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REGULATION OF THE MINISTER OF AGRICULTURE

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REGULATION OF THE MINISTER OF AGRICULTURE

    REGULATION OF THE MINISTER OF AGRICULTURE

    No. 37/Kpts/HK.060/1/2006

    CONCERNING

    TECHNICAL REQUIREMENTS PLANT QUARANTINE ACTION FOR

    IMPORTING FRUITS AND OR FRESH VEGETABLE FRUITS INTO

    INDONESIAN TERRITORY

    BY THE GRACE OF GOD THE ALMIGHTY,

    MINISTER OF AGRICULTURE,

    Considering :

    that fruit flies have been known as the main pest in many types of horticultural plant, that can reduce productivity of fruit and fresh vegetable

    fruits in home country;

    that the Minister of Agriculture Number 358/Kpts/OT.140/9/2005 has provided the Technical Requirements Plant Quarantine Action for Importing Fruits and or Fresh vegetable fruits into Indonesian Territory which found

    various impediments in its

    implementation;

    that based on letters (a) and (b) above, it is considered necessary to re-

    stipulate a Regulation of the Minister of Agriculture on Technical Requirements Plant Quarantine Action for Importing Fruits and or Fresh

    vegetable fruits into Indonesian Territory;

    In view of :

    The Law Number 16 of 1992 concerning Animal , Fish and Plant Quarantine

    (The State Gazette/Governmental Gazette of 1992 Number 56, the

    Additional State Gazette Number 3482);

    Law Number 7 of 1994 on Ratification of Agreement Establishing The World Trade Organization (Statute Book of 1994 Number 57, Supplement to

    Statute Book Number 35);

    Government Regulation Number 14 of 2002 on Plant Quarantine (Statute Book Of the Republic of Indonesia of 2002 Number 35; Supplement to

    Statute Book Of the Republic of Indonesia Number 4196); Presidential Decree Number 2 of 1977 as amended by Presidential Decree Number 45 Of 1990 on Ratification of the International Plant Protection

    Convention 1951;

    Presidential Decree Number 58 Of 1992 on Ratification of the Asian Plant

    Protection Convention;

    Presidential Decree Number 187/M Of 2004 on Establishment of United

    Indonesian Cabinet (Kabinet Indonesia Bersatu);

    Presidential Regulation Number 9 Of 2005 on Status, Duties, Functions,

    Organizational Structure, and Work System of State Ministry Of the

    Republic of Indonesia;

    Presidential Regulation Number 10 Of 2005 on Unit Organization and Duties of the Echelon I of State Ministry Of the Republic of Indonesia; Decree of the Minister of Agriculture Number 38/Kpts/HK.310/1990 on Requirements And Actions Of Plant Quarantine For The Entry Of Plant And Seeds Into The Territory Of The Republic Of Indonesia, Lastly Amended By

    The Decree Of The

    Minister Of Agriculture Number: 211/KPTS/hk.310/4/2001; Decree of the Minister of Agriculture Number 627/Kpts/ PD.540/12/2003

    juncto Decree of the Minister of Agriculture Number

    117/Kpts/PD.540/2/2004 on Types of Plant Quarantine Group I, II and its

    Carriers;

    Decree of the Minister of Agriculture Number 469/Kpts/HK.310/8 /2002 on Point of Entry And Exit of Carrier Media of Quarantine Pests Diseases of

    Plant;

    Regulation of the Minister of Agriculture Number 299/Kpts/OT.140/ 7/2005

    on Organization and Work System of the Agriculture Ministry; Regulation of the Minister of Agriculture Number 341/Kpts/OT.140/9 /2005 on Organizational Elements and Work System of the Agriculture Ministry.

    Bearing in Mind :

    Notification of WTO Number 6/SPS/N/IDN/24 dated 18 May 2005;

    DECIDES:

    To stipulate :

    REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING

    TECHNICAL REQUIREMENTS PLANT QUARANTINE ACTION FOR

    IMPORTING FRUITS AND OR FRESH VEGETABLE FRUITS INTO

    INDONESIAN TERRITORY.

    CHAPTER I

    GENERAL PROVISION

    Article 1

    Hereinafter referred to as :

    Fruits and or fresh vegetable fruits shall be fruit and vegetable crops that take the form of meaty fruit, either intact or a part thereof and unprocessed into processed materials, that are still potential as plant pest organism carrier

    media.

    Quarantine Plant Pest Organism shall be all plant pest organisms that are stipulated by Minister of Agriculture to be prevented from entering into and

    spreading in the Indonesian territory.

    Plant Pest Organism Carrier Media hereinafter referred to as Carrier Media

    shall be a plant and parts thereof and or other things that may carry a

    quarantine plant pest organism.

    Plant Pest Organism Risk Analysis shall be a process to stipulate that a Plant Pest Organism constitutes a quarantine plant pest organism or important

    plant pest organism, and to determine proper requirements and plant

    quarantine actions to prevent

    the plant pest organism from entering and spreading.

    Carrier Media Transport Tool shall be all land, water, air transportation

    means that are used to traffic the carrier media.

    Phytosanitary Certificate shall be a certificate issued by the competent authority in the country or area of origin / sender / transit, stating that the plants or parts of plants mentioned therein are free from Plant Pest Organism,

    Quarantine Plant Pest

    Organism, Quarantine Plant Pest Organism of Group I, Quarantine Plant Pest Organism of Group II, and or Important Plant Pest Organisms and have fulfilled the prescribed plant quarantine requirements and or stating other

    necessary information.

    Import Place shall be sea port, river port, ferry port, air port, post office, guard post in borderlines with another country and other places considered necessary, that are stipulated as places for entry of plant pest organism

    carrier media.

    Plant Quarantine Officer shall certain civil servants be who are in charge of

    plant quarantine actions based on the prevailing statutory regulations.

    Owner shall be a person or legal entity who has and or is responsible for

    entry of fruits and or fresh vegetable fruits.

    Article 2

    This regulation is aimed as guidelines for the Plant Quarantine Officers to implement technical requirements and to conduct plant quarantine actions to the importation of fruits and or fresh vegetable fruits into the Indonesian

    Territory.

    Purpose of this regulation is in order that the fruits and or fresh vegetable

    fruits that enter into the Indonesian Territory are free from fruit flies.

    Article 3

    Scope of this regulation covers the technical requirements of importation,

    plant quarantine actions and importation places of fruits and or fresh

    vegetable fruits.

    CHAPTER II

    TECHNICAL REQUIREMENTS

    FOR IMPORTING FRUITS AND OR FRESH VEGETABLE FRUITS

    Article 4

    Fruits and or fresh vegetable fruits that are imported into the Indonesian

    Territory, are obliged to:

    be equipped with Phytosanitary Certificate from the country of origin and

    the country of transit;

    pass through the determined importation places.

    be reported and delivered to the Plant Quarantine Officer in the importation

    places for plant quarantine action propose.

    Article 5

    Importation of fruits and or fresh vegetable fruits into the Indonesian Territory can be originating from the production areas in the country of origin that is free from infestation of quarantine plant pest organism as

    specified in the Attachment to this

    Regulation or originating from area the production areas in the country of origin that is not free from infestation of quarantine plant pest organism.

    Article 6

    Importation of fruits and or fresh vegetable fruits into the Indonesian Territory originating from the production areas in the country that is free from infestation as meant in Article 5, must be stated in the column of

    Additional Declaration on the

    Phytosanitary Certificate accompanying the delivery.

    Article 7

    Importation of fruits and or fresh vegetable fruits into the Indonesian

    Territory originating from the production area that is not free from infestation of quarantine plant pest organism as meant in Article 5 must be

    undergo treatment.

    Treatment as meant in paragraph (1) shall, among others, take the form of cooling at a proper temperature in accordance type of the fruits and or fresh vegetable fruits and type of fruit flies to be prevented, and stated in the

    column treatment on the

    Phytosanitary Certificate accompanying the delivery.

    Further provisions concerning treatment as meant in paragraph (1) are

    stipulated by the Head of Agricultural Quarantine Agency.

    Article 8

    Fruits and or fresh vegetable fruits as meant in Article must be wrapped/packed, such as using carton and plastic, and be transported with

    container that is equipped with cooler.

    Article 9

    For freight, the Owner shall notify the plan of importation of fruits and or fresh vegetable fruits to the Head of Agricultural Quarantine Agency cq. the Head of Technical Executive Unit of Plant Quarantine in the designated

    importation place.

    Notification as meant in paragraph (1) shall be submitted before loading onto the transportation means in the exportation place in the country of

    origin.

    Notification of importation plan as meant in paragraph (1) shall include, among others, quantity, type, mark, packing type, type of transportation means, container, exportation place in the country of origin, importation

    place, and transit place.

    Article 10

    The Head of Agricultural Quarantine Agency cq. the Head of Technical

    Executive Unit of Plant Quarantine in the importation place, with due observance to the provisions in Article 5, Article 6, Article 7, and Article 8,

    shall reply the importation plan as

    meant in Article 9.

    Article 11

    Provisions as meant in Article 9 and Article 10, shall also applicable to fruits and or fresh vegetable fruits in the form of goods carried by passengers and

    postal delivery service.

    Article 12

    In order to know where a production area in the country of origin is free or

    not from infestation of quarantine plant pest organism, survey can be

    conducted in the production area in the country of origin by the Plant

    Quarantine Officer and or another

    official appointed by the Head of Agricultural Quarantine Agency. Survey as meant in paragraph (1) shall be conducted in consideration to the risk analysis of plant pest organism especially fruit flies and conducted in accordance with the standards stipulated by the International Park Protection

    Convention (IPPC

    Secretariat--Food and Agriculture Organization) and other standards that

    have been published.

    Cost incurred from the survey as meant in paragraph (1) shall be charged to

    the Budget of Agricultural Quarantine Board and or the Owner.

    CHAPTER III

    PLANT QUARANTINE ACTIONS

    Article 13

    Fruits and or fresh vegetable fruits as meant in Article 5 that are imported into the Indonesian Territory not compliant with the provisions as meant in

    Article 4, Article 6 or Article 7, Article 8 and Article 9 are rejected or

    destroyed.

    Rejection as meant in paragraph (1) shall take the form of redelivery action

    to the country of origin or another country.

    Article 14

    Health examination to the fruits and or fresh vegetable fruits shall be

    conducted by the Plant Quarantine Officer after the plant quarantine

    requirements and the technical requirements have been met. The Plant Quarantine Officer shall uncover or instruct another person to

    uncover containers together with the Customs and Excise Officer, and

    witnessed by the Owner of fruits and or fresh vegetable fruits in the

    importation place or outside the

    importation place both inside and outside the installation of plant quarantine.

    Article 15

    If, after the health check as meant in Article 14 paragraph (1) has been conducted, it is found that the fruits and or fresh vegetable fruits are not free from the quarantine plant pest organism as meant in Article 5, then treatment

    shall be conducted.

    If, after the treatment as meant in paragraph (1) has been conducted, it is

    found that the fruits and or fresh vegetable fruits are not free from the quarantine plant pest organism as meant in Article 5, then the relevant fruits

    and or fresh vegetable fruits

    shall be abolished that is witnessed by the competent authority and a minutes

    of abolition shall be drawn up.

    If, after the treatment as meant in paragraph (1) has been conducted, it is found that the fruits are free from quarantine plant pest organism as meant in

    Article 5, then the relevant fruits and or fresh vegetable fruits shall be

    cleared by issuing clearance

    certificate.

    Article 16

    All costs required in implementation of rejection or abolitions as meant in Article 13 and Article 15 shall be liability and born by the Owner of fruits

    and or fresh vegetable fruits.

    CHAPTER IV

    IMPORTATION PLACES

    Article 17

    Places for importation of fruits and or fresh vegetable fruits as meant in

    Article 4 letter b, consist of:

    1. Tanjung Priok Seaport, Jakarta.

    2. Tanjung Perak Seaport, Surabaya.

    3. Belawan Seaport, Medan.

    4. Batu Ampar Seaport, Batam.

    5. Soekarno-Hatta Airport, Jakarta.

    6. Ngurah Rai Airport, Denpasar.

    7. Makassar Seaport.

    Based on technical and strategic considerations, the importation of fruits and or fresh vegetable fruits upon approval of the Minister of Agriculture can be

    conducted outside the importation places as meant in paragraph (1). The importation places that are stipulated in the Decree of the Minister of Agriculture Number 469/Kpts/HK.310/8/2001 shall remain be valid for importation of carrier media Quarantine Plant Pest Organism of other than

    fruits and or fresh vegetable

    fruits.

    Article 18

    This Decree shall be implemented at the latest 2 (two) months after the date

    of stipulation.

    Article 19

    With enactment of this Regulation, the Regulation of the Minister of Agriculture Number 358/Kpts/OT.140/9/2005 is declared null and void.

    CHAPTER V

    CLOSING PROVISION

    Article 20

    This Decree comes to force as of the date of stipulation.

    Stipulated in Jakarta.

    On : 27 January 2006

    MINISTER OF AGRICULTURE,

    sgd

    ANTON APRIYANTONO

    Copies of this Decree are sent to:

    The Head of Financial Controlling Agency

    The Coordinating Ministry of Economy

    The Minister of Foreign Affairs

    The Ministry of Internal Affair

    The Ministry of Finance

    The Minister of Telecommunications

    The Minister of Law and Human Rights

    The Minister of Marine Affairs and Fishery

    The Minister of Forestry

    The Minister of Trade

    The Chief of Police of The Republic of Indonesia The Attorney General of the Republic of Indonesia

    The Head of Financial and Developmental Inspection Agency

    The Head of State Intelligence Board

    Director General for Customs Office

    Director General for Forest Protection and Nature Conservation, Ministry of

    Forestry

    The Officials of the Echelon I in the circle of Ministry of Agriculture

    The Provincial Governors throughout the Republic of Indonesia

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