Regulation of the Minister of Agriculture of RI No. 86/Permentan/OT.140/8/2013 concerning Import Recommendation of Horticultural Products

REGULATION OF THE MINISTER OF AGRICULTURE NUMBER 86/Permentan/OT.140/8/2013 CONCERNING IMPORT RECOMMENDATION OF HORTICULTURE PRODUCTS BY THE GRACE OF GOD ALMIGHT THE MINISTER OF AGRICULTURE, Considering : a. that in the context of importation of horticulture products, has been stipulated Regulation of the Minister of Agriculture Number 47/Permentan/OT.140/4/2013 concerning Import Recommendation of Horticulture Products; b. that in order to simplify the import process of horticulture products, and providing certainty in servicing Import Recommendation of Horticulture Products, necessitate the review of Regulation of the Minister of Agriculture Number 47/Permentan/OT.140/4/2013; In view of : 1. Law Number 16 Year 1992 concerning Animal, Fish, and Plant Quarantine (State Gazette Year 1992 Number 56, Addendum Number 3482); 2. Law Number 7 Year 1994 concerning Ratification of Agreement Establishing the World Trade Organization (State Gazette Year 1994 Number 57, Addendum Number 3564); 3. Law Number 32 Year 2004 concerning Regional Government (State Gazette Year 2004 Number 125, Addendum Number 4437) related with Law Number 8 Year 2005 (State Gazette Year 2005 Number 108, Addendum Number 4548) and Law Number 12 Year 2008 (State Gazette Year 2008 Number 59, Addendum Number 4844); 4. Law Number 13 Year 2010 concerning Horticulture (State Gazette Year 2010 Number 132, Addendum Number 5170); 5. Law Number 18 Year 2012 concerning Food (State Gazette Year 2012 Number 227, Addendum Number 5360); 6. Government Regulation Number 38 Year 2007 concerning Division of Government Affairs between the Government, Provincial Regional Government and Regency/City Regional Government (State Gazette of the Republic of Indonesia Year 2007 Number 82, Addendum Number 4737); 7. Presidential Decree Number 84/P Year 2009 concerning Formation of United Indonesia Cabinet II; 8. Presidential Decree Number 47 Year 2009 concerning Formation and Organization of Ministry as amended several times with Presidential Regulation Number 76 Year 2011 concerning Amendment to Presidential Regulation Number 47 Year 2009 concerning Formation and Organization of State Ministries; 9. Presidential Regulation Number 24 Year 2010 concerning the Position, Duty, and Function of State Ministries, as well as Organization Structure, Task, and Function of Echelon I as amended several times, lastly by Presidential Regulation Number 92 Year 2011; 10. Regulation of the Minister of Agriculture Number 37/KPTS/HK.060/1/2006 concerning Technical Requirements and Plant Quarantine Measures for Importation of Fresh Fruits and/or Vegetables into the Territory of the Republic of Indonesia, related with Regulation of the Minister of Agriculture Number 89/Permentan/OT.140/12/2011; 11. Regulation of the Minister of Agriculture Number 61/Permentan/OT.140/10/2010 concerning Organization and Work Procedures of the Ministry of Agriculture; 12. Regulation of the Minister of Agriculture Number 90/Permentan/OT.140/12/2011 concerning Plant Quarantine Requirements and Measures for the Importation of Life Plant Produce in the Form of Fresh Bulbs into the Territory of the Republic of Indonesia, related with Regulation of the Minister of Trade Number 16/Permentan/OT.140/3/2012; 13. Regulation of the Minister of Agriculture Number 88/Permentan/PP.340/12/2011 concerning Food Safety Control of Importation and Exportation of Fresh Food of Plant Origin; and 14. Regulation of the Minister of Agriculture Number 94/Permentan/OT.140/12/2011 concerning Entry and Exit Points of Carrier Media of Quarantine Animal Disease and Quarantine Plant Disturbing Organism; Observing : Result of Economic Limited Coordination Meeting on 27 August 2013 related to Trading System Policy of Beef, Horticulture and Others (letter Number S 169/M.EKON/08/2013 on 27 August 2013); DECIDES: To stipulate : REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING IMPORT RECOMMENDATION OF HORTICULTURE PRODUCTS. CHAPTER I GENERAL PROVISIONS Article 1 In this Regulation what is referred to as: 1. Horticulture Product Import is a series of activities of entering horticulture products from overseas into the Customs area of the Republic of Indonesia. 2. Entry Point is sea ports and airports that have been specified by the Minister as a place of entry. 3. Horticulture Product is all produce originating from horticulture plant that are fresh or processed. 4. Import Recommendation of Horticulture Products hereinafter referred to as RIPH is as letter issued by the Minister of Agriculture or appointed official and is a requirement for the issuance of Import Approval. 5. Horticulture Business is all activities to produce and/or provide services related to horticulture. 6. Importer Producer of Horticulture Product, hereinafter referred to as IP-Horticulture Product is a manufacturing company which uses Horticulture Product as raw materials or supporting materials in the production process and not traded or transferred to other parties. 7. Registered Importer of Horticulture Product, hereinafter referred to as RI-Horticulture Product is a company which imports Horticulture Product for business purposes by trading and/or transferring it to other parties. 8. Director General is the Director General of Processing and Marketing of Agricultural Products, Ministry of Agriculture. Article 2 This Regulation is intended to be the legal basis for issuing RIPH as a requirement for the issuance of import approval. Article 3 This Regulation is intended to: a. increase the effectiveness and efficiency of horticulture product import management; and b. provide certainty in RIPH issuing service. CHAPTER II REQUIREMENTS AND PROCEDURES OF ISSUING AND RECOMMENDING IMPORT OF HORTICULTURE PRODUCTS Part One General Article 4 (1) Import of Horticulture Product can be conducted by importer after obtaining import approval by the Minister of Trade or appointed official. (2) Import approval as intended in paragraph (1) is issued after obtaining RIPH from the Minister of Agriculture. Article 5 (1) Import of Horticulture Product can be conducted prior to harvest season, during harvest season and after harvest season within a certain time period. (2) Within a certain time period as intended in paragraph (1) is stipulated by the Minister of Agriculture and submitted to the Minister of Trade. (3) Import period of horticulture products as intended in paragraph (1) is not applicable to horticulture product of fresh chili and shallot for consumption. (4) Issuance of RIPH of fresh horticulture products for consumption in the form of chili and shallot is based on determined reference price from the Minister of Trade. Article 6 (1) Issuance of RIPH as intended in Article 4 paragraph (2) is authorized to the Director General on behalf of the Minister of Agriculture. (2) RIPH as intended in paragraph (1) is issued in the form of letter according to format 1, format-2, format-3 and/or format-4 as included in Attachment I which is an integral part of this Regulation. (3) RIPH includes; a. RIPH number; b. company name and address; c. company Director name and address; d. number and date of application letter; e. product name; f. tariff post/HS of Horticulture Product; g. country of origin; h. manufacturing location (for industrial material); and i. entry point. (4) RIPH as intended in paragraph (2) is an Attachment that is an integral part of this Import Approval Letter. Article 7 (1) Horticulture product that be assigned RIPH includes fresh horticulture products for consumption, fresh from industrial raw materials, processed for industrial raw materials, and processed for consumption as stated in Attachment II which is an integral part of this Regulation. (2) Horticulture Product as intended in paragraph (1) for consumption must meet food safety requirements which are regulated by its own Regulation. Part Two Issuing Requirements for Import Recommendation of Horticulture Products Article 8 (1) RIPH is issued with the following administrative requirements: a. Fresh horticulture products for consumption shall include: Photo copy of RI-Horticulture Product from the Ministry of Trade; Photo copy of General Importer Identification Number (API-U); and Statement of not importing horticulture products which exceed 6 (six) months after the harvest period. b. Fresh and processed horticulture products for industrial raw materials shall include: Technical letter of consideration, industry location, and industrial capacity from the Minister of Industry; Photo copy of Importer Producer Identification Number (API-P). c. Processed horticulture product for consumption shall include: Photo copy of RI-Horticulture Product from the Ministry of Trade; Importation approval letter from the Agency of Drug and Food Control; and Photo copy of General Importer Identification Number (API-U). (2) Issuance of RIPH for fresh produce for consumption, in addition to meeting the administrative requirements as intended in paragraph (1) item a must be accompanied with the following technical requirements: a. plantation/business area registration information or Certificate of Good Agriculture Practices/GAP; b. post harvest packing house registration issued by authorized agency from the country of origin; c. statement of ownership of storage and distribution facilities for horticulture products according to their characteristics and product type; d. statement of suitability of storage capacity; and e. information of distribution plan according to the time and area (regency/city). (3) Technical requirements as intended in paragraph (2) item a and b is translated into Bahasa Indonesia. Part Three Issuing Procedures for Import Recommendation of Horticulture Products Article 9 (1) Issuance of RIPH is conducted based on the application by the applicant. (2) Application as intended in paragraph (1) is accompanied with information of: a. product name; b. tariff post/HS of Horticulture Product; c. time of entry; d. country of origin; and e. point of entry. Article 10 (1) Application to obtain RIPH can only be served by online electronic system through the specified web portal. (2) Web portal as intended in paragraph (1) is a web based application system developed to serve the issuance of RIPH. Article 11 (1) In case of force majeure which causes the online system to not operate, submission of RIPH application can be conducted manually at the latest by the end of RIPH service date. (2) Force majeure as intended in paragraph (1) is determined by information letter from the authorized agency. Article 12 (1) The Director General after receiving the application as intended in Article 9 paragraph (1) in a maximum time period of 7 (seven) working days has finished checking the completeness of the RIPH requirements as intended in Article 8. (2) If the document inspection result is declared complete, RIPH can be issued. (3) If the document inspection result is declared incomplete, the document is returned. Article 13 (1) In one year, RIPH is issued 2 (two) times which is valid for a period from January to June and from July to December. (2) RIPH service as intended in paragraph (1) for the period from January to June, the submission of application is open for 15 working days from the start of November of the previous year, and for the period from July to December, the submission of application is open for 15 working days from the start of May of the current year. (3) RIPH of fresh horticulture products for industrial raw materials, processed for industrial raw materials, and processed for consumption is issued 1 (one) time within 1 (one) period for 1 (one) company. (4) RIPH service as intended in paragraph (1) is not applicable for fresh horticulture product in the form of chili and shallot as intended in Article 5 paragraph (3) and paragraph (4). Article 14 In case where the administrative requirement document or technical requirement document as intended in Article 8 is incorrect, shall be liable to sanction by not granting RIPH for a period of one year. CHAPTER III TRANSITIONAL PROVISION Article 15 RIPH that has been issued and still valid prior to the legislation of this regulation, is declared valid. CHAPTER IV CLOSING PROVISIONS Article 16 With the enactment of this Regulation, Regulation of the Minister of Agriculture Number 47/Permentan/OT.140/4/2013 is revoked and declared invalid. Article 17 This Ministerial Regulation shall come into effect on the date of its legislation. For public cognizance, ordering the promulgation of this Ministerial Regulation by including it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta on 30 August 2013 THE MINISTER OF AGRICULTURE REPUBLIC OF INDONESIA, SUSWONO Legislated in Jakarta on 2 September 2013 THE MINISTER OF JUSTICE AND HUMAN RIGHTS REPUBLIC OF INDONESIA AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2013 NUMBER 1071 ATTACHMENT I REGULATION OF THE MINISTER OF AGRICULTURE NUMBER : 86/Permentan/OT.140/8/2013 DATE : 30 August 2013 No. Code Concerning Signed by 1 Format - 1 Import Recommendation of Fresh Horticulture Product for Consumption into the Territory of the Republic of Indonesia Director General of Processing and Marketing of Agriculture Products 2 Format-2 Import Recommendation of Fresh Horticulture Product for Industrial Raw Materials into the Territory of the Republic of Indonesia Director General of Processing and Marketing of Agriculture Products 3 Format-3 Import Recommendation of Processed Horticulture Products for Industrial Raw Materials into the Territory of the Republic of Indonesia Director General of Processing and Marketing of Agriculture Products 4 Format-4 Import Recommendation of Processed Horticulture Products for Consumption into the Territory of the Republic of Indonesia Director General of Processing and Marketing of Agriculture Products MINISTER OF AGRICULTURE, SUSWONO Format-1 ...................... Number : Attachment : Concerning : Import Recommendation of Fresh Horticulture Products for Consumption To the Honorable Director General ................................... Minister of Trade in Jakarta In connection with letter Number ..................... on the date of........................concerning import recommendation application for fresh horticulture products for consumption on behalf of PT/CV.....................by considering Regulation of the Minister of Agriculture Number......................... and Regulation of the Minister of Trade Number.........................., we in principal can grant import recommendation of horticulture product by PT/CV.................... with the following imported horticulture products: No Name of Horticulture Product Tariff Post/HS Country of Origin Point of Entry 1. 2. 3. 4. 5. ... In relation thereto, You can further process the import approval according to the applicable provisions. Thank you for your attention and cooperation. Director General of Processing and Marketing of Agricultural Products, ..................................... NIP.............................. Copy to the Honorable Minister of Agriculture (as a report) Format-2 .................... Number : Attachment : Concerning : Import Recommendation of Fresh Horticulture Products for Industrial Raw Materials To the Honorable Director General .......................... Ministry of Trade in Jakarta In connection with letter Number ..................... on the date of........................concerning import recommendation application for fresh horticulture products for industrial raw materials on behalf of PT/CV.....................by considering Regulation of the Minister of Agriculture Number......................... and Regulation of the Minister of Trade Number.........................., we in principal can grant import recommendation of horticulture product by PT/CV.................... with the following imported horticulture products: No Name of Horticulture Product Tariff Post/HS Industry Location Country of Origin Point of Entry Time of Entry (Month) 1. 2. 3. 4. 5. ... In relation thereto, You can further process the import approval according to the applicable provisions. Thank you for your attention and cooperation. Director General of Processing and Marketing of Agricultural Products, ..................................... NIP.............................. Copy to the Honorable Minister of Agriculture (as a report) Format-3 .................... Number : Attachment : Concerning : Import Recommendation of Processed Horticulture Products for Industrial Raw Materials To the Honorable Director General .......................... Ministry of Trade in Jakarta In connection with letter Number ..................... on the date of........................concerning import recommendation application for processed horticulture products for industrial raw materials on behalf of PT/CV.....................by considering Regulation of the Minister of Agriculture Number......................... and Regulation of the Minister of Trade Number.........................., we in principal can grant import recommendation of horticulture product by PT/CV.................... with the following imported horticulture products: No Name of Horticulture Product Tariff Post/HS Industry Location Country of Origin Point of Entry Time of Entry (Month) 1. 2. 3. 4. 5. ... In relation thereto, You can further process the import approval according to the applicable provisions. Thank you for your attention and cooperation. Director General of Processing and Marketing of Agricultural Products, ..................................... NIP.............................. Copy to the Honorable Minister of Agriculture (as a report) Format-4 .................... Number : Attachment : Concerning : Import Recommendation of Processed Horticulture Products for Consumption To the Honorable Director General .......................... Ministry of Trade in Jakarta In connection with letter Number ..................... on the date of........................concerning import recommendation application for processed horticulture products for consumption on behalf of PT/CV.....................by considering Regulation of the Minister of Agriculture Number......................... and Regulation of the Minister of Trade Number.........................., we in principal can grant import recommendation of horticulture product by PT/CV.................... with the following imported horticulture products: No Name of Horticulture Product Tariff Post/HS Country of Origin Point of Entry Time of Entry (Month) 1. 2. 3. 4. 5. ... In relation thereto, You can further process the import approval according to the applicable provisions. Thank you for your attention and cooperation. Director General of Processing and Marketing of Agricultural Products, ..................................... NIP.............................. Copy to the Honorable Minister of Agriculture (as a report) ATTACHMENT II REGULATION OF THE MINISTER OF TRADE NUMBER : 86/Permentan/OT.140/8/2013 DATE : 30 August 2013 HORTICULTURE PRODUCTS THAT REQUIRE IMPORT RECOMMENDATION No TARIFF POST/HS ITEM DESCRIPTION INFORMATION 07.01 Potato, fresh or chilled 1 0701.90.00.00 - Others Potato Fresh and chilled for consumption 07.03 Onion, shallot, garlic, leek and other type of vegetables, fresh or chilled. 0703.10 - Onion and shallot: - Onion: 2 0703.10.19.00 -- Others Fresh Onion for Consumption Shallot: 3 0703.10.29.00 --- Others Fresh Shallot for Consumption 07.06 Carrot, Chinese radish, beet root for salad, salsify, celeriac, radish and other edible roots, fresh or chilled. 0706.10 - Carrot and Chinese radish: 4 0706.10.10.00 -- Carrot 07.09 Other pod vegetables, fresh or chilled. 0709.60 - Fruit of genus Capsicum or of genus Pimenta: 5 0709.60.10.00 --Chili, (fruit of genus Capsicum) 07.10 Vegetables (raw or cooked by steaming or poached), frozen. 6 0710.10.00.00 - Potato 08.03 Banana, including banana not fit for direct consumption as fresh fruit or dried. 7 0803.10.00.00 - Banana not fit for direct consumption as fresh fruit 8 0803.90.00.00 - Others Banana for Consumption 08.04 Date, fig, pineapple, avocado, rose apple, mango and mangosteen, fresh or dried. 9 0804.30.00.00 - Pineapple 0804.50 - Rose apple, mango and mangosteen: 10 0804.50.20.00 -- Mango 08.05 Orange, fresh or dried. No TARIFF POST/HS ITEM DESCRIPTION INFORMATION 0805.10 - Orange: 11 0805.10.10.00 -- Fresh 12 0805.20.00.00 - Mandarin (including tangerine and satsuma); Clementine, wilking and similar hybrid orange 13 0805.40.00.00 - Grapefruit, including pomelo 0805.50.00.00 - Lemon (citrus lemon, citrus limonum) and lime (citrus aurantifolia, citrus latifolia) 14 0805.50.00.00 - Lemon (citrus lemon, citrus limonum) and lime (citrus aurrantifolia, citrus latifolia) 15 0805.90.00.00 - Others 08.06 Grape, fresh or dried. 16 0806.10.00.00 - Fresh 08.07 Melon (including watermelon) and papaya, fresh. Melon (including watermelon): 17 Ex 0807.19.00.00 -- Others Melon 0807.20 - Papaya: 18 0807.20.10.00 -- Mardi backcross solo (betik solo) 19 0807.20.90.00 -- Others 08.08 Apple, pear and quince, fresh 20 0808.10.00.00 - Apple 08.10 Other fruit, fresh. 21 0810.60.00.00 - Durian 0810.90 - Others: 22 0810.90.10.00 -- Longan (including cat’s eye fruit) Fruit of genus Capsicum or of genus Pimenta: 20.01 Vegetables, fruits, nuts and other plant part that can be consumed, processed or preserved using vinegar. 2001.90 - Others: 23 2001.90.10.00 -- Onion Shallot, Onion Chutney 20.04 Other vegetables that are processed or preserved using vinegar or acetic acid, frozen, other than products from post 20.06 24 2004.10.00.00 - Potato Frozen sliced potato 20.05 Other vegetables that are processed or preserved using vinegar or acetic acid, not frozen, other than products from the post 20.06 2005.20 - Potato: Slices and chunks: No TARIFF POST/HS ITEM DESCRIPTION INFORMATION 25 2005.20.11.00 -- In vacuum packaging 26 2005.20.19.00 --- Others 20.07 Jam, fruit jelly, marmalade, fruit or nut puree and paste, derived from cooking, contain added sugar or other sweetener or not. Others: 27 2007.91.00.00 -- Citrus fruit 20.08 Fruits, nuts and other part of plant that can be consumed, processed or preserved, containing sugar or other sweetener or alcohol or not, not specified or include in other post. 28 2008.20.00.00 - Pineapple 2008.30 - Citrus fruit: 29 2008.30.10.00 -- Contain added sugar or other sweetener or alcohol 2008.99 -- Others: 30 2008.99.20.00 --- Longan 20.09 Fruit juice (including grape must) and vegetable juice, non fermented and not containing additional alcohol, containing sugar or other sweetener or not. Orange juice: 31 2009.29.00.00 -- Others Other citrus fruit juice: 32 2009.39.00.00 -- Others Pineapple juice: 33 2009.41.00.00 -- With Brix value not exceeding 20 34 2009.69.00.00 -- Others: Apple juice: 35 2009.71.00.00 -- With Brix value not exceeding 20 36 2009.79.00.00 -- Others Juice from one type of fruit or other vegetable: 2009.89 -- Others: 37 Ex. 2009.89.99.00 ---- Others Beverage from mango fruit essence 2009.90 - Juice mixture: 38 Ex. 2009.90.90.00 -- Others Beverage from Mixed Fruit Essence (grape, rose apple, pineapple, papaya, mango, peach, passion, apple, pear) 21.03 Sauce and its derivative; spice mixture No TARIFF POST/HS ITEM DESCRIPTION INFORMATION and flavoring ingredient mixture; mustard flour and mustard meal as well as processed mustard. 2103.90 - Others: 39 2103.90.10.00 -- Chili sauce MINISTER OF AGRICULTURE, SUSWONO