REGULATION OF THE MINISTER OF AGRICULTURE
No. 18/Permentan/OT.140/5/2006

CONCERNING
IMPLEMENTATION OF PLANT QUARANTINE ACTION OUTSIDE THE PLACE OF ENTRY AND EXIT

MINISTER OF AGRICULTURE,

Considering:

• a. that based on Government Regulation number 14 of 2002 concerning Plant Quarantine, plant quarantine actions can be conducted outside the places of entry and exit;
• b. that, in accordance with the provision as meant in letter a above, , it is necessary to arrange the implementation of plant quarantine action outside the place of entry and exit.

Referring to:

• 1. Law of Republic of Indonesia number 16 of 1992 concerning Animal, Fish, and Plant (Government Gazette of the Republic of Indonesia of the 1992 number 56, Additional Government Gazette number 3482);
• 2. Government Regulation number 14 of 2002 concerning Plant Quarantine (State Gazette of the Republic of Indonesia of 2002 number 35, Supplement to State Gazette number 4196);
• 3. Decree of the President of the Republic of Indonesia number 187/M 0f 2004 concerning Establishment of United Indonesia Cabinet (Kabinet Indonesia Bersatu);
• 4. President Regulation number 9 of 2005 concerning Status, Tasks, Functions, Authority, Organization Structure and Working system of Departments of the Republic of Indonesia;
• 5. President Regulation number 10 of 2005 concerning Organization Unit and Tasks of Echelon 1 in State Ministries of the Republic of Indonesia;
• 6. Decree of the Minister of Agriculture Number 469/Kpts/HK.310/2001 concerning Point of Entry and Exit of Carrier Media of Quarantine Pests Diseases of Plant;
• 7. Regulation of the Minister of Agriculture Number 299/Kpts/OT.140/ 7/2005 on Organization and Work System of the Agriculture Ministry;
• 8. Regulation of the Minister of Agriculture Number 341/Kpts/OT.140/9 /2005 on Organizational Elements and Work System of the Agriculture Ministry.
• 9. Regulation of the Minister of Agriculture Number 37/Kpts/HK.060/1/2006 on Technical Criteria Plant Quarantine Action for Importing Fruits and or Fresh Fruit Vegetables into Indonesian Territory.
• 10. Regulation of the Minister of Agriculture Number 38/Kpts/HK.060/1/2006 on Types Of Disturbing Organism Of Quarantine Plant Group I Of Categories A1 And A2, Group Ii Of Categories A1 And A2, Host Plant, Carrier Media And Its Distribution Area;

DECIDES

To stipulate:

REGULATION OF MINISTER OF AGRICULTURE CONCERNING IMPLEMENTATION OF PLANT QUARANTINE ACTION OUTSIDE THE PLACE OF ENTRY AND EXIT

CHAPTER I
GENERAL PROVISIONS

Article 1

As used in this regulation :

• 1. 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.
• 2. Plant is all types of plant natural resources in alive or dead condition, either processed or unprocessed.
• 3. Plant propagating materials is plant or parts thereof, in any condition or form, that are aimed to be grown to be used to propagate the plant.
• 4. Living plant product is a plant or parts thereof in living condition, but not aimed to or can not anymore be grown or used to propagate the plant.
• 5. Unprocessed dead plant products is a plant or parts thereof in dead condition, but not already experience a process that changes its original form and characteristics.
• 6. Processed dead plant products is a plant or parts thereof in dead condition and already experience a process that cause changes in its original form and characteristics as long as still possible to become carrier media of plant pest organism.
• 7. Other object is pathogenic materials, biologic materials, fish foods, materials for making of cattle and or fish foods, soil, compost, or other plant growing media, and vectors.
• 8. Other Carrier Media are rubbishes including food residues that containi plant originating materials.
• 9. 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.
• 10. Plant Quarantine Action is a inspection, isolation, observation, treatment, detention, refusal, destruction and release of carrier media of plant pest organisms and or quarantine plant pest organisms.
• 11. Plant quarantine installation hereinafter referred to as quarantine installation is a place together with all facilities in it that is used to conduct plant quarantine action.
• 12. Points of entry and exit is seaports, river ports, ferry ports, airports, post office, state border posts, and other places deemed necessary, that have been stipulated as the places to import and or carrier media of plant pest organism.
• 13. Plant quarantine action outside place of entry and exit, both inside the quarantine installation and in other places outside the quarantine installation.
• 14. Plant Quarantine Officer is a certain Civil Servant who is in charge of carrying out plant quarantine action based on prevailing statutory regulations.
• 15. Local Plant Quarantine Technical Implementation Unit, is the Plant Quarantine UPT in the place of entry and or exit, that adjacent to the site of plant quarantine action implementation.

Article 2

(1) This regulation is aimed as guidance for the Plant Quarantine Officers in implementing plant quarantine action outside the place of entry and exit.

(2) This regulation is purposed to smoothen the implementation of plant quarantine action.

Article 3

Scope of this regulation covers the plant quarantine action outside the place of entry and exit, both in the quarantine installation and in other places outside the quarantine installation.

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

First Part
General

Article 4

(1) Plant quarantine action outside the place of entry and exit can be carried out outside the place of entry and or exit, both inside the quarantine installation and in other places outside the quarantine installation.

(2) Plant quarantine action that is carried out outside the place of entry and exit as meant in paragraph (1) shall be conducted by the Plant Quarantine Officer.

(3) Plant quarantine action that is carried out in the quarantine installation outside the place of entry and or exit as meant in paragraph (1) include inspection, isolation, observation, treatment, detention, refusal and release.

(4) Plant quarantine action that is carried out in other places outside the quarantine installation outside the place of entry and or exit as meant in paragraph (1) include inspection, treatment, detention, destruction and release.

Article 5

The plant quarantine action as meant in Article 4 paragraph (1) can be conducted, if:

• a. the time to conduct plant quarantine action in the place of entry and exit is not enough a result of high frequency and volume of goods flow;
• b. No quarantine installation nor other places outside the quarantine installation in the place of entry and or exit available;
• c. Quarantine installation or other places outside the quarantine installation in the place of entry and or exit is insufficient to accommodate the carrier media that will be imposed with the plant quarantine action;
• d. any carrier media, plant pest organism and or certain quarantine plant pest organism by their nature cannot be imposed with plant quarantine action in the place of entry and or exit available;
• e. based on other prevailing statutory regulations, plant quarantine action can not be conducted in the place of entry and or exit available;

Article 6

(1) For plant quarantine action that is carried out in the quarantine installation outside the place of entry and or exit as meant in Article 4, the quarantine installation in question must comply with requirements in accordance with the prevailing provisions.

(2) In case the plant quarantine action is carried out in other places outside the quarantine installation as meant in Article 4, the other place in question must comply with requirements for use as a place to conduct plant quarantine action.

(3) Requirements as meant in paragraph (2) include, among other things:

• a. Such a place has environmental condition and situation able to secure the prevention of infection and or spread of plant pest organism and or quarantine plant pest organism;
• b. the place is equipped with permits in accordance with its designation issued by the competent authority;
• c. the place able to accommodate carrier media and its transportation tool;
• d. the place in a flood-free environment;
• e. environmental security;

(4) Further provision concerning the requirements of other places that can be used to conduct plant quarantine action as meant in paragraph (1) is stipulated by the Head of Agriculture Quarantine Board.

Article 7

(1) For implementation of plant quarantine action as meant in Article 4, the carrier media owner shall submit application together with its reasons to the head of Agriculture Quarantine Board cq. the Head of local Plant Quarantine Technical Implementation Unit.

(2) The head of Agriculture Quarantine Board cq. the Head of local Plant Quarantine Technical Implementation Unit by due observance to te provisions as meant in Article 6 paragraph (2), can either approve or refuse the application in writing.

Article 8

(1) Approval on another place for implementation of plant quarantine action as meant in Article 7 is valid for 1 (one) time and can be resubmitted for approval.

(2) Further provision concerning the requirements of other places that can be used to conduct plant quarantine action as meant in paragraph (1) is stipulated by the Head of Agriculture Quarantine Board.

Article 9

For purpose of implementation of plant quarantine action as meant in Article 4, the Owner of carrier media is responsible to make available the facilities, such as:

• a. the place to carryout plant quarantine;
• b. supply of materials and equipments which can not be provided by the Agriculture Quarantine Board;
• c. labour;
• d. transportation of carrier media to the place where the plant quarantine action is to be conducted;
• e. Maintenance of the carrier media;
• f. handling of the carrier media; and
• g. transportation, accommodation and consumption for Plant Quarantine Officer;

Second Part
Implementation of Plant Quarantine Action To the Importation of
Carrier Media, Other Carrier Media, Equipments And Wrapping Outside the Place of Entry

Article 10

(1) The carrier media, before being imposed with plant quarantine action as meant in Article 4, is obliged to fulfil plant quarantine requirements.

(2) The plant quarantine requirements as meant in paragraph (1), include:

• a. it shall be completed with Phytosanitary Certificate from the country of origin and the country of transit for plant and parts thereof, except carrier media categorized as other objects;
• b. it shall be through the determined place of entry;
• c. it shall be reported and delivered to the Plant Quarantine Officer in the places of entry for purpose of plant quarantine action.

(3) In addition to requirements as meant in paragraph (2) above, it is also obliged to fulfil additional requirements based on the Risk Analysis of Plant Pest Organism (AROPT)

(4) Further provision concerning the additional requirements as meant in paragraph (2) is stipulated by the Head of Agriculture Quarantine Board

Article 11

(1) After fulfilling requirements as meant in Article 10, the carrier media can undergo plant quarantine action outside the place of entry as meant in Article 4 paragraph (1), if such a carrier media has been delivered by the Owner to the Plant Quarantine Officer after fulfilling procedures of te Customs and Excise and Post Giro.

(2) The carrier media as meant in paragraph (1) above that will be brought to the quarantine installation or to other places outside the quarantine installation for plant quarantine action, must meet the following requirements:

• a. it shall use transportation tool that the Plant Quarantine Officer considers able to secure the prevention of infection and or spread of plant pest organism, such as not spilled on the way to the destination place; and
• b. it shall be under supervision of the Plant Quarantine Officer.

Article 12

For importation of carrier media in the form of plant propagating materials into the territory of the Republic of Indonesia that requires isolation and supervision, shall follow the following provisions:

• a. if the plant quarantine action will be conducted outside the place of entry in the same island, then the plant quarantine action shall be conducted by the Plant Quarantine UPT of the entry place and coordinating with the local Plant Quarantine UPT; or
• b. if the plant quarantine action will be conducted outside the place of entry in another island, then delivery from the Plant Quarantine UPT of the entry place to the local Plant Quarantine UPT shall be conducted for the plant quarantine action;
• c. release of carrier media as meant in letter b shall be conducted by the local Plant Quarantine UPT;

Article 13

(1) To the carrier media taking the form of plant propagating materials other than as meant in Article 12 and the plant product, plant quarantine action outside the place of entry, can be conducted by the Plant Quarantine UPT of the entry place or can be delegated from the Plant Quarantine UPT of the entry place to the local Plant Quarantine UPT;

(2) To the importation of equipments and wrapping, the plant quarantine action outside the place of entry can be conducted by the Plant Quarantine UPT of the entry place;

(3) To the importation of other carrier media, the destruction outside the place of entry can be conducted by the Plant Quarantine UPT of the entry place;

(4) Release of carrier media, equipment and wrapping as meant in paragraphs (1) and (2) shall be conducted by the local Plant Quarantine UPT;

Article 14

To other carrier media as meant in Article 13 paragraph (3) that will be brought out from the place of entry, it shall use transportation tool that the Plant Quarantine Officer considers able to secure the prevention of infection and or spread of plant pest organism, such as not spilled on the way to the destruction place.

Third Part
Implementation of Plant Quarantine Action To the Exportation of
Carrier Media, Other Carrier Media, Equipments And Wrapping Outside the Place of Entry

Article 15

(1) To the carrier media taking the form of plant and or parts thereof and the equipments and wrappings that will be exported from the territory of the Republic of Indonesia, other than the release action, plant quarantine action outside the place of entry shall be conducted by the Plant Quarantine UPT of the entry place and coordinating with the local Plant Quarantine UPT.

(2) The release action of carrier media and equipments as meant in paragraph (1) above shall be conducted by the Plant Quarantine UPT of the entry place;

Article 16

(1) To the importation of wrappings that will be exported from the territory of the Republic of Indonesia, treatment can be conducted by the Plant Quarantine UPT of the entry place or by third party under supervision of Plant Quarantine Officer of the Plant Quarantine UPT of the entry place;

(2) In the implementation of supervision to the treatment by third party as meant in paragraph (1), the Plant Quarantine UPT of the entry place can coordinate with the local Plant Quarantine UPT;

Article 17

The carrier media, equipments and wrappings that have undergone plant quarantine action by the local Plant Quarantine UPT as meant in Article 15 and will be brought to the place of exit, it shall use the packing place, storage and or transportation tool that the Plant Quarantine Officer considers able to secure the prevention of infestation and infection of plant pest organism during on the way to the exportation place.

Fourth Part
Implementation of Inter-Area Plant Quarantine Action To the
Carrier Media, Other Carrier Media, Equipments And Wrapping Outside the Place of Entry and Exit

Article 18

(1) To the carrier media taking the form of plant and or parts thereof and the equipments and wrappings that will be brought or delivered from one area to other areas within the territory of the Republic of Indonesia, the plant quarantine action outside the place of entry shall be conducted by the Plant Quarantine UPT of the entry place and coordinating with the local Plant Quarantine UPT.

(2) The release action of carrier media and equipments as meant in paragraph (1) above shall be conducted by the Plant Quarantine UPT of the entry place;

(3) To the importation of other carrier media that are brought with from another area within the territory of the Republic of Indonesia, destruction can be conducted outside the place of entry by the Plant Quarantine UPT of the entry place.

CHAPTER III
PLANT QUARANTINE SERVICE CHARGE

Article 19

To the implementation of plant quarantine action as meant in Art 4, quarantine service charge is imposed in accordance with the prevailing statutory regulations.

CHAPTER IV
CLOSING PROVISION

Article 20

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

Stipulated in Jakarta.
On May 30, 2006
MINISTER OF AGRICULTURE
Sgd.
ANTON APRIYANTONO