a. that based on Article 2 paragraph 5 of Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provision on the Import of Ozone Layer Destructing Substances, importation of methyl bromide only can be executed until December 31, 2007;
b. that alternative substances of methyl bromide for fumigation needs in order of quarantine and pre-shipment that is proper technically and effective of its usage are not provided yet;
c. that based on Montreal Protocol, methyl bromide still can be used for quarantine and pre shipment activities;
d. that based on above considerations in paragraph a, paragraph b and paragraph c, and for supervision on the import of methyl bromide in the framework of quarantine and pre shipment treatment, it is necessary re-stipulate import of methyl bromide.
e. that based on considerations as intended in paragraph a, paragraph b, paragraph c, and paragraph d, it is necessary to stipulate Regulation of the Minister of Trade.
1. Trade Law 1934 (Statute Book No. 86 of 1938);
2. Law No. 5 of 1984 concerning Industry (Statute Book No. 22 of 1984, Supplement to Statute Book No. 3274);
3. Law No. 16 of 1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56 of 1992, Supplement to Statute Book No. 3482);
4. Law No. 23 of 1992 concerning Health (Statute Book No. 100 of 1992, Supplement to Statute Book No. 3495);
5. Law No. 7 of 1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57 of 1994, Supplement to Statute Book No. 3564);
6. Law No. 10 of 1995 concerning Customs (Statute Book No. 75 of 1995, Supplement to Statute Book No. 3612) as amended by Law No. 17 of 2006 (Statute Book No. 93 of 2006, Supplement to Statute Book No. 4661);
7. Law No. 23 of 1997 concerning Management of Life Environment (Statute Book No. 68 of 1997, Supplement to Statute Book No. 3699);
8. Law No. 8 of 1999 concerning Consumer Protection (Statute Book No. 42 of 1999, Supplement to Statute Book No. 3821);
9. Government Regulation No. 7 of 1973 concerning Monitoring on Distribution, Storage and Usage of Pesticide (Statute Book No. 12 of 1973);
10. Government Regulation No. 74 of 2001 concerning Management of Dangerous and Poisoned Substances (Statute Book No. 138 of 2001);
11. Government Regulation No. 14 of 2002 concerning Plant Quarantine (Statute Book No. 35 of 2002, Supplement to Statute Book No. 4196);
12. Presidential Decree No. 260 of 1967 concerning Confirmation on Duty and Responsibility of the Minister of Trade in Foreign Trade Field;
13. President Decree No. 23 of 1992 concerning Ratification of Vienna Convention for the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer as Adjusted and Amended by the Second Meeting of the Parties London, June 27-29, 1990;
14. Presidential Decree No. 92 of 1998 concerning Ratification of Montreal Protocol on Substances that Deplete the Ozone Layer, Copenhagen, 1992;
15. Presidential Decree No. 187/M of 2004 concerning Establishment of United Indonesia Cabinet as amended several times, the latest by Presidential Decree No. 171/M of 2007;
16. Presidential Regulation No. 9 of 2005 concerning Position, Duty, Function, Organization Structure and Work Flow of State Ministry of the Republic of Indonesia as amended by Presidential Regulation No. 94 of 2006;
17. Presidential Regulation No. 10 of 2005 concerning Unit of Organization and Duty of Echelon I of State Ministry of Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 17 of 2007;
18. Presidential Regulation No. 33 of 2005 concerning Ratification of Beijing Amendment To The Montreal Protocol On Substances That Deplete The Ozone Layer;
19. Presidential Regulation No. 46 of 2005 concerning Ratification of Montreal Amendment To The Montreal Protocol On Substances That Deplete The Ozone Layer;
20. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 concerning General Provision in Import;
21. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Working Flow of the Ministry of Trade as amended by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
22. Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provision on the Import of Ozone Layer Destructing Substances;
23. Regulation of the Minister of Agriculture No. 07/Permentan/SR.140/ 2/2007 concerning Requirement and Procedures of Pesticide Registration;
4 Regulation of the Minister of Industry No. 33/M-IND/PER/4/2007 concerning Ban to Produce the Ozone Layer Destruction Substances as well as to Produce Goods that use the Ozone Layer Destruction Substances;
25. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007 concerning Importer's Identity Number (API);
1. Letter of Head of Agriculture Quarantine Agency, Ministry of Agriculture No. 3415/88.540.420/L/11/07 dated November 29, 2007 concerning import permit of methyl bromide;
2. Letter of Deputy of Increasing of Natural Resources Conservation and Controlling of Life Environment Damage, State Ministry of Life Environment No. B-103/Dep.III/KLH/12/2007 dated December 28, 2007 concerning import regulation and methyl bromide usage;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS ON THE IMPORT OF METHYL BROMIDE FOR QUARANTINE AND PRE SHIPMENT NEED.
In this Ministerial Regulation:
1. Methyl Bromide is destruction material of ozone layer with Number of HS. 2903.39.00.00 and Number CAS 74-83-9.
2. Quarantine treatment with methyl bromide is a treatment for preventing the entry, stay and or spread the quarantine pest that is executed by authorized institution or appointed party.
3. Treatment of pre shipment with methyl bromide is fumigation action for the export product that is executed in time period at the longest for 21 (twenty one) days before exportation to fulfill the provision and or official request from importer country.
(1) Methyl Bromide as intended in Article 1 paragraph (1) is only can be imported for fumigation needs in the framework for quarantine and pre shipment treatment.
2. Methyl Bromide besides for the needs as intended in paragraph (1) is banned to be imported since January 1, 2008.
3. Import of methyl bromide as intended in paragraph (1) shall be reviewed and stipulated based on consideration of coordination meeting result inter related agencies/ministries and paying attention to the execution of Montreal Protocol provision.
Importation procedure of methyl bromide according to the import provision of ozone layer destruction material as intended in Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provision on the Import of Ozone Layer Destructing Substances.
1. Each implementation of methyl bromide importation is obliged to enclosed with additional label that is written "For Quarantine and Pre Shipment Only" from producer country.
2. Additional label as intended in paragraph (1) is obliged to be clearly printed and read easily, also not easily lost or destruct.
3. Provision about labeling as intended in paragraphs (1) and (2) shall come into force on April 1, 2008.
Violation to the provision in this regulation, shall be subjected the sanction according to the effective provision of regulations.
This Regulation shall come into effect on the date of stipulation.
For public cognizance, this Ministerial Regulation shall be published by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on December 28, 2007
THE MINISTER OF TRADE,
signed,
MARl ELKA PANGESTU