Regulation of the Agriculture Minister No. 11/Permentan/OT.140/2/2009 on requirements and procedures of taking plant quarantine actions against the release and entry of quarantine plant intruder organism carriers from one area to another within the territory of the Republic of Indonesia

7A THE REQUIREMENTS AND PROCEDURES OF TAKING PLANT QUARANTINE ACTIONS AGAINST THE RELEASE AND ENTRY OF QUARANTINE PLANT INTRUDER ORGANISM CARRIERS FROM ONE AREA TO ANOTHER WITHIN THE TERRITORY OF THE REPUBLIC OF INDONESIA (Regulation of the Agriculture Minister No. 11/Permentan/OT.140/2/2009 dated February 9, 2009) In view of :BY TI-iE GRACE OFGOD ALMIGHTY TI-iE AGRICULTURE MINISTER, 1. LawNo.5/1990pages on the Conservation of Biologi cal Natural Resources and Their Ecosystem (Statute COnsidering: Bookof1990No.49, Supplement to StatuteBook No. a. that the geographicalcondition of the territory of the 3419); Republic of Indonesiamade upof thousands of islands 2. Law No. 12/1992 (BNNo. 5267pages lA-4A and separatedby the seaposesa natural hindranceto the so on) on PlantCultivation system (Statute Bookof spread of quarantineplant intruder organismfrom one 1992No.46, Supplementto Statute BookNo.3478); areato another; 3. LawNo. 16/1992 (BNNo.5300pages17A-19Aand b. that the high mobility of humansand goodswithin the so on) on Animal, Fish and PlantQuarantine (Statute territory of the Republic of Indonesia may create a Bookof 1992NO. 56, Supplementto Statute BookN. chance for the spreadof quarantine plant intruder or- 3482); ganismfrom one area to another; 4. Law NO. 7/1994 on the Ratlflcatron of Agreement on c. that areas which are free from various types of the Establishment of the World Trade Organization quarantine plant intruder organism in the terri- (Statute Bookof 1994 No.57, Supplement to Statute tory of the Republic of Indonesia need to be pre- BookNo.3564); served; 5. GovernmentRegulation No. 6/1995 on Plant Protec d. that in consideration of the above matters and as a tion(Statute Bookof 1995No. 12,Supplement to Stat follow up to Article 38 of Government Regulation No. ute BookNo.3586); 14/2002on PlantQuarantine, it is deemed necessary 6. Government Regulation No.44/1995onPlantseedling to stipulatethe requirements and procedures of taking (Statute Bookof 1995No.85, Supplement to Statute the act of plant quarantineagainstthe release and en- BookNo.3616); try of quarantine plant intruder orqantsrn carrier from 7. Government Regulation No.14/2002on Plant Quaran one areato anotherwithin the territory of the Republic tine (StatuteBookof 2002No,35, Supplement to Stat of Indonesia; ute BookNo.4196); Business News7858/9-11-2009 8. Presidential ....• 8. Presidential Decree No. 187/M/2004 (BN No. 7:128 pages 29A-30A) on the Formation of United Indo nesia Cabinet; 9. Presidential Regulation No. 9/2005 on the Position, Task, Function, Organizational Structure and Work Mechanism of Ministries of the Republic of Indonesia adj. Presidential Regulation No.65/2005; 10. Presidential Regulation No. 10/2005on the Organiza tional UnitandTask of FirstEchelon Officials of Minis tries of the Republic of Indonesia; 11. Decree of theAgriculture MinisterNo. 469/Kpts/HK.310/ 8/2001 onthe Release andEnby Points of Quarantine PlantIntruder Organism carriers; 12. Regulation of the Agriculture MinisterNo. 299/Kpts/ OT.140/7/2005 on the Organizational Structure and WorkMechanism of the Agriculture Ministry adj. Regu lation of the Agriculture MinisterNo. l1/Permentan/ 0T.140/2/2007; 13. Regulation of the Agriculture MinisterNo. 341/Kptsl OT.140/9/2005 on Supplement to the OrganizaUonal Structure andWorkMechanism of the Agriculture Min istry adj. Regulation of the Agriculture Minister No. 12/ Permentan/OT.140/2/2007; 14. Decree of the Agriculture Minister No. 8/Kpts/HK.060/ 1/2006 ontheTypes of Quarantine PlantIntruder Or ganism ofGroup I of categories Al andA2, Group IIof categories A1 and A2, Host Plant, carrier and Geo graphical Distribution; 15. Regulation of the Agriculture Minister No. 271/ Kpts/HK.310/4/2006 (BN No. 7402pages8A :13A) on the Terms and Procedures of Taking Quarantine Measures on Certain Plants by Third Parties; Business News 7858/9-11-2009 SA 16. Regulation of the Agriculture Minister No. 05/ Permentan/HK.06O/3/2006 (BNNo. 7428pages:14A 17A) on the Terms and Procedures of Determining Quarantine Installation of Plants Owned by Individuals or Corporate Bodies; 17. Regulation of the Agriculture Minister No. 18/ Permentan/OT.140/5/2006 (BNNL 7400pages2A 7A) on the Execution of PlantQuarantine Action Out sideRelease andEntryPoints; 18. Regulation of the Agriculture Minister No. 52/ Permentan/OT.140/l0/2006 ontheTerms of Additional Plant Quarantine; 19. Decree of theAgriculture Minister No. S08/Kpts/PD.5201 8/2004on the Classification of OPTK carrier Media; 20. Regulation of the Agriculture Minister No. 221 Permentan/OT.140/4/2008 onthe Organizational Struc ture andWorkMechanism of the Technical Unitof Ag ricultural Quarantine; Observing: 1. TheInternational Standards for Phytosanitary Measures (ISPM) No.4 (1995): Requirement for the Establish ment of Pest Fee Areas; 2. TheInternational Standards for Phytosanitary Measures (ISPM) No. 22 (2005): Requirement for the Establish mentof Areas of Low Pest Prevalence; DECIDES: Tostipulate : REGULATION OFTHEAGRICULTURE MINISTER ON WE REQUIREMENTS AND PROCEDURES OFTAKING PLANT QUARANTINE ACTIONS AGAINST THE RELEASE AND ENTRy ....• ENTRY OFQUARANTINE PlANTINTRUDER ORGANISM CAR RIERS FROM ONE AREA TOANOTHER WITHIN THE TER RITORY OFTHE REPUBliCOF INDONESIA Q;APTERI GENERAl PROVISIONS Article1 Referred to in this Regulation as : 1. Plant quarantine isthe acttakenaspartof theeffort to preventthe entryand spread of plant intruderorgan ismfrom abroadaswell as from one areato another at home or its exit from the territory of the Republic of Indonesia. 2. Plant intruder organism, hereinafter referred toasOPT, isall kinds of organism which candamage, disturbthe lifeof and/or cause the deathof plants. 3. Quarantine plant intruder organism, hereinafter re ferred to as OPll<, is all kinds of OPT set by the Minis ter to prevent it from entering into and spreading in the territory of the Republic of Indonesia. 4. Important plant introducerorganism, hereinafterre ferred to as OPTP, is OPT other than OPTK, whose presence in mobilized plant seeds may havean eco nomic detrimental impactonthe aimof using the plant seeds andissetbythe Minister to take the actof plant quarantine. 5. OPTK of group I is OPTK that cannot be freed from carrierbythe act of treatment. 6. OPT\( of group II isOPTK that can be freed from car rier by the act of treatment. 7. OPTK and/or OnP carrier, hereinafter referred to as carrier, is plantsand their parts and/or other objects that maycarryOPTK and/or OPTP. Business News 7858/9-11-2009 9A 8. Plants areall types of plants ina stateof beIng alive or dead,either not processed or processed. 9. Other articles are among others biological con troller, cultivated organism, soil, compost, or ganic fertilizer or other plant growing meansand vector. 10. Theact of plantquarantine, hereinafter referred to as the act of quarantine, is the act takenby plantquar antine officers in the form of examination, isolation, observation, treatment, detention, rejection, destruc tion and/or freeingfrom carrier. 11. Risk analysis of plant intruder organism, hereinafter referred to as AROPT, is a process of declaring that OPTisOPTK or OPTP andof determining the requlre mentandappropriate actof quarantine to prevent the entry andspread of OPT. 12. Transport means of carrierisall land, seaandair trans port means used to transport carrier. 13. Entry or release point is a sea port, river port, ferry POrt, airport, postoffice,andother places considered necessary by the Agriculture Minister to enterand/or release carrier. 14. Parcel is cargoe or mailedparcel to be sentfromone areato anotherwithin the territory of the Republic of Indonesia. 15. Hand luggage is goodsother than parcel carried di rectly by its owner to be sent from one place to an otherwithin the territory of the Republic of Indonesia in the form of amongothershand-carried goods and/ or baggage. 16. Plantquarantine Installation, hereinafter referred to as quarantine installation, is a place andall its facili ties used to take the act of quarantine. 17. Area . lOA 17. Area isanarea in an island or a groupof islands within the territoryof the Republic of Indonesia linked to the effort to preventthe spread of plant intruder organ ism. 18. Area of origin isanareafrom whichcarrieroriginates and/or anarea in whichcarriergets its healthstatus. 19. Transport means of carrier Isall land,sea andair trans portmeans used to transportcarrier. 20. Onwer of carrier, hereinafter referred to as owner, is a person or corporate bodythat possesses carrierand/ or is held responsible for the entry or transit of carrier. 21. Plant quarantine officer isa functionaloffidal control ling plant intruder organism and worlc:ing for a plant quarantine agency. 22. certificate of plant health is a statement madeby a plant quarantine officercertifyingthat plantsor parts ofplantcontained therein arefree fromomandhave met the given plant quarantinerequirements and/or other information needed. 23. Epidemic or explosion isa sudden OPT attackin which the population grows veryrapidlyand spread qUickly. 24. High risk area is an areathat hasstrong potential to become a source of OPT spread. Article2 (l) Thisregulation isdesigned to layabasis for plantquar antine officers to take the act of quarantineagainst the release and entryof carrier from one place to an otherwithin the territory of the Republic of Indonesia andfor indMduals or corporate bodies to release and/ or enter carrier from one place to another within the territory of the Republic of Indonesia. Business News 7858/9-11-2009 (2) Thisregulation isaimedto preventthespread of plant intruder organism andgive certaintyabout the act of quarantine from oneplaceto anotherwithin the terri tory of the Republic of Indonesia. Article3 The scope of this regulation covers : 1. Requirements; 2. The procedure of taking the act of quarantine ag<linst the release and entry of carrier from oneplace to an other within the territory of the Republic of Indonesia; 3. Theact of quarantineagainstcarrieroriginating from abroad to be sent from one place to another; and 4. Quarantine service fees. Q-fAPTERII REQUIREMENTS Article4 (1) Any carrier carried or sent from one place to an other within the territory of the Republic of Indone sta, a. shall be equipped withaplanthealthcertificate from the area of origin for plants and parts of plants, exceptcarriersclassified asother articles; b. shall go through the specified entry and release points; and c. shall be reported and submitted to plant quaran tine officersin entryand release pointsfor the pur poseof quarantineaction. (2) The obligation as referred to in paragraph (1) shall be imposed oncarrierscarried or sent from a non-OPTK free area to an OPTK-free area. Article5· ....• ItA Article5 Anycarriercarried or sent from a non-OPTK-free areato a OPTK-free areashallmeet the requirements as referred to in Article 4 besides additional obligation. Article6 (1) The additional obligation asreferred to in Article 5 shall be imposed if a condition set based on the results of AROPT is considered to havethe potential to spread OPT. (2) The additional obligationas referred to in paragraph (1) may come in the form of ; a. technical requirements; and/or b. requirements of complete documents. (3) Provisions on technical requirements and/or require mentsof complete documents asreferred to in para graph(2) areto bestipulated bythe Head of the Agri culture Quarantine Agency. Article7 (1) AROPT as referred to in Article 6 paragraph (1) against the release andentryof carriershall be taken by plant quarantine orncers andIts results shall be valIdated by the Head of the Agriculture Quarantine Board based on a recommendation from the AROPTTeam. (2) TheAROPTTeam asreferred to in paragraph (1) shall be set up by the Head of the Agriculture Quarantine Board. Business News 7858/9·11-2009 Cl-iAPTER III THE PROCEDURE OF TAKING QUARANTINE ACTION AGAINSTTHE RELEASE AND ENTRY OF CARRIER FROM ONE AREA TOANOTHER WffiiIN THE TERRITORY OF THE REPUBLIC OF INDONESIA PartOne General Article 8 (1) Based on the report as referred to in Article 4 para graph (1) letter c, the Head of the AgticultureQuaran tineTechnical Unitshall assign inwritingplantquaran trneofficers to take the act of quarantine. (2) Theact of quarantine as referred to in paragraph (1) shallcover the actsof inspection, isolation, observa tion,detention, rejection, treatment, destruction and/ or freeing. Article9 (1) Plant quarantine officers as referred to in Article 8 paragraph (1) shall conduct inspection. (2) The inspection as referred to in paragraph (1) shall come intheformof administrative inspection and health InspectIon. Article 10 (1) Theadministrative inspection asreferred to in Article 9 paragraph (2) is conducted to knowthe complete ness, validityandtruth of required documents. (2) The ..... 12A (2) The health inspection as referred to in Article 9 para graph (2) is designed to detect and identify OPT!< in carrier. (3) The health inspection as referred to in paragraph (2) shall be conducted on a visual and laboratory basis. Article 11 (1) If after the administrative inspection as referred to in Article 10 paragraph (1) has been conducted it turns out that : a. it is not carrier, no act of quarantine will be taken; b. it is carrier whose entry is subject to the act of isolation and observation, the act of isolation and observation will be tak.en; c. it is a type of carrier banned from being sent from one area to another, the act of rejection will be taken. (2) If after the act of health inspection as referred to in Article 10 paragraph (2) has been taken, it turns out that the carrier: a. is not free from OPT!< of group II, the act of treat mentwill betaken; b. is not free from OPTI< of group I, decayed or demaged, the act of rejection will be taken; c. is free from OPTK, the act of freeing will be taken. Article 12 (1) The act of isolation and observation as referred to in Article 11 paragraph (1) letter b is taken against the carrier by putting it in an isolated location so that if OPTK is found it will not spread to the nearby environ ment. Business News 7858/9-11-2009 (2) The act of isolation and observation as referred to in paragraph (1) shall betaken in a certain period oftime to detect the possihility of OPTK which bac.ause of its characters longer time, facility and special condition will be needed. (3) The special condition as referred to in paragraph (2) includes temperature, climate and height of place from sea level. Article 13 If after the act of isolation and observation as re ferred to in Article 12 has been taken, it turns out that the carrier: a. is not free from OPTK of group I, decayed and/or dam aged, the act of rejection will be taken; b. is not from from OPTl< of group II, the act of treatment will betaken; or c. is free from OPTK or after the act of treatment has been taken it is free from OPTK of group II, the act of freeing will be taken. Article 14 (1) The act of treatment as referred to in Article 8 para graph (2) is taken to free carrier from om of group II. (2) The act of treatment as referred to in paragraph (1) can be taken physically and/or chemically. (3) If after the act of treatment as referred to in para graph (1) has been taken the carrier can be freed from OPTK of group II, the act offreeing will be taken. (4) If after the act of treatment as referred to in para graph (1) carrier cannot be freed from OPTK of group II, theactof rejection will be taken. Article 15..... " .... Article 15 Theact of rejection asreferred to in Article8 para graph (2) shallbe taken againstcarrier which: a. doesnot meet the additional obligation as referred to in Article 5; b. is not free from OPTK of group I, decayed or dam aged; c. is the types of carrier banned from being sent from one area to another; or d. cannotbefreed from OPTK of group II after the act of treatment hasbeen taken. Article 16 (1) If carrier is subject to the actof rejection as referred to in Article 15 and has not been taken out from the release or entry point within a periodof no more than 14(fourteen) daysafter the owner hasreceived a let ter of rejection, the act of destruction shall be taken. (2) The act of destructionas referred to in paragraph(1) canbe taken byburying,burning,destroying carrieror other waysso that it can no longer becomea source ofOPTK. Article 17 The act of freeing as referred to in ArtIde 8 para graph(2) shall be taken againstcarrierwhichis notbanned from beingsent from onearea to another,meetsthe obli gation as referred to in Article 4 and is free from OPTK. PartTwo The Act of Quarantineagainst the Release of carrier from OneAreato Another within the Territory of the RepubliC OfIndonesia Article 18 (1) The act of quarantine as referred to in Article 18 Business News7858/9-11-2009 13A paragraph (2) shall be taken beforecarrier is loaded onto the transport means that will carry it to other area. (2) The act of quarantine as referred to in paragraph (1) canbe taken inor outsidethe release point in thequar antine Installationor other placeoutside the quaran tine installation. (3) The act of quarantine taken outside the release point as referredto in paragraph (2) is to beprovidedfor in a separate regulation. Article 19 Theact of rejection as referred to in Article 15 can come in the form of a ban on the loadingof carrier onto a transport meansfor release to other area in the territory of the Republic of Indonesia. Article 20 The aetof freeingas referredto InArtlcle17shall be taken by issuinga cetificateof plant health. PartThree The Actof Quarantineagainstthe Entryof carrier from One Areato Another in the Territoryof-the Republic of Indonesia Article 21 (1) The act of quarantine as referred to in Article 8 paragraph (2) can be taken aboard transport means or after being unloaded from transport means. (2) If carrier has been unloaded from transport means, the act of quarantine can be taken in or outside the entry point inme quarantineinstallation or other place oUl:5ide quarantine installation. (3) The..... 14A (3) Theactof quarantine takenoutsidethe entry pointas referredto in paragraph (2) is to be provided for in a separate regulation. Artide22 (1) The act of inspection aboard transport means as re ferred to in Article21 paragraph (1) can be taken if: a. carriercomes from an epidemicarea; b. transportmeans ofcarrier oornes from anepidemic eree; c. carriercomes from or transits in a high riskarea; or d. based on considerations from a plant quarantine offICer. (2) Theconsiderations from a plant quarantineofficer as referredto in paragraph (1) letter d are based among otherson the results of AROPT. Artide23 If the results of administrative inspection as re ferred to in Article10 paragraph (1) tum out to be : a. accompanied by a certificateof plant health from the area oforigin which isvalid andoorrect, theactof freeing shallbe taken; b. accompanied by a certificateof plant health from the area of origin which is not valid and/or correct, and required document as additional obligation ls complete, valid and/or correct, the act of health inspection shall betaken; c. not accompanied by a certificateof plant health from the area of origin and required document as additional obligation iscomplete,valid and/or correct, the act of health inspection shall be taken; Business News 7858/9-11-2009 d. required documentasadditional obligation isnot com plete,correctand/orvalid,the actof detention shall be taken. Article24 (1) The act of detention as referred to in Article8 para graph (2) shall be taken if : a. the owner does not report carrier uponarrival in the entry point; b. the owner does not report carrier in the form of mailed parcel 3 (three) work days after receiving notification from a post of ficer; or c. required document as additional obligation is not oornpete. (2) Theact of detentionasreferredto in paragraph (1) is taken to safeguard carrier by sealing it and putting it under the control and supervision of a plant quaran tine officer. (3) In regard to the carrier subject to the act of detention as referred to in paragraph (1) the owner or proxy shall be given a maximum of 14 (fourteen) work days to complete required document. (4) If after the period of 14 (fourteen) work daysas re ferred to in paragraph (2) the required document is not completed or cannot ee completed, the act of re jectionshallbetaken. Article2S Ifthe act of treabnent taken against carrier aboard transportmeans is impossible, the actof rejection shall be taken. Article 26 ..... Article26 (1) The act of rejection as referred to in Article 8 para graph (2) comes in the form of a ban on the entry of carrier into an area from other area within the terri tory of the Republic of Indonesia. (2) The carrier aboard transport means and subject to the act of rejection as referred to in paragraph (1) is banned from being unloaded from the transport means. (3) Ifwithoutapproval from a plantquarantine officerthe carrierasreferred to inparagraph (2) isunloaded from transport means for a reason otherthantechnical con siderations from the plantquarantine offICer, the act of destruction shall be taken. 15A (2) Thefees on plantquarantine services asreferred to in paragraph (1) are non-taxstate revenue (PNBP) that must be paid to the state cash. (3) The amount of fees on plant quarantine services as referredto in paragraph (1) shallbe set according to the regulation and law. Article 30 Thecarrieraccompanied by a certificate of plant quarantine health from the area of originisexempted from feesonquarantineservices exceptfeeson acertificate of releasing plantquarantinein the entry point. Article27 Theactof freeingas referred to in Article8 para graph (2) shallbetaken by issuing a certificateof releas ingplantQuarantine. CHAPTER IV THEACI OF QUARANTINE AGAINSTCARRIER FROM ABROAD TOBE SENT FROM ONE AREA TOANOTHER Article28 (1) Thecarrieroriginating from abroadand alreadysub jectec to the act offreeing by a rertificate of releasing plant quarantine in the area of origin to be sent to other area is exempted from the act of quarantine if : a. its origin is known;and b. it doesnot exceed 30 daysafter the date of free Ing. (2) Thecertificate of releasing plantquarantineasreferred to in paragraph (1) is imposed to meet the require mentsof inter-area plantquarantine. a-tAPTERV FEES ON p!J\NT QUARANTINE SERVICES Article29 (1) Theowner of carrieror proxy shall pay feeson plant quarantine services. Business News 7858/9-11-2009 CHAPTERVl CONQ.USION Article 31 With the enactmentof this regulation, Decree of the Agriculture MinisterNo. 809/Kpts/LB.710/12/1985 on Domestic Plant Quarantine shall bedeclared nullandvoid. Article32 This regulation Shall comeinto force asfrom the dateof stipulation. Forpubliccognizance, this regulation shall bean nounced by placing it in the StateGazette of the Republic of Indonesia. Stipulated in Jakarta on February 9,2009 THE AGRIQJLTURE MINISTER, sgd. ANTON APRIYANTONO