REGULATION OF THE MINISTER OF TRADE
No. 26/M-DAG/PER/6/2009

CONCERNING
AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NO. 58/M-DAG/PER/12/2008
CONCERNING THE IMPORT OF NON HAZARDOUS AND TOXIC (NON-B3) WASTES

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

a. that in an effort to ensure effective and efficient implementation of a policy on the importation of non hazardous and toxic (non-83) waste, it is necessary to review the period of time to conduct technical verification or inspection of non-B3 waste imports as intended in numbers 6 until 63 in Attachment I to Regulation of the Minister of Trade No. 58/M-DAG/PER/12/2008;
b. that in consideration of the matter in letter a, it is necessary to stipulate a Regulation of the Minister of Trade;

In view of:

1. Trade Law of 1934 (Statute Book No. 86/1938);
2. Law No. 5/1984 concerning Industrial Affairs (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);
3. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
4. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
5. Law No. 23/1997 concerning Environmental Management (Statute Book No. 68/1997, Supplement to Statute Book No. 3699);
6. Government Regulation No. 18/1999 concerning the Management of Hazardous and Toxic Waste (Statute Book No. 31/1999, Supplement to Statute Book No. 3815) as amended by Government Regulation No. 85/1999 (Statute Book No. 190/1999, Supplement to Statute Book No. 3910);
7. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
8. Presidential Decree No. 61/1993 concerning the Ratification of Basel Convention on The Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Statute Book No. 62/1993);
9. Presidential Decree No. 187/M/2004 concerning the Formation of United Indonesia Cabinet as amended several times the latest by Presidential Decree No. 171/M/2005;
10. Presidential Regulation No. 9/2005 concerning the Position, Task, Function, Organizational Structure and Work Mechanism of Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
11. Presidential Regulation No. 10/2005 concerning the Organizational Unit and Task of First Echelon Officials of Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 21/2008;
12. Decree of the Minister of Trade and Industry No. 229/MPP/Kep/7/1997concerning General Provisions in Import;
13. Decree of the Industry and Minister of Trade No. 520/MPP/Kep/8/2003 concerning Ban on the Import of Hazardous and Toxic Wastes (B3);
14. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organizational Structure and Work Mechanism of the Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
15. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007 concerning Importer's Identification Number (API);
16. Regulation of the Minister of Trade No. 58/M-DAG/PER/12/2008 concerning Provisions on the Import of Non-Hazardous and Toxic (Non B3) Wastes;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NO. 58/M-DAG/PER/12/2008 CONCERNING THE IMPORT OF NON HAZARDOUS AND TOXIC (NON B3) WASTES

Article I

Provisions in Article 8 paragraph (5) and paragraph (9) of Regulation of the Minister of Trade No. 58/MDAG/PER/12/2008 on the Import of Non-Hazardous and Toxic (Non B3) Wastes shall be amended so that Article 8 reads as follows:

"Article 8

(1) Any import of non-B3 wastes by IP of non-B3 wastes shall be subject to technical verification or inspection in the country of loading prior to shipment.

(2) The technical verification or inspection as intended in paragraph (1) shall be conducted by the surveyors fulfilling technical qualifications set by the Minister.

(3) The scope of the technical verification or inspection as intended in paragraph (1) shall cover:

a. correct and clear identities (names and addresses) of the importer and exporter;
b. number and date of acknowledgement as W of non B3 wastes;.
c. amount/volume or weight, types and specifications as well as headings of imported non-B3 wastes;
d. information on the time and the exporting country/port of loading imported non-B3 wastes;
e. information on the place or port of destination/unloading imported non-B3 wastes;
f. information that imported non B3 wastes are not B3 wastes; and
g. other information considered necessary.

(4) The technical verification or inspection as intended in paragraph (1) particularly for non-B3 wastes numbers 1 until 5 in Attachment I to this Ministerial Regulation shall be conducted by PT. Surveyor Indonesia (PT. SI) and PT. Superintending Company of Indonesia (PT. SUCOFINDO) or other surveyors that meet technical qualifications and conduct technical verification or inspection in accordance with the scope as intended in paragraph (3).

(5) The technical verification or inspection as intended in paragraph (1) for the import of non-B3 wastes numbers 6 until 63 in Attachment to this Ministerial Regulation can be conducted by the surveyors that have been appointed by the relevant IP of non B3 wastes until September 24, 2009 and conduct technical verification or inspection in accordance with the scope as intended in paragraph (3).

(6) The results of technical verification or inspection based on the scope as intended in paragraph (3) shall be contained in a surveyor's report (LS) to be used as a supplement to customs documents in the customs settlement in the import sector.

(7) The surveyors must be responsible for the results of technical verification or inspection as intended in paragraph (6).

(8) If the imported non-B3 wastes prove to be 83 wastes as intended in Article 6 paragraph (1) letter b based on the results of technical verification or inspection conducted by the surveyors as intended in paragraph (5), the re-export of the said wastes shall become the responsibility of the relevant IP of non-B3 wastes.

(9) After September 24, 2009, technical verification or inspection of imported non-B3 wastes numbers 6 until 63 in Attachment I to this Ministerial Regulation shall be conducted by the surveyors appointed by the Minister as intended in paragraph (2).

(10) Non-B3 wastes in bulk shall be transhipped in a transit port and subject to repeat technical verification or inspection at the time non-B3 wastes are to be reloaded onto the ship.

(11) The surveyors shall collect recompenses from importers for the technical verification or inspection as intended in paragraph (1) and paragraph (10) and the amount of recompenses shall be set under the principles of benefit.

(12) The surveyors as intended in paragraph (2) shall submit monthly reports on their technical verification or inspection to the Director General."

Article II

This Ministerial Regulation shall come into force as from the date of stipulation.

For public cognizance, this Ministerial Regulation shall be announced by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on June 23, 2009
THE MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU

REGULATION OF THE MINISTER OF TRADE No. 26/M-DAG/PER/6/2009

CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NO. 58/M-DAG/PER/12/2008 CONCERNING THE IMPORT OF NON HAZARDOUS AND TOXIC (NON-B3) WASTES

BY GRACE OF THE ALMIGHTY GOD, THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,