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Peerapan Tungsuwan

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Peerapan is a Corporate and M&A partner and heads the Sustainability Group and Healthcare & Life Sciences Industry Group in Bangkok. She also co-heads the Investigations, Compliance & Ethics Practice Group in Bangkok and is currently a member of the Firm's Global Executive Committee. Peerapan has nearly 40 years of experience advising on transactional and regulatory matters in highly regulated industries. Peerapan is exceptionally fluent in regulatory matters relating to healthcare, consumer protection and product liability.
Peerapan also has extensive experience advising on compliance issues, risks facing companies across various industry sectors, and regularly assists clients in practically managing and mitigating those risks. She has been consistently recognized as 'Leading Individual’ in Corporate M&A by the Asia Pacific Legal 500 for eight consecutive years (2013-2020) and has been inducted into the Asia Pacific Legal 500 Hall of Fame in Corporate M&A in 2020-2023. More recently she has been shortlisted for Corporate and M&A Lawyer of the Year by the Legal 500 Southeast Asia Awards. Peerapan was also awarded ‘Client Choice winner’ for Healthcare & Life Sciences 2019 by Lexology.
In October 2022, Peerapan was elected to join the Global Executive Committee and serve as chair of the Asia Pacific region. In this role, Peerapan works alongside the Firm's leadership to drive forward the Firm’s business strategy and prioritized actions.

Thailand is taking the next step towards strengthening the legal framework on air quality control as the Cabinet approved in principle the Draft Management for Clean Air Act (“Clean Air Bill”), which was proposed by the Ministry of Natural Resources and the Environment (MONRE) on 28 November 2023. Thailand’s current legal framework to manage air quality can be seen in many existing laws that regulate the monitoring and treatment of air pollution, and specify air quality standards. There are many governmental agencies acting as regulators for the purpose of air quality control, including the MONRE, the Ministry of Industry, and the Ministry of Public Health.

With increasing awareness of carbon capture and storage (CCS) technology as a key enabler for decarbonization, many developments in this area, such as exploration for carbon storage sites, have been reported. However, presently, in Thailand, there is no legislation specifically governing such CCS-related activities. In this context, the Department of Mineral Fuels has been developing a legal framework to accommodate CCS-related activities as can be seen from the recent public hearing of the draft amendment to the Petroleum Act, B.E. 2514 (1971) (“Draft Petroleum Act”), which aims to introduce the concept of “carbon business” as another regulated activity in a similar manner to conventional petroleum concessions.

The Carbon Border Adjustment Mechanism (CBAM) is one of the legislative measures under the “Fit for 55” package in the EU’s European Green Deal. The CBAM is a measure designed to complement the EU’s Emissions Trading System, targeting imports of carbon-intensive products, including Thai exporters.

In this final part of the series, we will look at the Draft Waste Electrical and Electronic Equipment Management Act. 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 current legal framework for managing packaging and other household waste in Thailand has long been governed by various pieces of legislation, such as the Public Health Act, B.E. 2535 (1992) and the Act on the Maintenance of Cleanliness and Orderliness of the Country, B.E. 2535 (1992). To provide equality and equity for all stakeholders with the ultimate goal of mitigating the environmental impact caused by packaging waste, and at the same time promoting a strong circular economy, the Draft Sustainable Packaging Management Act has been developed to establish systematic and sustainable management of packaging waste.

The Food and Drug Administration (FDA) has issued the Notification of the Ministry of Public Health Re: Prescribe Types of Cosmetics, Criteria, Methods and Conditions for Refill Stations, B.E. 2566 (2023) and the Cosmetic Committee Announcement Re: Labeling of Cosmetic at Refill Stations, B.E. 2566 (2023). Both notifications were published in the Government Gazette on 23 August 2023 and will become effective on 21 November 2023. These notifications are intended to be in line with the global Bio-Circular-Green Economy trend, which seeks to reduce plastic waste and promote the recycling of plastic.

In recent years, environmental issues have been increasingly prioritized, leading to positive results in the development of national policies in Thailand. Many draft environmental legislations, which were previously stalled, are now regaining momentum as key enablers to drive Thailand towards a more sustainable future.

As a key step in combating the climate change crisis, the Thai government has recently established the Department of Climate Change and Environment within the Ministry of Natural Resources and Environment. This central government agency is dedicated to focusing on the country’s climate change efforts.

Climate change and extreme weather situations have no boundaries and impact everyone in the world. To mitigate the onset of these global catastrophes, we need urgent and meaningful international collaboration as called upon in the United Nations Framework Convention on Climate Change under “Common but differentiated responsibilities” and respective capabilities, in light of different national circumstances. At present, the legally binding international treaty on climate change is the “Paris Agreement”, adopted by 196 state parties at the 21st Conference of the Parties in Paris, France, on 12 December 2015 and entered into force on 4 November 2016.

Following the UN Climate Change Conference in Glasgow (COP26) in November 2021, almost 200 countries, including Thailand, announced their climate goals and made commitments to tackle climate change. Thailand has pledged to be carbon neutral by 2050 and reach net-zero greenhouse gas emissions by 2065. To support the government’s policy in this direction, various government agencies and public organizations, such as the Thailand Greenhouse Gas Management Organization, have been actively progressing efforts to realize Thailand’s sustainability goals through various schemes and measures that they are empowered to do under the relevant laws.