REGULATION OF THE MINISTER OF AGRICULTURE
No. 37/Kpts/HK.060/1/2006

CONCERNING
TECHNICAL REQUIREMENTS PLANT QUARANTINE ACTION FOR IMPORTING FRUITS AND/OR
FRESH VEGETABLE FRUITS INTO INDONESIAN TERRITORY

BY THE GRACE OF GOD THE ALMIGHTY,
MINISTER OF AGRICULTURE,

Attachment

Considering:

• a. that fruit flies have been known as the main pest in many types of horticultural plant, that can reduce productivity of fruit and fresh vegetable fruits in home country;
• b. that the Minister of Agriculture No. 358/Kpts/OT.140/9/2005 has provided the Technical Requirements Plant Quarantine Action for Importing Fruits and or Fresh vegetable fruits into Indonesian Territory which found various impediments in its implementation;
• c. that based on letters (a) and (b) above, it is considered necessary to re-stipulate a Regulation of the Minister of Agriculture on Technical Requirements Plant Quarantine Action for Importing Fruits and or Fresh vegetable fruits into Indonesian Territory;

In view of:

• 1. The Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (The State Gazette/Governmental Gazette of 1992 No. 56, the Additional State Gazette No. 3482);
• 2. Law No. 7/1994 on Ratification of Agreement Establishing The World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 35);
• 3. Government Regulation No. 14/2002 on Plant Quarantine (Statute Book Of the Republic of Indonesia of 2002 No. 35, Supplement to Statute Book Of the Republic of Indonesia No. 4196);
• 4. Presidential Decree No. 2/1977 as amended by Presidential Decree No. 45/1990 on Ratification of the International Plant Protection Convention 1951;
• 5. Presidential Decree No. 58/1992 on Ratification of the Asian Plant Protection Convention;
• 6. Presidential Decree No. 187/M/2004 on Establishment of United Indonesian Cabinet (Kabinet Indonesia Bersatu);
• 7. Presidential Regulation No. 9/2005 on Status, Duties, Functions, Organizational Structure, and Work System of State Ministry Of the Republic of Indonesia;
• 8. Presidential Regulation No. 10/2005 on Unit Organization and Duties of the Echelon I of State Ministry Of the Republic of Indonesia;
• 9. Decree of the Minister of Agriculture No. 38/Kpts/HK.310/1990 on Requirements And Actions Of Plant Quarantine For The Entry Of Plant And Seeds Into The Territory Of The Republic Of Indonesia, Lastly Amended By The Decree Of The Minister Of Agriculture No. 211/KPTS/hk.310/4/2001;
• 10. Decree of the Minister of Agriculture No. 627/Kpts/PD.540/12/2003 joint Decree of the Minister of Agriculture No. 117/Kpts/PD.540/2/2004 on Types of Plant Quarantine Group I, II and its Carriers;
• 11. Decree of the Minister of Agriculture No. 469/Kpts/HK.310/8/2002 on Point of Entry And Exit of Carrier Media of Quarantine Pests Diseases of Plant;
• 12. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/7/2005 on Organization and Work System of the Agriculture Ministry;
• 13. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/9/2005 on Organizational Elements and Work System of the Agriculture Ministry.

Bearing in Mind:

Notification of WTO No. 6/SPS/N/IDN/24 dated 18 May 2005;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING TECHNICAL REQUIREMENTS PLANT QUARANTINE ACTION FOR IMPORTING FRUITS AND OR FRESH VEGETABLE FRUITS INTO INDONESIAN TERRITORY.

CHAPTER I
GENERAL PROVISION

Article 1

Hereinafter referred to as:

• 1. Fruits and or fresh vegetable fruits shall be fruit and vegetable crops that take the form of meaty fruit, either intact or a part thereof and unprocessed into processed materials, that are still potential as plant pest organism carrier media.
• 2. Quarantine Plant Pest Organism shall be all plant pest organisms that are stipulated by Minister of Agriculture to be prevented from entering into and spreading in the Indonesian territory.
• 3. Plant Pest Organism Carrier Media hereinafter referred to as Carrier Media shall be a plant and parts thereof and or other things that may carry a quarantine plant pest organism.
• 4. Plant Pest Organism Risk Analysis shall be a process to stipulate that a Plant Pest Organism constitutes a quarantine plant pest organism or important plant pest organism, and to determine proper requirements and plant quarantine actions to prevent the plant pest organism from entering and spreading.
• 5. Carrier Media Transport Tool shall be all land, water, air transportation means that are used to traffic the carrier media.
• 6. Phytosanitary Certificate shall be a certificate issued by the competent authority in the country or area of origin / sender/transit, stating that the plants or parts of plants mentioned therein are free from Plant Pest Organism, Quarantine Plant Pest Organism, Quarantine Plant Pest Organism of Group I, Quarantine Plant Pest Organism of Group II, and or Important Plant Pest Organisms and have fulfilled the prescribed plant quarantine requirements and or stating other necessary information.
• 7. Import Place shall be sea port, river port, ferry port, air port, post office, guard post in borderlines with another country and other places considered necessary, that are stipulated as places for entry of plant pest organism carrier media.
• 8. Plant Quarantine Officer shall certain civil servants be who are in charge of plant quarantine actions based on the prevailing statutory regulations.
• 9. Owner shall be a person or legal entity who has and or is responsible for entry of fruits and or fresh vegetable fruits.

Article 2

(1) This regulation is aimed as guidelines for the Plant Quarantine Officers to implement technical requirements and to conduct plant quarantine actions to the importation of fruits and or fresh vegetable fruits into the Indonesian Territory.

(2) Purpose of this regulation is in order that the fruits and or fresh vegetable fruits that enter into the Indonesian Territory are free from fruit flies.

Article 3

Scope of this regulation covers the technical requirements of importation, plant quarantine actions and importation places of fruits and or fresh vegetable fruits.

CHAPTER II
TECHNICAL REQUIREMENTS
FOR IMPORTING FRUITS AND OR FRESH VEGETABLE FRUITS

Article 4

Fruits and or fresh vegetable fruits that are imported into the Indonesian Territory, are obliged to:

• a. be equipped with Phytosanitary Certificate from the country of origin and the country of transit;
• b. pass through the determined importation places;
• c. be reported and delivered to the Plant Quarantine Officer in the importation places for plant quarantine action propose.

Article 5

Importation of fruits and or fresh vegetable fruits into the Indonesian Territory can be originating from the production areas in the country of origin that is free from infestation of quarantine plant pest organism as specified in the Attachment to this Regulation or originating from area the production areas in the country of origin that is not free from infestation of quarantine plant pest organism.

Article 6

Importation of fruits and or fresh vegetable fruits into the Indonesian Territory originating from the production areas in the country that is free from infestation as meant in Article 5, must be stated in the column of Additional Declaration on the Phytosanitary Certificate accompanying the delivery.

Article 7

(1) Importation of fruits and or fresh vegetable fruits into the Indonesian Territory originating from the production area that is not free from infestation of quarantine plant pest organism as meant in Article 5 must be undergo treatment.

(2) Treatment as meant in paragraph (1) shall, among others, take the form of cooling at a proper temperature in accordance type of the fruits and or fresh vegetable fruits and type of fruit flies to be prevented, and stated in the column treatment on the Phytosanitary Certificate accompanying the delivery.

(3) Further provisions concerning treatment as meant in paragraph (1) are stipulated by the Head of Agricultural Quarantine Agency.

Article 8

Fruits and or fresh vegetable fruits as meant in Article must be wrapped/packed, such as using carton and plastic, and be transported with container that is equipped with cooler.

Article 9

(1) For freight, the Owner shall notify the plan of importation of fruits and or fresh vegetable fruits to the Head of Agricultural Quarantine Agency cq. the Head of Technical Executive Unit of Plant Quarantine in the designated importation place.

(2) Notification as meant in paragraph (1) shall be submitted before loading onto the transportation means in the exportation place in the country of origin.

(3) Notification of importation plan as meant in paragraph (1) shall include, among others, quantity, type, mark, packing type, type of transportation means, container, exportation place in the country of origin, importation place, and transit place.

Article 10

The Head of Agricultural Quarantine Agency cq. the Head of Technical Executive Unit of Plant Quarantine in the importation place, with due observance to the provisions in Article 5, Article 6, Article 7, and Article 8, shall reply the importation plan as meant in Article 9.

Article 11

Provisions as meant in Article 9 and Article 10, shall also applicable to fruits and or fresh vegetable fruits in the form of goods carried by passengers and postal delivery service.

Article 12

(1) In order to know where a production area in the country of origin is free or not from infestation of quarantine plant pest organism, survey can be conducted in the production area in the country of origin by the Plant Quarantine Officer and or another official appointed by the Head of Agricultural Quarantine Agency.

(2) Survey as meant in paragraph (1) shall be conducted in consideration to the risk analysis of plant pest organism especially fruit flies and conducted in accordance with the standards stipulated by the International Park Protection Convention (IPPC Secretariat--Food and Agriculture Organization) and other standards that have been published.

(3) Cost incurred from the survey as meant in paragraph (1) shall be charged to the Budget of Agricultural Quarantine Board and or the Owner.

CHAPTER III
PLANT QUARANTINE ACTIONS

Article 13

(1) Fruits and or fresh vegetable fruits as meant in Article 5 that are imported into the Indonesian Territory not compliant with the provisions as meant in Article 4, Article 6 or Article 7, Article 8 and Article 9 are rejected or destroyed.

(2) Rejection as meant in paragraph (1) shall take the form of redelivery action to the country of origin or another country.

Article 14

(1) Health examination to the fruits and or fresh vegetable fruits shall be conducted by the Plant Quarantine Officer after the plant quarantine requirements and the technical requirements have been met.

(2) The Plant Quarantine Officer shall uncover or instruct another person to uncover containers together with the Customs and Excise Officer, and witnessed by the Owner of fruits and or fresh vegetable fruits in the importation place or outside the importation place both inside and outside the installation of plant quarantine.

Article 15

(1) If, after the health check as meant in Article 14 paragraph (1) has been conducted, it is found that the fruits and or fresh vegetable fruits are not free from the quarantine plant pest organism as meant in Article 5, then treatment shall be conducted.

(2) If, after the treatment as meant in paragraph (1) has been conducted, it is found that the fruits and or fresh vegetable fruits are not free from the quarantine plant pest organism as meant in Article 5, then the relevant fruits and or fresh vegetable fruits shall be abolished that is witnessed by the competent authority and a minutes of abolition shall be drawn up.

(3) If, after the treatment as meant in paragraph (1) has been conducted, it is found that the fruits are free from quarantine plant pest organism as meant in Article 5, then the relevant fruits and or fresh vegetable fruits shall be cleared by issuing clearance certificate.

Article 16

All costs required in implementation of rejection or abolitions as meant in Article 13 and Article 15 shall be liability and born by the Owner of fruits and or fresh vegetable fruits.

CHAPTER IV
IMPORTATION PLACES

Article 17

Places for importation of fruits and or fresh vegetable fruits as meant in Article 4 letter b, consist of:

• 1. Tanjung Priok Seaport, Jakarta.
• 2. Tanjung Perak Seaport, Surabaya.
• 3. Belawan Seaport, Medan.
• 4. Batu Ampar Seaport, Batam.
• 5. Soekarno-Hatta Airport, Jakarta.
• 6. Ngurah Rai Airport, Denpasar.
• 7. Makassar Seaport.

(2) Based on technical and strategic considerations, the importation of fruits and or fresh vegetable fruits upon approval of the Minister of Agriculture can be conducted outside the importation places as meant in paragraph (1).

(3) The importation places that are stipulated in the Decree of the Minister of Agriculture No. 469/Kpts/HK.310/8/2001 shall remain be valid for importation of carrier media Quarantine Plant Pest Organism of other than fruits and or fresh vegetable fruits.

Article 18

This Decree shall be implemented at the latest 2 (two) months after the date of stipulation.

Article 19

With enactment of this Regulation, the Regulation of the Minister of Agriculture No. 358/Kpts/OT.140/9/2005 is declared null and void.

CHAPTER V
CLOSING PROVISION

Article 20

This Decree comes to force as of the date of stipulation.

Stipulated in Jakarta.
On : 27 January 2006
THE MINISTER OF AGRICULTURE,
sgd
ANTON APRIYANTONO

Copies of this Decree are sent to:

• 1. The Head of Financial Controlling Agency;
• 2. The Coordinating Ministry of Economy;
• 3. The Minister of Foreign Affairs;
• 4. The Ministry of Internal Affair;
• 5. The Ministry of Finance;
• 6. The Minister of Telecommunications;
• 7. The Minister of Law and Human Rights;
• 8. The Minister of Marine Affairs and Fishery;
• 9. The Minister of Forestry;
• 10. The Minister of Trade;
• 11. The Chief of Police of The Republic of Indonesia;
• 12. The Attorney General of the Republic of Indonesia;
• 13. The Head of Financial and Developmental Inspection Agency;
• 14. The Head of State Intelligence Board;
• 15. Director General for Customs Office;
• 16. Director General for Forest Protection and Nature Conservation, Ministry of Forestry;
• 17. The Officials of the Echelon I in the circle of Ministry of Agriculture;
• 18. The Provincial Governors throughout the Republic of Indonesia.

Attchment of REGULATION OF THE MINISTER OF AGRICULTURE
No. 37/Kpts/HK.060/1/2006