(published in the Royal Government Gazette, Gen.Vers, Vol. 124, Spec.Pt. 5 Gnor, dated Jan.15th, 2007)

(Garuda Emblem)

The Department of Energy Business’ Notification

Re: Criteria, Methods and Conditions Governing the Filing for Approval on Premises to be used for Storage of Reserved Fuels and Conditions to be complied with by the Approved Parties

B.E. 2549

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In order to set out criteria, methods and conditions governing the filing for approval on premises to be used for storage of reserved fuels and conditions to be complied with by the approved parties, by virtue of Section 20, paragraph four of the Fuel Oils Trading Act, B.E. 2543, therefore, this Notification is hereby issued by the Director- General of the Department of Energy Business as follows:

Clause 1:         This Notification shall be called “The Department of Energy Business’ Notification re: Criteria, Methods and Conditions Governing the Filing for Approval on Premises to be used for Storage of Reserved Fuels, and Conditions to be Complied with by the Approved Parties, B.E. 2549”.

Clause 2:         This Notification shall come into force as from the date of its publication in the Government Gazette onwards.

Clause 3:         The Department of Trade’s Notification re:   Criteria, Methods and Conditions Governing the Filing of Application for Approval on Premises to be used for Storage of Reserved Fuels and Conditions to be Complied with by the Approved Parties,  B.E. 2545 shall be forthwith annulled.

Clause 4:         Oil traders under Section 7 who wish to seek approval on premises used for storage of fuel shall file a written application in advance to the Department of Energy Business with supporting details concerning the tank’s serial number, type and volume of fuel, duration and premises to be used for storage of reserved fuel in conjunction with the filing of the Tor Por Tor 304 Form attached hereto. 

Clause 5: Premises to be used for storage of reserved fuel must be premises or places, as follows:

(1)                         Fuel terminal/depot or fuel storage premises in which there is/are:

(a)                          easy access pathways for entrance and exit of vehicles.

(b)                         fuel storage tanks placed on ground in a permanently-fixed position which facilitates ease of inspection on the volume of fuel.

(c)                          receiving/dispatching hoses and fuel distributing area/platform.

The provisions of (b) and (c) will not be applicable on premises used for storage of lubricants contained in containers with a volume not exceeding 200 litres.

(2)                         Pipelines to transport offshore crude oil from buoys or oil receiving platforms which are attached/affixed to the sea bed to the receiving point(s) onshore which are equipped with opening/closing controlling mechanism and having designated spots where oil samples may be taken.

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(3)                         Fuel pipelines of companies undertaking fuel pipeline transport operations.

(4)                          Oil barges waiting for fuel intake/transfer of oil for storage in oil terminals or which are in transit in Thai territorial waters for the purpose of transporting oil for storage in oil terminals.   Names of ports for which such intake/transfer operations will take place must also be specified.

Clause 6.         Where premises being sought for approval are oil terminals used for storage of reserved oil in conjunction with other oil traders, the applicant must also give the serial number, the tank’s capacity    and the right to use such premises to store its reserved oil in the parts which pertain to it as well.

Clause 7:         In the case of oil pipelines under 5 (2) and (3), they must be pipelines which will be able to take out oil no matter at what time throughout the entire period in which the reserved oil is stored in such pipelines.

Clause 8:         Where there are several storages for reserved fuel, reports must be prepared by oil traders under Section 7 on the volume of remaining fuel under their separate categories and under separate premises of storage at each location, and they must be able to provide the Department of Energy Businesses with such reports within reasonable times.

Clause 9:         Where approval has already been given for such premises to be used for storage of reserved fuel and they will be used for the same purpose next year, a written notice of confirmation must be submitted by oil traders under Section 7 to the Department of Energy Business before the following year in which such premises will be used for storage of reserved fuel, together with details of premises for which reserved fuel will be kept.

Clause 10:        As for any changes made during the year to premises used for storage of reserved fuel or to the category of fuel or to cancellation of such premises that have already been approved to store reserved fuel: a written notice must be given by oil traders under Section 7 to the Department of Energy Businesses before the date of pertinent revision or cancellation.

Clause 11:        The filing for any approval, confirmation, revision or cancellation under this Notification shall be filed or notified at the Department of Energy Businesses.

Clause 12:        Fuel storage premises that have been previously approved to be used for storage of reserved fuel prior to the enforcement of these Regulations shall be construed as storage premises for reserved fuel that have been approved pursuant hereto.

And, if circumstances dictate that compliance be made with the terms of this Notification, proper action must be taken by oil traders within sixty days of the date this Notification comes into force.

As for premises or locations which are used for storage of reserved fuel before this and which are required to be approved pursuant to this Notification, action shall be accomplished by oil traders in their application for approval within the time prescribed by the preceding paragraph.

Given on December 18th, 2006 (sign) Mettha Banterngsuk (Mr. Mettha Bantergsuk) Director-General,

Department of Energy Businesses

Tor Por Tor 304 Form