Regulation of the Trade Minister No. 26/M-DAG/PER/6/2009 on amendment to Regulation of the Trade Minister No. 58/M-DAG/PER/12/2008 on the import of non hazardous and toxic (NON-B3) wastes

15A AMENDMENT TO REGULATION OF THE TRADE MINISTER NO. 58/M...DAG/PER/12/2008 ON THE IMPORT OF NON HAZARDOUS AND TOXIC (NON..B3) WASTES (Regulation of the Trade Minister No. 26{M-DAGfPER{6{2009 dated June 23, 2009) BYTHE GRACE OF GOD ALMIGHTY THETRADE MlNISJER OFTHE REPUBUC OF INDONESIA, Considering: a. that Inaneffort to ensure effectiveandefficient imple mentation of a )X)liCV on the importation of non hazard ousandtoxic(non-B3) waste, it is necessary to review theperlodof time to conduct technical verificationor Inspection of non-53 waste imports as referred to In sequence numbers 6 to 63 In AttachmentI to Regula tionof the Trade Minister No.SB/M-DAGJPER/12J2008; b. that in consideration of the matter in letter a, it is nec essary tostipulate a Regulation of the Trade Minister; In viewof: 1. Trade OrdinancE! of 1934 (statute Bookof 1938No. 86); 2. Law No.5/1984on Industrial Affalrs(Statute Book of 1984No. 22, Supplementto Statute Book No. 3274); 75,Supplement to Statute BookNo. 3612)as hasbeen amended by law No. 17/2006 (BN No. (statute Book of 2006 No. 93, Supplement toStatute Book No. 4661); 5. Law No. 23/1997 (BN No. 6092pages ,t9A-2JA and$0 on) on Environmental Management (Stat ute Bookof 1997 No. 68, Supplement to Statute Book No. 3699); 6. Government Regulation No.t8/1999 (BNNo. 6427 pages JA-SA and so on) on the Management of Hazardous andToxic Waste(Statute Bookof 1999No. 31,Supplementto statute Book No. 3815)as has been amerded by Govemment Regutation No. 85/1999 (BN No. 644,tpages2A-&4) (Statute Bookof1999No. 190, SUPPlement to Statute Book No. 3910); 7. Presidential Decree No. 260/1967 on theAffinnation ofTasks and Responsibilities of the Trade Minister in the foreign Trade sector; 8. Presidential Decree No. 61/1993 on the Ratification of 3. law No. 7/1994 on the Ratification ofAgreement E&- Basel Convention on The Control of Transboundary tabUshing The World Trade Organlzation (statute Book Movements of Hazardous Wastes and Their DispoSal of 1994 No. ~, Supplement toStatute Book No. 3564); (Statute Book of 1993 No. 62); 4. Law No.10/199S {BNNo.58J2pages~9A ..2OAand 9. Presidential Decree No.187/M/2004 (BNNo. 7,t28 .,1»1)on CUStoms AffaIrs (statute Book of 1995 No. pages 30A"3Vjj on the Formation ot United Business News 7832/7-6-2009 Indonesia·· .. Indonesiacabinetashas been several timesamended the IatPsI: by Presidential Decree No. 171/MTahun 2005; 10. Presidential Regulation No. 9/2005 (BN No. 7:182 pages2A-Z3A) on the Position, Task, Function, Or ganizational Structure andWorkMechanism of Minis tries of the Republic rI IndonesJa as has been several times amended the latest by Presidential Regulation No.ZO/ZOO8; 11. Presidential Regulation No. 1Cl/2005 nn th~ Ofg.:tnl7a tional Unit andTaskof First Echelon Officials of Minis tries of the Republic of Indonesiaashas beenseveral times amended the latest by Presidential Regulation No.21/2008; 12. Decree of the Industry and Trade Minister No. 229/ MPP/Kep/Jll~1 (BN NO. 1itl32pages SA-TA) on GeneraJ Provisions inthe Import Sector; 13. Decree of the Industry andTrade Minister No.520/ MPP/Kep/8/2003 on Banon the Import of Hazardous andToxic wastes (63); 14. Regulation of the Trade MinisterNo. 01jM-DAG/PER/ 3/2005 on the Organizational Structure and Work Mechanism of the TIaC1e Ministry ashasbeenseverel timesamended the latest by RegUlation of the Trade Minister No. 34/M-DAGjPER/Sj2007; 15. Regwation of the Trade MinisterNo. 31jM-DAG/PERj Business News 7832/7-6-2009 7/2001 {BNNo. 7587pages23A-32A)on Importer's Identffk:ation Number(API); 16. Regulation of the TradeMinisterNo.58/M-DAGjPERj 12/2008 (BN No. 7762pages 4A-l:I.Aj on Provi sions on the Import ofNon-Hazardous andToxic (Non B3)Wastes; DECIDES: To stipulatP = REGULATION OFTHETRADE MINISTER ON AMENDMENT 10 REGULATION OFTHETRADE MINImR NO. 58/M~DAG/ PER/12/2OO8 ON THE IMPORT OF NON HAZARDOUS AND TOXIC (NON-53) WA51"ES ArtideI Provibions in ArU(.1e 8 paTClgrClph (5) cllld pare graph (9) of Regulation of the Trade MinisterNo. 58jM DAGjPER/12/2008 on the Import of Non-HazardoUs and Toxic(Non83) Wastes Shall be amended so that Article 8 reads as follows: Article 8 (1) Any import of non-B3 wastesby IP of non-B3 wastes shall be SUbjectto technical verification or inspection inthe countryof loading prior to 3hipment. (2) Thetechnical verificationor Inspection as referredto in paragraph (1) shall be conducted by the surveyors fuJfilUng technical qualifications set by the Minister. (3) The .•... (3) The scope of the technical verif'kationor inspection as referred to in paragraph (1) shall cover: a. correct and dear identities (names and addresses) of the importer and exporter; b. numberand date ofacknowledgementas IPofnon B3wostes; c. amount./voiumeor \Neight, types and specifications as well as headings of imported non-B3 wastes; d. infolT11ation onthe time and the exporting counby/ portof loadingimported 11CH1"'B3 wastes; e. infolT11ation on the placeor port ofdestination/un loading Imported non-B3wastes; f. information that imported non B3 wastes are not B3wastes; and g. other Infonnatlon considered necessary. (4) The technical verification or inspection as referred to in paragraph (1) particularly for non-B3 wastes under sequence numbers 1 to 5 In Attachment I to this Ministerial Regulation shall be conducted by PT. Surveyor Indonesia (PT. SI) and PT. Su perlntendlng Company of Indonesia (PT SUCOFINDO) or other surveyors that meet tech nical qualifications and conduct technical verifi cation or inspection in accordance with the scope as referred to In paragraph (3). Business News 7832f7-6-2009 17A (5) The technical verification or Inspection as referred to in paragraph (1) for the import of non-B3 wastes under sequencenumbers 6 to 63 in Attachment to this Ministerial Regulation can be conducted by thesurvey orsthat havebeen appointed by the relevant IPof non 83wastes until5eptember 24, 2009 and conduct tech nical verifICation or in£;pec:l:ion in accordance with the scope as referred to in paragraph (3). (6) The results of technical verification or Inspectfonbased on the scope as referred to in paragraph (3) shall be contained in a surveyor's report(LS) to be used as a supplement to customs documents in the customs settleinent In the import~r (7) The surveyors must be responsible for the resultsof technical verifICation or Inspection as referred to in paragraph (6). (8) Ifthe Imported non-B3wastes proveto beB3wastes as referred to in Article 6 p<lragraph (1) letter b based on the results of technical vertfication or inspection conducted bythesurveyors asreferred to in paragraph (5), the reexport ofthe said wastes shanbecome the responsibility of the relevant IP of non-B3wastes. (9) After September 24,2009, technical veriflcatlon or inspection of imported non-B3 wastes under se quence numbers 6 to 63 in Attachment I to this Min isterial Regulation shall be conducted by the survey ors appointed by the Minister as referred to In para graph (2). (10) N0n=B3 ..... 18A (10) Non-B3 wastes inbulk shall betransshippedin atransit portand subject to repeattechnical veriftcation or inspection at the time-non-B3 wastes are to be reloaded onto the ship. (11) The surveyors shall collect recompenses from importers for the technical verification or inspection as re ferred to in paragraph (1) and paragraph (10) and the amount of recompenses shall be set under the principles of benefit. (12) 'The surveyors as referred to In paragrnph (2) shaJl submit monthly reports on their techniCiliI verifiCilition or inspec tion to the Director General. ArticleD ThIS MlnlStenal RegulatIOn shall come Into rorce as rrom the date ofstlpulaUOO. For publiC cogniZance, tt1is Ministertal RegulaUOn shall be announced bYpladng It in the state Gazette Ofthe Republic dlndonesia. stipulated InJakarta onJune23, 2009 1HE1RADE~ sgd. MARl El.KA PANGESTU ===(5 )=== Business News 7832/7-6-2009