Regulation of the Maritime Affairs and Fisheries Minister of the Republic of Indonesia No. PER.12/MEN/2011 concerning Japan’s fishery products and fish farming production facilities entering the territory of the Republic of Indonesia

GOVERNMENT REGULATIONS JAPAN'S FISHERY PRODUCTS AND FISH FARMING PRODUCTION FACILITIES ENTERING THE TERRITORY OF THE REPUBLIC OF INDONESIA (Regulation of the Maritime Affairs and Fisheries Minister of the Republic of Indonesia No. PER.12/MEN/2011, dated May 9, 2011) BY THE GRACE OF GOD ALMIGHTY THE MARITIME AFFAIRS AND FISHERIES MINISTER OF THE REPUBLIC OF INDONESIA, Considering : a. that to anticipate the entry of Japan's radioac tive-contaminated fishery products and fish farm ing production facilities, it is necessary to make a supervisory effort to protect the public, fishery resources and the environment in the territory of the Republic of Indonesia; tion facilities is made by controlling, safeguard ing and tracing Japan's fishery products and fish farming production facilities that will enter the territory of the Republic of Indonesia; c. that based on the considerations in letters a and b , it is necessary to stipulate Regulation of the Maritime Affairs and Fisheries Minister on Japan's Fishery Products and Fish I-armmg Production Fa cilities Entering the Territory of the Republic of Indonesia; In view of : b. that the effort to supervise radioactive-contami- 1. Law No. 16/1992 on Animal, Fish and Plant Quar nated fishery products and fish farming produc- antine (Statute Book of 1992 No. 56, Supplement Business News 8213-8214/2-1-2012 25 GOVERNMENT REGULATIONS to Statute Book No. 3482); 2. Law No. 23/1992 on Health (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3495); 3. Law No. 7/1994 on the Ratification of Agreement Establishing The World Trade Organization (Stat ute Book of 1994 No. 57, Supplement to Statute Book No. 3564); 4. Law No.7/1996 on Food (Statute Book of 1996 No. 99. Supplement to Statute B~ok No.. 3656); . 5. Law No. 8/1999 on Consumer Protection (Stat ute Book of 1Qaa No. 42, Supplement to Statute Book No. 3821); 6. Law No. 31/2004 on Fisheries (Statute Book of 2004 No. 118, Supplement to Statute Book No. 4433) as already amended by Law No. 45/2009 (Statute Book of 2009 No. 154, Supplement to Statute Book No. 5073); 7. Law No. 17/2006 on Customs (Statute Book of 2006 No. 93, Supplement to Statute Book No. 4661); 8. Government Regulation No. 102/2000 on Na tional Standardization (Statute Book of LUOO No. 199, Supplement to Statute Book No. 4020); 9. Government Regulation No. 15/2002 on Fish Quarantine(Statute Book of 2002 No. 36, Sup plement to Statute Book No. 4197); 10. Government Regulation No. 28/2004 on Food Safety, Quality and Nutrition (Statute Book of ~004 No. 107, Supplement to Statute Book No.4424); 11 . Presidential Regulation No. 10/2008 on the Use of Electronic System within the Framework of In donesian National Single Window (NSW}; 12. Presidential Regulation No. 47/2009 on the For mation and Organization of State Ministries; 13. Presidential Regulation No. 24/2010 on the Posi tion, Task and Function of State Ministries and the Organizational Structure, Task and Function of First Echelon Officials of State Ministry as al readv amended by Presidential Regulation No. 67/2010; 14. Presidential Decree No. 84/M/200a as already amended by Presidential Decree No. 56/P/2010; 15. Regulation of the Maritime Affairs and Fisheries Minister No. PER.20/MEN/2007 on Fish Quaran tine Measures for the Entry of Media Carrying Quarantine Fish Pest and Diseases from Abroad and from One Area to Another within the Terri tory of the Republic of Indonesia; 16. Regulation of the Maritime Affairs and Fisheries Minister No. PER.02/MEN/2010 on the Procure ment and Circulation of Fish Feed; 1 I. Regulation of the Maritime Affairs and Fisheries Minister No. PER.15/MEN/201 0 on the Organiza tion and Work Mechanism of the Maritime Affairs and Fisheries Ministry; 18. Regulation of the Maritime Affairs and Fisheries Minister No. PER.17/MEN/201 0 on Qualitv Con trol and Safety of Fishery Products Entering the Territory of the Republic of Indonesia; 19. Regulation of the Maritime Affairs and Fisheries 26 busir:ess News 82/3-82/4f2-/·20 12 GOVERNMENT REGULATIONS Minister No. PER.19/MEN/20 10 on the Control of Quality and Safety Guarantee System of Fishery Products; 20. Decree of the Maritime Affairs and Fisheries Min , iste. Nu. KEP.24/MEN/2002 011 the Procedure and Technique of Drawing Up Laws and Regulations at the Maritime Affairs and Fisheries Ministry; 21. Decree of the Maritime Affairs and Fisheries Min ister No. KEP.26/MEN/2002 on the Supply, Cir culation, Use and Control of Fish Medicines; 22. Decree of the Maritime Affairs and Fisheries Min ister No. KEP.01/MEN/2007 on Requirements of Fishery Products' Quality and Safety Guarantee in the Production, Manufacture and Distribution Processes; DECIDES: Stipulate : REGULATION OF THE MARITIME AFFAIRS AND FISHERIES MINISTER CONCERNING JAPAN'S FISH ERY PRODUCTS AND FISH FARMING PRODUCTION FACILITIES ENTERING THE TERRITORY OF THE RE PUBLIC OF INDONESIA. CHAPTER I GENERAL PROVISIONS Article 1 Referred to in this Ministerial Regulation as: 1. Fishery product is live, fresh, frozen or dried fish including other marine biotas handled and/or pro cessed and/or turned into end product, either for human consumption or non-consumption. 2. Fish farming production facility is fish medicine and fish feed to support fish farming. 3. Fish is all types of organism whose life cycle is entirely or partly in waters. 4. Radioactive is any substance that reflects pen gion radiation with activity type larger than 70 kBq/kg (2nCi/g). 5. Competent authorities are an organizational unit at the Maritime Affairs and Fisheries Ministry mandated by the minister to take quarantine mea sures. control quality and safety guarantee sys tem of fishery products. 6. Health certificate in the fish quarantine field is an official document signed by a quarantine of ficer or authorized official in the country of origin or transit stating that the carrier media contained therein are not contaminated by quarantine fish pest and/or disea se as signaled. 7. Health certificate in quality field is an official doc ument signed by an authorized official/authorities in the country of origin stating that the fishery product is safe for human consumption. CHAPTER 1/ REQUIREMENTS Article 2 (1) Any Japanese fishery product that is to enter the territory of the Republic of Indonesia: a. shall be equipped with a health certificate in the fish quarantine field and/or health Business News 8213-8214/2-1-2012 GOVERNMENT REGULATIONS certificate in the Quality field from the au thorized agency/institute in the country of origin stating that the fishery product is free from radioactive; b. shall be equipped with a certificate of origin (CoO) issued by the competent authorities in the country of origin; c. shall carry the results of laboratory test in the country of origin stating that the enter inq fishery product is free from microbiologi cal pollutant, residual, and contaminant as well as other hazardous chemicals according to the Indonesian National Standard (SNI) re qurrements or other stipulated provisions; d. shall meet the law and reg ulation on food la bel and advertisement; e. shall be at least 20 (twenty) percent glazed for fishery product in frozen form; and f. shall be equipped with a Good Aquaculture Practices (GAP) certificate for fish farm prod ucts . (2) The statement that the fishery product is free from radioactive as referred to in paragraph (1) letter a Can also be in the form of radioactive-free certificate issued by an authorized agency/insti tute in Japan. (3) Fishery product in the form of new type of fish introduced and/or for the first time entering the territory of the Republic of Indonesia shall meet the conditions as fI'!fprrerl to in f1M<lgri'lf1h (1) and paragraph (2) in addition to undergoing fish portation risk analysis according to the law in force. (4) Fishery product in the form of new type of fish in troduced and/or for the first time entering the ter ritory of the Republic ot Indonesia shall meet the conditions as referred to in parag raph (1), para graph (2) and paragraph (3) for non-consumption fish in addition to receiving a recommendation from the Director General of Fish Farming Article 3 (1) Any fish fa rming production facility in the form of fish medicine from Japan to be imported to the territory of the Republic of Indonesia shall be equipped with certificates issued by authorized agencies/institutes in Japan in the form of : a. Certificate of Origin (CoO); b. Certificate of Free Sale; c. Certificate of Analysis; and d. Certificate of Good Manufacturing Practice (GMP). (2) Any fish farming production facility in the form of fish feed from Japan to be imported to the territo ry of the Republic of Indonesia shall be equipped with: a. Certificate/publication from the Japanese government stating that the fish has been and is still traded in Japan; b. Certificate of analysis from a competent gov ernment/private institute in Japan; c. Certificate of appointment from producer to 28 BU3in~33 NeW3 £J21J-£J21-412-1-2012 importer and/or distributor; and GOVERNMENT REGULATIONS to have been contaminated by radioactive. the d. Certificate from the government or indepen dent institute in Japan stating that the fish feed has a positive impact on fish growth or can increase fish growth to the optimum level and does not endanger human health and the environment. ~3) In addition to being equipped with the certifi cates/documents as referred to in paragra ph (1) and paraqraph (2) fish Iarrninq production facili ties from Japan to be imported to the territory of the Rep~brie of Indonesia shall be equipped with radioactive-free certificate. (4) the radioactive-tree certificate as reterred to In paragraph ~3) shall be issued by the authorized agency/institute in Japan. Article 4 Fishery products and fish farming production facilities can be imported from Japan to the territory of the Republic of Indonesia only through: a. Seaports: Belawan in Medan, Tanjung Priok in Ja kana, Tanjung Emas in Semarang, Tanjung Perak in Surabaya, Soekarno Hatta in Makassar; and/or b. Airports: Polonia in Medan, Soekarno Hatta in Ja karta, Juanda in Surabaya, Sultan Hasanuddin in Makassar, Ngurah Rai in Denpasar. Competent Quality Control Authorities can take samples. (2) The samples as referred to in paragraph (1) shall be conveyed to the National Nuclear Power Body for examination. (3) The examination of samples as referred to in paragraph (2) shall be subject to fees according to the law and regulation in force and become the responsibility of the importer. Article 6 (1) If based on the results of examination as referred to in Article 5 paragraph (2), the fishery products and fish farming production facilities contain ra dioactive, they shall be reexported to Japan. ~2) The re-export as referred to in paragraph (1) shall become the responsibility of the importer. Article 7 (1) Fishery products from Japan that are to be im ported to the territory of the Republic of Indonesia and shipped via a third country shall be equipped with a radioactive-free certificate issued by the competent authorities/authorized agency in Ja pan which is part of health certificate in the fish quarantine field and health certificate in the qual itv field or a radioactive-free certificate issued by Article 5 I the authorized agency/institute in Japan. I I (1) If fishery proriuots ann fish farming production I (2) Fish farming production facilities from Japan that facilities to be imported from Japan are ~~I~~~~d l ~~~o be imported to the territory of the Republic B~~inc:;3 Ncrrs 8l1.J-8214/2 1 2012 29 GOVERNMENT REGULATIONS of Indonesia and shipped via a third country shall be equipped with a radioactive-free certificate issued by the authorized agency/institute in .Japan. CHAPTER III TRANSITIONAL PROVISIONS Article 8 Fishery products and fish farming production facilities shipped from Japan to Indonesia directly or via a third country from March 11, 2011 to the stipu lation date of this Ministerial Regulation shall be sub ject to examination in Indonesia to see if they are free from radioactive. CHAPTER IV CONCLUSION Article 9 This Ministerial Regulation shall come into force as from the date of stipulation. For public cognizance, this Ministerial Regula bon shall be promulgated by placing it in the Stote Gazette of the Republic of Indonesia. Stipulated in Jakarta On May 9, 2011 THE MARITIME AFFAIRS AND FISHERIES MINISTER OF THE REPUBLIC OF INDONESIA, sgd. FADEL MUHAMMAD Promulgated in Jakarta On May 9, 2011 THE LAW AND HUMAN RIGHTS MINISTER OF THE REPUBLIC OF INDONESIA, sgd. PATRIALIS AKBAR STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2011 NO. 281 (S) 30 Business News 8213-8214/2-1-2012