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REGULATION OF THE MINISTER OF AGRICULTURE
No. 94/Permentan/OT.140/12/2011

CONCERNING
ENTRY AND RELEASE PLACES FOR CARRIER MEDIA OF QUARANTINE ANIMALS DISEASES AND QUARANTINE PLANTS DISTRUBANCE ORGANISM

BY THE GRACE OF ALMIGHTY GOD
THE MINISTER OF AGRICULTURE,

Attachment

Considering:

a. that Regulation of the Minister of Agriculture No. 46/Permentan/HK.340/8/2010 entry and release Places of Quarantine Animals Pest and Diseases and Quarantine Plant Disturbance Organism Carrier Medias;

b. that with the changing of national ports and airports, as well as to improve control for the risk of entry and spread of quarantine animal diseases and quarantine plant disturbance organism, it is necessary to review Regulation of the Minister of Agriculture No. 46/Permentan/HK.340/8/2010 concerning Entry and Release Places of Quarantine Animals Pest and Diseases and Quarantine Plant Disturbance Organism Carrier Medias;

In view of:

1. Law No. 16/1992 concerning Animals, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);

2. Law No. 17/2006 concerning Amendment to Law No. 10/1995 concerning Customs (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);

3. Law No. 17/2008 concerning Shipping (Statute Book No. 64/2008, Supplement to Statute Book No. 4849);

4. Law No. 1/2009 concerning Aviation (Statute Book No. 1/2009 Supplement to Statute Book No. 4956);

5. Law No. 38/2009 concerning the Post (Statute Book No. 146/2009 Supplement to Statute Book No. 5065);

6. Government Regulation No. 82/2000 concerning Animals Quarantine (Statute Book No. 161/2000, Supplement to Statute Book No. 4002);

7. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book No. 35/2002, Supplement to Statute Book No. 4196);

8. Presidential Decree No. 84/M/2009 concerning Establishment of United Indonesia Cabinet II;

9. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries;

10. Presidential Regulation No. 24/2010 concerning Position, Duties and Functions of the State Ministries as well as 0rganization Structure, Tasks, and Function of Echelon I;

11. Decree of the Minister of Transportation No. KM.53/2002 concerning the Management of National Ports;

12. Regulation of the Minister of Agriculture No. 22/Permentan/OT140/4/2008 concerning Organization and Work Flow of Technical Implementation Unit of Agricultural Quarantine Agency;

13. Decree of the Minister of Transportation No. KM.11/2010 concerning the Management of National Airports;

14. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10/2010 concerning Organization and Work Flow of Ministry of Agriculture;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING ENTRY AND RELEASE PLACES FOR CARRIER MEDIA OF QUARANTINE ANIMALS DISEASES AND QUARANTINE PLANTS DISTRUBANCE ORGANISM.

Article 1

Entry and Release Places for Carrier Media of Quarantine Animals Diseases and Quarantine Plants Disturbance Organism as set out in Attachment that is an integral part of this Ministerial Regulation.

Article 2

Entry and Release Places of as intended in Article 1 can be used as transit places in according to provision in regulation.

Article 3

To support smooth implementation of Government and regional government program, other entry and release places for carrier media of quarantine animals diseases and quarantine plants disturbance organism outside of entry and release places as intended in Article 1 which are incidental.

Article 4

(1) Incidental entry and release places as intended in Article 3 are stipulated by Minister.

(2) Minister stipulates incidental entry and release places as intended in paragraph (1) based on technical consideration from Head of Agriculture Quarantine Agency.

(3) Incidental entry and release places as intended in paragraph (1) for 1 (once) entry or release.

Article 5

(1) Personal or business entity as implementer of Government and/or regional government program can file application for stipulation places as incidental entry and release places.

(2) Application as intended in paragraph (1) is filed in written to the Minister through Head of Agriculture Quarantine Agency, accompanied with following documents:

(3) Application as intended in paragraph (2) in according to the Format.

Article 6

(1) Head of Plant Quarantine Agency after received Application as intended in Article 5 paragraph (2) verifies complete, legal and right of documents content within 5 (five) working days.

(2) Verification as intended in paragraph (1) is implemented by Head of Animal Quarantine and Animal Safety Center or Head of Plant Quarantine and Plant Safety Center.

(3) Head of Animal Quarantine and Animal Safety Center or Head of Plant Quarantine and Plant Safety Center as intended in paragraph (2) reports result of verification on the complete, legal and right of documents content to the Head of Plant Quarantine Agency.

(4) Based on the result of verification as intended in paragraph (3), Head of Plant Quarantine Agency may reject or approve application.

(5) In case result of verification is not complete, not legal and/or not true, Head of Plant Quarantine Agency reject is with written reason to applicant.

Article 7

(1) If the application is complete, legal and right, Head of Agriculture Quarantine Agency assign Head of local Agriculture Quarantine UPT to conduct technical feasibility on the incidental entry and release places.

(2) Head of local Agriculture Quarantine UPT within 5 (five) working days after receive assignment letter as intended in paragraph (1) should establish Technical Feasibility Team to conduct valuation based on risk analysis consideration.

(3) Beside risk analysis consideration as intended in paragraph (2), Team should make valuation on:

(4) Technical Feasibility Team as intended in paragraph (3) within 10 (ten) working days after received assignment letter as intended in paragraph (2) should submit written report on the result of valuation to the Head of local Agriculture Quarantine UPT.

(5) Report on the result of valuation as intended in paragraph (4) within 2 (two) working days period should be submitted by the Head of local Agriculture Quarantine UPT to the Head of Agriculture Quarantine Agency.

Article 8

(1) In case result of valuation that is submitted by Head of local Quarantine UPT not fulfill technical feasibility, Head of Agriculture Quarantine Agency reject application for stipulation places as incidental entry and release places.

(2) In case result of valuation that is submitted by Head of local Quarantine UPT fulfill technical feasibility, Head of Quarantine Agency submits it to the Minister to be stipulated as incidental places of entry and release.

Article 9

(1) In case application that is submitted to the Minister as intended in Article 8 paragraph (2) based on strategic consideration, may be rejected to be stipulated as incidental places for entry and release.

(2) Rejection as intended in paragraph (1) is conducted by Head of Agriculture Quarantine Agency on behalf of the Minister.

(3) In case application that is submitted to the Minister as intended in paragraph (1) based on strategic consideration is approved, places are stipulated as incidental entry and release places in the form of Decree of the Minister.

Article 10

By promulgation of this Ministerial Regulation, Regulation of the Minister of Agriculture No. 46/Permentan/HK.340/8/2010 concerning Entry and Release Places of Quarantine Animals Pest and Diseases and Quarantine Plant Disturbance Organism Carrier Medias is revoked and declared null and void.

Article 11

This Ministerial Regulation shall come into force on the date of promulgation.

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 November 29, 2011
MINISTER OF AGRICULTURE REPUBLIK INDONESIA,
signed,
SUSWONO

Promulgated in Jakarta
on January 3, 2012
MINISTER OF JUSTICE AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
Signed
AMIR SYAMSUDIN
NEWS OF THE REPUBLIC OF INDONESIA YEAR 2011 No. 7