a. tha t Indonesia has rich natural resources which are among others in the form of forest as bio natural resources which is still free from several type of quarantine plant disturbing organism;
b. that quarantine plant disturbing organism can be carreid by wood packaging used in the international trade;
c. that to prevent the entry of quarantine plant disturbing organism through wood packaging into the territory of the Republic of Indonesia, it is necessary to stipulate requirements and procedures of taking plant quarantine action against imported wood packaging into the Republic of Indonesia;
1. Law No. 16/1992 concerning Quarantine on Animals, Fish and Plants (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
2. Law No. 7/1994 concerning Ratification of Agreement Establishing the Word Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
3. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book No. 35/2002, Supplement to Statute Book No. 4196);
4. Presidential Decision No. 2/1977 concerning Ratification of International Plant Protection Convention 1951 in conjunction with Presidential Decision No. 45/1990;
5. Presidential Decision No. 58/1992 concerning Ratification of Plant Protection Agreement for the Asia and Pacific Regions;
6. Presidential Decision No. 187/M/2004 concerning Establishment of Indonesia United Cabinet;
7. Presidential Regulation No. 9/2005 concerning Position, Mission, Functions, Organization Composition, and Work Mechanism, of State Ministries of the Republic of Indonesia in conjunction with Presidential Regulation No. 62/2005;
8. Presidential Regulation No. 10/2005 concerning Organization Units and Duties of First Echelon of State Ministries of the Republic of Indonesia;
9. Decision of the Minister of Agriculture No. 796/Kpts/TP.830/10/1984 concerning Import Plant to be used as packing to Republic of Indonesia Territory;
10. Decision of the Minister of Agriculture No. 469/Kpts/HK.310/8/2001 concerning Entry and Exit Places of Carrier Media of Disturbing Organisms to Quarantined Plants;
11. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/7/2005 concerning Organization and Work Mechanism of the Ministry of Agriculture in conjunction with Regulation of the Minister of Agriculture No. 11/Permentan/OT.140/2/2007;
12. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/9/2005 concerning Organization Accessories and Work Mechanism of the Ministry of Agriculture in conjunction with Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2007;
13. Regulation of the Minister of Agriculture No. 22/Permentan/OT.140/4/2008 concerning Organization and Work Mechanism of Agriculture Quarantine Technical Performing Units;
1. The International Plant Protection Convention of 1951 as has been amended the latest in 1997;
2. ISPM No. 15 (2002) on the revision of Annex I (2006): Guidelines for Regulating Wood Packaging Material in International Trade;
3. Notification to the WTO No. G/SPS/IDN/27 dated May 29, 2006 concerning Draft Decree of the Minister of Agriculture concerning Requirements of Wood Packaging and Plant Quarantine Action to Imported Wood Packaging Material into Republic of Indonesia;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING REQUIREMENTS AND PROCEDURES OF TAKING PLANT QUARANTINE ACTION AGAINST IMPORTED WOOD PACKAGING INTO THE REPUBLIC OF INDONESIA.
In this regulation:
1. "Wood packaging" refers to unprocessed wood or wood product used to support, pack or wedge in the transportation and/or to accompany parcels with a thickness of more than 6 mm.
2. "Quarantine plant disturbing organism, hereinafter callled as OPTK" refers to all kinds of plant disturbing organism set by the Agriculture Minister to prevent it from entering into and spreading in the territory of the Republic of Indonesia.
3. "Marking" refers to an official and internationally-acknowledged mark set by the Interim Commission on Phytosanitary Measures in the International Standard of Plant Health (ISPM) No. 15.
4. "Heat treatment" refers to an act of treating wood packaging using hot air at certain temperature and time.
5. "Fumigation" refers to an act of treating wood packaging using fumigant inside a gas-proof room at certain concentration, time and temperature.
6. "Plant quarantine officer" refers to a functional official controlling plant disturbing organism working for the plant quarantine agency.
7. "Wood packaging owner,.hereinafter called as owner" refers to an individual or corporate body having wood packaging and/or responsible for imported wood packaging.
8. "Release" refers to an act of releasing or allowing the free entry of wood packaging into the territory of the Republic of Indonesia by issuing a certificate of plant quarantine.
(1) This Regulation is designed to serve as guidelines for:
(2) This Regulation is designed to prevent the entry and spread of OPTIK carried by wood packaging into the Republic of Indonesia.
The scope of this regulation shall cover requirements and procedures of taking quarantine ast:ion to imported wood packaging into the Republic of Indonesia.
(1) The entry of wood packaging into the Republic of Indonesia shall meet the requirements:
(2) The mark as described in paragraph (1) letter d shall be as' contained in Attachment I which is an integral part of this Regulation.
The entry of wood packaging into the Republic of Indonesia which does not pass through the points of entry as described in Article 4 paragraph (1) letter a or is not reported as described in A~icle 4 paragraph (1) letter b or is not free from bark as described in Article 4 paragraph (1) letter c shall be denied entry.
(1) The reporting and handover of wood packaging to Plant Quarantine Officers at the points of entry for the purpose of quarantine action as described in Article 4 paragraph (1) b shall be done no later than the moment when wood packaging arrives before being released from the points of entry.
(2) The reporting as described in paragraph (1) shall be done in writing using a form as described in Attachment II which is an integral part of this Regulation.
The putting of mark as described in Article 4 paragraph (1) letter d shall be done by a party already registered by the authorized agency in the country of origin.
(1) Any imported wood packaging into the territory of the Republic of Indonesia shall be subject to quarantine action by a Plant Quarantine Officer.
(2) The quarantine action as described in paragraph (1) shall cover inspection, treatment, rejection, destruction and/or release.
(3) The quarantine action as described in paragraph (1) can be conducted on board or after being unloaded from the transport means, either at or outside the points of entry.
(4) In taking the quarantine action as described in paragraph (3) Plant Quarantine Officers can coordinate with relevant parties, including customs and excise offices and/or port administrators.
(1) The inspection as described in Article 8 paragraph (2) can be done at random.
(2) The inspection as described in paragraph (1) shall be done based among others on the analysis of plant disturbing organism risks, the country of origin, the type of packed commodity, and/or the performance of the owner.
The inspection as described in Article 9 is done to know the existence, truth and validity of mark, physical condition, conformity with technical provisions, as well as to detect the possibility of OPTK infestation such as those contained in Attachment III which is an integral part of this Regulation.
(1) If the results of inspection as described in Article 10 show that:
(2) After the treatment as described in paragraph (1) letters a and b has been completed, release shall be conducted.
(3) After the treatment as described in paragraph (1) letters c and d has been- completed and freed from OPTK release shall be conducted.
If treatment as described in Article 11 paragraph (1) cannot be conducted, rejection shall be imposed.
(1) If wood packaging subjected to rejection as described in Article 12 is not taken out of the territory of the Republic of Indonesia no later than 14 (fourteen) work days, it shall be subject to destruction.
(2) The destruction as described in paragraph (1) shall be stated in an official report on destruction.
(1) The treatment as described in Article 11, the rejection as described in Article 12, and/or the destruction as described in Article 13, shall become the responsibility of the owner and be conducted under the supervision of Plant Quarantine Officers.
(2) The expenses arising from the treatment, rejection, and/or destruction as described in paragraph (1) shall be borne by the owner.
The release as described in Article 11 shall be followed by the issuance of certificate of release as contained in attachment IV which is an integral part of this Regulation.
This Regulation shall come into force as from September 1, 2009.
For public cognizance, this Regulation shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on February 9, 2009
THE MINISTER OF AGRICULTURE,
sgd.
ANTON APRIYANTONO