Decree of the Minister of Forestry No. 85/Kpts-11/2001 RE Germination of Forest Plants

Bearing in mind To stipulate FORESTRY ============= DEPARTMENT OF FORESTRY DECREE OF THE MINISTER OF FORESTRY NO. 85/Kpts-11/2001 DATED MARCH 15, 2001 RE THE GERMINATION OF FOREST PLANTS THE MINISTER OF FORESTRY 5 a. that Government Regulation No. 44/1995 has stipulated provisions en the germination of forest plants; b. that in order to implement Government Regulation No, 44/1995, it is necessary to stipulate the Decree of the Minister of Foretry No. 673/Kpts-11/1997 on the germination of forest plants; c. that since the germination of foret plants develops, the Decree of the Minister of Foretry No. 673/Kpts-11/1997 needs to amended by a decree of the Minister of Forestry; 1. 2. 3. 4. 5. 6. 7. 8. 8. Law No. 12/1992; Law No. 16/1992; Law No. 5/1994; Law No. 22/1999; Law No. 41 /1999; Government Regulation No. 44/1995; Government regulation No. 25/2000: Presidential Decree No. 1,77/2000; Presidential Decree No. 234/M/2000 jo Presidential Decree NO. 289/M/2000; HAS DECIDED: THE DECREE OF THE MINISTER OF FORESTRY ON THE GERMINATION OF FOREST PLANTS. CHAPTER I GENERAL PROVISION Article 1 Referred to in this decree as : 1. Germination of forest plants shall be anything connected with the management of seeds of forest plants. 2. Seeds of forest plants, hereinafter called seeds, shall be plants or their part used to multiply or breed plants. CAFI 75/SEPTEMBER 18, 2001 6 3. Source of seeds shall be an upright duster of forests, both 11atural forests and timber est~fo, which is specially designated or built to produce seeds. 6. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Man'"f18iTlfHlt of seed sources shall be activities which cover searching, collection, cte-vek1pment of source of seeds, conservation and utilization of source of seeds. Mmwgers of seeds sources shall be individuals, cooperatives, state-owned enterprises, privnirn-owned enterprises and government institutions having and/or controlling their own .sourcBs of seads, and the sources of the seeds are managed properly so as to be capable of producing goods quality seeds. Provision of seeds shall be activities of searching, harvesting, sort-out and storing seeds before the sesds are used or distributed. Distribution of Seeds shall be activities of packaging, transporting, storing, distributing and ml.irketing seeds. Certifr.,ation of Seeds shall be a process of certifying seeds of forest plants after passing exam;nation, testing and supervision as well as fulfilling all requirements for distribution. Cen:ification Institutions shall be statutory bodies (cooperatives, state-owned enterprises, private-owned enterprises) already accredited by authorized institutions to execute the certification of seeds or seedings. Seed Label shall be written information attached to seeds or seeds already packed and to be distributed, which contain, among others, kind of seed, place of origin of seed, quality of seed, data on results of laboratory test as well as the end of distribution period of seed. seed Collection Zone shall be territory of or a group of territories in forests that have uniform ecological conditions (height of place, direction of elevation and climate). The territory contains a local original stand and constitutes a source of geographical seeds. Identified Seed Stand shall be a natural or plant uprights-cluster which has the average quality and is used for producing seeds with the· distribution of locations being identifiable appropriately. Selecred Seeds Stand shall be a ntural or plant upright•cluster having fenotive superior trees in the case of important characteristics (straight trees, light branch etc) and used for producing seeds. Seeds Production Area shall be a territory of selected seed stands having its quality increased through the felling of interior trees. Seed Stand shall be an upright cluster built from seeds whose provenant has been tested and whose superiority has been ascenained. Seed Farm shall be an upright cluster specially built to produce seeds. Seeds shall materials of plants which can be in the farm of seeds or saplings, such as slips of plants, ready for planting sapling, cuttings or uprooted saplings. Provision of seeds shall include the germination (plant saplings/seeds), the making out of CAFI 75/SEPTEMBER 18, 2001 7 gm wing medium, ·transfer of sprouts, maintenance and storate before being distributed and/or used. 19. Germination method shall be a seed production technique according to forms of seeds which are used, including generative germination of generative seeds and vegetative germination of vegetative seeds. 20. Seed and/or Seedling Ouafity Standards shall be requirements tor the quaJJty of seeds or seedings which must be fulfilled, such as genetic, physical and fisiological quality. 21. Minister shall be the minister tasked to handle and responsible for the fishery sector. 22. Director General shall be the director general tasked to handle and responsible for the ce:rmtnation ot forest plants. 23. Head of Agency shalt be the head of the agency tasked to handle and responsible for the forestry research and development. 24. Provincial/Regency/City Service shaJJ be service tasked to handle and responsible for the germination of forest plants. 26. Appraisal Team shall be a team consisting of professionals in the field of germination of forest pfants that are tasked to audit the feasJbiHty of sources of seeds and/or providers and distributors of seeds/seedings and/or the feasibility of seeds/seedling certification institutions. Article 2 The regulation of germination of forest plants shall aim at : a. guaranteeing the quality of seeds and seedlings of forest plants; b. ensuring the fulfillment of the need for quality se~ds in a adequate and sustainable manner; c. guaranteeing the conservation of sources of seeds and their utilization. CHAPTER II PROVISION AND DISTRIBUTION· -OF SEEDS Part One Management of seeds sources Article 3 (1, Seeds can procured through domestic production and/or imports from other countries. (2) The producrement of seeds derived from the production of seeds as meant in paragraph (1) shafl come from sources of seeds. Article 4 (1) The sources of seeds as meant in Article 3 paragraph (3} shall consist of: a. seed collection zone; b. identified seed stand; 8 c. selected seed stand, d. seed production area; e. provenant seed stand: f. seed farm. {2} The status of the sources of seeds as meant in paragraph (1) shall be stipulated: a. functionaries of forest areas, in the case of the sources of seeds being located in the forest area; b. functionaries of land plots, in the case of the sources of seeds being located outside the forest areas; (3) The sources of seeds shall be managed by managers of seed sources already stipulated in &Cf'.Crdance with the authority as meant in paragraph (2). C4t The managers of seed sources as meant in paragraph (3) can be individuals, statutory bodie.,~ (state,owned enter,prises/BUMN, private-owned enterprises/BUMS, cooperatives) nr go~,emrnent institutions. · !5) ThP. managers of seed sources as meant in paragraph (4> shall be entitled to execute the foOowing activities; u. searching; b. collection: c. development of seed sources; d. conservation and utilization of seed sources. (6) The Director General shall further regulate criteria, standards and procedures for the management of seed sources. (1) (2) (3) (4) Part Two Providers and Distributed of Seeds Artide 5 Providers and distributors of seed sources can be individuals, statutory bodies (State•• owned enterprises/BUMN, private-owned enterprises/BUMS, cooperatives> and government institutions operating in the germination field. Regency/city service shall stipurate registered providers and distributors on the basis of results of recommendations executed by Forest Plant Germination Centers. The providers and distributors of seeds as meant in paragraph (2) shall be entitled to execute the following activities : a. searching; e. b, harvesting; f. c. collection; g. d. son-out; h. storage of seeds; packaging; transporting; distribution and marketing of seeds. The Director General shaH further stipulate criteria, standards and procedures for becoming the registered providers and distributors. Artiele 8 CAFI 15/SEPTEMBER 18, 2001 9 {1) Yhe p,ocurement of seeds through imports from other coutries shall be done; a. in the framework of fulfilling the domestic need for seeds; I>. because the seeds cannot be produced in the country yet; c. in the interest of research and development of forest plants. (2) The imported seeds shall fulfill the following provisions: a. having good quality seeds which are accompanied by certificates of origin; b. having certificates of quality from countries of origin; c. having certificates of phytosanitary which are issued by the authorized party. Article 7 ( 1) imports of seeds to the territory of the Republic of Indonesia shall be done providers and distributors of seeds already stipulated by the authorized institution. (.2) The knports shall be realized if import licenses have been obtained from the authorized insv.itution. C.H the import licenses as meant in paragraph (2) shall be issued by : a. the Diretor General, in the case of import license to develop of timber estate; b. the Head of Agency, in the case of import licenses to undertake of forest research and development. (4) Applications .for the import of seeds sh,11 be submitted to the authorized institution as meant in paragraph (3) by mentioning: objective, kind, quantity, origin of seeds and country of origin. Anic;:le. 8 (1} Seeds produced or distributed by providers and 'distributors of seeds shall : a. fulfill the quality standards already stipulated; b. originate from sources of seeds. (21 Distributors of seeds shall maintain the quality of seeds mstributed. (3) The quality of seeds as meant in paragraph (2) shall be maintained in accordance with the ·requirements for packaging, storage, transporting and the distribution period of seeds; (4) The Director General shall further stipulate provisions on the packaging, storage and transporting. Article 9 Distributors of seeds shall convey reports of Forest Plant Germination Centers in accordance with their working areas. · ( '; i C,.ntification of seeds shall aim at : Pa(t Three Certification Article 10 a. guaranteeing the quality of se·eds of forest plants; b. encouraging the use of good quality seeds; c. providing Intellectual protection for preservers of trees. (.2) Cet1iflcation shall be applied to seeds which will be distributed or used. 10 {3) Certification shall consist of certification of seed sources, certification of seed quality and certification of phytosanitary. f4} fhe cenification of phytosanitary as meant in paragraph (3) shall only be applied to seeds o-riginatitlg in other countries~ . !5-l The cirtification of phytosanita,y as meant in paragraph (4) shall be done by the Forest Pl.ant Quarantine Center. Article .11 ( 1 J Certification of seed sources shall aim at ascertaining classification of seed sources, which cover the examination of condition of stands. physical condition of fields, management ot seed sources and facilities/infrastructures. {21 Seed sources passing the cenification shall constitute seed sources fulfilling the quality standards, already stipulated. Article 12 t 1 l Certification of seed quality shall aim at ascertaining the quality of seeds, including the genetic, physical and fisiological quality. (2) Certification of seed quality shall be applied to seeds which will be distributed and/or used. (3) The genetic quality as meant in paragraph (1) can be examined by the examination of seed sources. (4) Laboratory tests of the physical and fisiological quality shall be done on the basis of standards of the international Seed Testing Association (ISTAL (5) The Director General shall further stipulate criteria, standaids and procedures tor the certification of seed quality. Article 13 { 1) Seed sources and seed quality shall be certified bv Forest Plant Germination Centers or Certification Institutions. (2) Statutory bodies (cooperatives, BUMN, BUMS) can become certification institutions if they have secured accreditation licenses from Forest Plant Cermination Centers. CAFI 75/SEPTEMBER 18, 2001 11 !'.,) lhe Director General shall further -stipuh1te cr1tert1, standards and procedures tor iPPlit8tion1 fdr licenses to become cerdflcation institutions; CHAPTER Ill IXPORTS OP SIEOS AR'tlCl.l 14 ? 1} i!ipons of se11ds from the territory of the Aepubnc of lndonetht ihatt be done by providers and dlsrlbutora of aeed1 already stipulited by the authorized institutions as meant in Artic:le 1 p1,ngr1~h ( 1). (2~ bportt of s&ed• oan be done If they heve seour~d licenses from the bitector General or the HHd of Agenty; :~::;1 th& Dit1otot Generai at meant In paragraph (2) shall grant ilcenses to exports tor the dev.elN{iment of for&sts:. (A.-) "ff'itf l·i~~ad of Agency as meant In paragraph (2:) 1hali Qivie llce111&$ ta export tor the need of toratn teseareh and development. · Artlcie 16 P j $1,eds of forHt pltu\ts whlth oin bl! exported ,hall be ~ a, goiod quality seeds originating fromf orest plants which have developed in lndone$fa; b, being excluded from plants which are tare or almost to Axtinct and protected by laws. c, being fret from peats ot disttaaest · naMely iHds aocomrn1nied by J)hytosanitary certificates which are issued by the Forest Plant Quarantin& Center, d. seedt labeied by Forest Plant Qetffl1nation Centers or Cettlfination Institutions which have secured authotitatlnn from the government. (2.) Thi Mini1ter shall atipuiate kinds of seech; whieh can be exported from the territory o1 the Republic of lndoneola. · (3) Thi! Olteotot General shall further stip..,.rat~ provisions on procedures for exporting seeds. CHAPTER IV FLOURltHtNa Article· 18 (1) Providers and distributors of seedings can be individuals, statutory bodies (BUMN, BUMS. 0:ooperadv1s>, government institution$ operating in the flourishing field. (.2) The registered providers and distributors of seedings shall be stipulated by Regency/City Service oh the basis of recommendadoras from Forest Plant Germination Centers. (3) the Director General shall further stipulate criteria. standards and protedures for becoming 12 the f'agistered providers and distribution of seedings. Article 17 (11 Cf.!ttification of seedings shall aim at ascertaining the quality of seedings, including the. fisiokigically physical quality. 12) Cel'tification shall be applied to seedings which will be distributed or used. {;3) Seedings passing the certification shall constitute seedlings already fulfilling the quality standards stipulated. (4) The Director General shall further stipulate criteria, standards and procedures for the certification of seedings. (3} (4) Article 18 Seedini~;s produced or distributed shalt comply with the quality of seedings already stipulated. Distributors of seedings shall maintain teh quality of seedlings which are distributed. The quality of seedings as meant in paragraph (2) shall be maintained in accordance with the requirements for packaging, storage and transporting. The Director General shall further stipulate requirements for packaging, storage and transporting. Article 19 Distributors shall convey reports to Forest Plant Germination Centers in accordance with their working areas. CHAPTER V . FOSTERING AND SUPERVISION Article 20 The Minister can prohibit the procurement, distribution and planting of seeds of kinds turning out to harm communities, cultivation of plants, other natural resources or the environment. Article 21 (H The Director General shall foster and supervise the germination of forest plants. (2) The Head of Agency shall conduct a study on the germination of forest plants. {3) Provincial/Regency/City Service assisted by Forest Plant Germination Centers shall supervise, monitor and facilitate activities of forest plant germination in regions. CAR 75/SEPTEMBER 181 2001 CHAPTER VI CONCLUSION Article 22 13 ;·: 1 With the ehforce111ent of this decree, the Decree of the Minister of Forestry No. 673/Kpts ilt! 997 shall be declared null and void, t7;• ihis decree shall come into force as from the date of stipulation. CAFI 75/SEPTEMBER 18, 2001 Stipulated in Jakarta On March 15, 2001 THE MINISTER OF FORESTRY sgd Dr.lr.NUR MAHMUD! ISMA'IL, MSc. 000000000