to Indonesian
a. that based on provisions in Article 6 of Government Regulation No. 74/2001 concerning Management of Hazardous and Toxic Materials, any hazardous and toxic materials shall be registered by the producer and/or importer;
b. that based on the considerations as intended in paragraphs a and to implement the provisions in Article 16 of Presidential Regulation No. 10/2008 concerning the Application of Electronic Systems in the Framework of Indonesia National Single Window, it is necessary to stipulate Regulation of the Minister of Live Environment concerning the Application of Electronic System for Registration of Hazardous and Toxic Materials in the Framework of Indonesia National Single Window in the Ministry of Life Environment;
1. Law No. 19/2009 concerning Ratification of the Stockholm Convention concerning Persistent Organic Pollutants (Statute Book of the Republic of Indonesia No. 89/2009, Supplement to Statute Book of the Republic of Indonesia No. 5020);
2. Law No. 32/2009 concerning the Life Environment Protection and Management (Statute Book of the Republic of Indonesia No. 140/2009, Supplement to Statute Book of the Republic of Indonesia No. 5059);
3. Government Regulation No. 74/2001 concerning Management of Hazardous and Toxic Materials (Statute Book of the Republic of Indonesia No. 138/2001, Supplement to Statute Book of the Republic of Indonesia No. 4153);
4. Presidential Regulation No. 10/2008 concerning the Application of Electronic Systems in the Framework of Indonesia National Single Window,;
REGULATION OF THE STATE MINISTER OF LIFE ENVIRONMENT CONCERNING THE APPLICATION OF ELECTRONIC SYSTEM FOR REGISTRATION OF HAZARDOUS AND TOXIC MATERIALS IN THE FRAMEWORK OF INDONESIA NATIONAL SINGLE WINDOW IN MINISTRY OF LIFE ENVIRONMENT.
In this Ministerial Regulation:
1. Hazardous and Toxic Materials hereinafter abbreviated as B3 are essence, energy and/or other components due to the nature and/or concentration and/or amount, either directly or indirectly to defame and/or damaging the life environment, and/or endanger the life environment, health, human survival and other creatures.
2. Registration of B3 is the registration and giving number to the B3 that is in the territory of the Republic of Indonesia.
3. Import of B3 is activities to enter B3 into Indonesian customs territory.
4. Export of B3 is activities to release B3 from Indonesian customs territory.
5. Electronic system is a system to collect, prepare, store, process, analyze, and spread electronic information.
6. Indonesia National Single Window hereinafter abbreviated as INSW is an Indonesian national system that allows the single submission of data and information, single and synchronous processing of data and information, and single decision-making for custom release and clearance of cargoes.
Registration of B3 electronically is aiming for handling customs documents relating to the licensing and/or requirements of the import and/or export of B3 in the framework of INSW.
(1) B3 importer and/or B3 exporter shall be required to register B3 to the Ministry of Life Environment.
(2) Registration as intended in paragraph (1) shall be made electronically through the system INSW.
(3) Standard operation procedure of INSW in the Ministry of Life Environment is as listed in Attachment I that is an integral part of this Ministerial Regulation.
Registration as intended in Article 3 paragraph (1) can be done manually in case of:
(1) Registration B3 as intended in Article 3 and Article 4 is filed by the applicant, by using the B3 registration form as listed in Attachment II that is an integral part of this Ministerial Regulation.
(2) Application for registration of B3 as intended in paragraph (1) shall include:
(3) In addition to the requirements as intended in paragraph (2), to B3 is used as pesticides and/or pesticide active ingredient, the registration applicant must attach a pesticide registration brand holder letter from the Ministry of Agriculture.
(4) In addition to the requirements as intended in paragraph (2), to B3 is categorized as ozone depleting substances, the registration applicant must attach a letter of recognition as importer producer of ozone depleting substances (IP-BPO) or a letter of recognition as registered importer of ozone depleting substances (IT-BPO ) from the Ministry of Trade.
(5) In addition to the requirements as intended in paragraph (2), to B3 is categorized as B3 limited used in accordance with the applicable regulation, the registration applicant must attach a letter of B3 notification approval from the Ministry of Life Environment.
(6) In addition to the requirements as intended in paragraph (2), if the registration applicant is not the owner of B3, the registration applicant must enclose a power of attorney from the owner of B3.
(1) Registration of B3 as intended in Article 3 and Article 4 carried out by the Deputy Minister who has the duties and responsibilities in the management of B3.
(2) Deputy Minister as intended in paragraph (1) shall issue certificate of registration of B3 in maximum of 5 (five) working days since received complete and correct application.
This Ministerial Regulation shall come into force on the date of stipulation.
Stipulated in Jakarta
on: January 18, 2010
STATE MINISTER OF LIFE ENVIRONMENT,
signed,
PROF. DR. IR. GUSTI MUHAMMAD HATTA, MS