a. That the volume of products of living plants in the form of fresh layer roots brought into the Territory of the Republic of Indonesia is very large and at a very high frequency;
b. That based on results of risk analysis on plant disturber organisms, products of living plants in the form of fresh layer roots is a very potential carrier media for the spread of Quarantine Plant Disturber Organism (OPTK);
c. That OPTK can inflict large losses because it degrades production quality and yield and even death to various types of plants;
d. That based on the above issues, it is necessary to regulate Plant Quarantine Requirements and Actions on the Entry of products of living plants in the form of fresh layer roots into the Territory of the Republic of Indonesia.
1. Law No. 16/1992 concerning Quarantine of Animals, Fish and Plants (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
2. Law No. 7/1994 concerning Ratification of Establishing the World Trade Organization Agreement (Statute Book No. 57/1994, Supplement to Statute Book No. 35);
3. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No.3817);
4 Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book No. 35/2002, Supplement to Statute Book No. 4196);
5. Government Regulation No. 28/2004 concerning Safety, Quality and Nutrient of Food (Statute Book No. 107/2004, Supplement to Statute Book No. 4424);
6. Presidential Decision No. 2/1997 in conjunction with Presidential Decision No. 45/1990 concerning Ratification of 1951 International Plant Protection Convention;
7 Presidential Decision No. 58/1992 concerning Ratification of 1951 Asian Plant Protection Convention;
8. Presidential Decision No. 187/M/2004 concerning the Formation of Unity Indonesia Cabinet;
9. Presidential Regulation No. 9/2005 in conjunction with Presidential Regulation No. 62/2005 concerning Position, Duty, Functions, Composition, Organization and Procedure of State Ministries of the Republic of Indonesia;
10. Presidential Regulation No. 10/2005 concerning Organization Units and Mission of First Echelon State Ministries of the Republic of Indonesia;
11. Decision of the Minister of Agriculture No. 796/Kpts/TP.830/10/1984 concerning the Entry of Plants used as Wrapping into the Territory of the Republic of Indonesia;
12. Decision of the Minister of Agriculture No. 797/Kpts/TP.830/10/1984 concerning the Entry of Media of Plant Growth into the Territory of the Republic of Indonesia;
13. Decision of the Minister of Agriculture No. 38/Kpts/Hk.060/1/2006 concerning Types of Quarantine Plant Disturber Organism Group I Category A1 and A2, Group II Category Ai and A2, Parent Plant, Carrier Media and its Spreading Area;
14. Decision of the Minister of Agriculture No. 469/Kpts/Hk.310/8/2002 concerning Entry and Exit Places of Carrier Media of Quarantine Plant Disturber Qrganism;
15. Regulation of the Minister of Agriculture No. 229/Kpts/OT.140/7/2005 concerning Organization and Procedure of the Ministry of Agriculture in conjunction with Regulation of the Minister of Agriculture No. 11/Permentan/OT.140/2/2007;
16. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/9/2005 concerning Equipment of the Organization and Procedure of the Ministry of Agriculture;
WTO Notification No. G/SPS/N/IDN/37 dated October 26, 2007;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING PLANT QUARANTINE REQUIREMENTS AND ACTIONS ON THE ENTRY OF PRODUCTS OF LIVING PLANTS IN THE FORM OF FRESH LAYER ROOTS INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA
In this Regulation:
1. "Products of living plants in the form of fresh layer roots" refers to a part of a plant in the form of bulb included in the Allium family, either intact or a part there-ofl not yet processed to be processed substances.
2. "Quarantine Plant Disturber Organisms" refers to all plant disturber organisms stipulated by the Minister of Agriculture to be prevented as of its entry into and its spreading into the Territory of the Republic of Indonesia.
3. "Carrier Media of Plant Disturber Organism, hereinafter called as Carrier Media" refers to plants and its parts or other things that can carry Quarantine Plant Disturber Organisms.
4. "Risk Analysis on Plant Disturber Organism" refers to a process to stipulate whether a plant disturber organism is a quarantine plant disturber organism or an important plant disturber organisml and to determine plant quarantine requirements and actions suitable to prevent the entry and spread of such plant disturber organisms.
5. "Transportation means of carrier media" refers to all land, water and air transportation means used for the traffic of the carrier media.
6. "Phytosanitary Certificate" refers to a statement letter made by the authorities in the country or area of origin/transit stating that the plant or a part of the plantl or that is stated there-in, is free from plant disturber organisms, Quarantine Plant Disturber Organism, Quarantine Plant Disturber Organism Group I, Quarantine Plant Disturber Organism Group II and/or important Plant Disturber Organisml and had met requirements of stipulated Plant Quarantine and/or declaring other required information.
7. "Places of entry" refers to sea-ports, river-ports, ferry-ports, airports, post offices, border posts with other countries, stipulated as places for the entrance of carrier media of plant disturber organisms.
8. "Plant Quarantine Officials" refers to certain Government employees assigned the duty to carry out Plant Quarantine activities based on prevailing legislations.
9. "Owner" refers to a person or legal entity possessing and/or responsible on the entry of products of living plants in the form of fresh layer roots.
10. "Devitalization" refers to a procedure carried out with goal plant or plant by-product is not able to sprout, grow or reproduce.
(1) This regulation is purposed as guidance for Plant Quarantine Officials in the implementation of Plant Quarantine requirements, technical requirements and performing Plant Quarantine activities, on the entry of products of living plants in the form of fresh Iayer roots into the Territory of the Republic of Indonesia.
(2) The objective of this regulation is to prevent the entry and spread of OPTK and to maintain the quality products of living plants in the form of fresh layer roots into the Territory of the Republic of Indonesia.
The scope of this regulation covers Plant Quarantine requirements, technical requirements, Plant Quarantine activities, and places of entry of products of living plants in the form of fresh layer roots into the Territory of the Republic of Indonesia.
Products of living plants in the form of fresh layer roots entered into the Territory of the Republic of Indonesia must:
(1) The entry of products of living plants in the form of fresh layer roots into the Territory of the Republic of Indonesia may originate from production areas that are free or not free from infection of Quarantine Plant Disturber Organisms in the country of origin.
(2) The types of OPTK and the production areas in the country of origin that are not free as described in paragraph (1) shall be contained in the attachment constituting an inseparable part of this regulation.
The entry of products of living plants in the form of fresh layer roots into the Territory of the Republic of Indonesia originating from production areas in the country of origin that are free as described in Article 5 paragraph (1) must be set forth in the Additional Declaration column of the Phytosanitary Certificate accompanying the package, and had been de-vitalized and free from soil particles and/or compost.
(1) The entry of products of living plants in the form of fresh layer roots into the Territory of the Republic of Indonesia originating from production areas in the country of origin that is not free from infection of Quarantine Plant Disturber Organisms as described in Article 5 paragraph (2) shall be subject to treatments, de-vitalized and free from soil particles and/or compost.
(2) The treatment as described in paragraph (1) shall be conformed with the products of living plants in the form of fresh layer roots and the type of plant disturber organism that is prevented as of itS entry, and must be declared in the treatment column in the Phytosanitary Certificate
The entry of products of living plants in the form of fresh layer roots into the Territory of the Republic of Indonesia as described in Articles 6 and Article 7 must not be in damaged and/or spoiled condition.
(1) In order to know whether a producing area is free or not from infection of Quarantine Plant Disturber Organism in the country of origin, it is entitled to make a survey in the producing area in the country of origin by Plant Quarantine Officials and/or other officials appointed by the Head of Agriculture Quarantine Body.
(2) The survey as described in paragraph (1) is performed based on risk analysis consideration of plant disturber organism, particularly Quarantine Plant Disturber Organism and executed in accordance with standards stipulated by IPPC Secretariat - Food and Agriculture Organization, and other standards that had been published.
(3) Expenses required for the survey as described in paragraph (1) shall be borne on the budget of the Agriculture Quarantine Body and/or owner.
(1) Products of living plants in the form of fresh layer roots as described in Article 5 entered into the Territory of the Republk of Indonesia not meeting the provisions as described in Article 4 a, are subject to detainment action.
(2) If the requirements as described in paragraph (1) are not fulfilled in a period of 14 (fourteen) work days, a rejection sanction shall be imposed.
(3) The rejection as described in paragraph (2) may in the form of returning it to the country of origin or other countries.
(4) If after 14 (fourteen) work days from the date the rejection letter was received by the owner, the products of living plants in the form of fresh layer roots entered into the Territory of the Republic of Indonesia was not exported out of Indonesia, it shall be destroyed.
(1) Products of living plants in the form of fresh layer roots as described in Article 5 entered into the Territory of the Republicof Indonesia not meeting the provisions as described in Article 4 b, Article41etter c, Article 6, Article 7 and/or Article 8 are subject to rejection sanctions.
(2) The rejection as described in paragraph (1) may in the form of returning it to the country of origin or other countries.
(3) If after 14 (fourteen) work days from the date the rejection letter as described in paragraph (1) was received by the owner, the products of living plants in the form of fresh layer roots entered into the Territory of the Republic of Indonesia was not exported out of Indonesia, it shall be destroyed.
(1) Health examination of products of living plants in the form of fresh layer roots entered into the Territory of the Republic of Indonesia shall be executed by Plant Quarantine Officials after the Plant Quarantine and technical requirements as described in Articles 4, Article 5, Article 6, Article 7, and Article 8 were fulfilled.
(2) Plant Quarantine Officials are authorized to open or order other parties to open container boxes or other boxes jointly with officials of Customs and Excise, and witnessed by the owner of products of living plants in the form of fresh layer roots both inside and outside of the Plant Quarantine compound.
(1) If after the performance of the health examination as described in Article.12 paragraph (1) it is found out that the products of living plants in the form of fresh layer roots is not free from Group II OPTK as described in Article 5 paragraph (2), treatment actions shall be undertaken.
(2) If after the performance of the treatment as described in paragraph (1) it is found out that it cannot be disposed of the Group II OPTK as described in Article 5 paragraph (2), the products of living plants in the form of fresh layer roots must be destroyed witnessed by the authorities, and a report on the destruction shall be made.
(3) If after the performance of the treatment as described in paragraph (1) it is found out that it is free from the Group II OPTK as described in Article 5 paragraph (2), then the products of living plants in the form of fresh layer roots shall be released by issuing a release certificate.
(4) If after the performance of the treatment as described in paragraph (1) it is found out that the products of living plants in the form of fresh layer roots is not or not yet de-vitalized and/or not free from soil and/or compost particles, and/or spoiled and/or damaged, then the products of living plants in the form of fresh layer roots shall be destroyed witnessed by the authorities, and a report on the destruction shall be made.
If after the health examination as described in Article 12 paragraph (1) had been performed, it is found out that the products of living plants in the form of fresh layer roots are not free from Group I OPTK as described in Article 5 paragraph (2), the products of living plants in the form of fresh layer roots must be destroyed witnessed by the authorities, and a report on the destruction shall be made.
All expenses required for treatment activities, rejection or destruction as described in Articles 10, Article 11, Article 13 and Article 14 shall be the responsibility of and borne by the owner.
(1) Places of entry of products of living plants in the form of fresh layer roots entered into the Territory of the Republic of Indonesia are entitled only through:
(2) Based on technical and strategic considerations, the entry of products of living plants in the form of fresh layer roots on the approval of the Minister of Agriculture may be performed outside of the places of entry as described in paragraph (1).
(3) Places of entry stipulated in Agriculture Minister Decision No. 469/Kpts/HK.310/8/2002 are still valid for the entry of Carrier Media of Quarantine Plant Disturber Organisms other than products of living plants in the form of fresh layer roots.
Provisions in this regulation are also applicable for products of living plants in the form of fresh layer roots in the form of hand-carried by passengers and postal services.
This regulation shall be exercised effectively in two (2) months at the latest from the date of stipulation.
This regulation commences to be effective from the date of stipulation.
Stipulated in Jakarta
On February 26, 2008
MINISTER OF AGRICULTURE
signed,
ANTON APRIYANTONO