Regulation of the Minister of Agriculture No. 09/Permentan/OT.140/2/2009 concerning requirements and procedures for plant quarantine actions on the entry of carrier media of organisms disturbing quarantined plants into the territory of the Republic of Indonesia

l1A REQUIREMENTS AND PROCEDURE FOR PLANT QUARANTINE ACTIONS ON THE ENTRY OF CARRIER MEDIA OF ORGANISMS DISTURBING QUARANTINED PLANTS INTOTHE TERRITORY OF THEREPUBUC OF INDONESIA (Regulation of the Minister of Agriculture No. 09/Permentan/OT..140/2/2009, dated February 6, 2009). WITH THE BlESSING OFTHE ONE AND ONLY GOD, THE MINISTER OF AGRIQJLltlRE, COnsidering : a. that by Decree of the Minister of Agriculture No. 381 Kpts/HK.310/1/90, requirements and quarantine actions on plants for the entry of plants and seeds into the territOry of the RepUbliC OfIndonesia hadbeen stipu Iated; b. that with the developments of SCIence and technology, Business News 7862/9-25-2009 Decree of the Minister of Agriculture No. 38/Kpts/ HK.310/1/90Is not: suitable any more andisnecessary to be reviewed; c. that based on the above issues andasa follow-up of the message of Article 27 of Government Regulation No. 14 Year 2002 ooncerning Plant Quarantine, it is deemed necessary to stipulate requirements andpro cedure fOr quarantine actions onplantsontheentryof carriermedia of disturbing organisms to quarantined plants into the terrttory of theRepUblic orIndonesia; In view of: .•..• 12A In view of: 1. Law NO. 12Year 1992(BNNo. 5267pages .tA-4A andSIDon)concemingVegetation Cultivation System (StatuteBook Year 1992No. 46, SUpplement to Stat ute Book No.3478); 2. Law No. 16 Year 1992 (BN No. 5300pages J7A J9A andso on)concerning Quarantine onAnimals, Fishand Plants (Statute BookYear 1992 No. 56, Supple mentto Statute Book No.3482); 3. LawNo.7 Year 1994concerning Ratification of Agree mentEstablishing the Word Trade Organization (Stat ute Book Year 1994No. 57,SUpplement to Statute Book No. 3564); 4. Law No. 10 Year 1995 (BN No. 58J2pages J9A 20A andso on) concerning Customs (Statute Book Year 1995 No. 75, Supplementto Statute Book No. 3612); 5. Government Regu!atlon No. 6Year 1995 (BNNo. 5700 pages 22A-25A andso till) c:onceming Plant Pro tection (Statute BookYear 1995 No. 12,SUppfement to Statute Book No. 3586); 6. Government Regulation-No. 44 Year 1995 con cerning Plant Culture Medium (Statute Book Year 1995 No. 85, Supplement to Statute Book No. 3616); 7. GovemmentReguJation No. 14Year 2002(BNIiD. 67t1~ pagesJ5A-32A andsoon)concerning Plant Quar antine(Statute Book Year 2002 No. 35, Supplement to Statute Book No.4196); 8. Presidential Decree No.2 Year 1977concerning Ratifi cation of International Plant Protection Convention (Re vised Text of International Plant Protection Convention 1951); Business News 7862f9- 25-2009 9. Presidential Decree No.58 Year 1992 (BNliD. 5350 page 4A) concerning Ratification of Plant Protection Agreement for the Asia andPacific Regions; 10.Presidential Decree No. 187/M Year2004 (BNNo.7U8 pages30A-3.tA)concerning Establishment of Indo nesia United cabinet; 11. Presidential Regulation No. 9 Year 2005 (BNNo. 7:182 1JiI!IB$2A-23A)conceming Position, Mission, Func tions, Organization Composition, and Work Mecha nismor State Ministries of the Republic of Indonesia in conjunction with Presidential Regulation No. 62 Year 2005; 12. Presidential Regulation No. 10Year 2005 concerning Organization Units andDutiesof Echelon-I of StateMin istries of the Republic of Indonesia; 13.Decree of the Minister of Agriculture No. 411fKptsf TP.120/6/95 concerning Entryof Bio-agents into the territory of the Republic of Indonesia; 14.Decree of the Minister of Agriculture No. 469/Kptsl HK.310/8/2001 concerning Entry and Exit Places of carrier Media of Disturbing Organisms to Quarantined Plants; 15.Regulation of the Minister of Agriculture No. 299/Kpts/ OT.140f712005 concerning Organization and Work Mechanism of the Department of Agriculture in con junctionwith Agriculture Minister Regulation No. llf Permentan/OT.I40/2/2007; 16. Regulation of the Minister of AgriQJlture No. 341/Kpts/ 0T.140/9/2oo5 concerning Organization Accessories and Work Mechanism of the Department of Agricul ture in conjunction with Agriculture Minister Regula tion No. 12/Pennentan/OT.140/2/2007; 17. Decree .......... 17. Decree of the Minister of Agriculture No. 38/Kpt5/ HK.060/1/2006 concerning Types of Organisms Dis turbing Quarantined Plants GroupI categoryAl and A2, Groupn category Al and A2, ParentPlants, car rier media and its Spreading Area; 18. Regulation of the Minister of Agriculture No. 22/ Permentan/OT.140/4/2008 concerning Organization andWorkMechanism of Agriculture Quarantine Tech nicalPerforming Units; In viewof : International Standards forPhvtnsanitary Measures (ISPMs) issued by the Secretariat of International Plant Protection Convention; DECIDES: Tostipulate: THE REGUlATION OF THE MINISTER OF AGRICULTURE CONCERNING REQUIREMENTS AND PROCEDURE FOR QUARANTINE ACTIONS ON PLANTS ON THE ENTRY OF CARRIER MEDIA OF DISTURBING ORGANISM TOQUARAN TINED PLANTS INTOTHE lERRITORY OFTHEREPUBUC OF INDONESIA. OiAPTERI GENERAL PROVISIONS Article 1 In this Regulation, tenns usedare: 1. PlantQuarantine is an action as an effort to prevent the entry and spread of Plant-Disturbing Organisms Business News 7862/9-25-2009 13A from overseas and from an area to other areas do mestically or its exit from the territory of the Republic of Indonesia. 2. Plant-Disturbing Organisms, hereinafter referredto as OPT are all organisms likely to damage, disturb the life of and/or cause the death of plants. 3. Organisms DisturbingQuarantined Plants, hereinafter referred to as OPT!< are all OPTs stipulated by the Min ister, the entry there-of into and its spread within the territory of the Republic of Indonesia, shall be pre vented. 4. Organisms Disturbing Essential Plant, hereinafter re ferred to asOPTP are OPTs other than OPTK, the ex istence there-of in the traffic of plant seeds cancause effects that canimpose losses economicaHy to the pur pose on the useof the plant seeds, andstipulated by the Ministerto be subjected to quarantine actions on plants. 5. OPTKand/or OPTPcarrier media, hereinafter referred to ascarriermedia, are plants andpartsthere-ofand/ or other substances likelyto eany OPTK and/orOPTP. 6. Plants areall kinds of phyto-natural resources, aliveor dead, either not yet processed or haVing been pro cessed. 7. Othersubstances areamong others blo-controI means, cultivatedorganisms, ground,composts, organicfer tilizer, or other plant growth media,andvectors. 8. OPTK GroupI are OPTK that cannotbe deaned from carriermediaby treatment methods. 9. OPTK Group II are OPTKs that can be cleaned from carriermediaby treatment methods. 10. Quarantine Action on Plants, hereinafterreferred to as quarantine actions, is an action performed by Plant Quarantine..... 14A Quarantine OffICers in the fonn of checks, isolation, observation, treatment,detention, rejection, destruc tion and/orcleaning of carriermedia. 11. Risk Analysis on Plant-:Olsturbing Organisms, herein after referredto as, 15 a proa!SS to stipulatethat an OPTiseither 0PT1< orOPTP, andto detenninequaran tine terms and actionS suitabte to preventthe entry andspread of OPT. 12. Traospol1ation means of carrier media are aU land, waterandair transportationmeansused for the traf ficof carriermedia. 13. Entty places are all sea ports, river ports, ferry ports, airports, post offices, border posts with othercoun tries that hadbeen stipulatEd as places for the enby of carriermedia from overseas. 14. Dispatched goods are cargos or goods sent by post from overseas to be entered into the terTltory of the Republic of Indonesia. 15. carriedgoodsaregoods otherthan dispatched goods carried directlyby the owner fromoverseas, among others in thefonn ofhandcarriedgoodsand/or bag gage. 16. Plantquarantine installatiOn, hereinafter referred to asquarantine installation, isa placewithallof it facili ties used to perform quarantine actions. 17. Country of originis the countrywhere thecanier me dia rvlgina~ and/or th@ r:ountry where h carrier media received Itshealth stabJs. 18. Countryof transit isthe 00UII'b'Yotherthanthe country of origin where the carrier mediastopped over tem porarily and/orstored, broken down, changed as of its packaging, or left in the open, hence there isa possi bility of infestation or contamination ofOPTK before Business News 7862/9-25-2009 the carrier media arrived in the territory of the Repub licof Indonesia. 19. National PlantProtection OrganJzation, hereinafter re ferred to as NPPO, is a governmentorganization ofa countryhandling plant protectionnationally. 20. carrier media owner, hereinafter referred to asowner, isan Individual or legal entity possessing acarrier media and/or IS responSible on the enoy or transitofcarrier media. 21. Plant Quarantine Officer Is a functional official on the c::ontrol of Plant-Disturbing Organism, workingin the Plant Quarantine Agency. 22. PlantHealth certificate isa Statement letter issued by the official having the authority in the countryof ori gin/transit stating that the plantor partsthere-ofstated there-in is free from OPT, OPTK, and/or OPTP, and had met stipulated requirements on plantquarantine and/orstatingother necessary infonnation. 23. Transiting carriermedia Is carrier media §topping t:'AIer temporarfly and unloaded from its transportation means withintheterritory fAthe Republic of Indonesia before the carriermediareached Its destination. 24. Epidemic or explosion is an OPT attackhaVing a sud· den nature, wiltl a fast developing population and spreading wldety at a rapid pace. 25. Countrywith high risk Isa country havingit strong p0 tential asa place fOr the source Ofthe spread OfOPT. 26. Administr:atMe chedcad:lon is a series of activities per formedto know the mmplet:eness, validity, and truth of the content ofdocuments. 27. Health checking action isa series cI activities perfonned on carriermedia to detectand identifytheexistence of OPTK and/or OPTP in the carrier media, performed visually and with laboratory method. Artide 2 •.... Art/de 2 (1) This Regulation is purported to be used as basis for the execution of quarantine actions by Plant Quaran tine Officers onthe enby d carriermediaintothe ter ritory of the Republic of Indonesia. andfor individuals or legal entitiesin the importof carriermedia into the territoryof the Republic d Indonesia. (2) The purpose of this Regulation isto preventthe entry of om and/or OPTPand to providea certainty for the performance of quarantine actions oncarrierme diaentered into the territory of the Republic of Indo nesia. Artlde3 Coverage of this Regulation are: 1. Plant quarantine requirements; 2. Quarantine actions on carrier mediaentered into the territoryof the Republic of Indonesia; 3. Quarantine actions on carrier media re-entered into the territoryof the Republic of Indonesia; 4. Notification of non-compliance; 5. Recognition and equivalence; and 6. Retribution onquarantine action services. QtAPTERn REQUIREMENTS OFPLANT QUARANTINE PartOne General Artide "I (1) Anycarriermedia entered into the territory of the Re public of Indonesia, must: a. beequipped with plant healthcertificatefrom the country of origin and/orcountry of transitfor plants Business News 7862/9-2S-2009 lSA and parts there-or; except for carrier media cat egoriZed asother substances; b. pass thru stipulated entry places; and c. be reported anddelivered to PlantQuarantine Of ficersat entryplaces for the purpose of quarantine actions. (2) The useof planthealthcertificate from thecountry of originand/orcountryof transitasmeantin paragraph (1) letter a in electronic model isvalidif: a. its methodof issuance and security hasbeen ap proved by the Agriculture Quarantine Agency; b. information setforth in the plant health certificate isinaca>rdance with the model stipulated by Inter national Plant Protection Convention (IPPC); c. termsfor the issuance is in accordance with provi sions of IPPC; and d. identity of the issuing agency is dear and easily reoognizable. (3) Provisions of thevalidity of planthealth certificate from thecounbyof originand/orcountry of transitreferred to in paragraph (1) letter at andthe reporting andde livery of thecarriermedia referred to in paragraph (1) letter c isasset forth In Attachment-I constituting an inseparable part of this Regulation. (4) Changes to Attachment-Ias referred to in paragraph (3) shall further be stipulated by the Head of Agricul ture Quarantine Agency on behalf of the Minister or Agriculture. ArtideS (1) If the healthcertificate referred to in Article 4" in ac cordance with statutoryregulations cannot beissued by the agency havingtheauthoritv in the countryof origin ••••• origin, quarantine actions on such carriermedia shall betaken. (2) The rerrier mediCI rcferredto in paragrllph (1) in the form of result of dead plantshaving undergone the processing process isas.set forth in Attachment-II con stitutingan inseparable part of this Regulation. (3) Changes to Attachment-II referred to inparagraph (2) shall furtherbestipulated by the Head of Agriculture Quarantine Agency on behalfof the Minister of Agri culture. PartTwo Additional Obligations Article 6 Every carrier media imported into theterritoryof the Republic of Indonesia, besides haVing to fulfill the re quirements referred to in Article 4, maybe subjected to additional obligations. Attide7 (1) Theadditional obligations referred to in Article 6 shall be imposed in a situation that is stipulated based on the resultof AROPT valued as having the potentials likely to cause the spread of p1ant--disturbing organ isms. (2) Theadditional obligations referred to in paragraph (1) can be in the form of; a. technical requirements; and/or b. requirements on the completeness of documents. (3) Provisions on technical requirements and/or require ments onthecompleteness of documents referred to inparagraph (2) shall further be stipulated bythe Head of Agriculture Quarantine Agency. Business News 7862/9-25-2009 16A Artide8 (1) AROPT on the entryof carriermedia in the condition referred to in Article 7 paragraph (1) shall be per formed by a PlantQuarantine Officer; and its result shall be legalized by the Head of Agriculture Quaran tineAgency based ona recommendation of theAROPT Team. (2) The AROPT Team referred to in paragraph (1) shall be formed by the Head of Agriculture Quarantine Agency. (3) Procedure on the performance of AROPT referred to in paragraph (1) is as set forth in Attachment-III con stitutingan inseparable partof this Regulation. (4) Changes to Attachment-IIIasmeantin paragraph (2) shall further be stipulated by the Head of Agriculture Quarantine Agency on behalfof the MInister of Agri culture. c:HAP'reRm QUARANllNEAcnONS ON CARRIER MEDIA ENTERED INTO'THEIERRITORY OF n-tEREPUBUCOF INDONESIA PartOne Place for the Execution of Quarantine Actions Article 9 Quarantine actions may be performed in: a. thecounbyoforigin;and/or b. the territory of the Republic of tndonesta. Article 10 (1) Quarantine actions inthecounby of origin asmeantin Article 9 letter a may be performed on carrier media not prohibited asof its entry,andbased onthe result ofAROPT that: a. the ....• .. d1elAlfTler~ia are nollho5e swjected to isola tiDnand obselVation actions; and b. I: isdeemed to be I'11OAt effectNoeand efficientthan performing it in entry~within theterritory d the Republic d Indonesia. (2) Quarantineactions in the countlyd originasreferred to in paragraph (1) constitUte a replacementd quar aMine acI:ions to be perfonnedat entry places within the terrItDtyofthe Repubtic of Indonesia. (3) Quarantine actions inthe oountry d origin as referred to in paragraph (1) mustbe agreed upon by the NPPO dthe exporting country andthereceiving country, the importer, exporter, andproducer dthe carriermedia. (4) Quarantine actiOnS Inthe countryeX originasreferred to in paragraph (1) shall beperformedforeach import « carrier media. (5) Provisions onqualantinead:ions in thecountry fAori gin is as set forth inAttachment-IV being an insepa ICJI*!part of this Regulation. {6} Olanges to Attachment-IV as referred to in paragraph (5) shall further be stipulatedby the Head d Agricul ture Quarantine Ageocyon behalf d the Minister of Agriculture. Article 11 Quarantine ac.tionsin the tentorv rI the Republic of IndoneSIa asmeant in ArtIde 9 Ietrer b, may be per formed: .. at entry places; and/or b. outside IXentry places. Article 12 (1) Quarantine actions atentry places as meant in Article Business News 7862/9-25-2009 17A 11 letter at may be performed on board the trenspor tation means and/or after being unloaded fran the transportatlon means. (2) Qua~ntine actions after unloading from transporta tion means as referred to in paragraph (1) may be performed inoroutsideofquarantineinstatlations. (3J Quarantine actions outsidefAquarantineinstallations as referred to in paragraph (2) among others are in container tenninals, warehouses, or wharfs. Artide 13 (1) Quar.mti~ ad:ion5~ d enby~ as meant in Article 11 letter b, may be performed in quarantine installations or in other places outside of quarantine installations. (2) Performance of quarantine actions outside of entry places as referred to In paragraph (1) shall be regu latedin a separate regulation. Part Two Quarantine Actions Artide14 Based on theenby reporton carrier media meant in Article 4 paragraph (1) letterC, Head d the Technical Perfonner Unit (UPT) d Agriculture Quarantine shalf as signin writing PIcInt Quarantine Officerstoperform quar antine actions. Sub-part 1 Cheddng Article 15 (1) After receiving the assignment referred to in Artide 14,the Plant Quarantine Officer shall performcheCk ing actiOns. (2) The..... 18A (Z) Thedlecklngactions referred to Inparagraph (1) cover administrative checks and healthchecks. Article 16 If from the result of the checks referred to in Arw tide 15 paragraph (2) on carrier media still on board of transportation means it is foundout that: a. it is not a carrier media,quarantine actionsshall not betaken; b, it is a carrier media, its entry shall be subjected to isolation andobservation actions; c. it does not meet required provisions, a rejection ac tion shall betaken; d. it isof thetype of carriermediathat itsentry is prohib ited, a rejection actionshall betaken; e. required documents.are notcomplete, a detentionac tion shall betaken; f. required documents are not legal and/or not true, a rejectionactionshallbe taken; or g. required documents arc romplete, legal,andtrue, then healthchecking actionsshall be performed. Artide 17 Thehealthchecking actionsreferred to in Article 16 letter 9 shall be performed Oft the transportation means, if: a. the carrier media originatesfrom a country or transit in a country infectedwithepidemic; b. transportation meansof the carrier mediaoriginates from a country or transit in a country infected with epidemic; c. the carrier media originatesfrom a countryor transit in a countryhaving a high risk; or Business News 7862/9-25-2009 d. based on the consideration of the Plant Quarantine Officer, checking of the carrier mediais required to be performed on board ofthe transportation means. Article 18 Iffrom the resuftof the administrative checks re ferredto in Article 15paragraph (2) on carriermedia hav ing been unloade1 from itstransportation means, it is found out that: a. it is not a carrier media, quarantineactionsshall not betaken; b. it isa carrier mediawhere its entry shallbesubjected to isolation and observation actions, isolation andob servation actionsshall be performed; c. it isof the type of carriermediathat its entry isprohib ited, a destructionaction shallbe taken; d. doesnot meet required provisions; a rejectionaction shallbe taken; e. required documents are not complete, a detention ac tion shallbe taken; f. requireddocumentsare not legaland/or not true, a rejectionaction shall be taken; or g. required documents are complete, lega., and true, healthchecking actionsshallbeperformed. Article 19 (1) Ifafter perfonningthe health checkingactions meant in Article 16 letter g, it is found out that: a. it is not free from OPTK GroupI, spoiled or dam aged,a rejectionaction shall be taken; b. it is not free from OPTK Group II, treatment ac tions shall be executed on the transportation means; c. it is . 19A c. it is free from OPTK or after undergoing the treat ment actions, it can be cleaned from OPTK Group II, a release action shallbe made. (2) If the treatment action referred to in paragraph (1) letter b is not possible to be perfonned, a rejection actionshall be taken on the carrier media. (3) The carrier media subjected to the rejection action referred to in paragraph (1) letter a or paragraph (2) is prohibited to be unloaded from its transportation means. Article 20 (1) Ifafterperfonning the healthchecking actions referred to In Artlcle 18 letter g, It Isfound out that the earner media is: a. not free from OPTK Group I, spoiled or damaged, destruction actionsshallbe taken; b. not free from OPll< Group Il, treabnent ad:ions shall be executed; c. free from OPTK or after undergoingtreabnent ac tions, it can becleaned from OPTK GroupII, a re lease actionshall bemade. (2) carrier media that arespoiledor damaged asreferred to in paragraph (1) letter a shall undergo: a. destructionactionstotally if it is caused by OPTK; b. destruction actionson spoiled or damagedparts, if it isnot caused by OPTK. Sub-part2 Detention Article 21 (1) The detention action referred to in Article 16 letter e and Article 18 Jetter e is undertaken to secure the Business News 7862/9-25-2009 carrier media by sealing method and placing it under the command and control of Plant Quarantine Offic ers. (2) Oncarrier mediasubjected to the detentionactionre ferred to in paragraph (1), the owneror his/her proxy will be provideda periodof 14 (fourteen)work. clays at the mostto fulfill the requiredcompleteness of docu ments. (3) If in the 14 (fourteen) work daysperiod referred to in paragraph (2) the required completeness of the docu ments is not or cannotbe fulfilled, a rejectionaction shall be taken. Sub-part3 Observation andIsolation Article 22 (1) Isolation and observationactionsshall be performed on carriermediaby placing it in an isolated location so that if there are OPTK, it will not spread to the sur rounding environment. (2) The isolation and observation actions referred to in paragraph (1) shallbe executed for a certainperiod to detectpossibilities of the existence of OPTK which due to its nature, require a long time, and special means andcondition. (3) The special condition referred to in paragraph (2) amongothers are placetemperature,dimate, andel evation. Artlde 23 If after pelforming the isolation and observation actionsmeant in Article 21, it is found out that the carrier media is: a. not ••..• a. not free from Om< Group I, spoiled or damaged, de struction actions shall beexecuted; b. not free from OPTK Group II, treatment actions shall be executed; or c. freefrom OPT!< or afterperforming treatmentactions, it can be cleaned fromOPTK Group II, a release action shall be made. SUb-part 4 Treatment Article 24 (1) Treatment action is performed by physical and/or chemical method. (2) Thetreatmentaction referred to in paragraph (1) is performed: a. to clean the carrier media from Om< Group IIi or b. it is required asanadditional obligation. (3) Treatment action as the additional obligation referred to in paragraph (2) letter b maybeperformed in the country of origin, on transportation means while en route, inthecountry of transit, and/orafterarriving in the territoryof the Republic of Indonesia. Artide2S If afterperforming the treatmentaction referred to inArticle 23paragraph (1) lettera, it isfound out that it: a. cannot becleaned from OPTK Group II andthecarrier media is stillon its transportation means, a rejection action shall be caken; b. cannot becleaned fromOPTK Group II andthecarrier mediahad been unloade::l fromits transportation means, adestruction action shall be executed; or c. can be cleaned from OPTK Group II, a release action shall be made. Business News 7862/9-25-2009 20A Article 26 Provisions on the standard treatmentactions re ferred to in Article 23 shall further be stipulated by the Head of Agriculture Quarantine Agency. Sub-part 5 Rejection Article27 (1) Reiection actionon earnermedia that: a. isstillon itstransportation means, iscarried out by prohibiting the entryof the carriermedia into the territoryof the Republic of Indonesia; b. had been unloaded fromits transportation means, IScarried out byexporting thecarrier media outof the territory of the Republic ofIndonesia. (2) Execution of the rejection action referred to in para graph (1) shall befollowed with the issuance of a Re jection Report. (3) Facilities that are required for the performance of the rejection action referred to in paragraph (2) are the responsibilfty of the owneror "is/her proxy. (4) If ina period of 14(fourteen) workdays after receiv ingthe rejection letter, the owneror his/herproxy did not immediately export the carriermedia out of the territory of the Republic of Indonesia, a destruction action shall beperformed. Sub-part 6 DestructIon Article28 (1) Destruction actionon carrIermedIa Isperrormed by burning, heating, burying, destroying and/or other methods so that there is no possibility that the carrier media can be asource of the spread ofOPTK. (2) Execution ....• (2) Execution of the destruction action referred to in para graph(1) shallbe followedwith the issuance of a De structiOn Report. (3) Facilities that are requiredfor the performance of the destruction actionreferred to in paragraph (2) are the responsibility of the owner or his/her proxy. (4) Provisions on the destructionmeant in paragraph (1) shallfurther be stipulated by the Head of Agriculture Quarantine /JI;jency. SUb-part 7 Release Article 29 (l) Release action is made by releasing and/or allowing the carriermediato enter into the territory of the Re public of Indonesia. (2) The release action referredto in paragraph (1) iscar ried out on carrier media that are free from and/or can be cleaned from OPTK category AI, OPTK cat egoryA2 and/or OPTP. (3) Carriermediathat had undergonethe release action referred to in paragraph (1) may travel freely within the territory of the Republic of Indonesia. (4) Onthe performance of the release action referred to in paragraph (1), a Release certificate shall beIssued. Q-lAPTERIV QUARANTlNEAcnONS ON CARRIER MEDIA RE-ENTERED INTO THETERRlTORY OF ll-IE REPUBl.JC OFINDONESIA Article30 (I) Re-entJy d carrier media that hadbeen eqJOI1Ed from the territory oftheRepublic: cllndonesia can occur due to: Business News 7862{9-25-2009 a. the entry there-of is rejected by the destination coun try; or b. it is returnedby the destinationcountry. (2) Thecarriermedia referredto in paragraph (1) letter b wasused for the purpose of amongothersexhibition, contest·and/or research. Article31 (1) On the re-entryof the carriermediareferredto in Ar ticle 30 paragraph (1) letter a, if it is: a. accompanied with PlantHealth certificate fromIn donesia at the time of exit, It shall be treated In acoordance with requirements on Plant Quarantine, quarantine actions other than detention actions and rejectionactionsshallbe exercised; b. notacmmpanied withPlant Healthcertificate from Indonesia, and the destination countryrequires so, destruction actionsshallbe taken; c. not accompanied with Plant Health certificate from Indonesia,and the destinationcountrydid not re quIre,quarantineactionsother than detentionac tion and rejectionaction shallbe taken. (2) Re-entry of the carrier media referred to in para graph (1), must be accompanied with a statement letter on rejection from NPPO or other parties in the destination countryaccompanied with reasons for the rejection. (3) If the re-entryof the carriermediaisnotaccompanied with the statement letter meant in paragraph (2), a rejectionactionshallbe taken. Article32 In the event the re-entry of the carrier media re ferred to in Article 30 paragraph (1) letterb is: a. accompanied ••••. a. accompanied with PlantHealthCertificate from Indo nesia/ quarantine actionsshallbe performedandthe Plant Health certifICate accompanying the carrier media during exit can be used as a plant quarantine requirement; or b. not accompanied witha PlantHealthcertificate from Indonesia, a destruction action shall be taken. OiAPTERV RECOGNITION, EQUIVALENCE DAN NOTIFICATION OF NON<ONFORMANCE Article 33 (1) Performanced quarantineactions on the entryof car rier media into the territory of the Republic eX Indone siacan be performed thru a Mutual Remgnition Agree mentand anEquivalence Agreement with the country of origin. (2) Terms and procecIure on the performance of Mutual Recognition Agreement and EqUivalence Agreement referred to in paragraph (1) shallfurther be stipUlated bythe Head or AgncultUre QUarantine Agency Article34 (1) Notification onnon-eonformance will be issued by Ag ricultureQuarantine UPT if the entry ofcarrier media from overseas: a. isnot in accordance with statutory regulations on PlantQuarantine; and/or b. the carriermedia is subjected to treatment, rejec tion and/ordestruction actions. (2) Notification on the non-confonnance referred to ill paragraph (1) shall be addressed to the NPPO in the countryof originof the carriermedia. CHAPTER VI RETRIBUTION ON QUARANTINE ACllON SERVICES Article35 (1) carriermedia owners or their proxiesareobligated to payrebibutionon quarantineactionservices. (2) Retribution on quarantine action services referred to in paragraph (1) is a Non-Tax State Income (PNBP) that must be deposited to the state trea sury. Business News 7862/9-25-2009 22A (3) The amount of retribution for quarantine action ser vices referred to in paragraph (1) shall be stipulated based on prevailing statutory regulations. a-tAPTERVll "TRANSITIONAL PROVISIONS Artide36 On-going quarantineactionson the entry of car rier mediabefore the stipulationof this Regulation, shall be settledby followingprovisions of Dedsk>n LetterofAg riculture MinisterNo.38/Kpts/HK.310/1/90 concerning Re quirements andActions on PlantQuarantine for the Entry of Plants and Seeds into the Territory of the Republic of Indonesia. Q-lAPTERVID CLOSING PROVISIONS Article 37 With the stipulationof this Regulation, Decision Letter eX Agriculture Minister No. 38/Kpts/HK.310/1/90 con cerning Quarantine Requirements and Actions on Plants for the Entryof Plants and Seeds into the Territoryof the Republic of Indonesia, is revoked anddeclared asnot ef fective. Artide38 This Regulation commences to corne to effect from the date of stipulation. For public cognizance, this Agriculture Minister Regulation shallbe announced in the StateGazette of the Republic of Indonesia. Stipulated inJakarta on February 6, 2009 THE MINISTEROFAGRlQJLlURE, sgd. ANTON APRIYANfONO Editor's Note: Dueto technical reasons, attachments arenot Included. ===( D)===