Regulation of the Minister of Trade of the RI No. 40/M-DAG/PER/7/2014 on the Amendment of 03/M-DAG/PER/1/2007 on the import of materials destroying ozone layer (BPO)

THE AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NUMBER 031M-DAG/PER/1 /2012 CONCERNING PROVISION ON THE IMPORT OF MATERIALS DESTROYING OZONE LAYER (BPO) (Regulation of the Minister of Trade Number 40/M-DAG/PER/7/2014, dated July 15, 2014) BY GRACE OF GOD THE ALMIGHTY THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA, Considering: a. that in order to enhance the effectiveness of the import of materials destroying ozone layer ( BP0), it is necessary to amend several provisions in Regulation of the Minister of Trade Number 03/M DAG/PER/1/2012 concerning Provision on the Im port of Materials Destroying Ozone Layer (BP0); b. that having regards to letter a, it is necessary to stipulate a regulation of the Minister of Trade on the Amendment to Regulation of the Minister of Number 57, Supplement to Statute Book of the Republic of Indonesia Number 3564); 2. Law Number 10 Year 1995 on Customs Affairs (Statute Book of the Republic of Indonesia Year 1995 Number 75, Supplement to Statute Book of the Republic of Indonesia Number 3612) as al ready amended by Law Number 17 Year 2006 (Statute Book of the Republic of Indonesia Year 2006 Number 93, Supplement to Statute Book of the Republic of Indonesia Number 4661); 3. Law Number 39 Year 2008 on State Ministry (Statute Book of the Republic of Indonesia Year 2008 Number 166, Supplement to Statute Book of the Republic of Indonesia Number 49 16); Trade Number 03/M-DAG/PER/1/2012 t concern- 4. Law Number 32 Year 2009 on Environmental Pro ing Provision on the Import of Materials Destroy- tection and Management (Statute Book of the ing Ozone Layer (BP0); Republic of Indonesia Year 2009 Number 140, Supplement to Statute Book of the Republic of In view of: Indonesia Number 5059); 1. Law Number 7 Year 1994 on Agreement Estab- 1 5. Law Number 36 Year 2009 on Health (Statute lishing The World Trade Organization (Statute I Book of the Republic of Indonesia Year 2009 Book of the Republic of Indonesia Year 1994 Number 144, Supplement to Statute Book of the 38 Business News 8718/6-19-2015 Republic of Indonesia Number 5063); 6. Law Number 7 Year 2014 on Trade (Statute Book 13. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provision of the Republic of Indonesia Year 2014 Number on Importer Identity Number (API) as already 45, Supplement to Statute Book of the Republic amended several times and the latest by Regula of Indonesia Number Number 5512); tion of the Minister of Trade Number 84/M-DAG/ 7. Presidential Decree Number 84/P Year 2009 on the Establishment of the Second United Indonesia PER/12/2012; Cabinet as already amended by Presidential De- DECIDES: cree Number 8P Year 2014; 8. Presidential Regulation Number 47 Year 2009 on To stipulate: the Establishment and Organization of State Min- THE REGULATION OF THE MINISTER OF TRADE ON istries as already amended several times and the THE AMENDMENT TO REGULATION OF THE MIN latest by Presidential Regulation Number 13 Year ISTER OF TRADE NUMBER 03/M-DAG/PER/1/2012 1 2014; CONCERNING PROVISION ON THE IMPORT OF MA 9. Presidential Regulation Number 24 Year 2010 on TERIAL DESTROYING OZONE LAYER (BP0). Status, Tasks, Functions of State Ministries as well as First-echelon Organizational Structures, Article I Tasks and Functions of State Ministries as al- Several provisions in Regulation of the Min ready amended by Presidential Regulation Num- . ister of Trade Number 03/M-DAG/PER/1/2012 con I ber 14 Year 2014; cerning Provision on the Import of Materials Destroy 10. Regulation of the Minister of Trade Number 54/M- ing Ozone Layer (BPO) shall be amended as follows: DAG/PER/9/2009 concerning General Import Pro- 1. The provision of Article 1 is amended so as to vision; read as follows: 11. Regulation of the Minister of Trade Number 31/M- Article 1 DAG/PER/7/2010 on Organization and Working Referred to in this regulation as: Mechanism of the Ministry of Trade as already 1 1. Material Destroying Ozone Layer hereinafter I amended by Regulation of the Minister of Trade I abbreviated to BPO shall be chemical com Number 57/M-DAG/PER/8/2012; pound potential to react with ozone molecule 12. Regulation of the Minister of Trade Number 03/M- in stratosphere. DAG/PER/1/2012 concerning Provision on the Im- 2. Producer Importer of Material Destroying port of Materials Destroying Ozone Layer IBP01; Ozone Layer hereinafter abbreviated to1P-BP0 Business News 871816-19-2015 39 40 shall be an industrial company or industrial service company using BPO as raw material or auxiliary material in production process. ed so as to read as follows: Article 6 (1) In order to secure recognition as 1P-BP0 as meant 3. Approved Importer of Material Destroying in Article 3 paragraph (1), companies shall submit Ozone Layer, hereinafter abbreviated to IT- application in writing to the Director General by BPO shall be a trading company securing enclosing the following documents: stipulation from the government to impoort a. copy of industrial business license/industry and distribute BPO. registration identity or other business license 4. Recommendation shall be a letter issued by from technical institution; the related authorized institution/agency, which contains technical explanation and b. copy of Producer Importer Identity Number (API-P); does not constitute import licence/approval. c. copy of Corporate Registry Number (TDP); 5. Verification or technical inquiry shall be an d. copy of Taxpayer Code Number (NPWP); activity of technical inspection of imported e. copy of decree of the Minister of Agriculture goods by surveyor. on Registration of Pesticides, especially for 6. Surveyor shall be a survey company autho- the import of BPO belonging to Methyl Bro rized to veridy or inquire technically imported mide category; product. f. recommendation from Deputy for Control 7. Minister shall be the minister in charge of over Environmental Destruction and Cli trading affairs. mate Change, Ministry of Environmental 8. Director General shall be the Director General Affairs; of International Trade, Ministry of Trade. g. recommendation from Dirjen BIM; and 9. Dirjen BIM shall be the Director General in h. production plan for one year. charge of manufacturing industry affairs, (2) Based on the written application as meant in para Ministry of Industry. graph (1), the Director General shall issue recog 10. Deputy for Control over Environmental De- nition as 1P-BP0 in no later than 5 (five) working struction and Climate Change shall ba deputy days as from the date of receipt of application responsible for the protection of ozone layer, completely and truthfully. Ministry of Environmental Affairs. (3) The recognition as 1P-BP0 as meant in paragraph (2) shall be issued by observing production capac . The provision of Article 6 paragraph (1) is amend- ity and plan in one year Business News 8718/6-19-2015 (4) In the case of the written application as meant in paragraph (1) being not complete and true, the Director General shall inform of the rejection of application in no later than 5 (five) working days as from the date of receipt of application. (5) The recognition as 1P-BP0 as meant in paragraph (2) shall contain at least informatio about destination port, quantity and kind of BPO, as well as tariff heading /HS, which may be imported by 1P-BP0 along with technica provision on the import of the materials. (6)The recognition as 1P-BP0 as meant in paragraph (2) shall be valid for one year. 3. A new article is supplemented between Article 19 and Article 20 to become Article 19A, which reads as follows: Article 19A The exception from the provision governed in this regulation shall be stipulated by the minister by con sidering recommendation from related institutions. Article II The regulation shall come into force as from the date of promulgation. For public cognizance, the regulation shall be promulgated by placing it in State Gazette of the Republic of Indonesia. Stipulated in Jakarta On July 15, 2014 THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA sgd MUHAMMAD LUTFI (R) Business News 8718/6-19-2015 i 41