to Indonesian
a. that in the framework to improve effectively controlling of hazardous materials, especially import origin, it is necessary to stipulate ports of hazardous material destination and verify or technical inquiry of imported hazardous material at loading port;
b. that based on consideration as intended in paragraph a, it is necessary to amend Regulation of the Minister of Trade No. 44/M-DAG/PER/9/2009 concerning the Procurement, Distribution and Control of Hazardous Materials;
c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law of 1934 (Statute Book No. 86/1938);
2. Hazardous Chemicals Law (Statute Book No. 377/1949);
3. Emergency Law No. 7/1955 concerning the Investigation, Prosecution and Trial of Economic Crimes (Statute Book No. 27/1955, Supplement to Statute Book No. 801) as amended several times, the latest by Government Regulation in Lieu of Law No. 26/1960 concerning Amendment of Article 27 and Article 28 of Emergency Law No. 7/1955 (Statute Book of the Republic of Indonesia No. 74/1960, Supplement to Statute Book No. 1910);
4. Law No. 1/1970 concerning Occupational Safety (Statute Book No. 1/1970, Supplement to Statute Book No. 2918);
5. Law No. 3/19B2 concerning Company Compulsory Registration (Statute Book No. 7/19B2, Supplement to Statute Book No. 3214);
6. 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);
7. 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);
8. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No. 3656);
9. Law No. 6/1998 concerning the Ratification of Convention on the Prohibition of the Development, Production, Stock piling and Use of Chemical Weapons and on Their Destruction (Statute Book No. 171/1998);
10. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3817);
11. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3B21);
12. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437) as amended several times, the latest by Law No. 12/2008 (Statute Book No. 59/2008, Supplement to Statute Book No. 4844);
13. Law No. 29/2007 concerning the Government of the Special Province of Jakarta as the Capital of the Unitary State of the Republic of Indonesia (Statute Book No. 93/2007, Supplement to Statute Book No. 4744);
14. Law No. 9/2008 concerning Usage of Chemical Substances and Prohibition to Use Chemical Substances as Chemical Weapons (Statute Book No. 49/2008, Supplement to Statute Book No. 4834);
15. Law No. 17/2008 concerning Shipping (Statute Book No. 64/2008, Supplement to Statute Book No. 4849);
16. Law No. 32/2009 concerning Protection and Management of Living Environment (Statute Book No. 140/2009, Supplement to Statute Book No. 5059);
17. Law No. 36/2009 concerning Health (Statute Book No. 144/2009, Supplement to Statute Book No. 5063));
18. Government Regulation No. 69/1999 concerning Food Labels and Advertisements (Statute Book No. 131/1999, Supplement to Statute Book No. 3867);
19. Government Regulation No. 58/2001 concerning the Development and Control of Consumer Protection (Statute Book No. 103/2001, Supplement to Statute Book No. 4126);
20. Government Regulation No. 74/2001 concerning the Management of Hazardous and Toxic Materials (Statute Book No. 138/2001, Supplement to Statute Book No. 4153);
21. Government Regulation No. 28/2004 concerning Food Security, Quality and Nutrition (Statute Book No. 107/2004, Supplement to Statute Book No. 4424):
22. Government Regulation No. 38/2007 concerning the Sharing of Government Affairs between the Government, Provincial Governments and Regency/Municipal Governments (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
23. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
24. Presidential Decree No. 65/1998 concerning the Ratification of International Convention on the Safety of Life at Sea 1974;
25. Presidential Decree No. 84/P/2009 concerning the Establishment of United Indonesia Cabinet II;
26. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of the State Ministries.
27. Presidential Regulation No. 24/2010 concerning Position, Task, and Function of State Ministries as well as Organization Structure, Task, and Function of First Echelon of State Ministries;
28. Decree of the Minister of Industry No. 148/M/SK/4/1985 concerning the Safeguard of Toxic and Hazardous Materials in Industrial Companies;
29. Regulation of the Minister of Health No. 239/Menkes/Per/V/1985 concerning Certain Coloring Matters Declared Hazardous;
30. Regulation of the Minster of Health No. 722/MENKES/PER/IX/1988 as amended by Regulation of the Minister of Health No. 1168/MENKES/PER/X/1999 concerning Supplement Food Materials;
31. Regulation of the Minister of Health No. 472/Menkes/Per/V/1996 concerning the Safeguard of Hazardous Materials for Health;
32. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 concerning Goods Subject to Import Regulation as amended several times, the latest by Decree of the Minister of Industry and Trade No. 417/MPP/Kep/6/2003;
33. Decree of the Minister of Manpower No. 187/MEN/1999 concerning the Control of Hazardous Chemicals in Work Site;
34. Regulation of the Minister of Health No. 1184/Menkes/Per/X/2004 concerning the Safeguard of Health Instrument and the Preparation of Household Health;
35. Regulation of the Minister of Trade No. 16/M-DAG/PER/3/2006 concerning the Arrangement and Development of Warehousing;
36. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning the Issuance of Trade Permits;
37. Regulation of the Minister of Trade No. 20/M-DAG/PER/5/2009 concerning Provisions and Procedures of Controlling Goods and/or Services;
38. Regulation of the Minister of Trade No. 44/M-DAG/PER/9/2009 concerning Procurement, Distribution and Control on the Hazardous Materials;
39. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer’s Identity No. (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011;
40. Regulation of the Minister of Trade No. 54/M-DAG/PER/2009/10/2009 concerning General Provision in the Import Field;
41. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Procedure of the Ministry of Trade.
REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 44/M-DAG/PER/9/2009 CONCERNING THE PROCUREMENT, DISTRIBUTION AND CONTROL OF HAZARDOUS MATERIALS.
Several Provision of the Regulation of the Ministry of Trade No. 44/M-DAG/PER/9/2009 concerning the Procurement, Distribution and Control on the Harardous Materials.
1. Provision of Article 1 shall be amended, so read as follows:
"Article 1
In this Ministerial Regulation:
1. Hazardous Materials hereinafter abbreviated as B2, are chemical and biological substances and materials, either in a single or mixed form that may directly or indirectly endanger human health and the environment, and have toxicity, carcinogenic, teratogenic, mutagenic, corrosive and irritation characteristics.
2. Company is any form of individual business or corporate body owned by Indonesian citizen and domiciled in the territory of the Republic of Indonesia, either legal entity or non-legal entity, engaged in B2 trade.
3. Hazardous Material Producer, hereinafter abbreviated as P-B2, is a domestic company producing B2 by securing an industrial permit from the authorized agency.
4. Hazardous Material Producer Importer, hereinafter abbreviated as IP-B2, is a producer importer recognized by the Director General of Foreign Trade and approved to import B2 itself only to meet demand from the production activities of the relevant company.
5. Registered Hazardous Material Importer, hereinafter abbreviated as IT-B2, is a non-producer importer, owner of general importer identification number (API-U) that gets approval and special task from the Director General of Foreign Trade to import B2.
6. Registered Hazardous Material Distributor, hereinafter abbreviated as DT-B2, is a company appointed by P-B2 and/or IT-B2 and gets a special trade permit from the Director General of Domestic Trade to distribute B2 to PT-B2 or directly to PA-B2.
7. Branch Office is a company that constitutes a unit or part of the parent company and may be domiciled in a different place and may be self reliant or assigned to carry out part of the activities of the parent company.
8. Registered Hazardous Material Retailer, hereinafter abbreviated as PT-B2, is a company appointed by DT-B2 and gets a special B2 trade permit from the Governor in this case the Head of the Provincial Office to sell B2 to PA-B2.
9. Hazardous Material End User, hereinafter abbreviated as PA-B2, is an industrial company using B2 as raw/auxiliary materials processed chemically so that their physical and chemical characteristics change to gain added value, and a corporate body or institute using B2 as auxiliary materials according to their appropriation by gets a permit from the authorized agency.
10. Hazardous Material Trade Permit, hereinafter abbreviated as SIUP-B2, is a permit to engage in special B2 trade activities.
11. Procurement of B2 is the process/activity carried out by P-B2, IP-B2 and IT-B2 to provide B2.
12. Import Verification or technical inquiry is activity to check technically on the imported product in loading port of goods, conducted by Surveryor.
13. Surveyor is survey company that get authority to conduct verification or technical inquiry on the imported products.
14. Distribution of B2 is the distribution or circulation and sales of B2 from IT-B2 and/or P-B2 to DT-B2, from DT-B2 to PT-B2, from PT-B2 to PA-B2, or IT-B2 and/or PB2 directly to PT-B2, or IT-B2 and/or P-B2 directly to PA-B2.
15. Control is a series of inspection activities to control the import, distribution and use of B2.
16. Inspection team is a team checking the legal truth of companies and the physical condition of storing places, repacking facilities, and transportation used by DT-B2 for distribution B2 activities.
17. CAS (Chemical Abstract Service) Number is an internationally adopted chemical compound index or registration system to identify each chemical compound specifically.
18. Safety data sheet (SDS) is a guidance form containing B2 information on the physical and chemical characteristics, type of potential danger, method of handling danger, and special act in the state of emergency.
19. Label is any piece of information on B2 in the form of picture or statement or a combination of the two or other forms containing information on B2 and information on the company and other information according to the law, attached to the product, put inside, placed on or constituting part of the pack.
20. Packing is a material used to pack and/or wrap up B2, whether or not it directly touches on B2.
21. Head of the Provincial Office is to the Head of the Provincial Office whose tasks and responsibilities cover the trade sector.
22. Head of the Regency/Municipal Office is the Head of the Regency/ Municipal Office whose tasks and responsibilities cover the trade sector.
23. Director General of Foreign Trade hereinafter abbreviated as Dirjen Daglu, ris the Director General whose tasks and responsibilities cover the foreign trade sector.
24. Director General of Domestic Trade hereinafter abbreviated as Dirjen PDN is the Director General whose tasks and responsibilities cover the domestic trade sector.
25. Minister is the minister whose tasks and responsibilities cover the trade sector."
2. Provision of Article 2 shall be amended, so it read as follows:
"Article 2
(1) The types of B2 subject to import and distribution regulations consist of chemicals that endanger health and destroy the environment as set forth in Attachment I and Attachment II to this Ministerial Regulation.
(2) The types of B2 as intended in paragraph (1) may be subject to review according to developments.
(3) The types of B2 as intended in paragraph (1) can only be used according to their appropriation.
(4) The types of B2 as intended in paragraph (1) are banned from being used for food and food related industries."
3. Between Article 5 and Article 6 is inserted 3 (three) articles, called Article 5A, Article 5B, and Article 5C, that read as follows:
"Article 5A
Every importation of B2 by IP-B2 only can be from destination ports of:
Article 5B
(1) Every importation of B2 by IP-B2 and IT-B2 should be Verified or Inquired technically by Surveyor in country of loading port before shipping.
(2) Result of verification or technical inquiry by Surveyor is written in the Surveyor Report (LS) to be used as customs complementary document in process customs in import.
(3) All Verification or Technical Inquiry fee that is conducted by Surveyor shall be borne by the IP-B2 and IT-B2.
Article 5C
(1) Implementation of Verification or Technical Inquiry on the import as intended in Article 5B paragraph (1) shall be conducted by Surveyor that is stipulated by the Minister.
(2) Surveyor as intended in paragraph (1) shall fulfill following conditions:
(3) Surveyor as intended in paragraph (1) is obligated to submit written report on the recapitulation of verification or technical inquiry on the imported goods to Dirjen Daglu in this case Import Director, in this case is Import Director every month on the 15th of next month."
3. Between Article 26 and Article 27 is inserted 1 (one) article, called Article 26A, read as follows:
"Article 26A
Surveyor did not implement obligation as intended in Article 5C paragraph (3) will be fined saction of revocation stipulation as Surveyor of the B2 import."
This Ministerial Regulation shall come into force on November 1, 2011.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on September 7, 2011
THE MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU