REGULATION OF THE MINISTER OF TRADE
No. 38/M-DAG/PER/10/2010

CONCERNING
AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 24/M-DAG/PER/6/2006
CONCERNING PROVISIONS ON THE IMPORT SUBSTANCES DAMAGE OZONE LAYER

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

Considering:

a. that in order to support the effectiveness of the performance of policy in the import of Ozone Layer Depleting Substances, it is necessary to amend Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provisions on the Import of Substances Damage Ozone Layer;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 5/1984 concerning Industry (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. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
6. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
7. Law No. 32/2009 concerning Protection and Management of Living Environment (Statute Book No. 140/2009, Supplement to Statute Book No. 5050);
8. Law No. 36/2009 concerning Health (Statute Book No. 144/2009, Supplement to Statute Book No. 5063);
9. Government Regulation No. 7/193 concerning Supervision on the Distribution, Storing and Using of Pesticide (Statute Book No. 12/1973);
10. Government Regulation No. 74/2001 concerning Management of Hazardous and Toxic Substances (Statute Book No. 138/2001);
11. Presidential Decree No. 260/1967 concerning Confirmation on Duties and Responsibilities of the Minister of Trade in Foreign Trade Affairs;
12. Presidential Decree No. 23/1992 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, 27-29 June 1990;
13. Presidential Decree No. 92/1998 concerning Ratification of Montreal Protocol on Substances that Deplete the Ozone Layer, Copenhagen, 1992;
14. Presidential Regulation No. 33/2005 concerning Ratification of Beijing Amendment To The Montreal Protocol On Substances That Deplete The Ozone Layer;
15. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries;
16. Presidential Decree No. 84/P/2009 concerning the Establishment of Unity Indonesia Cabinet II;
17. Presidential Regulation No. 24/2010 concerning Position, Tasks and Functions of First Echelon Officials of State Ministries;
18. Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provisions on the Import of Substance Damage Ozone Layer;
19. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number (API) as amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010;
20. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provisions in Import;
21. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Procedures of the Ministry of Trade;

HAS DECIDED:

To Stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 24/M-DAG/PER/6/2006 CONCERNING PROVISIONS ON THE IMPORT SUBSTANCES DAMAGE OZONE LAYER

Article I

Provisions of Article 2 of the Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provisions on the Import Substances Damage Ozone Layer are changed as follows:

"Article 2

(1) BPO regulated in this Ministerial Regulation is as set forth in Attachment I, II and III constitutes as integral parts of this Ministerial Regulation.

(2) BPO set forth in Attachment I is prohibited to be imported, except Carbon Tetrachloride (CTC) for the use of laboratories and analysis.

(3) BPO set forth in Attachment II and Attachment III as intended in paragraph (1) may only be imported;

a. by a company having received an acknowledgement as IP-BPO or an appointment as IT-BPO; and
b. from countries available in the list issued by the State Ministry of Living Environment.

(4) Import of BPO as intended in paragraph (3) may be performed only through following ports:

a. Belawan Port, Medan;
b. Tanjung Priok Port, Jakarta;
c. Merak Port, Cilegon;
d. Tanjung Mas Port, Semarang;
e. Tanjung Perak Port, Surabaya;
f. Sukarno Hatta Port, Makassar; and
g. Batu Ampar Port, Batam.

(5) BPO set forth in Attachment II as intended in paragraph (3) may be imported into Indonesian customs zone is only Methyl Bromide for quarantine and pre-shipment purpose.

(6) BPO as intended in paragraph (5) and Attachment III as intended in paragraph (3) imported through Batu Ampar Port, Batam only can be performed by IP-BPO."

Article II

This Ministerial Regulation comes into effect from the date it is stipulated.

For public cognizance, this Ministerial Regulation shall be published in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On October 1, 2010
MINISTER OF TRADE
signed,
MARI EKA PANGESTU

REGULATION OF THE MINISTER OF TRADE No. 38/M-DAG/PER/10/2010

CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 24/M-DAG/PER/6/2006 CONCERNING PROVISIONS ON THE IMPORT SUBSTANCES DAMAGE OZONE LAYER

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