to Indonesian
a. that the import of fishes and fisheries products has possibility become carrier media on the entry and spread of dangerous fisheries pests and diseases, dangerous for the fisheries resources and environment sustainability, human health, and fisheries business sustainability, so it is necessary to make risk analysis on the import of fishes and fisheries products;
b. so, it is necessary to stipulate Regulation of the Minister of Marine and Fisheries concerning Risk Analysis on the import of fishes and Fisheries Products;
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. Law No. 31/2004 concerning Fisheries (Statute Book of the Republic of Indonesia No. 116/2004, 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);
3. 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);
4. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;
5. Presidential Regulation No. 24/2010 concerning Position, Tasks and Function of State Ministries as well as Organization Structure, Tasks and Function of First Echelon of State Ministries, as amended by Presidential Regulation No. 67/2010;
6. Presidential Decree No. 84/P/2009 as amended by Presidential Decree No. 56/P/2010;
7. Regulation of the Minister of Marine and Fisheries No. PER.20/MEN/2007 concerning Quarantine Measure on the Entry of Pest Carrier Media and Quarantine Fish Diseases from Abroad and From One Area to Another Within Territory of the Republic of Indonesia.
8. Regulation of the Minister of Marine and Fisheries No. PER.24/MEN/2008 concerning Kind of New Fishes will be Cultivated;
9. Regulation of the Minister of Marine and Fisheries No. PER.29/MEN/2008 concerning Requirements on the Entry of Carrier Medias in the Form of Life Fisheries;
10. Regulation of the Minister of Marine and Fisheries No. PER.17/MEN/2009 concerning Ban on the Entry of Several Kinds of Dangerous Fisheries from Abroad into Territory of the Republic of Indonesia;
11. Regulation of the Minister of Marine and Fisheries No. PER.15/MEN/2010 concerning Organization and Work Flow of the Ministry of the Marine and Fisheries;
12. Regulation of the Minister of Marine and Fisheries No. PER.11/MEN/2011 concerning Fish Quarantine Installation;
13. Regulation of the Minister of Marine and Fisheries No. PER.15/MEN/2011 concerning Quality Control and Safety of Fishery Products are Entered into Territory of the Republic of Indonesia;
14. Decree of the Minister of Marine and Fisheries No. KEP.07/MEN/2004 concerning Procurement and Distribution of Fishery Seeds;
15. Decree of the Minister of Marine and Fisheries No. KEP.08/MEN/2004 concerning Procedures on the Entry of Kind of Fish or New Variety into the Territory of the Republic of Indonesia;
REGULATION OF THE MINISTER OF MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA CONCERNING RISK ANALYSIS ON THE IMPORT OF FISHES AND FISHERIES PRODUCTS
In this Ministerial Regulation:
1. Risk Analysis on the Import of Fishes and Fisheries 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 sustainability of fisheries that may result from the importation of fish and fishery products.
2. Fish are all kinds of organisms that all or part of their life cycle within the aquatic environment.
3. Fishery products is any form of food products in the form of whole fish or products that contain fish parts, including products that have been processed in any way with the fish main raw material.
4. Harmful Fish pests and diseases are all organisms that may damage, interfere the preservation of fish resources and the environment, and possibility of harm to human health.
5. Office International des Epizooties, hereinafter abbreviated as OIE, is the World Animal Health Board.
6. Dangerous types of fish are certain types of fish from outside the territory of the Republic of Indonesia that can harm and/or endanger the sustainability of fish resources, the environment, and humans.
7. Person is an individual or corporation.
8. Corporation is a group of people and/or well-organized wealth in a legal entity or non legal entity.
9. Minister is the Minister of Marine and Fisheries.
10. Director General is Director General of Plantation Fisheries.
Purpose of stipulation of this Ministerial Regulation is in order to prevent entry and spread of harmful pests and diseases of fish, protect the sustainability of fish resources and the environment, human health, and sustainability of fishery business from the risk of harm that may result from the importation of fish and fishery products.
The scope of this Ministerial Regulation covers:
(1) Import risk analysis object of imported fish and fishery products differentiated by country of origin, namely:
(2) Import risk analysis object of fish and fishery products originating from countries are not members of the OIE, including
(3) Import risk analysis object of fish and fishery products originating from the OIE member countries, including:
(4) Entry of import risk analysis object of fish and fishery products originating from the OIE member countries into the territory of the Republic of Indonesia for the first time from the country of origin shall be carried out import risk analyzes of fish and fishery products.
(1) Any person who will enter the object import risk analysis of fish and fishery products as intended in Article 4 into the territory of the Republic of Indonesia shall file application in writing to the Director General which includes:
(2) The application as intended in paragraph (1), shall be accompanied with documents that contain:
(3) Information on the history as intended in paragraph (2) a shall include:
(4) Information on the biology as intended in paragraph (2) b shall include:
(5) Information on social and economic as intended in paragraph (2) c shall include:
(6) Information on the environment as intended in paragraph (2) d shall include:
(7) The documents as intended in paragraph (2) must get approval from the competent authority in the country of origin.
(1) The Director General based on the application as intended in Article 5 paragraph (1), in the maximum period of 5 (five) working days to check on the completeness of the application.
(2) If the application is complete, the Director General submits to the Team of Importation Risk Analysis of Fish and Fishery Products for import risk analysis of fish and fishery products.
(3) If the application is not complete, the Director General shall issue a notification of rejection the importation risk analysis of fish and fishery products, along with reasons for rejection to the applicant.
(4) Further provisions on the Team of Importation Risk Analysis of Fish and Fishery Products as intended in paragraph (2) will be determined by the Ministerial Decree.
(1) Importation risk analysis of fish and fishery products as intended in Article 6 paragraph (2) shall include:
(2) Hazard identification as intended in paragraph (1) a is performed to identify potential entry and spread of harmful pests and diseases of fish, the danger for the sustainability of fish resources and the environment, human health, and sustainability of fisheries.
(3) Risk assessment as intended in paragraph (1) b shall be conducted to assess the potential for 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 sustainability of the fishery business that may arise both quantitative and qualitative, including:
(4) Risk management as intended in paragraph (1) c shall be conducted to minimize the potential risk to the entry and spread of harmful pests and diseases of fish and danger to the sustainability of fish resources and the environment, human health, as well as the sustainability of fisheries, including:
(5) Risk communication as intended in paragraph (1) d shall be conducted to solicit information and opinions in a transparent manner from the parties concerned during the process of risk analysis, to communicate the hazard identification, risk assessment and risk management proposed to the applicant, the decision maker, and the parties concerned in the country of destination and origin country.
(6) Importation risk analysis of fish and fishery products as intended in paragraph (1) be based on scientific studies, and if required to do a review of field and/or laboratory testing in the country of origin.
(7) Further provisions on the implementation of importation risk analysis of fish and fishery products as intended in paragraph (1) will be determined by the Director General.
(1) Team of Importation Risk Analysis of Fish and Fishery Products every 6 (six) months shall submit a report on the progress of implementation of importation risk analysis of fish and fishery products on any object of importation risk analysis of fish and fishery products to the Director General.
(2) Director General within a period of 5 (five) working days after received the report as intended in paragraph (1), submits notification of the progress of implementation of importation risk analysis of fish and fishery products to the applicant.
(1) Team of Importation Risk Analysis of Fish and Fishery Products within a period not exceeding 12 (twelve) months from the complete application, submit the results of importation risk analysis of fish and fishery products to the Director General.
(2) The importation risk analysis of fish and fishery products as intended in paragraph (1) is written in the document of importation risk analysis of fish and fishery products in accordance with the object being analyzed.
(3) Document of importation risk analysis of fish and fishery products as intended in paragraph (2), shall include:
(4) Director General within a period of 3 (three) days after received the result documents of importation risk analysis of fish and fishery products, issues a Result of Importation Risk Analysis of Fish and Fisheries Products which states:
(5) The letter as intended in paragraph (4) accompanied with a analysis report summary made by using the form as listed in the Attachment that is an integral part of this Ministerial Regulation.
The validity period of Result of Importation Risk Analysis of Fish and Fisheries Products that state approval for the entry with requirements or entry for the entry as intended in Article 9 paragraph (4) c, and Article 9 paragraph (4) d to be used as a condition to obtain Import Approval is maximum 1 (one) month from the issuance date.
Costs incurred in the implementation of importation risk analysis of fish and fishery products are charged to the State Budget of the Ministry of Marine and Fisheries.
Products related to fish and fishery products which have the potential for the entry and spread of harmful pests and diseases of fish, endangering the sustainability of fish resources and the environment, human health, and sustainability of fishery shall be conducted importation risk analysis of fish and fishery products as set forth in this Ministerial Regulation.
This regulation shall come into force 3 (three) months from 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 July 21, 2011
MINISTER OF MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA,
signed,
FADEL MUHAMMAD