The International Plant Protection Convention of 1951 as amended in 1979;
DECREE OF THE MINISTER OF AGRICULTURE ON PLANT QUARANTINE REQUIREMENTS AND ACTIONS IN RELATION TO THE IMPORTATION INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA OF PLANTS AND PLANT PROPAGATING MATERIALS.
For the purpose of this Decree:
Any importation into the territory of the Republic of Indonesia of plants, including plant products, and plant propagating materials shall accord with the provisions of this Decree.
(1) Any importation into the territory of the Republic of Indonesia of plants, including plant product, shall be accompanied by a Phytosanitary Certificate.
(2) Any importation into the territory of the Republic of Indonesia of plant propagating materials shall be authorized under an Import Permit and accompanied by a Phytosanitary Certificate.
Import Permit referred to in Article 3 Paragraph (2) shall not be required in case the plant propagating materials :
(1) In addition to the requirements referred to in Article 3 Paragraph (2), any importation of plant propagating materials set out in Appendix I to this Decree shall undergo:
(2) In addition to the requirements referred to in Article 3 Paragraph (2), any importation of plant propagating materials set out in Appendix II to this Decree, shall undergo postentry quarantine.
(3) The designation of intermediate quarantine station and the technical procedures to be followed in performing intermediate quarantine shall be determined by the Director of the Centre for Agricultural Quarantine.
(1) Plant propagating materials set out in Appendix I to this Decree imported into the territory of the Republic of Indonesia without an Import Permit and a Phytosanitary Certificate, and/or do not meet the requirements referred to in Article 5 Paragraph (1), shall be refused entry or destroyed.
(2) Plant propagating materials set out in Appendix II to this Decree imported into the territory of the Republic of Indonesia without an Import Permit and a Phytosanitary Certificate, and/or do not meet the requirements referred to in Article 5 Paragraph (2), shall be refused entry or destroyed.
(3) Plant propagating materials other than those listed in Appendix I and Appendix II to this Decree imported into the territory of the Republic of Indonesia without an Import Permit and a Phytosanitary Certificate, and/or do not meet the requirements referred to in Article 5 Paragraph (1), shall be refused entry or destroyed.
(4) Plants, including plant products, imported into the territory of the Republic of Indonesia without a Phytosanitary Certificate or exemption from the required Phytosanitary Certifi-cate granted by the Director of the Centre for Agricultural Quarantine as referred to in Article 13, shall be refused entry or destroyed.
(5) Plants, including plant products, and/or plant propagating materials imported into the territory of the Republic of Indonesia in such a state of decay or damage that a health inspection is deemed to be impossible, shall be destroyed forthwith.
(1) Post-entry quarantine shall be performed in a government owned post-entry quarantine station operated by the Centre for Agricultural Quarantine.
(2) Post-entry quarantine can be performed in a station other than that referred to in Paragraph (1), to be designated by the Director of the Centre for Agricultural Quarantine.
(3) The designation of post-entry quarantine station by the Director of the Centre for Agricultural Quarantine referred to in Paragraph (2) shall be based on a proposal from the Chief of Regional Plant Quarantine Service whose region comprises the site where the post-entry quarantine station is located.
(4) Before submitting the proposal referred to in Paragraph (3), the Chief of Regional Plant Quarantine Service shall consult the Food Crop Agricultural Service or Estate Crop Agricultural Service of the Provincial Government concerned.
(1) Any importation into the territory of the Republic of Indonesia of plants, including plant products, and/or plant propagating materials shall only be permitted through the points of entry referred to in Appendix III to this Decree.
(2) Plants, including plant products, and/or plant propagating materials imported into the territory of the Republic of Indonesia through places other than those points of entry referred to in Paragraph (1), shall be refused entry or destroyed.
(1) At the time, the plants including plant products, and/or plant propagating materials arrive at one of the points of entry referred to in Article 8, for the purpose of health inspection the following submission procedures shall apply:
(2) Upon arrival at the point of entry, the plant propagating materials referred to in Paragraph (1) which are set out in Appendix I and/or Appendix II to this Decree shall immediately be forwarded to the post-entry quarantine station by or under the supervision of the plant quarantine inspector.
(1) Quarantine actions against plants, including plant products, and/or plant propagating materials other than those set out in Appendix I and/or Appendix II to this Decree, either as consignments or as hand carried luggage, shall be performed by the plant quarantine inspector at the point of entry.
(2) Under certain circumstances the quarantine actions referred to in Paragraph (1) can be performed outside the point of entry.
(3) For the purpose of the quarantine actions referred to in Paragraph (2), the plants, including plant products, and/or plant propagating materials, after having been unloaded from the vessel or aircraft or having been submitted to the plant quarantine inspector by the customs officer in the post office, shall be conveyed directly to the customs warehouse or quarantine inspection house, as the case may be, outside the point of entry.
(1) If after health inspection, the plant, including plant products, and/or plant propagating materials, are found:
(2) The certificate of release referred to in Paragraph (1) points a and b shall be issued by the Chief of Plant Quarantine Station.
(1) For the performance of post-entry quarantine, the plant propagating materials sent to the post-entry quarantine station shall first be grown for the purpose of observation and detection for quarantine pests.
(2) If from the observation, the plant propagating materials referred to in Paragraph (1) appear:
(3) The certificate of release referred to in Paragraph (2) points a and b shall be issued by the Chief of the Regional Plant Quarantine Service.
(1) Plants, including plant products, imported into the territory of the Republic of Indonesia without a Phytosanitary Certificate shall only be released if after having been subjected to health inspection and, if necessary, treatment, are found free from quarantine pests and in addition, a exemption from the required Phytosanitary Certificate has been granted by the Director of the Centre for Agricultural Quarantine.
(2) The Director of the Centre for Agricultural Quarantine shall only grant such an exemption in case the plants:
(3) The exemption from the required Phytosanitary Certificate as referred to in Paragraph (2) shall be granted only once to the same owner.
(1) Treatment of plants, including plant products, and/or plant propagating materials shall be performed by the plant quarantine inspector or any operator who has met certain requirements.
(2) In case the treatment is carried out by an operator as referred to in Paragraph (1), he shall follow the directions prescribed by the Director of the Centre for Agricultural Quarantine and the treatment shall be performed under the supervision of the plant quarantine inspector.
(1) The plants, including plant products, and/or plant propagating materials, the entry of which have been refused shall be safeguarded by the plant quarantine inspector against the escape of quarantine pests that might be present in the consignment.
(2) The plants, including plant products, and/or plant propagating materials, referred to in Paragraph (1) shall be re-exported within 14 working days.
(3) If after elapse of the specified time referred to in Paragraph (2) the plants, including plant products, and/or plant propagating materials have not been re-exported they shall be destroyed.
(1) The destruction of the plants, including plant products, and/or plant propagating.
(2) materials referred to in Article 6, Article 11 Paragraph (1)c, Article 12 Paragraph (2)c, Article 15 Paragraph (3) and of the quarantine pests referred to in Article 17 Paragraph (2) shall be carried out by the plant quarantine inspector.
(3) The execution of destruction referred to in Paragraph (1) shall be attended by the owner or his authorized representative and/or witnessed by the police officer and the customs officer or post office official.
(1) Quarantine pests falling into categories A1 and A2 as set out in Appendix IV to this Decree, shall be prohibited/prevented from being introduced into the territory of the Republic of Indonesia.
(2) The quarantine pests referred to in Paragraph (1) if introduced into the territory of the Republic of Indonesia shall be destroyed at the point of entry.
(1) All expenses incurred in the performance of quarantine actions including the following:
(2) Everything requisite for the performance of quarantine actions after official working hours and outside the plant quarantine premises administered by the Centre for Agricultural Quarantine shall be borne by the owner.
(1) For the performance of quarantine actions the owner shall pay fees to be prescribed by the Minister of Agriculture.
(2) All fees collected in connection with the performance of quarantine actions referred to in Para-graph (1) shall constitute the revenue of the State and shall be deposited in the State Treasury.
If in the proper performance of the duties of the plant quarantine inspector, loss or damage to the plants, including plant products, and/or plant propagating materials or delay in the clearance of the vessel or aircraft occurs, the government or the plant quarantine inspector shall be exempt from all claims for compensation for such loss or damage or delay.
The owner of the destroyed plants, including plant products, and/or plant propagating materials, and/or pests referred to in Article 16 Paragraph (1) shall have no right to claim for or receive any compensation.
The plant quarantine inspector designated as an investigation officer, shall be charged with the investigation of the punishable acts referred to in the ordinance of 27 September 1926 (Government Gazette 1926 No. 427) and Law No. 2/1961 (Government Gazette 1961 No. 9).
Plants, including plant products, and/or plant propagating materiols imported into the terri-tory of the Republic of Indonesia in contravention of the provisio, s of this Decree, shall be refused entry or destroyed.
This Decree shall come into effect on the day of issuance.
Issued in Jakarta
on 16th of January 1990
THE MINISTER OF AGRICULTURE,
Sgd
DR. WARDOJO