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Unofficial translation

Published in the Government Gazette, Volume 128, Special part 125 Ngor, dated 19 October B.E. 2554 (2011)

Notification of the Department of Energy Business

Re: Specification for Appearance and Quality of Engine Oils B.E. 2554 (2011)

In order to specify the appearance and quality of engine oils that are suitable and in accordance with international standards, and in order to be able to supervise oil traders more circumspectly, by virtue of the provisions of Section 25, Paragraph one of the Fuel Trade Act, B.E. 2543, the Director-General of the Department of Energy Business hereby issues a notification as follows:

Clause 1. This notification shall be called the “Notification of the Department of Energy Business, Re: Specification for Appearance and Quality of Engine Oils B.E. 2554”.

Clause 2.  This  notification  shall  come  into  force  as  from  1   December B.E. 2554 onwards.

Clause 3.  The  Notification  of  the  Department  of   Energy   Business,  RE: Specification for Appearance and Quality of Engine Oils B.E. 2547 dated 19 April B.E. 2547 shall be repealed.

Clause 4. This notification shall not apply to engine oils distributed or in possession for distribution to outside the Kingdom.

Clause 5.  In this notification, “Engine oils” mean  engine oils  for  use in  4-stroke  gasoline  engines   and diesel engines.

Clause 6.  The appearance and quality of engine oils shall be classified   into 2 types as follows:

(1)  Chemical and physical properties which shall comply with the details prescribed in the annex of this notification.

(2)  Engine performance which shall be notified by an oil trader and approved by the Director-General.

Clause 7. Engine oils with the following engine performance quality levels as classified by the American Petroleum Institute (API) shall not be distributed within the Kingdom.

(1)       Engine oils for use in 4-stroke gasoline engines with the engine performance quality levels of SA and SB

(2)       Engine oils for use in diesel engines with the engine performance quality levels of CA and CB

Clause 8.  The following types of oil traders wishing to distribute engine  oils or having in possession of engine oils for distribution purposes shall notify the appearance and quality of the engine oils according to Form Thor Por Kor 414 annexed hereto in order to acquire an approval from the Director-General.

(1)       Engine oil producers

(2)       Engine oil importers

(3)       Engine oil traders possessing their own trade names or trademarks that are intended to be used for their engine oils

Clause 9. The notification form for the appearance and quality of engine  oils and other supporting documents shall be submitted to the Bureau of Fuel Quality of the Department of Energy Business.

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Clause 10.  When it appears that the documents submitted by the oil trader  in order to obtain the approval according to Clause 9 are incorrect or incomplete, the Director- General may give an order to the oil trader to correct the mistakes or to submit additional documents within a period of 30 days from the date on which the oil trader receives the order.

If the oil trader fails to correct the mistakes or to submit the additional documents within the period specified in Paragraph one, it shall be deemed that the oil trader has abandoned the application.

Clause 11. After the Director-General has approved the appearance and quality of the engine oil notified by the oil trader, the Department of Energy Business will grant the oil trader a certificate of approval according to Form Thor Por Kor 415 attached hereto, in which a registration number is given.

The registration number given by the Department of Energy Business shall comprise a Tor Por symbol and a registration number inside a rectangle as the following:

The certificate of approval according to Paragraph one shall be valid for       3 years as from the date of its issuance, except for a case where the oil trader requests for the approval by referring to the appearance and quality documents of the engine oil that the certificate of approval of its quality has been granted to other engine oil producer. In which case, the expiry date of the certificate given shall be the same as that stated in the certificate granted to the engine oil producer.  The certificate of approval may be renewed according  to Clause 12.

Clause 12. The oil trader who wishes to renew the certificate of approval according to Clause 11 shall submit an application form according to Form Thor Por Kor 416 attached hereto this notification within a period of 60 days prior to the expiry date.

The certificate of approval shall be renewed for a term of 3 years each time, commencing on the expiry date of the expiring certificate or the expiry date of the latest renewed certificate as the case may be. An exception is in a case where the certificate to be renewed was granted through the method of referring to the appearance and quality of the engine oil that has been approved for other engine oil producer, in which case, the expiry date of the renewed certificate shall be the same as that stated in the certificate granted to the engine oil producer.

Clause 13. Once the oil trader has submitted the application form for renewal of the certificate of approval within the period specified  in  Paragraph  1  of  Clause 12, it shall be deemed that the certificate of approval continues to be valid until the Director-General gives an order otherwise.

Clause 14. In a case where the oil trader fails to submit  the  application  form for renewal of the certificate of approval within the period specified in Paragraph 1 of Clause 12, it shall be deemed that the certificate of approval has been revoked.

Clause 15. In a case where the Director-General has approved  the appearance and quality of the engine oil according to Clause 11 or permitted the renewal of the certificate of approval according to Clause 12 but it appears at a later time that the documents submitted during the application contain inaccuracy or particulars deviating from the facts, the Director-General may order the oil trader to submit additional documents in order to eradicate such inaccuracy or to rectify such particulars within 30  days as from the date on which the oil trader receives the order.

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If the oil trader fails to submit the documents or to rectify the mistaken particulars within the period specified in Paragraph 1, the Director-General may issue an order to revoke the certificate of approval issued according to Clause 11 or to revoke the renewed certificated according to Clause 12.

Clause 16. In distribution of engine oil specified in the certificate of  approval according to Clause 11 or in the renewed certificate of approval according to Clause 12, the oil trader shall comply with the conditions as follows:

(1)   In distribution of engine oil packaged in a container of size not exceeding 210 liters, the product label shall at least contain the following information:

(a)  Product name, viscosity grade, standards and quality levels of the engine oil, and the statement “Approved by the Department of Energy Business”, which shall be placed immediately after the declaration of the standard and the quality level that have been approved by the Department of Energy Business.

(b)  Registration number which shall be displayed in the pattern  specified by the Department of Energy Business

(c)  Name and place of business of the engine oil producer, the engine  oil importer, or the engine oil traders possessing their own trade names or trademarks.

(d)  Day, month, year of manufacture or packing.

(2)   In distribution of engine oil packaged in a container of size exceeding 210 liters, the engine oil trader shall generate a document containing the information according to (1) and submit to the purchasers.

(3)   The engine oil trader who has been granted the approval shall notify the Department of Energy Business the changes of names, head office addresses, places of manufacture, packing or storage, or the stoppage of production, the distribution or imports of engine oil, within the period of thirty days from the date of such changes or the date of stoppage of production, distribution or imports, as the case may be.

(4)   The engine oil trader shall notify their annual trade volume of engine oils according to Form Thor Por Kor 417 attached hereto to the Department of Energy Business within 31 January of the following year.

(5)   The oil trader shall have duty, from time to time as ordered by the competent officer, to collect samples of engine oils and submit to the competent officer in order to perform an inspection on the appearance and quality.

Clause 17. The engine oil that has been given the approval for the appearance and quality before the date this notification has come into force may continue  to display the label on the engine oil container as prescribed in the preceding notification until 31 December B.E. 2554. Once this period has elapsed, the details on the label shall be in accordance with the prescription given in this notification, except in a case where the oil trader submit in writing to the Department of Energy Business before 31 December 2012    a request for an extension. The Department of Energy Business shall evaluate the request  on a case by case basis.

Notified on 26 September B.E. 2554 Viraphol Jirapraditkul

Director-General of the Department of Energy Business

Annex of the Notification of Department of the Energy Business

Re: Specification for Appearance and Quality of Engine Oils B.E. 2554 (2011) Chemical and Physical Properties of Engine Oil

Note: 1. Equivalent test methods may be used, but in case of discrepancy or dispute, the methods prescribed in this Annex shall prevail.

2. Multigrade engine oils shall meet the viscosity requirements of both a “W” low temperature grade and a 100oC operating temperature grade.

Attachment to the Notification of Department of the Energy Business Re: Specification for Appearance and Quality of Engine Oils B.E. 2554

Form Thor  Por Kor 414 Page 1

In request for approval from the Department of Energy Business, I hereby notify the performance of

                    samples of engine oils as follows:

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Form Thor  Por Kor 414 Page 2

I hereby certify that above statements are all correct and true.

Signature                                                                                     Applicant (                         Typed name  )

Day                     Month                         Year                            Seal of juristic person

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Form Thor Por Kor 414/1

Notification form of engine performance

(For application form no.                          )

Name of engine oil trader (Applicant) Name of engine oil

Quality level                                                                                                                                  Viscosity grade  SAE                                , SAE                                , SAE                                    SAE                                        , SAE                                , SAE                                 

Note:       (1)  TBN shall be declared as integer and may vary up to 20% from typical value.

(2)          The content of all active elements in the additives shall be declared within their limits specified in ASTM D 4485 or in the quality standard that the engine oil claims to meet. In a case where limits do not exist, the reported elemental content may vary up to 20% of their typical values. It should also be noted that elemental concentration shall be reported to two decimal places, except when it is lower than 100 ppm and rounding off the third digit is not possible. In which case, the  elemental concentration may be reported to three decimal places.

(3)          Sulfated ash content shall be declared only when required by some quality levels or by international standards that the engine oil claims to meet. The value reported may vary up to 20% from the typical value and shall be in accordance with the limit specified in such standards.

(4)          Equivalent test methods may be used, but in case of discrepancy or dispute, the methods prescribed in this form shall prevail.

I hereby certify that above statements are all correct and true.

Signature                                                                      Applicant (                  Typed name                        )

Day                     Month                     Year                     Seal of juristic person

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Form Thor Por Kor 414/2

Formulations of engine oil seeking approval

Name of engine oil                                                                                                                          Quality level                                                                                                                                                SAE Viscosity grade                                                                                                                               

Note: All components in the formulation, except dye and perfume, shall be declared. For engine oil of quality levels API SJ and higher or API CG-4 and higher, a group of base stock according to API classification, a name of manufacturer, and a location of manufacturing shall be declared for  each base stock used in production.

I hereby certify that the information contained in this form is correct and true.

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Summary of engine test results Quality level                                                                                                         

Form Thor Por Kor 414/3

Note : 1) As specified by testing laboratory

I hereby certify that the information contained in this form is correct and true.

The English text is an unofficial translation. In case of any discrepancies between the Thai text and the English translation, the Thai text shall prevail.

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Form Thor Por Kor 414/4

Formulation of engine oil used in testing of engine performance

Note : 1) All components shall be declared. For engine oil of quality levels API SJ and higher or  API  CG-4 and higher, a group of base stock according to API classification, a name of manufacturer, and a location of manufacturing shall be declared for each base stock used.

I hereby certify that the information contained in this form is correct and true.

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Form Thor Por Kor 414/5

Letter of consent

to permit referencing of supporting documents of approved engine oil

------------------------------------

Date

1. I   (company name)

have notified the appearance and quality, and the production formulation of an engine oil named                                                                                                                                              

quality level of                                                                                                                               viscosity grade of       SAE                              , SAE                              , SAE                               SAE                             , SAE                               , SAE                             

in order to seek an approval from the Director-General and have been granted the approval under certificate number                                               issued on                                                   

1. I give my consent to oil trader named                                                                          to refer to the documents, declaring the engine performance and the production formulation of my engine oil that has been granted the approval according to 1., as information for the Department of Energy Business in an evaluation of the notification of the engine performance of the engine oil named                                        with quality level of                       viscosity grade of                 SAE        , SAE                                           , SAE                            

SAE                             , SAE                               , SAE                             

I  allow  do not allow the above engine oil trader to view or to duplicate the referencing documents.

No.                                                                                                          Form Thor Por Kor 415 (Garuda Emblem)

Certificate of Approval

of Engine Performance of Engine Oil

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This certificate of approval is issued to certify that

Name of engine oil trader Location of head office

is granted an approval of the engine performance of engine oil.

Name of engine oil                                                                                                                          Quality level                                                                                                                                   Viscosity grade  SAE                               ,  SAE                               , SAE                                 

The registration numbers are designated as the followings:

This certificate of approval is valid from                                to                                

Date of issuance                                                   

Seal of Department of Energy Business

Annex of the Notification of Department of the Energy Business

Re: Specification for Appearance and Quality of Engine Oils B.E. 2554

Form Thor Por Kor 416

I hereby request for a renewal of the Certificate of Approval No.                        issued on                                                                                                                      with the details as follows:

◻               Renewal without cancellation of any engine oil registration number

◻               Renewal with cancellation of some engine oil registration numbers as follows: 

I confirm that the engine performance and the production formulation of the engine oil of the above registration numbers remain the same as initially approved by the Department of Energy Business.

I hereby certify that the information contained in this form is correct and true.

Form Thor Por Kor 417

Page 1

Sales volume reporting form for 4-srtoke gasoline engine oils and diesel engine oils

Name of engine oil trader                                                                                                                Producer

For calendar year                                                                                                        Importer

◻       Engine oil traders who possess

their own trade names or trademarks

Volume : Liter

Note : 1) means contracted production of engine oils under trade names or trademarks of other engine oil traders

2)  means production of engine oils under trade names or trademarks of the reporter

3)  means production of engine oils by contracted producers under trade names or trade marks of the reporter For the case of contracted production, please specify name of contracted producers in the remark column.

For the case of production for other oil traders, Form Thor Por Kor 417 page 2 shall be filled out and submitted additionally.