(Unofficial Translation)

(published in the Government Gazette, Judiciary Version, Vol. 120, Part 19 A, dated May 7, 2003)

(Garuda Emblem) Ministerial Regulations

Determining Criteria and Procedure governing Application to

Determine or Revise the Annual Trading Volume,

B.E. 2546

…………………..

By virtue of Section 6 and Section 19, paragraphs one and two of the Fuels Trading Act, B.E. 2543, which is a legislation containing some restrictions of individual rights and freedom albeit permissible by law pursuant to Section 29 in conjunction with Sections 35, 48 and 50 of the Constitution of the Royal Kingdom of Thailand, the following Ministerial Regulations are hereby issued by the Minister of Energy:

1. Application for approval to determine or revise the annual trading volume pursuant to the previously-submitted application by an oil trader under Section 7 shall be made together with documents attached hereto, as follows:

(1)                         Use Nor Por 301 Form for an application to determine or revise the annual trading volume.

(2)                         Use Nor Por 302 Form to file an application to determine or revise the annual trading volume.

(3)                         Use Nor Por 301 (1) Form for details on the Purchase or Acquisition Plan inside the Kingdom.

(4)                         Use Nor Por 302 (2) Form for details on the Distribution Plan of Fuel Acquired from the Acquisition Plan.

2. The type of fuel specified in the application to determine or revise the annual trading volume must correspond with the name of the type of fuel prescribed by the Department of Energy Businesses’ Notification(s) governing determination of the

type and rates of reservation of fuels which are in force at that point in time.

3. Where the application for approval on the volume of annual trading for each category of fuel is less than the last twelve months’ statistical volume counting from the month prior to the application, reasons must be given by the oil trader for its failure to achieve such statistical volume as well.

4. The filing of application under 1 shall be made directly or by registered mail to the Office of Fuel Trade and Stockpile, Department of Energy Businesses.

5. These Ministerial Regulations will come into force at the lapse of thirty days from its publication in the Government Gazette.

Given on February 7th, 2003

(sign)               Phongthep Thepkarnchana (Mr. Phongthep Thepkarnchana) Minister of Energy

Certified Correct Copy Suvanna Trongthampand

(Miss Suvanna Trongthampand)

Trade Register Analysis Officer, 7 Wor

NOTE: -  Reasons for enactment of these Ministerial Regulations arise from the fact that

Section 19, paragraphs one and two of the Fuel Oils Trading Act, B.E. 2543 require that the filing of annual trading volume or to revise the annual trading volume previously filed by oil traders under Section 7 for the purpose of seeking the Director-General’s approval be made pursuant to criteria and method prescribed by Ministerial Regulations.

Nor Por 301 Form

Form of application to set or change the volume of Annual Trading for the year of ……….

Name of Oil Trader ............................................................

Nor Por 302

Volume : ’000 liters at 30 :!C or 86:! F T

Acquisition Plan

Distribution             Plan o Plan         Refinery

Fuel Category                              Local Purchase

Import                              Refined or Produced

Total

Nor. Por.

Produ

or Acquisition

Nor. Por. 302 (1)

by itself                     by Toll Contractor Name : …...

Volume

302(2)

Name

In the case of Toll Refinery or Toll Production, give the name of the refinery or production toll contractor(s). If the list is more or less than spaces provided in the Table, the columns may be expanded or contracted.

(signature) ................................... Oil Trad

(.................................)

Nor Por 302(1) F

Details of Local Purchasing or Acquisition Plan for the year of ……….

Name of Oil Trader ............................................................

Volume : ’000 liters at 30 :!C or 86:! F T

Type of Fuel

From Section 7 Oil Trader                                              From Import

Name : ………...            Name : ………           Name : ………...            Name : ………

From other                     Total Vo Sources

In the case where there is a Purchase or Acquisition Plan from an oil Trader under Section 7 or from importation, the name(s) of the Oil Trader(s) must be provided.

If the number is more or less than spaces provided, the columns may be expanded or contracted.

(signature) ................................... Oil Trad

(.................................)