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MINISTERIAL REGULATION OF AGRICULTURE
No. 05/PERMENTAN/HK.060/3/06
CONCERNING
REQUIREMENTS AND PROCEDURES IN SETTLING PLANT-QUARANTINE INSTALLATION
BELONGS TO INDIVIDUAL OR INSTITUTION
MINISTER OF AGRICULTURE,
Considers :
- a. that to accelerate the process of plant quarantine, the place that belongs to individual or institution can be settled for Plant Quarantine Installation;
- b. that based on the above matters and to enact Article 47 Government Regulation No.14/2002 concerning Plant Quarantine, it is considered necessary to settle requirements and procedures in settling Plant quarantine installation that belongs to individual or institution;
Recollects :
- 1. Act No. 16/1992 concerning Plant, animal and fish quarantine (Statute Book 1992 No. 56; Supplement to Statute Book No. 3482);
- 2. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book 2002 No. 35; Supplement to Statute Book No. 4196);
- 3. Presidential Policy No. 187/M/2004 concerning the establishment of United Indonesia Cabinet;
- 4. Presidential Regulation No. 9/2005 in connection with Presidential Regulation No. 62/2005 concerning Position, Duties, Functions, Organizational Structure, and Administration of Indonesian Ministries;
- 5. Presidential Regulation No. 10/2005 concerning Organizational Unit and Echelon 1 Duties of Indonesian State Ministries;
- 6. Ministerial Policy of Agriculture No. 38/KPTS/HK.310/1/1990 concerning Requirements and Action of Plant Quarantine to Introduce Plants and Plant Seeds into the Indonesian Territory;
- 7. Ministerial Policy of Agriculture No. 469/KPTS/-HK.310/8/2001 concerning Places of Introductions and Exits of Carrier Media of Quarantine Plants Obstructive Organism;
- 8. Ministerial Regulation of Agriculture No. 299/KPTS/-OT.140/7/2005 concerning Organization and Administration of Ministry of Agriculture;
- 9. Ministerial Regulation of Agriculture No. 341/KPTS/-OT.140/9/2005 concerning Organization and Administration of Ministry of Agriculture;
- 10. Ministerial Regulation of Agriculture No. 37/KPTS/-HK.060/1/2006 concerning Technical Requirements Plant Quarantine Action To Introduce Fruits And Or Fresh Fruit Vegetables into Indonesian territory;
- 11. Ministerial Regulation of Agriculture No. 38/KPTS/-HK.060/1/2006 concerning Types of Plant Quarantine Obstructive Organisms Classification I Category A1 and A2, Classification II Category A1 and A2, Foster Plant, Carrier Media and Its Spreading Area;
DECIDES:
To Stipulate:
MINISTERIAL REGULATION OF AGRICULTURE CONCERNING REQUIREMENTS AND PROCEDURES IN SETTLING PLANT QUARANTINE INSTALLATION BELONGS TO INDIVIDUAL OR INSTITUTION
CHAPTER I
GENERAL CONDITIONS
Article 1
In this Regulation the meaning of:
- 1. Plants are all kinds of vegetable natural resources, alive or dead, unprocessed or processed.
- 2. Plant Quarantine is an action as a preventing action from an introduction and spreading of plant obstructive organisms from foreign countries and from an area into another area in domestic territory, or the exit from the Indonesian territory;
- 3. Action of Plant Quarantine is an action of examination, quarantine, observation, treatment, resistance, incineration, and release of plant obstructive organism carrier media and or quarantine plant obstructive organism.
- 4. Plant Obstructive Organism Carrier Media so forth called carrier media is plant and its parts and or other items that can carry quarantine plant obstructive organism;
- 5. Plant Quarantine Installation so forth called Quarantine Installation is a place along with all its facilities that are used to do Plant Quarantine action.
- 6. Officers of Plant Quarantine are certain Civil Service who are given tasks to do a Plant Quarantine Action based on the act of regulation.
- 7. Assessment is examination that is done to acknowledge the place feasibility that belongs to individual or institution in order to fulfill the requirements as plant quarantine installation.
- 8. Evaluation is an examination that is done periodically or at all times to acknowledge the compliance to the requirements.
- 9. Improvement is an action that is to improve non-compliance or deviation of requirements.
- 10. Owner is individual Citizen of Indonesia or Indonesian institution that owns a place to be proposed and is settled as Quarantine Installation.
Article 2
- (1) The purpose of the regulation is as guidance in the settlement of Quarantine Installation that belongs to individual or institution.
- (2) The purpose of the regulation is for the settlement of Quarantine Installation that belongs to individual or institution to be able to fulfill the requirements and technical feasibility as its purpose.
Article 3
Scope of the regulation covers requirements and processes of settlement of the place along with its facility that belongs to individual or institution as a Quarantine Installation and supervision and education.
Article 4
- (1) Place and its facility that belongs to individual or institution can be settled as a Quarantine Installation
- (2) Settlement of the place and its facility that belongs to individual or institution as Quarantine Installation as stated in clause (1) is done by the Director of Agriculture Quarantine Agency.
CHAPTER II
REQUIREMENTS SETTLEMENT OF QUARANTINE INSTALLATION
Article 5
- (1) Place and its facility belonging to individual or institution that can be settled as Quarantine Installation as stated in Chapter 4 clause (1) must fulfill requirements as follows :
- a. Having environmental condition or situation that can guarantee no contamination and or spreading of plant obstructive organism and or quarantine plant obstructive organism;
- b. Building with permanent construction with permit for its own purpose issued by authoritative office;
- c. Can contain carrier media and its transporter; and
- d. Place with sufficient and flood-free road facility;
- e. Recommendation from the Regency/City Office that is responsible in plant protection.
- (2) Beside having to fulfill requirements as stated in clause (1), place and its facility that belongs to individual or institution must also fulfill technical feasibility for the process of Plant Quarantine that are as follows :
- a. Facility of mechanical cleansing treatment (high pressure water spray) and destroying action (incinerator);
- b. Equipment and laboratory materials facility;
- c. Clean water, electricity, and communication tools facility;
- d. Carrier media maintenance and storage facility;
- e. Quarantine Installation Officials who are responsible for physical security of carrier media and administration/record of the activities of Quarantine Installation ;
- f. Security officers who are responsible for the surrounding security of Quarantine Installation ; and
- g. Supporting facility to quarantine plants are examination, quarantine, observation, treatment, restriction, and incineration.
Article 6
Director of Agriculture Quarantine Agency settles further policy concerning requirements and technical feasibility as stated in Article 5.
CHAPTER III
PROCEDURES IN SETTLING QUARANTINE INSTALLATION THAT
BELONGS TO INDIVIDUAL OR INSTITUTION
Article 7
- (1) An application for Quarantine Installation Settlement is applied in written to the Director of Agriculture Quarantine Agency through the local Director of Technical Performer Plant Quarantine Unit.
- (2) The application mentioned in clause (1) is attached with requirements as stated in Article 5.
- (3) Director of Technical Performer Plant Quarantine Unit mentioned in clause (1) performs assessments of requirements and technical feasibility.
- (4) Plant Quarantine employees perform assessments of requirements and technical feasibility mentioned in clause (3).
- (5) The assessment results mentioned in clause (4) by Plant Quarantine employees is delivered to the local Director of Technical Performer Plant Quarantine Unit for recommendation by Director of Agriculture Quarantine Agency.
- (6) Based on the recommendation of local Director of Technical Performer Plant Quarantine Unit as stated in clause (5), the Director of Agriculture Quarantine Agency may approve or reject the application of settlement of Quarantine Installation.
- (7) Application approved as stated in clause (6) will be settled as Quarantine Installation by the Director of Agriculture Quarantine Agency.
- (8) Settlement as Quarantine Installation as stated in clause (7) is given in the form of policy by Director of Agriculture Quarantine Agency.
Article 8
- (1) Settlement as Quarantine Installation as stated in Article 7 clause (7) is valid for a period of one (1) year.
- (2) In the period as stated in clause (1) Quarantine Installation will be evaluated for requirements, technical feasibility and purpose assessment.
- (3) In the event of evaluation as stated in clause (2) Quarantine Installation as stated in clause (1) still fulfill the requirements, technical feasibility and its purpose, then the period will be settled to three (3) years.
- (4) For the next extension period, Owner can apply two (2) months the latest before the end of the period as stated in clause (3).
CHAPTER IV
EDUCATION AND SUPERVISION OF QUARANTINE INSTALLATION
BELONGS TO INDIVIDUAL OR INSTITUTION
Article 9
Place and its facility belonging to individual or institution that has been settled as Quarantine Installation as stated in Article 8 is supervised by Local Plant Quarantine Officers.
Article 10
Plant Quarantine Officers are authorized to perform action of Plant Quarantine at the Quarantine Installation settled as stated in Article 8.
Article 11
Owner or responsible party of Quarantine Installation that has been settled as stated in Article 8 is obliged to:
- a. Maintain the requirements and technical feasibility as stated in Article 5 to be used as its own purposes.
- b. Deliver the utilization report of Quarantine Installation at least 1 (once) in 6 (six) months to the Director of Agriculture Quarantine Agency through the local Director of Technical Performer Plant Quarantine Unit.
Article 12
- (1) For the place and its facility that has been settled as Quarantine Installation, as stated in Article 8 is evaluated for requirements, technical feasibility and its purpose by Plant Quarantine Officers periodically at least 1 (once) in 6 (six) months.
- (2) Evaluation as stated in clause (1) can also be done at all times.
Article 13
- (1) If the evaluation result, mentioned in Article 12, turns out that the Quarantine Installation, mentioned in Article 8, does not fulfill the requirements and technical feasibility and is not for its stated purpose, mentioned in Article 5, and the owner or responsible party does not perform its obligation as stated in Article 11, then to the owner or responsible party of the Quarantine Installation will be given warning for improvement.
- (2) If the warning as stated in clause (1) is not performed, Plant Quarantine Officers can apply for revocation of settlement as Quarantine Installation as stated in Article 8 to the Director of Agriculture Quarantine Agency through the local Director of Technical Performer Plant Quarantine Unit.
Article 14
Settlement of Quarantine Installation as stated in Article 8 can be terminated in the event of:
- a. cancellation as stated in Article 13 clause (2);
- b. Application from the owner or responsible party; or
- c. the dead line of settlement is ended and is not extended.
CHAPTER V
CLOSING
Article 15
This regulation is effective on the date of settlement.
Settled in Jakarta
On the date of March 1, 2006
MINISTER OF AGRICULTURE,
(signature)
ANTON APRIYANTONO
COPIES of this Regulation are delivered to the Honorable:
- 1. Minister of Economic Coordinator;
- 2. Minister of Foreign Affairs;
- 3. Minister of Domestic Affairs;
- 4. Minister of Finance;
- 5. Minister of Transportation;
- 6. Minister of Law and Human Rights;
- 7. Minister of Sea and Fishery;
- 8. Minister of Forestry;
- 9. Minister of Commerce;
- 10. Chief of Indonesian Police Department;
- 11. Indonesian Attorney General;
- 12. Director of Financial Auditory Board;
- 13. Director of Finance and Development Supervisory Board;
- 14. Director of Indonesian Intelligence Agency;
- 15. General Director of Customs and Excise, Ministry of Finance;
- 16. Echelon I Officers at Ministry of Agriculture;
- 17. Governors of provinces in Indonesia.