling under paragraph one, fuel trader under Section 7 who does not carry out trade throughout the year or starts carrying out trade in between the year shall determine his annual trade volume as if carrying out trade throughout the year by multiplying monthly average of trade volume within the period of operation by twelve.

In case where the Director-General does not approve or prescribe annual trade volume of any fuel trader under Section 7 before the beginning of the year, such fuel trader shall keep fuel in reserve by the volume previously kept in reserve last year until the Director-General approved or prescribed the annual trade volume for such fuel trader.

The storage place for keeping fuel in reserve shall be approved by the Director-General. Rules, procedures, conditions for application and conditions to be complied with for the approved person shall be in compliance with whatever prescribed by the Director-General.

In case of necessary circumstance related to national security, prevention and remedy on fuel shortage, and determination and control of quality of fuel, the Director-General shall be empowered to issue an order of relaxation on compliance with the rules, procedures and conditions prescribed under paragraph four.

Section 21. Fuel trader under Section 7 may assign other person to keep in reserve of fuel for him in the storage place approved by the Director-General under Section 20 paragraph four and paragraph five, and the provisions of Section 20 paragraph four and paragraph five shall apply mutatis mutandis.

The assignment under paragraph one shall be in accordance with the rules, procedures and conditions prescribed by the Director-General, and published in the Government Gazette.

Section 22. The determination of type and rate of fuel to be kept in reserve under Section 20 paragraph one shall be published in the Government Gazette.

The notifications on determination of type and rate of fuel to be kept in reserve under paragraph one and on alteration of type and rate of fuel to be kept in reserve, provided that such alteration represents an increase in rate, shall come into force on the date prescribed in notification, but shall not be less than ninety days from the date of its publication in the Government Gazette.

In the notification on alteration of type and rate of fuel to be kept in reserve, the Director- General may set forth conditions for fuel trader to further keep in reserve of fuel of type and rate previously kept in reserve for a certain period of time, as it is necessary.

Section 23. In case where fuel trader submits evidences in writing which gives indications that certain events have prevented such fuel trader from maintaining reserve of fuel at the rate prescribed, or that such reserve, if maintained, shall cause prejudice to such fuel trader, the Minister shall be empowered to issue an order of a temporarily exemption, or a reduction on volume of fuel to be kept in reserve during a certain period of time, as he thinks fit. The
Director-General may set forth conditions for such relaxation.

Section 24. Under necessary circumstance relating prevention and remedy on fuel shortage, the Director-General shall be empowered to issue an order in writing or a notification in the Government Gazette to fuel trader for suspending distribution of a certain type of fuel, or continuing distribution of a certain type of fuel, or distribution of fuel kept in reserve under Section 20. The Director-General may set forth conditions for such distribution.

Chapter 4
Determination and Control of Quality

Section 25. The Director-General shall be empowered to prescribe appearance and quality of fuel to be enforced throughout the Kingdom. In necessary circumstance, the Director-General may prescribe appearance and quality of fuel to be enforced within a certain region or several regions, as he thinks fit; or require that fuel trader of a certain type of fuel to submit appearance and quality of fuel for an approval in accordance with the rules and procedures prescribed by the Director-General. The Director-General may set forth conditions for the approved person to
comply with.

The determination under paragraph one and the date of enforcement shall be published in the Government Gazette.

Fuel trader shall be prohibited to distribute fuel of appearance or quality different from whatever prescribed or approved by the Director-General, or not approved by the Director-General, or approved but the conditions prescribed under paragraph one has not been complied with. In case fuel trader, with reasonable causes, fails to comply with this provision, the Director-General may issue an order of temporary relaxation.

The provisions in paragraph three shall have no effect upon distribution or possession for distribution purpose of used lubricant or used grease which fuel trader does not distribute as lubricant or grease.

Section 26. For benefits of inspection of fuel quality, the Director-General shall be empowered to set forth conditions for fuel trader under Section 7 to comply with as follows:
(1) collect samples of fuel kept in stock or possessed for distribution purpose, and submit to the competent officer in accordance with the rules and procedures and within the period of time prescribed by the Director-General as necessity.
(2) perform appearance and quality inspection of fuel kept in stock or possessed for distribution purpose, and then report the results to the official in accordance with the rules, procedures and within the period of time prescribed by the Director-General.

In case where any fuel trader under Section 7 is unable to comply with (2), the competent officer shall arrange for such appearance and quality inspection of fuel in accordance with Section 28.

The expense associated with such inspection shall be borne by the fuel trader.

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