Regulation of the Minister of Agriculture No. 18/Permentan/OT.160/5/2006 on Performance of Plant Quarantine Actions Outside Places of Import and Export

2A PERFORMANCE OF PLANT QUARANTINE ACTIONS OUTSIDE PLACES OF IMPORT AND EXPORT (Regulation of the Minister of Agriculture No. 18/Perrnentan/OT.160/5/2006 dated May 30, 2006) WITH THE GRACE OF THE ALMIGHTY GOO THE MINISTER OF AGRICULTURE, Considering: a. that, based on the provisions of Article 50 paragraph (2) of Government Regulation No. 14/2002 on Plant Qu~rantine, plant quarantine actions can be per formed outside places of import and export; b. that, considering the provisions of paragraph a, it is deemed necessary to stipulate performance of plant quarantine actions outside places of import and ex port; In view of: 1. Law No. 16/1992 on Animal, Fish, and Plant Quaran tines (Statute Book of 1992 No. 56, Supplement to Statute Book No. 3482); 2. Government Regulation No. 14/2002 on Plant Quar antine (Statute Book of 2002 No. 35, Supplement to Statute Book No. 4196); 3. Presidential Decree No. 187/M/2004 on Establishment of United Indonesia Cabinet; 4. Presidential Regulation No. 9/2005 on Positions, Duties, Functions, Organization Structures, and Work Procedures of State Ministries of the Republic of In donesia juncto Presidential Regulation No. 62/2005; 5. Presidential Regulation No. 10/2005 on Organization Units and Duties of Echelons I of State Ministries of the Republic of Indonesia; 6. Decree of the Minister of Agriculture No. 469/Kpts/ HK.310/8/2001 on Places of Import and Export of Carriers of Pest Attacking Quarantine Plants; 7. Regulation of the Minister of Agriculture No. 299/ !Business News 7400-7401/16-8-2006 Kpts/OT.140/7/2005 on Organization and Work Pro cedure of the Ministry of Agriculture; 8. Regulation of the Minister of Agriculture No. 341/ Kpts/OT.140/9/2005 on Organization Units and Work Procedure of the Ministry of Agriculture; 9. Regulation of the Minister of Agriculture No. 37 /Kpts/ HK.060/1/2006 on Technical Conditions and Plant Quarantine Actions on Import of Fresh Fruits And Or Vegetables to Indonesian Territory; 10.Decree of the Minister of Agriculture No. 38/Kpts/ HK.060/1/2006 on Types of Pests Attacking Quaran tine Plants of Class I Categories Al and A2, Class II Categories Al and A2, Host Crops, Carriers, and Dis~ semination Areas. DECIDES: To stipulate: REGULATION OF THE MINISTER OF AGRICULTURE ON PERFORMANCE OF PLANT QUARANTINE ACTIONS OUT SIDE PLACES OF IMPORT AND EXPORT. CHAPTER I GENERAL PROVISIONS Article 1 1. Carrier of Pest, Which is hereinafter called "Carrier", is plant and its parts and or other materials that may carry pests attacking plants and or quarantine plants. 2. Plant is all kinds of. biological resources in live or dead condition, unprocessed or processed. 3. Seed or Plant Seed is plant or its parts, in whatever condition and form, intended to be grown and or used for growing plants. 4. Live Plant Product is plant and its parts in live condi tion, but is not intended or can no longer be grown or used for growing plants. 5. Dead ..... 5. Dead Plant Product Unprocessed is plant and its part in dead condition that not yet experienced· process Ing that changes Its orlglnal forms or characteristics. 6. Dead Plant Product Processed is plant and its parts in dead condition that already experienced processing that resulted in change of its original forms or charac teristics as long as it is possible to become carrier. 7. Other Materials are pathogenic materials, biological materials, fish food, materials for making food for livestock and or fish, soil, compost, or media for growth of other plants, and vectors. 8. Other carriers are wastes, amongst others, food waste th at contains materials from plants. 9. Plant Quarantine is an attempt to prevent introduc tion and dissemination of pests from overseas and from one area to another domestically, or their exit from Indonesian territory. 10.Plant Quarantine Action included examination, isola tion, observation, treatment, detention, rejection, destruction, and release of carriers of pests attack ing plants and or quarantine plants. 11.Plant Quarantine Installation, which is hereinafter called "Quarantine Installation" is a place and its ex isting facilities used for performing plant quarantine actions. 12.Place of Import and Export included seaport, river port, crossing port, airport, post office, post on bor der area with other countries, and other places deemed necessary, stipulated as places of import and or export of carriers. 13.Plant Quarantine Actions Outside Place of Import and Export are plant quarantine actions performed out side place of import and export, either at quarantine installation or at other places outside quarantine in stallation. 14.Plant Quarantine Officer is a civil servant assigned with duty to perform plant quarantine actions pursu ant to the applicable laws. ~usiness News 7400-7401/16-8-2006 3A 15.Local Technical Unit for Operation of Plant Quaran tine is a Technical Unit for Operation of Plant Quar antine other than the Technical Unit for Operation of Plant Quarantine at place of import and or export, which is near place of performance of plant quaran tine actions. Article 2 (l)This Regulation is iritended as guidelines for Plant Quarantine Officer in performing plant quarantine ac tions outside places of import and export. (2) This regulation is to accelerate performance of plant quarantine actions. Article 3 The scope of this Regulation included perfor mance of plant quarantine actions outside places of import and export, either at Quarantine installation ot at other places outside quarantine installation. CHAPTER II PERFORMANCE OF PLANT QUARANTINE ACTIONS OUTSIDE PLACES OF IMPORT AND EXPORT Part one General Article 4, (l)Plant quarantine actions may be performed outside places of import and or export, either at quarantine installation or at other places outside quarantine ins tallation. (2)Plant quarantine actions outside places of Import and export, as meant in paragraph (1), shall be performed by Plant Quarantine Officer. (3) Plant quarantine actions performed at quarantine installation outside places of import and or export, as meant in paragraph (1), included examination, isolation, observation, treatment, detention, destruc tion, and release. (4)Plant quarantine actions performed in other places outside quarantine Installation outside places of im port and or export, as meant in paragraph (1), In cluded examination, treatment, detention, destruc tion, and release. Article ...... Article 5 Plant quarantine actions, as meant in Article 4 paragraph (1), may be performed if: a. The time for performing plant quarantine actions at places of import and export is insufficient due to high frequency and volume of flow of goods; b, Quarantine installation or other places outside quar antine installation at places of import and or export are not available; c. Quarantine installation or other places outside quar antine Installation at places of import and or export are insufficient to accommodate carriers subjected to plant quarantine actions; d. Carriers, pests harming certain plants and or quar • antine plans, which, due to their nature, cannot be treated with plant quarantine actions at places of import and or export; e. Based on other laws applicable, plant quarantine actions cannot be performed at places of import and or export. Article 6 (l)On plant quarantine actions performed in quaran tine installation outside places of import and export, as meant in Article 4, the concerned quarantine in stallation must fulfil the conditions set forth in the applicable regulations. (2)In case that plant quarantine actions were performed in other places outside quarantine installation, as meant In Article 4, such places must meet the condi tions of places for performance of plant quarantine actions. (3)The conditions, as meant in paragraph (2), included, amongst others: a. Such places must have condition and situation that guarantees non-infection and or non-dissemi~ nation of pests attacking plants and or quaran~ tine plants; b. Such places must be completed with licenses in accordance with their intended uses, Issued by !Business News 7400-7401/16-8-2006 4A the competent institutions; c. Such places must be able to accommodate carri ers and the vehicles transporting the carriers; d. Such places are in a flood-free area; and e. Environmental safety. (4)Further provisions regarding conditions for other places that can be used for performing plant quar antine actions, as meant in paragraph (1), will be stipulated by Head of Agriculture Quarantine Agency. Article 7 (l)For performance of plant quarantine actions, as meant in Article 4, owner of carriers must file a re quest along with reasons to Head of Quarantine Agency c.q. Head of the Local Technical Unit for Operation of Plant Quarantine. (2)Head of the Agriculture Quarantine Agency c.q. Head of Local Technical Unit for Operation of Plant Quar antine, in obseivance of the provisions of Article 6 paragraph (2), may, In writing, approve or reject the above request. Article 8 {!)Approval on request for use of other places for per forming plant quarantine actions, as meant in Article 7, shall be valid for one (1) time,-{lnd may be re requested to get approval. (2)Further provisions regarding conditions of other places used for performing plant quarantine actions, as meant in paragraph (1), shall be stipulated by Head of the Agriculture Quarantine Agency. Article 9 For performance of plant quarantine actions, as meant in Article 4, owner of carriers shall be respon sible for providing facilities, amongst others, as follows: a Places for performance of plant quarantine actions; b. Materials and tools that cannot be provided by the Agriculture Quarantine Agency; c. Workers; d. Vehicles transporting carriers to places for perfor mance of plant quarantine actions; e. Maintenance/care of carriers; f. Treatment •.. , •. f. Treatment of carriers; g. Transportation, accommodation, and consumption for Plant Quarantine omcer. Part Two Performance of Plant Quarantine Actions on Import of carriers, Other carriers, Tools· and Wrappers Outside Place of Import Article 10 (!)Carriers, before they are treated with plant quaran tine actions, as meant in Article 4, must meet the conditions for plant quarantine. (2)The conditions, as meant In paragraph (1), included: a. Being completed with Phytosanitary Certificate from country of origin and country of transit, for plants and parts, except carriers classified as other materials; b. Going through the decided place of import; c. Being reported and delivered to Plant Quarantine Officer at place of import, for plant Quarantine actions. (J)Other than the conditions, as meant in paragraph (1), additional requirements based on Analysis r:I Risk of Pest Attacking Plants (AROPT) must also be ful filled. (4)Further provisions regarding the additi~nal require ments, as meant In paragraph (2), will be stipulated by Head of the Agriculture Quarantine Agency. Article 11 SA (l)After meeting the conditions, as meant in Article 10, , carriers can be treated with plant quarantine actions outside place of import, as meant in Article 4 para graph (1), if such carriers have been delivered by the Owner to the Plant Quarantine Officer after meet ing the procedures stipulated by the Customs and EXCiSe and the Post Office. (2)catriers, as meant in paragraph (1), which are to be brought to quarantine installation or to other places outside quarantine installation to be treated with plant quarantine actions, must meet the following condi~ tions: Business News 7400-7401/16.:.S-2006 a. Using transportation vehk:le assumed by Plant Quarantine OfFacer as not disseminating pests, amongst others, pests will not be scattered on the way to place of destination; b. Being under supervision of Plant Quarantine Of ficer; Article 12 Import of carriers in the form of plant seeds into Indonesian territory that needed isolation and ob servation shall be in accordance with the following con ditions: a. If plant quarantine actions will be performed outside place of import In one Island, the actions shall be conducted by the Technical Operating Unit for Plant Quarantine at place of import in coordination with the Local Technical Unit for Operation of Plant Quar antine; or b. If plant quarantir.ie actions will be conducted outside place of import in other islands, carriers are deliv ered from the Technical Unit for Operation of Plant buarantlne at place of import to the Local Technical )Jnlt for Operation of Plant Quarantine to be treated with plant quarantine actions c. Release of carriers, as meant In paragraph b, shall be performed by the Local Technical Unit for Opera tion of Plant Quarantine. Article 13 (l)On carriers in the form of plant seeds other than as meant in Article 12 and plant products, plant quar antine actions outside place or Import may be per formed by the Technical Unit for Operation of Plant Quarantine at place of import or delivered from the Technical Unit for Operation of Plant Quarantine at place of import to the Local Technical Unit for Op eration of Plant Quarantine to be treated with plant quarantine actions. (2)Tools and wrappers Imported may be treated With plant quarantine actions outside place of import by the Technical Unit for Operation of Plant Quarantine at place of import. (3) Other.-. .•. (3)0ther carriers imported may be treated with destruc tion outside place of Import by the Technical Unit for Operation of Plant Quarantine at place of lmoort. (4) Release of carriers, tools, and wrappers, as meant In paragraphs (1} and (2}, shall be performed by the Local Technical Unit for Operation of Plant Quaran tine. Artlde 14 Other carriers, as meant in Article 13 paragraph (3) to be brought from place of import, must be carried by transportation vehicles assumed by Plant Quaran tine Officer as not disseminating pests, amongst oth ers, pests are not being scattered on the way to place of destruction. Part Three Performance of Plant Quarantine Actions on Export of carriers, Tools, and · Wrappers Outside Place of Export Article 15 (l)carriers in the form of plants and or plant products and tools and wrappers to be exported from IndOne sian territory, other than given release treatment, plant Quarantine actions outside place of export shall be conducted by the Technical Unit for Operation of Plant Quarantine at place of export in coordination wfth the Local Technical Unit for Operation of Plant Quarantine. (2)Release of carriers and tools, as meant in paragraph (1), shall be performed by the Technical Unit for Operation of Plant Quarantine at place of export. Article 16 (!)Treatment of wrappers to be exported from Indone sian territory may be performed by the Technical Unit for Operation of Plant Quarantine at place of export or third party under supervision of Plant Quarantine Officer of the Technical Unit for Operation of P1ant Quarantine at place of export. (2)In supervising treatment performed by third party, as meant in paragraph (1), the Technical Unit for ]BuSiness News 7400·7401/16-8-2006 6A operation of Plant Quarantine at place or export may coordinate with the Local Technical Unit for Opera tion of Plant Quarantine. Article 17 Carriers, lools, and wrappers that were already given plant quarantine treatment by the Local Techni cal Unit for Operation of Plant Quarantine, as meant in Article 15, and to be brought to place of export, must be using places of wrapping, storage, and or transpor tation vehicles assumed by the Plant Quarantine Officer as not Infecting and not being Infected by pests on the way to place of export. Part Four °performance of Inter-Area Plant Quarantine Actions on Carriers, Other carriers, Tools, and Wrappers at Places of Import and Export Article 18 (l)On carriers in the form of plants and plant products and tools and wrappers to be brought or sent from one area to another in Indonesia, plant quarantine actions outside place of export shall be performed by the Technical Unit for Operation of Plant Quaran tine at place of export in coordination with the Local Technical Unit for Operation of Plant Quarantine. (2)Release of carriers and tools, as meant in paragraph (1), shall be performed by the Technical Unit for Operation of Plant Quarantine at place of export. (J)Carriers unintentionally carried from another area in Indonesia, can be treated with destruction outside place of import by the Technical Unit f~r Operation of Plant Quarantine at place of import. CHAPTER III PLANT QUARANTINE FEE Article 19 Performance of plant quarantine actions, as. meant in Article 4, is subjected to plant quarantine fee in accordance with the applicable laws. CHAPTER IV CLOSING PROVISIONS Article , . , • . Article 20 This Regulation is valid since the date it is stipu lated. cc: Stipulated in Jakarta On May 30, 2006 THE MINISTER OF AGRICULTURE Sgd ANTON APRIYANTONO 1. The Coordinating Minister of Economy; 2. The Minister of Foreign Affairs; 3. The Minister pf Home Affairs; 4. The Minister of Finance; s. The Minister of communications; 7A 6. The Minister of Justice and Human Rights; 7. The Minister of Forestry; 8. The Minister of Trade; 9. Chief of the Indonesian Police Forces; 10. The Attorney General; 11.Head of the State Financial Comptroller; 12.Head of the State Financial and Development Super visory Agency; 13.Head of the State Intelligence Agency; 11.The Director General or Customs and Excise, the Ministry of Finance; 15.Echelons I of the Ministry of Agriculture; 16.The Governors across Indonesia.