to Indonesian
a. that as a follow up to provision of Article 50 paragraph (2) of Government Regulation No. 14/2002 concerning Plant Quarantine, Regulation Minister of Agriculture No. 18/Permentan/OT.160/5/2006 stipulated Implementation of Plant Quarantine Measures In Outside of Entry and Release Places;
b. that by public demand and development of Agriculture Quarantine Agency, for the implementation of plant quarantine measures in outside of entry and release places based on the Regulation of the Minister of Agriculture No. 18/Permentan/OT.160/5/2006, is no longer appropriate and need to be revised;
c. that based on consideration above, it is necessary to re-stipulate the Implementation of Plant Quarantine Measures In Outside of Entry and Release Places;
1.Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
2. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book No. 35/2002, Supplement to Statute Book No. 4196);
3. Presidential Decree No. 84/M/2009 concerning Establishment of United Indonesia Cabinet II;
4. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of the State Ministries;
5. Presidential Regulation No. 24/2010 concerning Position, Task, and Function of the State Ministries as well as Organizational Structure, Duties and Functions of Echelon I of State Ministries;
6. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/2005 concerning Organization and Administration of the Ministry of Agriculture in conjunction with Regulation of the Minister of Agriculture No. 11/Permentan/OT.140/2/2007;
7. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/9/2005 concerning Completeness Organization and Work Flow of the Ministry of Agriculture in conjunction with Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2007;
8. Regulation of Minister of Agriculture No. 05/Permentan/HK.060/3/2006 concerning Requirements and Procedures for Determined of Plant Quarantine Installation Owned by Individual or Legal Entities;
9. Regulation of the Minister of Agriculture No. 22/Permentan/OT140/4/2008 concerning Structure and Organization of Technical Implementation Unit of Agricultural Quarantine Agency;
10. Regulation of the Minister of Agriculture No. 09/Permentan/OT.140/2/2009 concerning Requirements and Plant Quarantine Measures on the Entry of Quarantine Plant Disturbance Organisms Carrier Media into the Territory of the Republic of Indonesia;
11. Regulation of the Minister of Agriculture No. 46/Permentan/HK.340/8/2010 concerning Entry Places of Quarantine Animal Pest and Disease Carrier Media and Quarantine Plant Disturbance Organisms;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING IMPLEMENTATION OF PLANT QUARANTINE MEASURES IN OUTSIDE OF ENTRY AND RELEASE PLACES
In this Regulation:
1. Plant Disturbance Organisms Carrier Media, hereinafter called as Carrier Media is plant and parts thereof and/or other objects that can carry Plant Disturbance Organisms and/or the Quarantine Plant Disturbance Organisms.
2. Plants are all kinds of natural resources in alive or dead, whether treated or not treated yet.
3. Quarantine Plant is measures for prevention of the entry and spread of plant organisms from abroad and from one area to another within the country, or exit from the territory of the Republic of Indonesia.
4. Plant Quarantine Measures, hereinafter called as quarantine measures is the action of inspection, isolation, observation, treatment, detention, denial, destruction, and make free of the plant disturbance organisms carrier and/or quarantine plant disturbance organism.
5. Plant Disturbance Organisms Risk Analysis, hereinafter called AROPT is a process to stipulate that Plant Disturbance Organism is Quarantine Plant Disturbance Organism or Important Plant Disturbance Organism, as well as to stipulate requirements and appropriate Plant Quarantine Measures to prevent entry and spread or the Plant Disturbance Organism.
6. Plant Quarantine Installation, hereinafter called quarantine installation is a place with all the available means that is used to carry out plant quarantine measures.
7. Entry and/or release places are seaports, river ports, ferry ports, airports, post offices, border with another country posts, and other necessary places, that have been stipulated as places to enter and/or release the plant disturbance organism carrier media.
8. Other places outside of the plant quarantine installation, hereinafter called as other places are places outside of quarantine installation that are used as places for quarantine measures implementation.
9. Conveyance is a mean for the transport of both goods and people by air, sea, and land, including barges and containers.
10. Plant Quarantine Official is the Functional Official of Plant Disturbance Organism Controller that works for Plant Quarantine Installation.
11. Technical Implementation Unit of Local Agricultural Quarantine is Agriculture Quarantine UPT other than Quarantine UPT of entry or release places that are in service area where quarantine measurement is implemented.
(1) This regulation is intended to guide the implementation of quarantine measures in outside of entry and/or release places.
(2) This Regulation aims to facilitate the implementation of quarantine measures of entry and/or release so that it can operate effectively and efficiently.
The scope of this Regulation covers the implementation of quarantine measures in outside of entry and release places, either in quarantine installation or in outside of the quarantine installations.
(1) Quarantine measures implemented at entry place or release place in quarantine installation by Plant Quarantine Official.
(2) In certain cases, and based on the results AROPT, quarantine measures as intended in paragraph (1) can be implemented in outside of entry or release places, either in quarantine installation or in outside of quarantine installation within the territory of the Republic of Indonesia.
(3) In case of carrier media come from outside of the territory of the Republic of Indonesia, quarantine measures as intended in paragraph (2) can be carried out in the origin country.
Quarantine measures as intended in Article 4 paragraph (2) can be done in case of:
(1) Quarantine measures in the origin country as intended in Article 4 paragraph (3) can be made to the carrier that is not prohibited its entry, and based on the AROPT result:
a. carrier media is not a carrier media that subject to isolated and observed measures; and
b. considered more effective and efficient than be done at entry place in the territory of the Republic of Indonesia.
(2) Quarantine measures as intended in paragraph (1) is a medical examination.
(3) Quarantine measures as intended in paragraph (1) must be approved by the Head of the Agricultural Quarantine Agency, the NPPO of origin country, owner, and carrier media producer.
(4) Quarantine measures as intended in paragraph (1) is only be performed on the maximum number of carrier medias that have been approved as intended in paragraph (3).
(5) Quarantine measures in the origin country are performed according to statutory regulations.
(1) The implementation of quarantine measures as intended in Article 4 paragraph (2) in outside of Agriculture Quarantine UPT service area of entry or release places shall be done by plant quarantine official of local Plant Quarantine UPT.
(2) Service area as intended in paragraph (1) as stated in Attachment I as an integral part of this Regulation.
(1) Quarantine measures in outside of quarantine installation as intended in Article 4 paragraph (2) can be carried out if not available Quarantine Installation in outside of entry and release places.
(2) The other place as intended in paragraph (1) shall meet the requirements, such as:
(1) The other place as intended in Article 8 paragraph (1) can be used as the implementation of quarantine measures, in case of:
(2) Determination of the other place as intended in paragraph (1) a, is for the implementation of quarantine measures in the form of isolation and observations.
(3) Approval of other place as intended in paragraph (1) b, is for the implementation of quarantine measures in the form of inspection, detention, treatment, and/or destruction.
(1) Determination of the other place as intended in Article 9 paragraph (2) applies once for a maximum period of 6 (six) months.
(2) Approval of the other place as intended in Article 9 paragraph (3) is given for 1 (once) entry or release of carrier media
(3) If the other place as intended in paragraph (2) will be reused as the implementation of quarantine measures must obtain approval again.
(4) Approval again as intended in paragraph (3) can be given for maximum 5 (five) times.
(5) The other place that has been approved for 5 (five) times as intended in paragraph (4) when will be used as implementation place of quarantine measures should be proposed to be stipulated as a quarantine installation.
Requirements and procedures for the stipulation of other place as the implementation place of quarantine measures are stated in Attachment II as an integral part of this Regulation.
For the purposes of the implementation of quarantine measures in outside of entry and release places as intended in Article 4, the owner of the carrier media responsible for providing the facilities needed to support the implementation of quarantine measures.
Carrier media that will be carried from entry place to quarantine installation or to other place in outside of quarantine installation in outside of entry place for the implementation of quarantine measures, shall:
(1) Quarantine measures in outside of the entry place shall be implemented with the following conditions:
(2) Implementation of quarantine measures as intended in paragraph (1) b, that have been completed should be informed to Agriculture Quarantine UPT of entry place in the form of report by submit copy of release certificate or warrant of destroying.
(1) Any carrier media that will be released from the territory of the Republic of Indonesia, can be taken quarantine measures in outside of release place with the following conditions:
(2) Implementation of quarantine measures as intended in paragraph (1) b, that is finished shall be informed to the Agriculture Quarantine UPT at release place by sending copy of plant healthy certificate (Phytosanitary Certificate).
(3) The provisions as intended in paragraph (1) b and paragraph (2) are exempted if governed by other provision.
(1) Carrier media that will be brought or sent from one area to another within the territory of the Republic of Indonesia, quarantine measure can be taken in outside release place with the following conditions:
(2) On the entry of carrier media fro other area within the territory of the Republic of Indonesia, quarantine measures can be conducted in outside of entry place with the following conditions:
With the enactment of this Regulation, the Regulation of the Minister of Agriculture No. 18/Permentan/OT.160/5/2006 shall be revoked and declared no longer valid.
This Regulation comes into force on the date of promulgation.
For public cognizance, this Regulation of Minister of Agriculture shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on September 28, 2010
MINISTER OF AGRICULTURE OF THE REPUBLIC OF INDONESIA
signed,
SUSWONO