Regulation of the Minister of Industry of the Republic of Indonesia No. 33/M-IND/PER/4/2007 on prohibition from producing ozone depleting substances and from producing materials that use ozone depleting substances

PROHIBITION FROM PRODUCING OZONE DEpLETING SUBSTANCES AND FROM PRODUCING MATERIALS THAT USE OZONE DEPLETING SUBSTANCES (Regulation of the Minister of Industry of the Republic of Indonesia No. 33/M-IND/PER/4/2007 dated April 17, 2007) THE MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA, Considering: a. that, in accordance with Vienna Convention and Montreal Protocol, Indonesia's obligation to prohibit the useof ozone depleting substances can be carried out gradually until a spectned time limit; b. that, main activities of small and medium industries still require ozone depleting substances for process of production for refrigeration andfoamand its maintenance, so it is necessary to replace andrevoke Decree of the Minister of IndustryandTrade No. 110/MPP/Kep/l/1998 (BN No. 6145pages 12A-15A) on Prohibition from Producing and Trading Ozone Depleting Substances and From Trading 070n" nPfllpting SlIh<t"nrp< and frnm Producing and Trading New Materials that Use Ozone Depleting Substances as already amended several times and latest by Decree of the Minister of Industry and Trade No. 790/MPP/KEP/12/2002, and to re stipulate its provtstons; c. that, with regard to the conslderatlons as referred to in lettersa and b, it is necessary to issue RegUlation of the Minister of Industry; Business News 7536-7537/7-18-2007 Inview .. " .. In view of: 1. law No. 5/1984 on Industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 32/4); 2. Government Regulation No. 17/1986on Authority for Regulating, Development, and Enhancement of Industries (Statute Bookof 1986No. 23, Supplement to Statute Book No. 3330); 3. Government Regulation No. 74/2001 on Treatment of Hazardous and Toxic Materials (Statute Book of 2001 No.138,Supplement to Statute BookNo.4153); 4. Presidential Decree No. 23/1992 on Ratification of ViennaConventionfor Protection of the OzoneLayer and Montreal Protocol on Substances that Deplete the OzoneLayer as Adjusted and Amended by the Second Meetingof the Parties, London, June 27-29, 1990 (Statute Book of 1992 No. 50); 5. Presidential Decree No. 92/1998 on Ratification of Montreal Protocol on 5ub~t;mces that Deplete the Ozone Layer, COpenhagen, 1992 (Statute Book of 1998 No. 105); 6. Presidenti;llDecreeNo. 187/M/2004 (BN No. 7128 pages30A-31A) on Establishmentof United Indo nesiacabinet asalready amended several limes <llld latest by Presidential Decree No. 20/P/2005: 7. Presidential Regulation No. 9/2005 (BN No. 7182 pages 2A-23Aj on Positions, Duties, Functions, Or!janization Structures, and Work Procedures of State Ministries of the Republic of Indonesia as already amended several times and latest by Presi dential RegulationNo. 94/2006; 8. Presidential RegulationNo. 10/2005 on Organization Units and Duties of Echeluns I of Stote Mini5tries of the Republic of Indonesia as already amended several times and latest by Presidential Regulation No. 91/2006; 9. Presidential Regulation No. 33/2005 on Ratification of Beijing Amendment to the Montreal Protocol on Business News 7536·7531{ 1-16-l007 lOA Substances that Deplete the Ozone Layer (Statute Book of 2005 No. 37); 10.Presidential Regulation No. 46/2005 (liN No. 7262 pages23A·24A) on Ratification of Montreal Amend ment to the Montreal Protocol on Substances that Depletedthe OzoneLayer (Statute Bookof 2005 No. 59): 1l.Regulation of the Minister of Industry No.01/M-IND/ PER/3/JOOS 00 Organi,atioo and Work Procedureof the Ministry of Industry; 12.Regulatiooof the Minister of Trade of the Republic of Indonesia No. l4/M-DAG/PER/6/2006 (BN No. 7400 pages 27A-30A and so on) on Rules on Import of uzone lJepleting Substances; Observing: Letter of State Minister of Environment No. B-4934/Dep.III/lH/08/2006 dated August 7, 2006 on Revision of Decreeof the Minister of Industry and Trade No. 790/MPP/Kep/12/2002. DECIDES: To stipulate: REGULATION OF THE MINISTER OF INDUSTRY ON PROIlIDmoN FROM PRODUCING OZONE DEPLETINC:; SUBSTANCES AND FROM PRODUCING MATERIALS THAT USE OZONE DEPLETING SUBSTANCES. Article 1 In this Regulation: 1. OzoneDepleting Substances refer to chemicalcom poundspotential to have reaction to ozonemolecules in the stratosphere as specified in Attachment I to this Regulation. 2. Material~ r",f",r to products that use ozone depleting substances. 3. Industrial company refers to company operating activities in industrial businesses and can be in form of individual person, business entity, or legal entity established arld oomicneo to Indone~'a. Article 2 . . . , , Article 2 Ozone depleting substances as referred to in Article 1 paragraph 1 may not be produced. Article 3 Ozone depleting substances as referred to in Article 1 paragraph 1 may not be used in production of air conditioner used in rooms and motor vehicles; refrigerators in the homes; and fire extinauishers. Article 4 Ozone depleting substances as referred to in Article 1 paragraph lore allowed to be used in produc tion of foam, refrigerators, and aerosol until June 30, 2008. Article 5 Ozone depleting substances as referred to in Article 1 paragraph 1; starting from july 1, 2008, may only be used for maintenance of materials. Article 6 (l)CFC and Halon as referred to in Article 1 paragraph 1 can be recycled. (2)Output of reCycle as referred to in paragraph (1') can only be used for maintenance of materials which operation still uses CFC or Halon. Article 7 (1)Materials that do not use CFCare obligated to use logo as spedfled in Attachment II to this RegUlation. (2)Materials that do not use Halon and CFC for fire I;'\ltinglli~hpr ;m~ flhligilt"d tn II~P lngn as ~pPcifipd in Attachment III to this Regulation. Article B (1) Supervision into the implementation of this Regula tion shall be carried out by the Directorate Generals within the Ministry of Industry in Coordination with related institutions in accordance with their duties and functions. (2) Procedureof supervision as referred to in paragraph (1) shall be further regulated by each Directorate Business News7536-753717-18-2007 llA General in accordance with their duties and functions. Article 9 Industrial companies that violate the provisions of this Regulation shall be imposed with administrative sanctions in form of revocation of Industrial Business License (lUI) or Certificate of Registration of Industry (TDI) and or other sanctions in accordance with laws and regulations in force. Article 10 Technical matters that are not yet provided in this Regulation will be further stipulated by the Director Generals Within the Ministry ofIndustry in accordance with their duties and functions. Article 11 With this Regulation coming into force, Decree of the Minister of Industry and Trade No. 110/MPP/Kepl 1/1998 on Prohibition from Producingand Trading Ozone Depleting Substances and from Producing and Trading New Materials that use Ozone Depleting Substancesas already amended several times and latest by Decree of the Minister of Industry and Trade No. 790/MPP/Kep/ 1212002, as long as they are not ruling about industry, shall be revoked and declared null and void. This Regulation comes into force as from the date-It is stipulated. For public cognizance, this Regulation is promulgated by placing it in the State Gazette of the Republtc of Indonesia. Stipulated in Jakarta On April 17, 2007 THE MINISTER01' INDUSTRY OF THE REPUBLIC OF INDONESIA Sgd FAHMI IDRIS Editor's Note: Attachments are not available. ===(E)===