to Indonesian
that to implement the provisions of Article 5 of Government Regulation No. 15/2002 concerning Fish Quarantine, it is necessary to stipulate Regulation of the Minister of Marine and Fisheries concerning Fish Quarantine Additional Obligations;
1. 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. 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);
3. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries, as amended by Presidential Decree No. 91/2011;
4. Presidential Regulation No. 24/2010 concerning Position, Task, and Functions of the State Ministries as well as Organizational Structure, Duties and Functions of Echelon I of State Ministries, as amended by Presidential Decree No. 92/2011;
5. Presidential Decree No. 84/P/2009, as amended by Presidential Decree No. 95/P/2011;
6. Regulation of the Minister of Marine and Fisheries No. PER.21/MEN/2006 concerning Fish Quarantine Measures In The Transit;
7. Regulation of the Minister of Marine and Fisheries No. PER.09/MEN/2007 concerning Provisions on the Entry of Carrier Media in the form of Life Fish as Baggage into the Territory of the Republic of Indonesia;
8. Regulation of the Minister of Marine and Fisheries No. PER.20/MEN/2007 concerning Quarantine Measures on the Entry of Carrier Media of Quarantine Fish Pests and Diseases from Abroad and from One Area to Another Area within the Territory of the Republic of Indonesia;
9. Regulation of the Minister of Marine and Fisheries No. PER.29/MEN/2008 concerning Requirements on the Entry of Carrier Media in the Form of Life Fish;
10. Regulation of the Minister of Marine and Fisheries No. PER.15/MEN/2010 concerning Organization and Work Flow of the Ministry of Marine and Fisheries;
11. Regulation of the Minister of Marine and Fisheries No. PER.15/MEN/2011 concerning Quality Control and Safety of Fishery Products Entering the Territory of the Republic of Indonesia (State Gazette of the Republic of Indonesia No. 352/2011);
12. Regulation of the Minister of Marine and Fisheries No. PER.16/MEN/2011 concerning Risk Analysis Importation of Fish and Fishery Products (State Gazette of the Republic of Indonesia No. 444/2011);
REGULATION OF THE MINISTER OF MARINE FISHERIES AND FISH CONCERNING FISH QUARANTINE ADDITIONAL OBLIGATIONS.
In this Ministerial Regulation:
1. Carrier Media of Fish Quarantine Pests and Diseases and/or Certain Fish Pests and Diseases, hereinafter called as Carrier Media is the fish and/or other objects that may carry fish quarantine pests and diseases and/or certain fish pests and diseases.
2. Fish Quarantine Pests and Diseases hereinafter abbreviated as HPIK are all pests and diseases of fish determined by the Government to prevent the entry into and spread within the territory of the Republic of Indonesia.
3. Certain Fish Pest and Disease, hereinafter called as Certain HPI is all fish pests and diseases have not been there or have been found only in certain areas in the territory of the Republic of Indonesia in a relatively fast to endemic and make lost for socio economic that may endanger public health, but have not been determined as HPIK.
4. Additional obligations are requirements that must be met for carrier media to enter into the territory of the Republic of Indonesia, to send the carrier media from one area to another within the territory of the Republic of Indonesia, and to release carrier media from the territory of the Republic of Indonesia, in addition to the requirements of fish quarantine, which are determined by the Government.
5. Fish are all aquatic biota that some or all of their life cycle in the water, alive or dead, including part of them.
6. Fish Quarantine actions are hereinafter called as quarantine action is the work being done to prevent the entry and spread of HPIK and/or Certain HPI from abroad and from one area to another within the country, or removing of HPIK and/or Certain HPI from the territory of the Republic Indonesia.
7. Office International des Epizooties hereinafter called as OIE, the World Animal Health Board.
8. Importation Risk Analysis of Fish and Fishery Products is the assessment of potential entry and spread of harmful pests and diseases of fish, the risk of danger to the sustainability of fish resources and the environment, human health and the sustainability of fisheries that may result from the importation of fish and fishery products.
The scope of this Ministerial Regulation includes additional obligations:
Any carrier media that is entered into the territory of the Republic of Indonesia, who is brought or sent from one area to another within the territory of the Republic of Indonesia, or to be released from the territory of the Republic of Indonesia, in certain case with respect to the nature of HPIK and/or Certain HPI, must meet additional obligations.
Certain case as intended in Article 3 is based on:
Any carrier that is entered into the territory of the Republic of Indonesia, shall:
(1) Any carrier media which is inserted into the territory of the Republic of Indonesia in addition must meet the obligations as intended in Article 5, in certain case must meet additional obligations.
(2) A certain case as intended in paragraph (1), include:
(3) Importation risk analysis object of fish and fishery products originating from countries are not members of OIE as intended in paragraph (2) e 1), shall include:
(4) Importation risk analysis object of fish and fishery products originating from the OIE member countries as intended in paragraph (2) e 2), shall include:
(1) In case of carrier media originating from country not free from HPIK and/or Certain HPI as intended in Article 6 paragraph (2) a, it must meet additional obligations consisting of:
(2) In case of the carrier media is a parent or host of HPIK or Certain HPI as intended in Article 6 paragraph (2) b, then it must fulfill the additional obligations in the form of test results report from accredited laboratory that stating the carrier media has done screening of HPIK and Certain HPI in the country of origin by using the method of Histopathology, ELISA, and/or DNA probe were confirmed by Real Time Polymerase Chain Reaction with negative results.
(3) In case of carrier media transit in a country that is not free of HPIK and/or Certain HPI as intended in Article 7 paragraph (2) c, then it must satisfy the additional obligations of the carrier media in the form prohibition of unloading carrier media from transportation means that is evidenced by Air Load Letter or Bill of Loading.
(4) In case of carrier media is parent or prospective parent, or cultivation seed as intended in Article 6 paragraph (2) d, it must meet additional obligations consisting of:
(5) In case of carrier media is an object of importation risk analysis of fish and fishery products as intended in Article 6 paragraph (2) e, it must meet additional obligations in accordance with the Letter of Importation Risk Analysis Results of Fish and Fishery Products.
Any carrier media that is carried or sent from one area to another are within the territory of the Republic of Indonesia, shall:
(1) Any carrier media who is carried or sent from one area to another area within the territory of the Republic of Indonesia in addition must meet the obligations as intended in Article 8, in certain case must meet additional obligations.
(2) certain case as intended in paragraph (1), include:
(1) In case of carrier media does not originate from an area free of HPIK and/or Certain HPI as intended in Article 9 paragraph (2) a and/or the carrier media is a parent or the carrier of HPIK and/or Certain HPI as intended in Article 9 paragraph (2) b, it must meet additional obligation that is testing report accredited laboratory that stating the carrier media is free from HPIK and Certain HPI.
(2) In case of carrier transit the area that is not free of HPIK and/or Certain HPI as intended in Article 9 paragraph (2), it must satisfy the additional obligation in the form of Transit Certificate of Quarantine Official stating that the carrier not contaminated by HPIK and Certain HPI.
Any carrier that will be removed from the territory of the Republic of Indonesia, if required by the country of destination, shall:
(1) Any carrier that will be removed from the territory of the Republic of Indonesia, in addition must meet the obligations as intended in Article 11, must meet additional obligations according to the required destination country.
(2) Additional obligations as intended in paragraph (1) conducted in accordance with scientific terms.
(1) Every person in the origin country that will enter the carrier media into the territory of the Republic of Indonesia must be registered by the competent authorities in the country of origin.
(2) Competent authorities in the country of origin must submit a list as intended in paragraph (1) to the Fish Quarantine, Quality Control and Safety of Fishery Products Agency.
In order to verify the security systems of fish health and disease management, it is necessary Fish Quarantine, Quality Control and Safety of Fishery Products Agency can conduct inspections to the country of origin of the carrier media.
In case of any additional obligations to be met, the Director General of Fisheries or the Director General of Fisheries Product Processing and Marketing as the license issuer shall notify in writing the additional obligation of fish quarantine to everyone who will enter carrier media into the territory of the Republic of Indonesia.
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 May 9, 2012
MINISTER OF MARINE AND FISHERIES OF REPUBLIC OF INDONESIA
signed,
SHARIF C. SUTARDJO