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REGULATION OF THE MINISTER OF AGRICULTURE
No. 09/PERMENTAN/OT.140/2/2009

CONCERNING
REQUIREMENTS AND PROCEDURES FOR PLANT QUARANTINE MEASURES AGAINST THE ENTRY OF CARRIER QUARANTINE PLANT PESTS INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

BY GRACE OF THE ALMIGHTY GOD
THE MINISTER OF AGRICULTURE,

Attachment

Considering:

a. that by Decision of the Minister of Agriculture No. 38/Kpts/HK.310/1/90, requirements and quarantine actions on plants for the entry of plants and seeds into the territory of the Republic of Indonesia had been stipulated;

b. that with the developments of science and technology, Decision of the Minister of Agriculture No. 38/Kpts/HK.310/1/90 is not suitable anymore and is necessary to be reviewed;

c. that based on the above issues and to follow up message in Article 27 of Government Regulation No. 14/2002 concerning Plant Quarantine, it is necessary to stipulate requirements and procedure for plant quarantine actions on the entry of carrier media of organisms disturbing quarantined plants into the territory of the Republic of Indonesia;

In view of:

1. Law No. 12/1992 concerning Vegetation Cultivation System (Statute Book No. 46/1992, Supplement to Statute Book No. 3478);

2. Law No. 16/1992 concerning Quarantine on Animals, Fish and Plants (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);

3. Law No. 7/1994 concerning Ratification of Agreement Establishing the Word Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);

4. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612);

5. Government Regulation No. 6/1995 concerning Plant Protection (Statute Book No. 12/1995, Supplement to Statute Book No. 3586);

6. Government Regulation No. 44/1995 concerning Plant Culture Medium (Statute Book No 85 of 1995, Supplement to Statute Book No. 3616);

7. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book No. 35/2002, Supplement to Statute Book No. 4196);

8. Presidential Decision No. 2/1977 concerning Ratification of International Plant Protection Convention (Revised Text of International Plant Protection Convention 1951);

9. Presidential Decision No. 58/1992 concerning Ratification of Plant Protection Agreement for the Asia and Pacific Regions;

10. Presidential Decision No. 187/M/2004 concerning Establishment of Indonesia United Cabinet;

11. Presidential Regulation No. 9/2005 concerning Position, Mission, Functions, Organization Composition, and Work Mechanism, of State Ministries of the Republic of Indonesia in conjunction with Presidential Regulation No. 62/2005;

12. Presidential Regulation No. 10/2005 concerning Organization Units and Duties of First Echelon of State Ministries of the Republic of Indonesia;

13. Decision of the Minister of Agriculture No. 411/Kpts/TP.120/6/95 concerning Entry of Bio-agents into the territory of the Republic of Indonesia;

14. Decision of the Minister of Agriculture No. 469/Kpts/HK.310/8/2001 concerning Entry and Exit Places of Carrier Media of Disturbing Organisms to Quarantined Plants;

15. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/7/2005 concerning Organization and Work Mechanism of the Ministry of Agriculture in conjunction with Regulation of the Minister of Agriculture No. 11/Permentan/OT.140/2/2007;

16. Regulation of the Minister of Agriculture No. 341/Kpts/0T.140/9/2005 concerning Organization Accessories and Work Mechanism of the Ministry of Agriculture in conjunction with Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2007;

17. Decision of the Minister of Agriculture No. 38/Kpts/HK.060/1/2006 concerning Types of Organisms Disturbing Quarantined Plants Group I category Al and A2, Group II category Al and A2, Parent Plants, carrier media and its Spreading Area;

18. Regulation of the Minister of Agriculture No. 22/Permentan/OT.140/4/2008 concerning Organization and Work Mechanism of Agriculture Quarantine Technical Performing Units;

With due observance on:

International Standards for Phytosanitary Measures (ISPMs) issued by the Secretariat of International Plant Protection Convention;

HAS DECIDED:

To stipulate:

THE REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING REQUIREMENTS AND PROCEDURES FOR PLANT QUARANTINE MEASURES AGAINST THE ENTRY OF CARRIER QUARANTINE PLANT PESTS INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA.

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Regulation:

1. "Plant Quarantine" refers to an action as an effort to prevent the entry and spread of Plant-Disturbing Organisms from overseas and from an area to other areas domestically or its exit from the territory of the Republic of Indonesia.

2. "Organisms Disturbing Plants, hereinafter called as OPT" refers to all organisms likely to damage, disturb the life of and/or cause the death of plants.

3. "Organisms Disturbing Quarantined Plants, hereinafter called as OPTK" refers to all OPTs stipulated by the Minister, the entry there of into and its spread within the territory of the Republic of Indonesia, shall be prevented.

4. "Organisms Disturbing Essential Plant, hereinafter called as OPTP" refers to OPTs other than OPTK, the existence there of in the traffic of plant seeds can cause effects that can impose losses economically to the purpose on the use of the plant seeds, and stipulated by the Minister to be subjected to quarantine actions on plants.

5. "OPTK and/or OPTP carrier media, hereinafter referred to as carrier media" refers to plants and parts there of and/or other substances likely to carry OPTK and/or OPTP.

6. "Plants" refers to all kinds of phyto natural resources, alive or dead, either not yet processed or having been processed.

7. "Other substances" refers to among others bio control means, cultivated organisms, ground, composts, organic fertilizer, or other plant growth media, and vectors.

8. "OPTK Group I" refers to OPTK that cannot be cleaned from carrier media by treatment methods.

9. "OPTK Group II" refers to OPTKs that can be cleaned from carrier media by treatment methods.

10. "Quarantine Action on Plants, hereinafter called as quarantine actions" refers to an action performed by Plant Quarantine Officers in the form of checks, isolation, observation, treatment, detention, rejection, destruction and/or cleaning of carrier media.

11. "Risk Analysis on Plant-Disturbing Organisms, hereinafter called as AROPT" refers to a process to stipulate that an OPT is either OPTK or OPTP, and to determine quarantine terms and actions suitable to prevent the entry and spread of OPT.

12. "Transportation means of carrier media" refers to all land, water and air transportation means used for the traffic of carrier media.

13. "Entry places" refers to all sea ports, river ports, ferry ports, airports, post offices, border posts with other countries that had been stipulated as places for the entry of carrier media from overseas.

14. "Dispatched goods" refers to cargos or goods sent by post from overseas to be entered into the territory of the Republic of Indonesia.

15. "Carried goods" refers to goods other than dispatched goods carried directly by the owner from overseas, among others in the form of hand carried goods and/or baggage.

16. "Plant quarantine installation, hereinafter called as quarantine installation" refers to a place with all of it facilities used to perform quarantine actions.

17. "Country of origin" refers to the country where the carder media originates and/or the country where the carrier media received its health status.

18. "Country of transit" refers to the country other than the country of origin where the carrier media stopped over temporarily and/or stored, broken down, changed as of its packaging, or left in the open, hence there is a possibility of infestation or contamination of OPTK before the carrier media arrived in the territory of the Republic of Indonesia.

19. "National Plant Protection Organization, hereinafter called as NPPO" refers to a government organization of a country handling plant protection nationally.

20. "Carrier media owner, hereinafter called as owner" refers to an individual or legal entity possessing a carrier media and/or is responsible on the entry or transit of carrier media.

21. "Plant Quarantine Officer" refers to a functional official on the control of Plant-Disturbing Organism, working in the Plant Quarantine Agency.

22. "Plant Health Certificate" refers to a statement letter issued by the official having the authority in the country of origin/transit stating that the plant or parts there of stated there in is free from OPT, OPTK, and/or OPTP, and had met stipulated requirements on plant quarantine and/or stating other necessary information.

23. "Transiting carrier media" refers to carrier media stopping over temporarily and unloaded from its transportation means within the territory of the Republic of Indonesia before the carrier media reached its destination.

24. "Epidemic or explosion" refers to an OPT attack having a sudden nature, with a fast developing population and spreading widely at a rapid pace.

25. "Country with high risk" refers to a country having a strong potential as a place for the source of the spread of OPT.

26. "Administrative check action" refers to a series of activities performed to know the completeness, validity, and truth of the content of documents.

27. "Health checking action" refers to a series of activities performed on carrier media to detect and identify the existence of OPTK and/or OPTP in the carrier media, performed visually and with laboratory method.

Article 2

(1) This Regulation is purported to be used as basis for the execution of quarantine actions by Plant Quarantine Officers on the entry of carrier media into the territory of the Republic of Indonesia, and for individuals or legal entities in the import of carrier media into the territory of the Republic of Indonesia.

(2) The purpose of this Regulation is to prevent the entry of OPTK and/or OPTP and to provide a certainty for the performance of quarantine actions on carrier media entered into the territory of the Republic of Indonesia.

Article 3

Coverage of this Regulation are:

CHAPTER II
REQUIREMENTS OF PLANT QUARANTINE

Part One
General

Article 4

(1) Any carrier media entered into the territory of the Republic of Indonesia, must:

(2) The use of plant health certificate from the country of origin and/or country of transit as described in paragraph (1) a in electronic model is valid if:

(3) Provisions of the validity of plant health certificate from the country of origin and/or country of transit as described in paragraph (1) a, and the reporting and delivery of the carrier media as described in paragraph (1) c is as set forth in Attachment I constituting an inseparable part of this Regulation.

(4) Changes to Attachment I as described in paragraph (3) shall further be stipulated by the Head of Agriculture Quarantine Agency on behalf of the Minister of Agriculture.

Article 5

(1) If the health certificate as described in Article 4 in accordance with statutory regulations cannot be issued by the agency having the authority in the country of origin, quarantine actions on such carrier media shall be taken.

(2) The carrier media as described in paragraph (1) in the form of result of dead plants having undergone the processing process is as set forth in Attachment II constituting an inseparable part of this Regulation.

(3) Changes to Attachment II as described in paragraph (2) shall further be stipulated by the Head of Agriculture Quarantine Agency on behalf of the Minister of Agriculture.

Part Two
Additional Obligations

Article 6

Every carrier media imported into the territory of the Republic of Indonesia, besides having to fulfill the requirements as described in Article 4, may be subjected to additional obligations.

Article 7

(1) The additional obligations as described in Article 6 shall be imposed in a situation that is stipulated based on the result of AROPT valued as having the potentials likely to cause the spread of organisms disturbing plants.

(2) The additional obligations as described in paragraph (1) can be in the form of:

(3) Provisions on technical requirements and/or requirements on the completeness of documents as described in paragraph (2) shall further be stipulated by the Head of Agriculture Quarantine Agency.

Article 8

(1) AROPT on the entry of carrier media in the condition as described in Article 7 paragraph (1) shall be performed by a Plant Quarantine Officer, and its result shall be legalized by the Head of Agriculture Quarantine Agency based on c recommendation of the AROPT Team.

(2) The AROPT Team as described in paragraph (1) shall be formed by the Head of Agriculture Quarantine Agency.

(3) Procedure on the performance of AROPT as described in paragraph (1) is as set forth in Attachment III constituting an inseparable part of this Regulation.

(4) Changes to Attachment III as described in paragraph (2) shall further be stipulated by the Head of Agriculture Quarantine Agency on behalf of the Minister of Agriculture.

CHAPTER III
QUARANTINE ACTIONS ON CARRIER MEDIA ENTERED INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

Part One
Place for the Execution of Quarantine Actions

Article 9

Quarantine actions may be performed in:

Article 10

(1) Quarantine actions in the country of origin as described in Article 9 a may be performed on carrier media not prohibited as of its entry, and based on the result of AROPT that:

(2) Quarantine actions in the country of origin as described in paragraph (1) constitute a replacement of quarantine actions to be performed at entry places within the territory of the Republic of Indonesia.

(3) Quarantine actions in the country of origin as described in paragraph (1) must be agreed upon by the NPPO of the exporting country and the receiving country, the importer, the exporter, and producer of the carrier media.

(4) Quarantine actions in the country of origin as described in paragraph (1) shall be performed for each import of carrier media.

(5) Provisions on quarantine actions in the country of origin is as set forth in Attachment -IV being an inseparable part of this Regulation.

(6) Changes to Attachment -IV as described in paragraph (5) shall further be stipulated by the Head of Agriculture Quarantine Agency on behalf of the Minister of Agriculture.

Article 11

Quarantine actions in the territory of the Republic of Indonesia as described in Article 9 b, may be performed

Article 12

(1) Quarantine actions at entry places as described in Article 11 a, may be performed on board the transportation means and/or after being unloaded from the transportation means.

(2) Quarantine actions after unloading from transportation means as described in paragraph (1) may be performed in or outside of quarantine installations.

(3) Quarantine actions outside of quarantine installations as described in paragraph (2) among others are in container terminals, warehouses, or wharfs.

Article 13

(1) Quarantine actions outside of entry places as described in Article 11 b, may be performed in quarantine installations or in other places outside of quarantine installations.

(2) Performance of quarantine actions outside of entry places as described in paragraph (1) shall be regulated in a separate regulation.

Part Two
Quarantine Actions

Article 14

Based oh the entry report on carrier media meant in Article 4 paragraph (1) c, Head of the Technical Performer Unit (UPT) of Agriculture Quarantine shall assign in writing Plant Quarantine Officers to perform quarantine actions.

Sub-part 1
Checking

Article 15

(1) After receiving the assignment as described in Article 14, the Plant Quarantine Officer shall perform checking actions.

(2) The checking actions as described in paragraph (1) cover administrative checks and health checks.

Article 16

If from the result of the checks as described in Article 15 paragraph (2) on carrier media still on board of transportation means it is found out that:

Article 17

The health checking actions as described in Article 16 g shall be done on the transportation means, if:

Article 18

If from the result of the administrative checks as described in Article 15 paragraph (2) on carrier media having been unloaded from its transportation means, it is found out that:

Article 19

(1) If after performing the health checking actions meant in Article 16 g, it is found out that:

(2) If the treatment action as described in paragraph (1) b is not possible to be performed, a rejection action shall be taken on the carrier media.

(3) The carrier media subjected to the rejection action as described in paragraph (1) a or paragraph (2) is prohibited to be unloaded from its transportation means.

Article 20

(1) If after performing the health checking actions as described in Article 18 g, it is found out that the carrier media is:

(2) Carrier media that are spoiled or damaged as described in paragraph (1) a shall undergo:

Sub-part 2
Detention

Article 21

(1) The detention action as described in Article 16 e and Article 18 e is undertaken to secure the carrier media by sealing method and placing it under the command and control of Plant Quarantine Officers.

(2) On carrier media subjected to the detention action as described in paragraph (1), the owner or his/her proxy will be provided a period of 14 (fourteen) work days at the most to fulfill the required completeness of documents.

(3) If in the 14 (fourteen) work days period as described in paragraph (2) the required completeness of the documents is not or cannot be fulfilled, a rejection action shall be taken.

Sub-part 3
Observation and Isolation

Article 22

(1) Isolation and observation actions shall be performed on carrier media by placing it in an isolated location so that if there are OPTK, it will not spread to the surrounding environment.

(2) The isolation and observation actions as described in paragraph (1) shall be executed for a certain period to detect possibilities of the existence of OPTK which due to its nature, require a long time, and special means and condition.

(3) The special condition as described in paragraph (2) among others are temperature, climate, and elevation.

Article 23

If after performing the isolation and observation actions meant in Article 21, it is found out that the carrier media is:

Sub-part 4
Treatment

Article 24

(1) Treatment action is performed by physical and/or chemical method.

(2) The treatment action as described in paragraph (1) is performed:

(3) Treatment action as the additional obligation as described in paragraph (2) b may be performed in the country of origin, on transportation means while en route, in the country of transit, and/or after arriving in the territory of the Republic of Indonesia.

Article 25

If after performing the treatment action as described in Article 23 paragraph (1) a, it is found out that it:

Article 26

Provisions on the standard treatment actions as described in Article 23 shall further be stipulated by the Head of Agriculture Quarantine Agency.

Sub-part 5
Rejection

Article 27

(1) Rejection action on carrier media that:

(2) Execution of the rejection action as described in paragraph (1) shall be followed with the issuance of a Rejection Report.

(3) Facilities that are required for the performance of the rejection action as described in paragraph (2) are the responsibility of the owner or his/her proxy.

(4) If in a period of 14 (fourteen) work days after receiving the rejection letter, the owner or his/her proxy did not immediately export the carrier media out of the territory of the Republic of Indonesia, a destruction action shall be performed.

Sub-part 6
Destruction

Article 28

(1) Destruction action on carrier media is performed by burning, heating, burying, destroying and/or other methods so that there is no possibility that the carrier media can be a source of the spread of OPTK.

(2) Execution of the destruction action as described in paragraph (1) shall be followed with the issuance of a Destruction Report.

(3) Facilities that are required for the performance of the destruction action as described in paragraph (2) are the responsibility of the owner or his/her proxy.

(4) Provisions on the destruction meant in paragraph (1) shall further be stipulated by the Head of Agriculture Quarantine Agency.

Sub-part 7
Release

Article 29

(1) Release action is made by releasing and/or allowing the carrier media to enter into the territory of the Republic of Indonesia.

(2) The release action as described in paragraph (1) is carried out on carrier media that are free from and/or can be cleaned from OPTK category A1, OPTK category A2 and/or OPTP.

(3) Carrier media that had undergone the release action as described in paragraph (1) may travel freely within the territory of the Republic of Indonesia.

(4) On the performance of the release action as described in paragraph (1) Release Certificate shall be issued.

CHAPTER IV
QUARANTINE ACTIONS ON CARRIER MEDIA RE-ENTERED INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

Article 30

(1) Re-entry of carrier media that had been exported from the territory of the Republic of Indonesia can occur due to:

(2) The carrier media as described in paragraph (1) b was used for the purpose of among others exhibition; contest and/or research.

Article 31

(1) On the re-entry of the carrier media as described in Article 30 paragraph (1) a, if it is:

(2) Re-entry of the carrier media as described in paragraph (1), must be accompanied with a statement letter on rejection from NPPO or other parties in the destination country accompanied with reasons for the rejection.

(3) If the re-entry of the carrier media is not accompanied with the statement letter meant in paragraph (2), a rejection action shall be taken.

Article 32

In the event the re-entry of the carrier media as described in Article 30 paragraph (1) b is:

CHAPTER V
RECOGNITION, EQUIVALENCE, AND NOTIFICATION OF NON CONFORMANCE

Article 33

(1) Performance of quarantine actions on the entry of carrier media into the territory of the Republic of Indonesia can be performed thru a Mutual Recognition Agreement and an Equivalence Agreement with the country of origin.

(2) Terms and procedure on the performance of Mutual Recognition Agreement and Equivalence Agreement as described in paragraph (1) shall further be stipulated by the Head of Agriculture Quarantine Agency.

Article 34

(1) Notification on non conformance will be issued by Agriculture Quarantine UPT if the entry of carrier media from overseas:

(2) Notification on the non-conformance as described in paragraph (1) shall be addressed to the NPPO in the country of origin of the carrier media.

CHAPTER VI
RETRIBUTION ON QUARANTINE ACTION SERVICES

Article 35

(1) Carrier media owners or their proxies are obligated to pay retribution on quarantine action services.

(2) Retribution on quarantine action services as described in paragraph (1) is• a Non-Tax State Income (PNBP) that must be deposited to the state treasury.

(3) The amount of retribution for quarantine action services as described in paragraph (1) shall be stipulated based on prevailing statutory regulations.

CHAPTER VII
TRANSITIONAL PROVISIONS

Article 36

On going quarantine actions on the entry of carrier media before the stipulation of this Regulation; shall be settled by following provisions of Decision Letter of Agriculture Minister No. 38/Kpts/HK.310/1/90 concerning Requirements and Actions on Plant Quarantine for the Entry of Plants and Seeds into the Territory of the Republic of Indonesia.

CHAPTER VIII
CLOSING PROVISIONS

Article 37

With the stipulation of this Regulation, Decision Letter of Agriculture Minister No. 38/Kpts/HK.31O/1/90 concerning Quarantine Requirements and Actions on Plants for the Entry of Plants and Seeds into the Territory of the Republic of Indonesia, isrevoked and declared as not effective.

Article 38

This Regulation commences to come to effect from the date of stipulation.

For public cognizance, this Agriculture Minister Regulation shall be announced in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on February 6, 2009
THE MINISTER OFAGRICULTURE,
sgd.
ANTON APRIYANTONO