Regulation of the Minister of Trade RI No. 23/M-DAG/PER/9/2011 concerning amendment to Regulation of the Minister of Trade No. 44/M-DAG/PER/9/2009 concerning procurement, distribution and supervision of hazardous material

AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NUMBER 44/M-DAG/PER/9/2009 CONCERNING PROCUREMENT, DISTRIBUTION, AND SUPERVISION OF HAZARDOUS MATERIAL (Regulation of the Minister of Trade RI Number 23/M-DAG/PER/9/2011, Dated September 7, 2011) WITH THE BLESSING OF THE ONE AND ONLY ONE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA, Corisiderinq: a. that in the context of improving effective super vision over hnznrdous motorial specifically origi nating from import, it is necessary to stipulate port ot destination tor hazardous material and conduct technical verification or review on im ported hazardous rnatriai at the port of loading; b. that based 0:1 the consideration referred to in letter a, it is necessary to amend Regulation of the Minister of Trade Number 44/M-DAG/ PER/9/2009 concerning Procurement, Distribu tion and Supervision of Hazardous Material; c. that based on the consideration referred to in (Staatsblad 1949 Number 377); 3. Law on Emergency Number 7 Year 1955 con cerning Examination, Taking Action, and Judi ciary Act on Economic Crime (Statute Book of the Republic of Indonesia Year 1955 Number 27, Supplement to Statute Book of the Repub lic of Indonesia Numbe r 801), as amended aev eral times and lately amended by Government Regulation in Lieu of Law Number 26 Year 1960 concerning Amendment to Article 27 and Article 28 of Law on Emergency Number 7 Year 1955 {Statute Book of the Republic of Indonesia Year 1960 Num ber 74, Supplement to Statute Book of the Republic of Indonesia Number 191 O}: 4. Law Number 1 Year 1970 concerning Occupa tional Safety (Statute Book of the Republic of Indonesia Year 1970 Number 1, Supplement to letter a and letter b, it is necessary to stipulate Statute BOOk of the Republic ot indonesia Num Regulation of the Minister of Trade; ber 2918); 5. Law Number 3 Year 1982 concerning Obliga In view of: tory Registration for Company (Statute Book of 1. Bedrijfsreglementerings Ordonnantie 1934 {Sta atsblad 1938 Number 86); 2. Ordonnantie Hazardous Chemical Substance the Republic of Indonesia Year 1982 Number 7, Supplement to Statute Book of the Republic of Indonesia Number 3214); GOVERNMENT REGULATIONS 6. Law Number 7 Year 1994 concerning Agree ment Establishing The World Trade Organization (Parcetujuan Pembentukan Organisasi Perdagan gan Dunia). (Lernbaran Ne-gara Republik Indone sia Year 1994 Number 57. Supplement 10 Stat ute Book of the Republic of Indonesia Number 3564); 7. Law Number 10 Year 1995 concerning Customs Matter (Statute Book of the Republic of Indonesia Year 1995 Number 75, Supplement to Statute Book of the Republic of Indonesia Number 3612) as amp.ndp.d hy law Nurnhar 17 Yaar 7006 (Sfat ute Bookf Year 2006 Number 93. Supplement to Statu te Book Number 4661); 8. Law Number 7 Year 1996 concerning Good (Statute Book of the Republic of Indonesia Year 1996 Number 99, Supplement to Statute Book of the Republic of Indonesia Negara Number 3656); 9. Law Number 6 Year 1998 concerning Agree ment of Convention On The Prohibition Of The Development, Production. Stockpiling And Use Of Chemical Weapons And On Their Destruction (Konvensi Tentang Pelarangan Pengembangan, Produksi, Penimbunan, dan Penggunaan Senjata Kimia Serta Tentang Pernusnahannva}, (Statute Book of the Republic of Indonesia Year 1998 Number 171, Supplement to Statute Book of the Republic of Indonesia Number 3786); 10. Law Number 5 Year 1999 (BN No. 6284 pgs. 11 B-16B) concerning Prohibition from Practising Monopoly and Unfair Business Cornpetion (Stat ute Book of the Republic of Indonesia Year 1999 Numher 33, Supplement to Statute Book of the Republic of Indonesia Number 3817); 11. Law Number 8 Ye ar 1999 (BN No. 0311 pgs. 5B-ll B) concerning Consumer Protection (Stat ute Book of the Republic of Indonesia Year 1999 Number 42, Supplement to Statute Book of the Republic of Indonesia Number 3821); 12. Law Number 32 Year 2004 (BN No. 7152 pgs. 9B-18B) concerning Regional Administration {Statute Book of the Republic of Indonesia Year 2004 Number 125, Supplement to Statute Book of the Republic uf Indunesia Number 4437) as amended several times and lately amended by Law Number 12 Year 2008 (BN No. 7661 pgs. 11 B-18B) (Statute Book of the Republic of In donesia Year 2008 Number 59, Supplement to Statute Book of the Republic of Indonesia Num ber 4844); 13. Law Number 29 Year 2007 mN No. 7565 pgs. 3B-l0Bt concerning Jakarta Capital City of Spe cial Provincial Region of the State of the Repub lic of Indonesia {Statute Book of the Republic of Indonesia Year 2007 Number 93, Supplement to Statute Book of the Republic of Indonesia Num ber 4744); 14. Law Number 9 Year 2008 concerning Use of Chemical Substance and Prohibition from Using Chemical Substance as Chemical Weapon (Stat ute Book of the Republic of Indonesia Year 2008 Number 49, Supplement to Statute Book of the Republic of Indonesia Number 4834); 15. Law Number 17 Year 7008 {BN No 7fifi9 POS 1B-1 OB) concerning Services (Statute Book of the Republic of Indonesia Year 2008 Number 64, Supplement to Statute Book of the Republic of Indonesia Number 4849l; 16. Law Number 32 Year 2009 concerning Protec tion and Management of Living Environment (Statute Book of the Republic of Indonesia Year 2009 Number 140, Supplement to Statute Book of the Repllblir. of lndonasia Nurnhar 5059); 17. Law Number 36 Year 2009 concerning Health {Slatute Book of tile RepulJlie uf ludouesie Ye ar 2009 Number 144, Supplement to Statute Book of the Republic of Indonesia Number 50631; 18. Government Regulation Number 69 Year 1999 concerning Lable and Advertisement on Food (Lembaran Ne-gara Republik Indonesia Year 1999 Number 131, Supplement to Statute Book of the Republic of Indonesia Number 38671: 19. Government Regulation Number 58 Year 2001 concerning Management and Supervis'lon 'In the Implementation of Consumer Protection (Statute Clook of the Republic of Indonesia Year 2001 Number 103, Supplement to Statute Book of the Republic of Indonesia Number 4126); 20. Government Regulation Number 74 Year 2001 concerning Management of Hazardous and Toxic Material (Statute Book of the Republic of Indo nesia Year 2001 Number 138, Supplement to Statute Book of the Republic of Indonesia Num ber 41531; 71. Government Reoulatjon Number 28 Year 2004 concerning Food Security, Quality, and Nutritient (Statute Book of the Republic of Indonesia Year 2004 Number 107, Supplement to Statute Boo k of the Republic of Indonesia Number 4424); 22. Government Regulation Number 38 Year 2007 concerning Distribution of Administration Affairs between the Government. Regional Government of Province, and Regional Government of Regen cy/MLJnir.ipality (Statuts Book of the Reruhlir. of Indonesia Year 2007 Number 82, Supplement to Statute Bouk o I tl ie RefJuulil,; of lndouesia Num ber 47371; 23. Presidential Decree Number 260 Year 1967 con cerning Confirmation of Duty and Responsibility of the Minister of of Overseas Trade; 24. Presidential Decree Number 65 Year 1998 con cerning Sanction of International Convention on the Safety of Life at Sea 1974: 25. Presidential Decree Number 84/P Year 2009 concerning Establishment of lud cue sia Bersatu If Cabinet; 26. Presidential Regulation Number 47 Year 2009 concerning Establishment and Organization of the State Ministry; 27. Presidential Regulation Number 24 Year 2010 concerning, Capacity, Duty, and Function of the State Ministry and Organizational Structure of Echelon I of the State Ministry; 28. Decision of the Minister of lndustrv Number 14B/M/SK/4/19B5 concerning Security of Haz ardous and Toxic Meteriel in Industrial Company; 29. Regulation of the Minister of Health Number 239/Men-kes/Per/V/19B5 concerning Particular Coloring Substance Declared as Hazardous Ma terial; 30. Regulation of the Minister of Health Number 7 22/MEN-KES/PER/IX/ 198B as amended by Reg ulation of the Minister of Health Number 1168/ MENKES/PER/X/1999 concerning Addictive Ma tcr iol to Food; 31. Regulation of the Minister of Health Number 4/2/Men-keslPerIV /1996 concerning Sateguard ing Material that is Hazardous to Health; 32. Decision of the Minister of Industry and Trade Number 230/MPP/Kepl7 /1997 concerning Goods Governed by its Import Procedure as amended several times and lately amended by Decision of the Minister of Industry and Trade Number 417/ MPP/Kep/6/2003; 33. Decision of the Minister of Manpower Number 1871MENI 1999 concerning Control of Hazard ous Chemical Substance at Work Place; 34. Regulation of the Minister of Health Number 1184/Menkes/Per/X/2004 concerning Security of Health Apparatus and Provision of Home Ap pliances; 35. Regulation of the Minister of Trade Number 16/M-DAG/PER/3/2006 concerning Arrange ment and Management of Warehouse; 36. Regulation of the Minister 01 Trade Number 36/M-DAG/PER/9/2007 concerning Issue of Trade Business License Certificate; 37 Regulation of the Minister of Trade Number 20/M-DAGIPI::K/b/Z009 concerning Provision and Procedure of Supervision of Goods and/or Services; 3B. Regulation of the Minister of Trade Number 44/M-DAG/PER/9/2009 concerning Procure ment, Distribution and Supervision of Hazardous Material; 39. Regulation of the Minister of Trade Number 45/M DAG/PER/9/2009 concerning Importer Identifica tion Number (API) as amended several times and amended lately by Regulation of the Minister of Trade Number 20/M-DAG/PER/7/2011; 40. Regulation of the Minister of Trade Number 54/M-DAG/PER/10/2009 concerning General Provision in Import sector; 41. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/20 lOco ncerning Organization and Work Procedure of the Ministry of Trade; DEC IDE S: To stipulate: REGULATION OF THE MINISTER OF TRADE CON CERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NUMBER 44/M-DAG/ PERIS/200S ON PROCUREMFNT, DISTRIRUTION AND SUPERVISION OF HAZARDOUS MATERIAL. 29 Article I Some provisions in this Regulation of the Min ister of Trude Number 44/M-DAG/PER/9/2009 can cerning, Procurement, Distribution and Supervision of Hazardous Mateial, have been amended so as to read as follows: 1. Provision in Article 1 has been amended so as to read as follows: Article 1 What is meant In this Regulation of the Minister by: 1. Hazardous Material hereinafter referred to as B2 shall be chemical substance and biologi cal substance, either rn single form of mixture form that may be hazardous to health and liv ing environment either directly or indirectly, having toxic nature, carsionic. teratonic. rnu tagenic, corrosive, and irritation. 2. Company shall be any type of individual busi ness or business entity owned by Indonesian citizen and domiciled within the territory of the Republic of Indonesia, either in the form of le\:jdl entity or non-leqal entity that runs business on B2 trading activities. 3. Producer of Hazardous Material hereinafter referred to as P-B2 shall be company pro ducing B2 domestically and holds Industrial Business License from the competent au thority. 4. Producer Importer of Hazardous Material here inafter referred to as IP-B2 shall be producer importer recoqnized bv the Directorate Gen eral of Overseas Trade and is granted license to 'Import allotted 82 'In eompliunee with the need for production process of the company concerned. 5, Registered Importer of Hazardous Material hereinafter referred to as IT -B2 shall be non producer Importer, possessing General Im porter Identification Number (API-U), which has obtained approval and is granted special duty from the Director General of Overseas Trade to import 82. 6. Registered Distributor of Hazardous Mate rial herernatter referred to as D I -1j2 shall be company appointed by P-B2 and/or IT-B2 and obtained special trading business license from the Director General of Domestic Trade for distribution of B2 to PT-B2 or directly to PA B2. 7. Company Branch Office shall be company constituting a unit or part of its mother com pany which may be domiciled in other differ ent place dan may be in the form of indepen dent company or is on duty to carry out some of the duties of its mother company. 8. Registered Retailier of Hazardous Mate rial hereinafter referred to as PT-B2 shall be company appointed by DT-B2 and obtained special business license for B2 from the Gov p.rnp.nr in this mattp.r. the Head of Provincial Service Office to sell B2 to PA-B2. 9. End User of Hazardous Material hereinafter re ferred to as PA-B2 shall be industrial company usi ng B2 as basic material/supporting mate rial processed by physical chemical, resulting in chanqe of p h vsi r al nature anrl chamicial thereof and obtained added value, and busi ness emily or ins tuuuon using 82 as support ing material based on its allotment that ob tained license from the competent authority. 10. Trading Business License for Hazardous Ma terial, hereina1ter referred to as SIUP-B2 shall be license certificate to enable to carry out special trading business activity on B2. 11. Procurement of B2 shall be process/provision activity of B2 by P-B2, IP-B2 and IT-B2. 12. Verification or review of Import Technicality shall be technical examination activity of irn ported product conducted at the purl o! road ing by the Surveyor. 13. Surveyor shall be survey company that has obtained authority to make technical verifica tion or review on imported product. 14. Distribution of B2 shall be distribution or cir culation and selling of B2 from IT-B2 and/or P-B2 to DTB2, from DT-B2 to PT-B2, from PT-B2 to PA-B2, or IT-B2 and/or P-B2 directly to PT-B2, or IT-B2 and/or P-B2 directly to PA B2. 15. Super vision ~;liall be a series of examination activities to control import, distribution and use of B2. 16. Examining Team shall be team conducting examination activity on the legal authentic of the company and physical existence of stor age place, repacking facilities and transport ing equipment used by DT-B2 for distribution of B2. 17. CAS Number Chemical Abstract Service) aholl be index system or registration of combined chemical adopted internationally, so as to enable to identify any chemical combination specifically. 18. Security Data Sheet (LDKl/Safety Data Sheet (SDS} shall be guideline containing informa tion on B2 concerning physical, chemical, type of hazard caused, methond of handling, and special action to be taken in emergency 19. Lable shall be any information on the B2 in rhe lort u of deplutior r. wr lttr rq , courblnauor , thereof or other form containing information on the B2 and information of the company and other information based on the statutory regulation, attached to the product, put into the product. placed at or constituting part of the package. 20. Package shall be material used to pack and/ or wrap B2, either directly in contact with the B2 or not. 21. Head of Provincial Service Office shall be Head of Provincial Service Dffice which duty and responsibility is in trade sector. 22. Head of Regency/Municipality Service Office shall be Head of Regency/Municipality Ser vice Office which duty and responsibility is in trade sector. 23. Director General of Overseas Trade hereinaf lt~1 re Ierr eu [0 d:; Director Ger ier al o I Over seas Trade shall be Director General which duty and responsibility is in overseas trade sector. 24. Director General of Domestic Trade, hereinaf ter referred to as Director General of Domes tic Trade shall be Director General which duty and responsibility in domestic trade sector. 25. Minister shall be Minister implementing ad ministrative matter in the trade sector. 2. The provisions in Article 2 have been amended so as to read as follows: Article 2 (1) Type of B2 as governed in import commercial procedure and which distribution consists of chemical substance which is hazardous to health and damaging livinc environmental conservation as set forth in Attachments and II to this Regulation of the Minister. (2) The type of B2 referred to in paragraph (1} may be reviewed based on progress. (3} The type of 82 referred to in paragraph {1) may be used or utilized only based on its al lotment. (4) The type of 82 referred to in paragraph (1) is prohibited from use and utilization for food and food related industrv. 3. Insert in between Article 5 and Article 6 three (3) Articles, namely Article 5A, Article 5B, and Article 5C so as to mad CIS follows: "Article 5A An y 62 impor [ by IP-62 ell III IT -62 rlld y be made only through the ports of destination cited below: a. sea port of BeJawan in Medan, Tanjung Prick In Jakarta, Tanjung Emas in Semarang, Tan jung Perak in Surabaya, and Soekarno Hatta in Makassar; and/or b. all international airports." Article GS (11 Any 82 Import conducted by IP-B2 and fT-B2 must first be verifited or reviewed technically by a Surveyor in the country of port of load ing prior to shipment. (2/ The result of verification or review of Import technicality conducted by the Surveyor shall be stipulated in the form of Surveyor Report (LSI to be used as customs supporting docu rnerit in settling customs matters on irnport matter. (31 All charges for verification or review on the Import Technicality conducted by the Sur veyor is borne by IP-B2 and IT-B2 concerned. Article 5C (11 Technical verification or review of Import re ferred to in Article 5B paragraph (1) shall be GOVERNMENT REGULATIONS conducted by a Surveyor duly appointed by the Minister. (2) The Surveyor referred to in paraqraph (1) must comply with the requirements below; e. possess Business License for Survey Scr vice (SIUJS); b. is experienced as Surveyor at least five (5) Years; c. has branch and/or representative office and/or affiliate overseas and has network to support effective verification service; and d. has track records in the field of import verification management. (3) The Surveyor referred to in paragraph (1) is obliged to suornit written report on recapitu lation of verification or review activities on 82 Import Technicality to the Director Gen eral of Overseas Trade in this matter the Di rector of Import each month on the fifteenth of the following month. 3. In.<:Art in bAtwAAn ArticlA?6 ann Article 27 one (1) Article, namely Article 26A so as to read as fol lows; "Article 26A Failing to implement his/her obligation re ferred to in Article 5C paragraph (3) the Survey or's license is subject to revocation as Surveyor of 82 Import." Article II This Regulation of the Minister takes effect on November 1, 2011. For public cognizance, this Regulation of the Minister shall be announced by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On September 7, 2011 MINISTER OF TRADE OF R.I., sgd. MARl ELKA PANGESTU (MAl BU'llne:;::; News 8 ii1t i I J' II 33