DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 520/MPP/Kep/8/2003

CONCERNING
BAN ON THE IMPORT OF HAZARDOUS AND TOXIC WASTE (B3)

THE MINISTER OF INDUSTRY AND TRADE,

Considering:

1. that to implement Article 21 of Law No. 23/1997 on Environmental Management and Government Regulation No. 18/1999 on the Control of Hazardous and Toxic Waste (B3) as has been amended by Government Regulation No. 85/1999, it is deemed necessary to ban the import of hazardous and toxic waste (B3);
2. that for its part, it is necessary to issue a decree of the Minister of Industry and Trade;

In view of:

1. Trade Ordinance of 1934 (Statute Book of 1938 No. 60) as has been amended and supplemented;
2. Law No. 7/1994 on the Ratification of Agreement Establishing The World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);
3. Law No. 10/1995 on Customs Affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
4. Law No. 21/1997 on Environmental Management (Statute Book of 1997 No. 68, Supplement to Statute Book No. 2699);
5. Government Regulation No. 18/1999 on the Control of Hazardous and Toxic Waste (Statute Book of 1999 No. 31, Supplement to Statute Book No. 3815) as has been amended by Government Regulation No. 85/1999 (Statute Book of 1999 No. 190, Supplement to Statute Book No. 3910);
6. Presidential Decree No. 260/1967 on the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Field of Foreign Trade;
7. Presidential Decree No. 28/M/2001 on the Formation of Mutual-Help Cabinet;
8. Presidential Decree No. 102/2001 on the Position, Task, Function, Authority, Organizational Structure and Work Mechanism of Ministry;
9. Presidential Decree No. 109 on the Organizational Unit and Task of First Echelon Officials of Ministry;
10. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on General Provisions in the Import Sector;
11. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on Goods Subject to Import Regulations as has been several times amended the latest by Decree of the Minister of Industry and Trade No. 417/MPP/Kep/6/2003;
12. Decree of the Minister of Industry and Trade No. 231/MPP/Kep/7/1997 on the Procedure for Importing Waste;
13. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the Organization and Work Mechanism of the Ministry of Industry and trade.

DECIDES:

To stipulate:

DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON BAN ON THE IMPORT OF HAZARDOUS AND TOXIC WASTE (B3).

Article 1

The import of hazardous and toxic waste (B3) as the residue of a business and/or activity containing hazardous and/or toxic waste which because of its nature and/or concentrate and/or quantity can directly or indirectly pollute and/or destroy the environment, and/or endanger the environment, health and survival of human beings as well as other creatures, as specified in Law No. 23/1997, shall be declared prohibited.

Article 2

All provisions related to the import and procedure for the import of hazardous and toxic waste (B3) as contained in Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on Goods Subject to Import Regulations and Decree of the Minister of Industry and Trade No. 231/MPP/Kep/7/1997 on the Procedure for Importing Waste shall be declared null and void.

Article 3

With the issuance of this Decree of the Minister of Industry and Trade, licences issued to importers/producers of hazardous and toxic waste (IP Limbah B3) and all rights arising from the issuance of licenses to import-ers/producers of hazardous and toxic waste shall be declared null and void.

Article 4

This Decree shall take effect as from the date of stipulation.

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

Stipulated in Jakarta
On August 28, 2003
THE MINISTER OF INDUSTRY AND TRADE,
sgd.
RINI M SUMARNO SUWANDI

DECREE OF THE MINISTER OF INDUSTRY AND TRADE No. 520/MPP/Kep/8/2003

CONCERNING BAN ON THE IMPORT OF HAZARDOUS AND TOXIC WASTE (B3)