Somsri SuwanJaras
Ministry
of Industry,
Thailand
At
present, management and control of chemical substances and safety of human
and environment is one of the prime duties of the government. In fact, the
government has several legal measures to control the harmful effect of chemical
substances since 1913,. Thailand has had established a number of legal instruments
and non-regulatory mechanisms to control the use of chemicals and reduce risks
to human health and the environment originating from chemicals including POPs.
However to date, there is no special legislation established to address Pops
chemicals
To
address the chemical management in country, The Department of Industrial Works
have 2 laws related to the control of chemicals including POPs, that are
1.
The Factory Act B.E. 2535 (1992): This Act is to control factory operations
regarding waste disposal, pollution emission and contamination with the main
objective of minimizing the impact on the environment;
For
the purpose of control of the engagement in a factory business, the Minister
shall have the power to prescribe the ministerial rules with which any or all
groups of factory must comply with by taking into consideration the necessity
for the control, prevention of nuisance, prevention of damage and prevention of
danger in accordance with the gravity of impact on the public or
environment.
2.
Hazardous Substance Act B.E. 2535 (1992) This Act has come into force in 1992
and replace the other two of Toxic Act B.E. 2510 (1967) and its amended B.E.
2516(1973). The reason for the proclamation of this Act is that at present a
great number of hazardous substances have been used in various business and
some of them have caused serious injury to the persons, animals, plants,
property and environments.
With
respect to the POPs chemical use categories however, the Hazardous Substance
Act 1992 is the only one Act being used for the control of POPs chemical
management from production, import/export and having in possession. The
ministerial notification prescribes the types and names of chemicals depending
on the hazard and toxic classification. In case of POPs chemicals,
consideration shall be concentrated on the Type 3 (require permit) and Type 4
(prohibited).
All
POPs pesticides are classified and listed under the Type 4. It means that the
whole cycle of management from production, import, export and having in
possession are prohibited or banned.
Prior
to the effectiveness of Hazardous Substance Act in 1992, ban or prohibit on
importation of toxic substances is based on decision of Toxic Substances
Committee on case-by-case basis. Therefore at present, all POPs pesticides are
totally banned. However, Mirex and Hexachlorobenzene
(as Type 4) have never been imported.
As
industrial POPs chemical, Hexachlorobenzene has also never been produced,
imported, exported or having in possession. Related to Polychlorinated
Bipheneyls (PCBs), it was already classified under Type 4.
The
most important of national legal instruments which address the management of
chemicals such as POPs pesticides and PCBs should be registration process. Most
of POPs chemicals have already been prohibited from import, export, storage,
production, and use in the country. Therefore, there is no need to amend the
legislative measures on this matter. Further activities to develop inventory of
PCB containing equipment should be carried out through the country. The
information and education transfer to increase public awareness on appropriate
handling of PCBs and PCBs-containing equipment are necessary to be initiated.