REGULATION OF THE MINISTER OF AGRICULTURE
No. 271/Kpts/HK.310/4/2006

CONCERNING
REQUIREMENTS AND PROCEDURE FOR IMPLEMENTATION OF
CERTAIN PLANT QUARANTINE ACTIONS BY THIRD PARTY

MINISTER OF AGRICULTURE,

Considering:

• a. that in the framework of smooth implementation of plant quarantine action, Third Parties can be determined for implementing certain plant quarantine actions;
• b. that, based on considerations as meant in letter a, and in order to follow up Article 72 of the Government Regulation No. 14/2002 concerning Plant Quarantine, it is necessary to arrange the implementation of plant quarantine action by Third Party.

Referring to:

• 1. Law of Republic of Indonesia No. 16/1992 concerning Animal, Fish, and Plant (Government Gazette of the Republic of Indonesia of the 1992 No. 56, Additional Government Gazette No. 3482);
• 2. Government Regulation No. 14/2002 concerning Plant Quarantine (State Gazette of the Republic of Indonesia of 2002 No. 35, Supplement to State Gazette No. 4196);
• 3. Decree of the President of the Republic of Indonesia No. 187/M/2004 concerning Establishment of United Indonesia Cabinet (Kabinet Indonesia Bersatu);
• 4. President Regulation No. 9/2005 concerning Status, Tasks, Functions, Authority, Organization Structure and Working system of Departments of the Republic of Indonesia;
• 5. President Regulation No. 10/2005 concerning Organization Unit and Tasks of Echelon 1 in State Ministries of the Republic of Indonesia;

CHAPTER I
GENERAL PROVISIONS

Article 1

As used in this regulation:

• 1. Plant Quarantine is an activity as an effort of preventing the entry and dissemination of plant pest organisms form overseas and from one area to another within, or the exit of them from, the territory of the Republic of Indonesia;
• 2. Certain Plant Quarantine Action is a physical check, isolation, observation, treatment and destruction of carrier media of plant pest organisms and or quarantine plant pest organisms and or pest organisms of important plants, equipments, packing, transportation tools, ad other carrier media;
• 3. Physical Check is an examination of carrier media of plant pest organism that is conducted with a purpose to detect and identify the presence of quarantine plant pest organism and or important plant pest organism in the carrier media, equipments, packing, transportation tools, and other carrier media;
• 4. Isolation is an action to place carrier media of plant pest organism in an isolated place;
• 5. Observation is an action to detect possible presence of plant pest organism in the carrier media of plant pest organism in the isolated place that by its nature needs prolong time, special facilities and conditions;
• 6. Treatment is an action to that is conducted physically, chemically or mechanically with a purpose to free the carrier media or plant pest organism, equipments, packing, transportation tools, and other carrier media from plant pest organisms;
• 7. Destruction is an action to destroy carrier media of plant pest organism, equipments, packing, transportation tools, and other carrier media, by means of burying, burning, demolishing, and any other manners so that impossible anymore t be a source of spreading of quarantine plant pest organism;
• 8. Carrier Media of Plant Pest Organism hereinafter referred to as Carrier Media is a plant and parts thereof and or other objects which is able to carry Quarantine Plant Pest Organism and Quarantine Plant Pest Organism;
• 9. Plant is all types of plant natural resources in alive or dead condition, either processed or unprocessed;
• 10. Other Carrier Media are rubbishes that take the form of, among other things, food residues containing plant materials and plant products;
• 11. Other objects include pathogenic materials, biologic materials, food materials, bio-control facilities, propagating organisms, soil, compost, or other plant growing media or vectors;
• 12. Transportation tools are all land, water and air transportation tools that are used to transport carrier media;
• 13. Packing is plant that exists in concomitant with or accompanying other materials used as wrapper, filler, tier, layer, cover, and humidity resistant;
• 14. Third Party is person or legal entity who has knowledge, expertise, ability, facilities and infrastructures and equipments to conduct certain plant quarantine action;
• 15. Plant Quarantine Officer is a certain Civil Servant who is in charge of carrying out plant quarantine action based on prevailing statutory regulations;
• 16. Local Plant Quarantine Technical Implementation Unit, hereinafter referred to as Local Plant Quarantine UPT is the UPT in the entry and exit point of carrier media of Plant Pest Organism and or Quarantine Plant Pest Organism;
• 17. Assessment is an activity that is carried out to know ability of third party in meeting the prescribed requirements for implementation of certain plant quarantine actions;
• 18. Evaluation is an activity that is conducted periodically or at any time to know consistency of Third Party in meeting the prescribed requirements;
• 19. Corrective action is any effort made to repair any incompliance to or discrepancy from the prescribed requirements;
• 20. Evaluation is an activity that is conducted to know corrective actions taken by Third Party.

Article 2

(1) This regulation is aimed as guidance in implementation of certain plant quarantine action by Third Party.

(2) This regulation is purposed that the certain plant quarantine actions by Third Party are implemented in accordance with the prescribed requirements and procedures.

Article 3

Scope of this regulation covers requirements and procedures of certain plant quarantine action by Third Party.

CHAPTER II
REQUIREMENTS OF THIRD PARTY TO CARRY OUT CERTAIN PLANT QUARANTINE ACTION

Article 4

(1) Certain plant quarantine action by Third Party can be carried out, if:

• a. knowledge and expertise of local Plant Quarantine Officer is limited in term of conducting identification to the plant pest organism of certain quarantine plants and in carrying out certain plant quarantine action;
• b. facilities and infrastructures to carry out certain plant quarantine action in local Plant Quarantine UPT are still limited; or
• c. the local plant quarantine officers are still limited in number.

(2) Certain plant quarantine action can be carried out by Third Party based on assignment from local Plant Quarantine UPT with minutes of assignment.

(3) Certain plant quarantine action is carried out by Third Party under supervision of Plant Quarantine Officer.

(4) Certain plant quarantine action is carried out by Third Party in the place that is used to conduct quarantine action.

(5) Further provision concerning the place that is used to conduct certain plant quarantine action as meant in paragraph (4) is regulated by the Head of Agriculture Quarantine Board.

Article 5

(1) Individual Third Party can conduct certain plant quarantine action in the form of physical check.

(2) Legal Entity Third Party can conduct certain Plant Quarantine Action in the form of physical check, isolation, observation, treatment and destruction.

(3) Third Parties as meant in paragraphs (1) and (2) can conduct certain plant quarantine action after obtaining Approval of the Head of Agriculture Quarantine Board.

Article 6

(1) Approval as meant in Article 5 paragraph (3) can be given to an Individual Third Party if he/she meets the following requirements, including:

• a. Indonesian National;
• b. having knowledge, expertise and ability regarding with plant quarantine action;
• c. equipped with facilities and infrastructures for carrying out certain plant quarantine action to be conducted.

(2) Approval as meant in Article 5 paragraph (3) can be given to a Legal Entity Third Party if it meets the following requirements, including:

• a. Indonesian Legal Entity;
• b. equipped with permits in accordance with the line of business it conducts and issued by the competent authority;
• c. having place, infrastructures and facilities and equipments to carryout certain plant quarantine action to be conducted; and
• d. having expert personnel who have knowledge and expertise to conduct certain plant quarantine action.

(3) Further provisions concerning the requirements of knowledge, expertise, ability, facilities and infrastructures and equipments as meant in paragraphs (1) and (2) are regulated by the Head of Agriculture Quarantine Board.

CHAPTER III
PROCEDURE FOR IMPLEMENTATION OF CERTAIN PLANT QUARANTINE ACTION BY THIRD PARTY

Article 7

(1) Third Party may submit written application to the Head of Agriculture Quarantine Board via the Head of local Plant Quarantine UPT furnished with requirements as meant in Article 6.

(2) The Head of local Plant Quarantine UPT as meant in paragraph (1) is to verify the fulfilment of requirements as meant in Article 6.

(3) Assessment to the fulfilment of requirements as meant in paragraph (2) is to be conducted by the Plant Quarantine Officer who is appointed by the Head of local Plant Quarantine UPT.

(4) Results of assessment as meant in paragraph (3) is submitted by the Plant Quarantine Officer to the Head of local Plant Quarantine UPT for recommendation to the Head of Agriculture Quarantine Board.

(5) Based on Recommendation of the Head of local Plant Quarantine UPT as meant in paragraph (4), the Head of Agriculture Quarantine Board can either approve or refuse the application for the implementation of certain plant quarantine action by Third Party.

(6) If the application is approved as meant in paragraph (5), is shall be stipulated in a Decision of the Head of Agriculture Quarantine Board.

Article 8

(1) Period for determination of the implementation of certain plant quarantine action by Third Party as meant in Article 7 paragraph (6) is as follows:

• a. physical check for the period of 1 (one) year in maximum;
• b. isolation and observation for the period of 5 (five) years in maximum;
• c. treatment for the period of 2 (two) years in maximum;
• d. destruction for the period of 1 (one) year in maximum.

(2) Determination of periods as meant in paragraph (1) can be extended if necessary and, after evaluation, still meeting the requirements as meant in Article 6.

Article 9

Third Party who has obtained determination as meant in Article 7 paragraph (6) and Article 8, in order to implement certain plant quarantine action, is obliged to submit monthly report in writing to the Head of Agriculture Quarantine Board through the Head of local Plant Quarantine UPT.

Article 10

(1) Third Party who has been determined as meant in Article 7 paragraph (6) and Article 8 is evaluated at least 1 (one) time in 6 (six) months.

(2) Evaluation as meant in paragraph (1) is conducted by the Plant Quarantine Officer and or Another Party appointed by the Head of Agriculture Quarantine Board upon proposition of the Head of local Plant Quarantine UPT.

Article 11

• a. If, from the evaluation results as meant in Article 10, it if found that the Third Party fails to perform in accordance with the provisions as meant in Articles 5 and 6, a warning will be given to the Third Party to make correction.
• b. Warning to make correction as meant in paragraph (1) must be conducted immediately, in any event not later than 30 (thirty) days as from the date when the warning is received.
• c. If within 30 (thirty) days as contemplated in paragraph (2) the Third Party fails to make correction in accordance with the provision as meant in Article 5 and Article 6, such a stipulation on implementation of certain plant quarantine action will be proposed to the Head of Agriculture Quarantine Board for revocation.

Article 12

Stipulation on implementation of certain plant quarantine action by Third Party is revoked, in the event:

• a. fails to submit monthly report in 3 (three) months consecutively;
• b. fails to perform provisions as meant in Article 11 paragraph 2;
• c. time limit as meant in Article 8 paragraph (1) is not extended; or
• d. relinquished by Third Party to the Head of Agriculture Quarantine Board through the Head of local Plant Quarantine UPT.

CHAPTER IV
CLOSING PROVISION

Article 13

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

Stipulated in Jakarta.
On : April 12, 2006
MINISTER OF AGRICULTURE
ANTON APRIYANTONO