DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 110/MPP/Kep/1/1998

CONCERNING
THE PROHIBITION OF PRODUCTION AND TRADING OF OZONE DEPLETING SUBSTANCES AS WELL AS PRODUCTION AND TRADING OF NEW GOODS USING OZONE DEPLETING SUBSTANCES

THE MINISTER OF INDUSTRY AND TRADE,

Considering:

• a. that the ozone layer is very beneficial to the conservation of the environment, the protection of human health, the life of animals and vegetation, and the prevention of global warming,
• b. that in order to protect the ozone layer, the realisation of industrial and trade development must take care to control the use of substances which can cause damage to the environment especially depletion of the ozone layer;
• c. that in connection with the above matters, it is necessary to stipulate a ban on the production and trading of ozone depleting substances as well as the production and trading of goods using such substances;
• d. that in connection with the consideration in paragraph c., it is necessary to issue a decree of the Minister of Industry and Trade to this effect.

In view of :

• 1. Law No. 5/1984 on industrial affairs (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
• 2. Law No. 23/1992 on health affairs (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3495);
• 3. Law No. 7/1994 on ratification of the Agreement Establishing The World Trade Organisation (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);
• 4. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 57, Supplement to Statute Book No. 3612);
• 5. Law No. 23/1997 on the management of the environment (Statute Book of 1997 No. 68, Supplement to Statute Book No. 3699);
• 6. Presidential Decree No. 23/1992 on ratification of the Vienna Convention for the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer as adjusted and amended by the Second Meeting of the Parties;
• 7. The Decree of the Minister of Industry and Trade No. 29/MPP/SK/2/1996 on joint No. 92/MPP/Kep/4/1996 on the organisation and operational procedure of the Ministry of Industry and Trade.

DECIDES:

To stipulate:

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE CONCERNING THE PROHIBITION OF PRODUCTION AND TRADING OF OZONE EPLETING SUBSTANCES AS WELL AS PRODUCTION AND TRADING OF NEW GOODS USING OZONE DEPLETING SUBSTANCES.

Article 1

Hereinafter referred to as:

• 1. Substances shall be ozone depleting substances as contained in Attachment I to this decree.
• 2. Goods shall be products which in their system of operation need the substances as meant in paragraph 1., as listed in Attachment II to this decree.
• 3. New goods shall be products which in their system of operation need no substances as meant in paragraph 1. and are produced as from the date of stipulation of this decree.

Article 2

(1) The production of substances as meant in Article 1 paragraph 1. shall be prohibited.

(2) The production of goods as meant in Article 1 paragraph 2. using ozone depleting substances shall be prohibited.

(3) The ban on production of the substances and goods as meant in paragraphs (1) and (2) shall be effective as from the date of stipulation of this decree.

Article 3

(1) New goods shall make use of substances which cause no damage to the ozone layer.

(2) New goods using substances which cause no damage to the ozone layer shall carry logos as contained in Attachments III and IV to this decree.

Article 4

The substances and goods as meant in Article 1 paragraphs 1. and 2. which are still left after the stipulation of this decree shall only be traded and used up to January 1, 2005.

Article 5

Control over the implementation of provisions in Article 2 shall be conducted by relevant supervisory working units.

Article 6

Companies which violate the provisions in Article 2, Article 3 and Article 4 shall be liable to the administrative sanction of business licence revocation and other sanctions pursuant to the laws in force.

Article 7

The implementation of this decree shall be further stipulated by relevant technical working units within the Ministry of Industry and Trade.

Article 8

This decree shall come into force as from the date of stipulation.

For public cognizance, this decree shall be announced by publishing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On January 27, 1998
THE MINISTER OF INDUSTRY AND TRADE,
sgd.
T. ARIWIBOWO

Attachment