In brief
The previous two issues in this series discussed notable concepts of key environmental bills being developed in Thailand, specifically the Draft amendment to the Enhancement and Conservation of National Environment Quality Act (NEQA) (click here for Part 1) and the Draft Sustainable Packaging Management Act (“Draft Packaging Act“) (click here for Part 2). In this final part of the series, we will look at the Draft Waste Electrical and Electronic Equipment Management Act (“Draft WEEE Act“).
In depth
The development of a legal framework for the management of waste from electrical and electronic equipment (WEEE) has been discussed and studied in Thailand for almost two decades. However, despite existing general environment-related laws, such as the NEQA, the Hazardous Substance Act, B.E. 2535 (1992), and the Factory Act, B.E. 2535 (1992), there is currently no specific Thai law governing WEEE management in a systematic and sustainable way. The most recent development to tackle some WEEE issues can be seen from the issuance of the Ministry of Industry Notification on Determination of Types and Sources of Raw Materials to be Used in Factories B.E. 2563 (2020) and the Ministry of Commerce Notification on Determination of Electronic Waste as Prohibited Good for Importation into the Kingdom B.E. 2563 (2020), which prohibit the use of WEEE as raw materials in factories and the importation of the WEEE, respectively.
Due to the hazardous nature of most WEEE, improper treatment practices, such as unsafe disassembly, can result in environmental contamination from heavy metals and other substances harmful to public health. Against this backdrop and in response to the continuously increasing quantity of WEEE, the Pollution Control Department (PCD) proposed a bill regarding the management of WEEE and other product waste, which was approved by the Cabinet in May 2015. After undergoing several reviews and revisions, the latest version of the Draft WEEE Act was announced for public hearing in November 2021. The design of the Draft WEEE Act shares similarities with the Draft Packaging Act, incorporating the extended producer responsibility (EPR) concept in later versions of the drafts, with some noteworthy points as follows:
- Applicable WEEE – WEEE is defined as (i) appliances or equipment that require an electric current or an electromagnetic field to function or (ii) appliances or equipment that generate, store, transmit, or measure electric current or electromagnetic fields. This includes items that are out of order, degraded, defunct, or no longer wanted. Under this broad definition, household electrical appliances and electronic devices, such as televisions, air conditioners, computers, mobile phones, and batteries, will fall under the Draft WEEE Act.
- Regulation of WEEE treatment – Disposal in a public place, mixing with other waste, and the destruction and disassembly of WEEE are prohibited unless allowed or exempted by certain conditions under the Draft WEEE Act.
- Registration of WEEE collection facility and WEEE disassembly facility – A qualified person, including manufacturers and distributors of electrical and electronic equipment, may register with the PCD or local administrative authorities to establish a WEEE collection facility or a WEEE disassembly facility. Such facilities will be permitted to conduct the business of collecting or disassembling WEEE under certain requirements outlined in the Draft WEEE Act.
- WEEE management fund – Applicable manufacturers (i.e., the owners of the brand or the trademark) and importers of electrical and electronic equipment will be required to contribute to a WEEE management fund in accordance with the products specified by the Minister of Natural Resources and Environment. The fund will be used to support the collection, transfer, and disassembly of WEEE by registered facilities. The Excise Department and the Customs Department will be designated to collect the contribution.
- Penalties – All the penalties under the Draft WEEE Act are subject to administrative fines, including a fine of up to THB 100,000 in the case of unauthorized collection of WEEE.
Given the relatively long history of the development of the Draft WEEE Act, further adjustments may occur during the legislation process, such as the introduction of a Producer Responsibility Organization (PRO) system similar to the Draft Packaging Act. In any case, Thailand needs a legal framework that focuses on the sustainable management of WEEE, promoting the circular economy, and enhancing resource utilization effectively.
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