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REGULATION OF THE MINISTER OF MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA
No. PER.12/MEN/2011

CONCERNING
JAPAN'S FISHERY PRODUCTS AND FISH FARMING PRODUCTION FACILITIES ENTERING THE TERRITORY OF THE REPUBLIC OF INDONESIA

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA

Considering:

a. that to anticipate the entry of Japan's radioactive contaminated fishery products and fish farming production facilities, it is necessary to make a supervisory effort to protect the pubic, fishery resources and the environment within the territory of the Republic of Indonesia;

b. that the effort to supervise radioactive contaminated fishery products and fish farming production facilities is made by controlling, safeguarding and tracing Japan's fishery products and fish farming production facilities that will enter the territory of the Republic of Indonesia;

c. that based on the considerations as intended in paragraphs a and b, it is necessary to stipulate Regulation of the Minister of Marine and Fisheries concerning Japan's Fishery Products and Fish Farming Production Facilities Entering the Territory of the Republic of Indonesia;

In view of

I. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia No. 56/1992, Supplement to Statute Book of the Republic of Indonesia No. 3482);

2. Law No. 23/1992 concerning Health (Statute Book of the Republic of Indonesia No. 100/1992, Supplement to Statute Book of the Republic of Indonesia No. 3495);

3. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);

4. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);

5. Law No. 8/1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia No. 3821);

6. Law No. 31/2004 concerning Fisheries (Statute Book of the Republic of Indonesia No. 118/2004, Supplement to Statute Book of the Republic of Indonesia No. 4433) as amended by Law No. 45/2009 (Statute Book of the Republic of Indonesia No. 154/2009, Supplement to Statute Book of the Republic of Indonesia No. 5073);

7. Law No. 17/2006 concerning Customs (Statute Book of the Republic of Indonesia No. 99/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);

8. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 199/2000, Supplement to Statute Book of the Republic of Indonesia No. 4020);

9. Government Regulation No. 15/2002 concerning Fish Quarantine (Statute Book of the Republic of Indonesia No. 36/2002, Supplement to Statute Book of the Republic of Indonesia No. 4197);

10. Government Regulation No. 28/2004 concerning Food Safety, Quality and Nutrition (Statute Book of the Republic of Indonesia No. 107/2004, Supplement to Statute Book of the Republic of Indonesia No. 4424);

11. Presidential Regulation No. 10/2008 concerning the Use of Electronic System within the Framework of Indonesian National Single Window (NSW);

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

13. Presidential Regulation No. 24/2010 concerning the Position, Task and Function of State Ministries and the Organizational Structure, Task and Function of First Echelon Officials of State Ministry as amended by Presidential Regulation No. 67/2010;

14. Presidential Decree No. 84/M/2009 as amended by Presidential Decree No. 56/P/2010;

15. Regulation of the Minister of Marine and Fisheries No. PER.20/MEN!2007 concerning Fish Quarantine Measures for the Entry of Media Carrying Quarantine Fish Pest and Diseases from Abroad and from an Area to Another within the Territory of the Republic of Indonesia;

16. Regulation of the Minister of Marine and Fisheries No. PER.02/MEN/2010 concerning the Procurement and Circulation of Fish Feed;

17. Regulation of the Minister of Marine and Fisheries No. PER.15JMEN/2010 concerning the Organization and Work Mechanism of the Ministry of Marine and Fisheries;

18. Regulation of the Minister of Marine and Fisheries No. PER.17/MEN!2010 concerning Quality Control and Safety of Fishery Products Entering the Territory of the Republic of Indonesia;

19. Regulation of the Minister of Marine and Fisheries No. PER.19/MEN/2010 concerning the Control of Quality and Safety Guarantee System of Fishery Products;

20. Decree of the Minister of Marine and Fisheries No. KEP.24/MEN/2002 concerning the Procedure and Technique of Drawing Up Laws and Regulations at the Marine and Fisheries Ministry;

21. Decree of the Minister of Marine and Fisheries No. KEP.26/MEN/2002 concerning the Supply, Circulation, Use and Control of Fish Medicines;

22. Decree of the Minister of Marine and Fisheries No. KEP.01/MEN/2007 concerning Requirements of Fishery Products' Quality and Safety Guarantee in the Production, Manufacture and Distribution Process;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF MARINE AND FISHERIES CONCERNING JAPAN'S FISHERY PRODUCTS AND FISH FARMING PRODUCTION FACILITIES ENTERING THE TERRITORY OF THE REPUBLIC OF INDONESIA

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Ministerial Regulation:

1. Fishery product is live, fresh, frozen or dried fish including other marine biota handled and/or processed and/or turned into end product, either for human consumption or non consumption.

2. Fish farming production facility is fish medicine and fish feed to support fish farming.

3. Fish is all types of organism whose life cycle is entirely or partly in waters.

4. Radioactive is any substance that reflects pengion radiation with activity type larger than 70 kBq/kg (2nCi/g).

5. Competent authorities are an organizational unit at the Marine and Fisheries Ministry mandated by the minister to take quarantine measures, control quality and safety guarantee system of fishery products.

6. Health certificate in the fish quarantine held is an official document signed by a quarantine officer or authorized official in the country of origin or transit stating that the carrier media contained therein are not contaminated by quarantine fish pest and/or disease as signaled.

7. Health certificate in quality field is an official document signed by an authorized official/authorities in the country of origin stating that the fishery product is safe for human consumption.

CHAPTER II
REQUIREMENTS

Article 2

(1) Any Japanese fishery product that is to enter the territory of the Republic of Indonesia should:

(2) The statement that the fishery product is free from radioactive as intended in paragraph (1) a can also be in the form of radioactive free certificate issued by an authorized agency/institute in Japan.

(3) Fishery product in the form of new type of fish introduced and/or for the first time entering the territory of the Republic of Indonesia shall meet the conditions as intended in paragraph (1) and paragraph (2) in addition to undergoing fish importation risk analysis according to the law in force.

(4) Fishery product in the form of new type of fish introduced and/or for the first time entering the territory of the Republic of Indonesia shall meet the conditions as intended in paragraph (1), paragraph (2), and paragraph (3) for non consumption fish in addition to receiving a recommendation from the Director General of Fish Farming.

Article 3

(1) Any fish farming production facility in the form of fish medicine from Japan to be imported to the territory of the Republic of Indonesia shall be equipped with certificates issued by authorized agencies/institutions in Japan in the form of:

(2) Any fish farming production facility in the form of fish feed from Japan to be imported to the territory of the Republic of Indonesia shall be equipped with:

(3) In addition to being equipped with the certificates/documents as intended in paragraph (1) and paragraph (2) fish farming production facilities from Japan to be imported to the territory of the Republic of Indonesia shall be equipped with radioactive free certificate.

(4) The radioactive free certificate as intended in paragraph (3) shall be issued by the authorized agency/institute in Japan.

Article 4

Fishery products and fish farming production facilities can be imported from Japan to the territory of the Republic of Indonesia only through:

Article 5

(1) If fishery products and fish farming production facilities to be imported from Japan are believed to have been contaminated by radioactive, the Competent Quality Control Authorities can take samples.

(2) The samples as intended in paragraph (1) shall be conveyed to the National Nuclear Power Body for examination.

(3) The examination of samples as intended in paragraph (2) shall be subject to fees according to the law and regulation in force and become the responsibility of the importer.

Article 6

(1) If based on the results of examination as intended in Article 5 paragraph (2), the fishery products and fish farming production facilities contain radioactive, they shall be re-exported to Japan.

(2) The re-export as intended in paragraph (1) shall become the responsibility of the importer.

Article 7

(1) Fishery products from Japan that are to be imported to the territory of the Republic of Indonesia and shipped via a third country shall be equipped with a radioactive free certificate issued by the competent authorities/authorized agency in Japan which is part of health certificate in the fish quarantine field and health certificate in the quality field or a radioactive free certificate issued by the authorized agency/institute in Japan.

(2) Fish farming production facilities from Japan that are to be imported to the territory of the Republic of Indonesia and shipped via a third country shall be equipped with a radioactive free certificate issued by the authorized agency/institute in Japan.

CHAPTER III
TRANSITIONAL PROVISIONS

Article 8

Fishery products and fish farming production facilities shipped from Japan to Indonesia directly or via a third country from March 11, 2011 to the stipulation date of this Ministerial Regulation shall be subject to examination in Indonesia to see if they are free from radioactive.

CHAPTER IV
CLOSING PROVISION

Article 9

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

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 May 9, 2011
MINISTER OF MARINE AND FISHERIES OF REPUBLIC OF INDONESIA,
signed,
FADEL MUHAMMAD