to Indonesian
a. that the Decree of the Minister of Agriculture No. 1017/Kpts/TP.120/12/1998 has determined Development Seeds Production Permit, Entry Permit of Seed and Releasing of Development Seeds;
b. that in according to Law No. 32/2004 concerning Regional Government, and Government Regulation No. 25/2000 concerning Government Authority and Provincial Authority as Autonomy Region, entry of seeds and releasing of development seeds become the authority of government;
c. that based on above consideration and by reorganization in the Ministry of Agriculture environment, it is necessary to review the Decree of the Minister of Agriculture No. 1017/Kpts/TP.120/12/1998;
1. Law No. 12/1992 concerning Plant Cultivation System (Statute Book No. 46/1992, Supplement to Statute Book No. 3478);
2. Law No. 16/1992 concerning Animal, Fish and Plants Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
3. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437);
4. Law No. 4/2006 concerning Ratification of International Treaty on Plant Genetic Resources For Food And Agriculture (Statute Book No. 23/2006, Supplement to Statute Book No. 4612);
5. Government Regulation No. 44/1995 concerning Plant Seeds (Statute Book No. 85/1995, Supplement to Statute Book No. 3616);
6. Government Regulation No. 25/2000, concerning Government Authority and Provincial Authority as Autonomy Region (Statute Book No. 54/2000, Supplement to Statute Book No. 3952);
7. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book No. 35/2000, Supplement to Statute Book No. 4196);
8. Government Regulation No. 21/2005 concerning the Bio Safety of Genetically Engineered Products (Statute Book No. 44/2005, Supplement to Statute Book No. 4498)
9. Presidential Decree No. 27/1971 concerning National Seeds Board;
10. Presidential Decree No. 187/M/2004 concerning Establishment of United Indonesia Cabinet;
11. Presidential Regulation No. 9/2005 concerning the Position, Duties, Functions, Organization Structure and Work Flow of State Ministries of the Republic of Indonesia in conjunction with the Presidential Decree No. 62/2005;
12. Presidential Regulation No. 10/2005 concerning Organization Unit and Task of Echelon I of State Ministries of the Republic of Indonesia;
13. Decree of the Minister of Agriculture No. 902/Kpts/TP.240/12/1996 concerning Testing, Assessment and Release of Varieties in conjunction with the Decree of the Minister of Agriculture No. 737/Kpts/TP.240/9/98;
14. Decree of the Minister of Agriculture No. 803/Kpts/OT.210/7/97 concerning Certification and Quality Control of Development Seeds;
15. Decree of the Minister of Agriculture No. 856/Kpts/HK.330/9/1997 concerning Bio Safety of Genetically Engineered Agricultural Bio Technology Products;
16. Decree of the Minister of Agriculture No. 1038/Kpts/HK.030/11/1997 concerning the Establishment Commission of Bio Safety of Genetically Engineered Agricultural Bio Technology Products;
17. Joint Decree of the Minister of Agriculture, Minister of Forestry and Plantations, State Minister of Food and Horticulture No. 998/Kpts/OT.210/9/1999, No. 790.a/Kpts-IX/1999, No. 1145.A/MENKES/SKB/IX/1999, and No. 015.A/Meneg PHOR/09/1999 concerning Bio Safety of Genetically Engineered Agricultural Bio Technology Products;
18. Decree of the Minister of Agriculture No. 388/Kpts/OT.160/6/2004 concerning Team of Assessment and Releasing of Varieties (TP2V);
19. Decree of the Minister of Agriculture No. 02/Kpts/OT.140/1/2006 concerning the Establishment of Preparation Team for National Seeding and the Seeds System Concept;
20. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/7/2005 concerning Organization and Administration of the Ministry of Agriculture;
21. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/9/2005 concerning Organization and Work Flow of the Ministry of Agriculture;
22. Decree of the Minister of Agriculture No. 74/Kpts/TP.500/2/98 concerning Development Commodity Types of Directorate General of Food Plants and Horticulture and the Directorate General of Plantations;
Memorandum of Head of Agriculture Research and Development as Chairman of the Preparation Team for National Seeding and the Seeds System Concept No. 194/TU.220/J/5/2006 dated May 30, 2006;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING ENTRY AND RELEASING OF SEEDS.
In this regulation:
1. Plant Seeds hereinafter called as seeds are plant or its part which is used to reproduce and/or breeding plant.
2. Seeds are the seeds of cultivated varieties that have been released, which supervised the production and circulation.
3. Hybrid seeds are the first derivative (F1) resulting from crosses between two or more masters and/or parents/inbred homozygous.
4. Entry of seeds is a series of activities to enter the seeds of plants from abroad into the territory of the Republic of Indonesia, both as an introduction to plant breeding and seeds supply for cultivated crops.
5. Releasing of seeds is a series of activities to release the seeds from the territory of the Republic of Indonesia.
6. Permit to enter is a written statement containing the rights granted by the Minister or appointed official to individuals, legal entities, or government agencies to conduct entry activities of plant seeds.
7. Release Permit is a written statement containing the rights granted by the Minister or appointed official to individuals, business entities, or government agencies to be able to perform activities of plant seeds releasing.
8. Directorate General is the organization unit within the Ministry of Agriculture is led by the Director General that carrying out the duties and functions in the field of Food Crops, Horticulture, Plantation, or Animal Foods.
9. Licensing Center for Agricultural Investment hereinafter called as PPI is an organization unit within the Ministry of Agriculture, led by a Head of center who carrying out the duties and functions of licensing and investment field.
10. Introduction seeds are the seeds of new varieties/strains/clone/hybrid/ mutant/transgenic was first imported from abroad and have not been circulated or traded in the territory of the Republic of Indonesia.
11. Plant observer is a person or group of persons or organizations who pay great attention to the plants with the aim of the collection, protection, preservation and the arts.
12. Parent material is a plant and/or parts are used as seeds multiplication.
This regulation aims to:
The scope of this regulations include entry and removal permit of plant seeds.
(1) Entry of seeds or parent material can be performed by an individuals, legal entities, or government agencies which has duties and functions in the field of research and development, agribusiness and/or observer of the plant.
(2) Entry of seeds or parent material as intended in paragraph (1) can be done after obtaining permission from the Minister.
(1) Entry of seeds or parent material as intended in Article 4 paragraph (2) can be done for research and/or not for research.
(2) For implementation of giving permit as intended in Article 4 paragraph (2), Minister delegates authority to the Head of Agriculture Research and Development Agency or the Director General.
Permit to import seeds or parent material for the research is given by the Head of Agriculture Research and Development Agency.
(1) To obtain a permit to import seeds as intended in Article 6 can be done with the following requirements:
(2) Individuals, legal entities or government agencies that conduct the entry of seeds or parent material as intended in paragraph (1) shall report the realization of entry to the Head of Agriculture Research and Development Agency.
Entry seed not for research permit is given by the Director General is concerned.
Permit as intended in Article 8, may be made to:
To obtain a permit to import as intended in Article 9 paragraph a must meet the following requirements:
To obtain a permit to enter as intended in Article 9 paragraph b shall meet the following requirements:
To obtain a permit to enter as intended in Article 9 paragraph c, shall meet the following requirements:
To obtain a permit to import as intended in Article 9 paragraph d, must meet the following requirements:
Entry of animal food seeds not for research beside follow the provisions as intended in Article 10 and Article 11, must pass bio safety test.
Entry of transgenic seeds are not for research beside follow the provisions as intended in Article 10, Article 11, Article 12 and Article 13, must pass bio safety and/or food safety test.
(1) Entry of seeds for developed seeds procurement as intended in Article 11 must meet the quality standards of developed seeds that have been set.
(2) If the standards of developed seeds quality have not been established, the Director General in giving the permit to enter seeds as intended in Article 5 paragraph (2) based on the closest relatives of seeds quality standards.
(3) After the seeds as intended in paragraph (2) entered into the territory of the Republic of Indonesia, Director General directly determines the standard of developed seeds quality.
Head of Agriculture Research and Development Agency and the Director General i in giving the permit as intended in Article 5 paragraph (2) shall coordinate with the Head of the Agricultural Quarantine Agency.
(1) Individuals, legal entities or government agencies as intended in Article 4 paragraph (1), to obtain the permit as intended in Article 5 shall apply in writing to the Head of Licensing and Investment Center (PPI) by using model-1 form accompanying with information on the quality of the seeds that will be entered into the territory of the Republic of Indonesia (Information Required for Seed Introduction/Entry to Indonesia).
(2) Head of PPI after receiving an application as intended in paragraph (1) within 3 (three) working days have been completed examining the application documents, and when it is complete and meets the requirements, applied for permission to the Head of Agriculture Research and Development Agency or Director General is concerned.
(3) Head of Agriculture Research and Development Agency or the Director General after receiving an application from the Head of PPI as intended in paragraph (2), within a period of 10 (ten) working days should have provided an answer that it is received, delayed or rejected.
(1) If within a period of 10 (ten) working days from the date of receipt of the application from the Head of PPI as intended in Article 18 paragraph (3), Head of Agriculture Research and Development Agency or the Director General has not given the answers that it is received, delayed, or rejected, then the application is considered acceptable and issued permit to import seeds in the form of Decree of the Head of Agriculture Research and Development Agency or the Director General by using model-2 form.
(2) Entry permit issued in the form of Decree of Head of Agriculture Research and Development Agency or the Director General concerned as intended in paragraph (1) shall be submitted to the Head of PPI and then be given to the applicant.
(1) Delayed application as intended in Article 19, which is incomplete or there is still a shortage of requirements will be notified to the applicant in writing by the Head of PPI accompanied by the explanation of the delay by using model-3 form.
(2) The applicant within a period of 5 (five) working days after receiving the notification as intended in paragraph (1) must complete the requirements.
(3) If within a period of 5 (five) working days as intended in paragraph (2) the applicant has not been able to complete the requirements, the application is deemed withdrawn.
Application as intended in Article 19 be rejected if it does not meet the requirements as intended in Article 7 paragraph (1), Article 9, Article 10, or Article 11, or is not correct or because of technical reasons, it will be notified to the applicant in writing by the Head of PPI by using the model-3 form.
(1) Permit as intended in Article 4 paragraph (2) valid for a period of 6 (six) months.
(2) Within the period as intended in paragraph (1) the type and number of seeds contained in the decree for permit should be completed entered into the territory of the Republic of Indonesia.
(1) Individuals, legal entities or government agencies that enter the seeds or the parent material shall submit Decree of permit to import seeds or the parent material to the plant quarantine officer at the point of entry.
(2) Individuals, legal entities or government agencies that enter the seeds or the parent material at the latest within a period of 7 (seven) working days after the introduction of seeds or parent material as intended in paragraph (1) shall report the realization of the entry of seeds or parent material to the Head of Agricultural Research and Development Agency or the Director General concerned and agencies in charge of quality control of seeds in the area where the seeds is re-labeling with a copy to the Head of PPI.
(1) Permit to enter seeds as intended in Article 4 paragraph (2) shall be revoked, if:
(2) Revocation of permit to import seeds for the reasons as intended in paragraphs (1) a, b and d after the individuals, legal entities or government agencies was given a written warning of 2 (two) times in an interval of 1 (one) week and did not heed the warning.
(3) Revocation of permit to import seeds as intended in paragraphs (1) c, e and f is conducted by the Head of Agriculture Research and Development Agency or the Director General concerned in the form of a decree by using model-4 form.
Individual, legal entity, or government agencies that enter the seeds should:
(1) Releasing of seeds can be done by individuals, legal entities, or government agencies that have duties and functions in the field of research and development, agribusiness and/or observer of the plant.
(2) Releasing seeds as intended in paragraph (1) can be done after obtaining permit from the Minister.
(1) Releasing of seeds as intended in Article 26 paragraph (1) can be done for research or not for research.
(2) For implementation of giving permit as intended in Article 26 paragraph (2), Minister delegates authority to the Head of Agriculture Research and Development Agency or the Director General.
(1) Permit for releasing of seeds for research as intended in Article 27 paragraph (1) can be done with the following requirements:
(2) In addition to meeting the requirements as intended in paragraph (1) should also to ensure the preservation of genetic resources and to maintain bio safety.
(1) Releasing of seeds not research as intended in Article 27 paragraph (1) can be done with the following requirements:
(2) The seeds as intended in paragraph (1) must meet the developed seeds quality standards set or meet requirements specified by the destination (receiver).
(1) Releasing of seeds as intended in Article 26 paragraph (2) for certain plants species should be in the form of hybrid.
(2) Certain plant species as intended in paragraph (1) shall be determined by the Director General concerned.
(1) To obtain a permit to release seeds as intended in Article 26 paragraph (2), an individuals, legal entities, or government agencies as intended in Article 23 paragraph (1) shall file writing application to the Head of Licensing and Investment (PPI) by using model-5 form.
(2) Head of PPI after receiving an application as intended in paragraph (1) no later than 3 (three) working days has been completed examining the application documents. If complete and has met the requirements, applied for permission to the Head of Agriculture Research and Development Agency or the Director General concerned.
(3) Head of Agriculture Research and Development Agency or the Director General concerned after receiving a request from the Head of PPI as intended in paragraph (2), within a period of 7 (seven) working days should has provided an answer is received, delayed or rejected.
(1) If within a period of 10 (ten) working days from the date of receipt of the application from the Head of PPI as intended in Article 31 paragraph (3), Head of Agriculture Research and Development Agency or the Director General concerned has not given the answers for received, postpone or rejection, then the application is considered acceptable and permit for releasing of seeds is issued in the form of Decree of Head of Agriculture Research and Development Agency or the Director General concerned by using model-6 form.
(2) Releasing permit issued in the form of Decree of Head of Agriculture Research and Development Agency or the Director General as intended in paragraph (1) shall be submitted to the Head of PPI and then be given to the applicant.
(1) Application is delayed as intended in Article 31 paragraph (3), which is incomplete or there is still a shortage of requirements will be notified to the applicant in writing by the Head of PPI accompanied by the explanation of the delay by using model-7 form.
(2) The applicant within a period of 7 (seven) working days after receiving the notification as intended in paragraph (1) must complete the requirements.
(3) If within a period of 7 (seven) working days as intended in paragraph (2) the applicant has not been able to complete the requirements, the application is deemed withdrawn.
Application as intended in Article 31 be rejected if it does not meet the requirements as intended in Article 28 or Article 29, or is not correct or because of technical reasons, the applicant will be notified in writing by the Head of PPI by using a model-7 form.
(1) Permit for releasing of seeds as intended in Article 26 applies for a period of 6 (six) months.
(2) Within the period as intended in paragraph (1) the type and number of seeds contained in the decree have been completed releasing from the territory of the Republic of Indonesia.
(1) Individuals, legal entities, or government agencies that issued the developed seed shall submit Decree for releasing of seeds to plant quarantine officer at the place of releasing.
(2) Individuals, legal entities or government agencies that release the seeds at the latest within a period of 7 (seven) working days from releasing of seeds as intended in paragraph (1) shall report the realization of the releasing of seeds to the Head of Agriculture Research and Development Agency or the Director General concerned with a copy to the Head of PPI.
(1) Permit for releasing of seeds as intended in Article 26 paragraph (2) shall be revoked, if:
(2) Revocation of permit for releasing of seeds for the reasons as intended in paragraph (1) a, b and d after the individuals, legal entities, or government agencies were given a written warning of 2 (two) times in an interval of 1 (one) week and did not heed the warning.
(3) Revocation of permit for releasing of seeds as intended in paragraph (1) c, e and f performed by the Head of Agriculture Research and Development or the Director General concerned in the form of Decree by using model-8 form.
Individual, legal entity, or government agencies that release the seeds must:
(1) For the seeds of rare plant species beside follow requirements as intended in Article 28 shall also be accompanied by recommendation of the Germ Plasma Commission.
(2) Rare plant species as intended in paragraph (1) will be determined in separated decree.
Applications for permit to import and export of seeds that have been filed before the enactment of this Regulation, be processed in accordance with the provisions of the Decree of the Minister of Agriculture No. 1017/Kpts/TP.120/12/1998.
By stipulation of this Regulation, the provisions for the entry and releasing of seeds as regulated in the Decree of the Minister of Agriculture No. 1017/Kpts/Tp.120/12/1998 declared invalid.
This Regulation comes into force on the date of stipulation.
Stipulated in Jakarta
on August 31, 2006
MINISTER OF AGRICULTURE
signed,
ANTON APRIYANTONO