to Indonesian
a. that in the framework to increase the quality and genetic diversity and solve shortage of domestic livestock semens and/or germs it is required entry of livestock semens and/or germs;
b. that livestock semens and/or germs can be released to out of country throughout the domestic demand is met and do not interfere the preservation of local animal and extinction;
c. that based on the considerations as intended in paragraphs a and b, as well as the implementation of Article 15 and Article 16 of Law No. 18/2009 concerning Animal Husbandry and Health, it is necessary to regulate Approval Recommendation for the Entry and Removal of Livestock semens and/or germs into and From Territory of the Republic of Indonesia.
1. Law No. 16/1992 concerning Animal, Fish, and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
2. Law No. 5/1994 concerning Ratification of Convention on Biological Diversity (Statute Book No. 41/1994, Supplement to Statute Book No. 3556);
3. Law No. 7/1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
4. Law No. 32/2004 concerning Regional Government (Statute Book No. 60/2004, Supplement to Statute Book No. 3839);
5. Law No. 18/2009 concerning Animal Husbandry and Health (Statute Book No. 84/2009, Supplement to Statute Book No. 5015);
6. Government Regulation No. 38/2007 concerning the Division of Government Affairs between the Government, Provincial Government and District/Municipality Government (Statute Book No. 82/2007, Supplement to Statute Book No. 4347);
7. Presidential Decree No. 84/P/2009 concerning the Establishment of United Indonesia Cabinet II;
8. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of the State Ministries;
9. Presidential Regulation No. 24/2010 concerning Position, Duties, and Function of the State Ministries, and Organizational Structure, Duties and Functions of First Echelon of State Ministries;
10. Regulation of the Minister of Agriculture No. 35/Permentan/OT.140/8/2006 concerning Guidelines for Conservation and Utilization of Animal Genetic Resources;
11. Regulation of the Minister of Agriculture No. 36/Permentan/OT.140/8/ 2006 concerning the System of National Livestock Germs;
12. Regulation of the Minister of Agriculture No. 46/Permentan/HK.340/8/ 2010 concerning Entry and Release places of Carrier Medias of Quarantine Animal Pests and Diseases and Quarantine Plant Disturbance Organism;
13. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10/2010 concerning Organization and Work Flow of the Ministry of Agriculture;
APPROVAL RECOMMENDATION FOR THE ENTRY AND REMOVAL OF LIVESTOCK semens AND/OR GERMS INTO AND FROM TERRITORY OF THE REPUBLIC OF INDONESIA
In this Regulation:
1. Entry of livestock semens and/or germs is activities to import livestock semens and/or germs from abroad into the territory of the Republic of Indonesia.
2. Removal of livestock semens and/or germs is activities to export livestock semens and/or germs from territory of the Republic of Indonesia to abroad.
3. Livestock semens hereinafter called semen is livestock reproduction substance in the form of cement, sperm, ova, bud egg, and embryo.
4. Livestock germs hereinafter called germs is an animal has superior nature, bequeathing and complying with certain requirements for breeding development.
5. Origin country of entry hereinafter called origin country is a country that release Livestock semens and/or germs into territory of the Republic of Indonesia.
6. Animal quarantine measures hereinafter called quarantine measures are activities undertaken to prevent quarantine animal pest disease enter to, separate in, and/or remove from territory of the Republic of Indonesia.
7. Quality requirements of livestock semens and/or germs are technical criteria required for livestock semens and/or germs.
8. Entry approval recommendation hereinafter called RPP is the written information given by the Minister or appointed official to the business entrepreneur who will enter livestock semens and/or germs.
9. Release approval recommended of releasing hereinafter called RPP-l is the written information given by the Minister or appointed official to the business entrepreneur who will release livestock semens and/or germs.
10. Animal diseases are health problems in animals such as caused by genetic defects, degenerative process, metabolic disorders, trauma, poisoning, parasitic infestation, and infections of pathogenic microorganisms.
11. Contagious animal disease is a disease transmitted between animals and animals, animals and humans, as well as animals and other animal disease carrying media through direct or indirect contact with an intermediary mechanical media such as water, air, soil, feed, equipment, and human; or by intermediary biological media.
12. Strategic animal diseases are animal diseases that can cause economic loss, social unrest, and/or high animal mortality.
13. Exotic animal disease is a disease of animals that had never happened or appeared in a country or region, in clinical, epidemiological, or laboratory.
14. Provincial Agency is regional unit work in the field of animal husbandry and/or health function.
15. Center for Plant Variety Protection and Agriculture Licensing hereinafter called PPVTPP is unit work that conducts function of administrative licensing.
16. Business entrepreneurs are individuals or corporations, whether have legal or do not have legal entity, which produce livestock semens and/or germs.
(1) Entry of livestock semens and/or germs for:
(2) Release of livestock semens and/or germs if:
Livestock semen and/or germ that can be entered are listed in Attachment I as an integral part of this Ministerial Regulation.
Entry requirements of livestock semens and/or germs as intended in Article 3 shall meet the administrative requirements and technical requirements.
(1) Administrative requirements as intended in Article 4 for legal entities include:
(2) The administrative requirements for individuals include:
(3) administrative requirements as intended in paragraph (1) does not apply to government agencies which enter livestock semens and/or germs, except for paragraphs f and g.
Technical requirements as intended in Article 4 includes:
Further provisions on the technical requirements as intended in Article 6 paragraph a will be regulated by separate Regulation.
(1) Animal health requirements as intended in Article 6 paragraph b in accordance with the type of livestock semens and/or germs, must:
(2) To meet the animal health requirements as intended in paragraph (1) c animal health certificate is issued from the origin country.
(3) Animal health Certificate as intended in paragraph (2) shall contain the animal health status data in the origin country, animal health status in the farm of origin country, treatment of animal health and quarantine measures in the origin country.
(4) Animal Health Certificate as intended in paragraph (3) issued and signed by the authorized veterinarian of origin country government.
(1) Entry location of livestock semens and/or germs should give attention to the area grouping of livestock germs sources.
(2) Further provisions on area grouping of livestock germs sources as intended in paragraph (1) governed by separate Regulations.
(1) Entry of livestock semens and/or germs as intended in Article 3 may be made by the business entrepreneur after obtain entry import permit from the Minister of Trade.
(2) Minister of Trade gives entry permit as intended in paragraph (1) after issuance of RPP from Minister of Agriculture.
(1) Issuance of RPP as intended in Article 10 paragraph (2) in the implementation carried out by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.
(2) RPP as intended in paragraph (1) is issued in the form of Decree of the Minister of Agriculture, signed by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.
(3) RPP as intended in paragraph (2) at least contain:
(4) The Director General of Animal Husbandry and Health issues RPP as intended in paragraph (2) after the fulfillment of administrative requirements as intended in Article 5 and the technical requirements as intended in Article 6.
Business entrepreneur who enter livestock semens and/or germs must prevent entry and spread of infectious animal diseases as well as maintain the availability of livestock semenss and/or germs.
(1) In case livestock semens and/or germs are entered for the first time, should get advice and consideration of the Livestock Germs Commission.
(2) Livestock semens and/or germs as intended in paragraph (1) before circulated should be released of clumps and/or strains of livestock.
(3) Livestock Germs Commission as intended in paragraph (1) determined by the Minister of Agriculture.
(1) To obtain RPP of livestock semens and/or germs, business entrepreneur shall file written application to the Director General of Animal Husbandry and Health through the Head of PPVTPP, in according to the mocel-1 format.
(2) The application as intended in paragraph (1) shall be equipped with the administrative requirements as intended in Article 5.
(3) The application as intended in paragraph (1) can be submitted online and/or directly.
Head of PPVTPP after receiving a written application as intended in Article 14 within maximum 3 (three) working days period should have provided an answer rejected or accepted.
(1) Application rejected as intended in Article 15 if the administrative requirements as intended in Article 5 is not correct and/or incomplete.
(2) Application rejected as intended in paragraph (1) notified by the Head of PPVTPP to the applicant in writing with the reasons for rejection, in according to the model-2 format.
(1) Application is received as intended in Article 15 if it has met the administrative requirements as intended in Article 5.
(2) The application as intended in paragraph (1) is submitted to the Director General of Animal Husbandry and Health by the Head of PPVTPP, to do the analysis of technical requirements.
(3) Based on the considerations as intended in paragraph (2) the Director General of Animal Husbandry and Health within 7 (seven) working days period, must provide an answer rejected or approved.
(1) Application rejected as intended in Article 17 paragraph (3) if not fulfill the technical requirements as intended in Article 6, will be submitted in writing by the Director General of Animal Husbandry and Health to the business entrepreneur with accompanied with reasons for rejection through the Head of PPVTPP, in according to the model-3 format.
(2) After application is approved as intended in Article 17 paragraph (3), RPP is issued by Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture, according to the model-4 format.
(3) RPP as intended in paragraph (2) is submitted to the Minister of Trade by the Head of PPVTPP through the business entrepreneur with a copy to the Head of Agricultural Quarantine Agency, Director General of Customs and Excise Ministry of Finance, and Head of Agricultural Quarantine UPT of entry point.
(4) Minister of Trade after receiving RPP as intended in paragraph (3) issuing import permits of livestock semens and/or germs.
(1) If a country which has been determined as the origin country of livestock semens and/or germs outbreaks of infectious animal diseases as intended in Article 8, the Minister of Agriculture set a prohibition on the entry of livestock semens and/or germs.
(2) The prohibition of entry of livestock semens and/or germs as intended in paragraph (1) in the form of the Decree of the Minister of Agriculture.
(1) The decision on prohibition of entry of livestock semens and/or germs as intended in Article 19 paragraph (2) is submitted to the Minister of Trade.
(2) Minister of Trade after receiving the decision as intended in paragraph (1) shall revoke the import permit.
Livestock semens and/or germs that can be removed are as listed in Appendix II as an integral part of this Ministerial Regulation.
Removal requirements of livestock semens and/or germs as intended in Article 21 must meet the administrative requirements and technical requirements.
(1) Administrative requirements as intended in Article 22 for legal entities include:
(2) The administrative requirements for individuals include:
(3) Administrative requirements as intended in paragraph (1) do not apply to government agencies that issued the livestock semens and/or germs, except for paragraph (1) letter f.
Technical requirements as intended in Article 22 include:
Further provisions on the technical requirements as intended in Article 24 a are regulated by separate Regulation.
Technical requirements as intended in Article 24 b in accordance with the type of livestock semens and/or germs, must meet the animal health requirements determined by the veterinary authority of the country of destination.
Technical requirements as intended in Article 24 c shall be in accordance with legislation in the field of animal quarantine.
(1) Removal of livestock semens and/or germs as intended in Article 21 can be done by business entrepreneur after obtain export permit from the Minister of Trade.
(2) Minister of Trade issues export permit as intended in paragraph (1) after RPP-I was issued by the Ministry of Agriculture.
(1) Issuance of RPP-I as intended in Article 28 paragraph (2) in the implementation carried out by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.
(2) RPP-I as intended in paragraph (1) is issued in the form of Decree of the Minister of Agriculture, signed by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.
(3) RPP-I as intended in paragraph (2) at least contain:
(4) The Director General of Animal Husbandry and Health issues RPP-I as intended in paragraph (2) after the fulfillment of administrative requirements as intended in Article 23 and the technical requirements as intended in Article 24.
(1) To obtain RPP-I of livestock semens and/or germs, business entrepreneur shall file written application to the Director General of Animal Husbandry and Health through the Head of PPVTPP, in according to the model-5 format.
(2) The application as intended in paragraph (1) shall be equipped with the administrative requirements as intended in Article 23.
(3) The application as intended in paragraph (1) can be submitted online and/or directly.
Head of PPVTPP after receiving a written application as intended in Article 30 paragraph (1) within a maximum 3 (three) working days period should have provided an answer rejected or accepted.
(1) Application is rejected as intended in Article 31 if the administrative requirements documents as intended in Article 23 are incorrect and/or incomplete.
(2) Application is rejected as intended in paragraph (1) is notified by the Head of PPVTPP to the applicant in writing with the reasons for rejection, in according to the model-6 format.
(1) Application is approved as intended in Article 31 if it has met the administrative requirements as intended in Article 23.
(2) The application as intended in paragraph (1) is submitted by the Head of PPVTPP to the Director General of Animal Husbandry and Health to get technical requirements analysis.
(3) Based on the technical requirements analysis as intended in paragraph (2) the Director General of Animal Husbandry and Health within a period of 7 (seven) working days, must provide an answer of rejection or approval.
(1) Application rejected as intended in Article 31 paragraph (3) if does not meet the technical requirements as intended in Article 24 will be submitted by the Director General of Animal Husbandry and Health to the business entrepreneur in written accompanied with the reason of rejection through the Head of PPVTPP, in according to the model-7 format.
(2) Approved Application as intended in Article 33 paragraph (3) will be issued RPP-I by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture, in accordance with the model-8 format.
(3) RPP-I as intended in paragraph (2) is submitted to the Minister of Trade by the Head of PPVTPP through the business entrepreneur with a copy to the Head of Agricultural Quarantine Agency, Director General of Customs and Excise Ministry of Finance, and Head of the Agricultural Quarantine UPT of export point.
(4) Minister of Trade after receiving RPP-I as intended in paragraph (3) issues export permit of livestock semens and/or germs.
(1) Business entrepreneur who import and/or export livestock germs must meet the requirements as intended in Article 5, Article 6, Article 23 and Article 24 also shall comply with animal welfare in transportation.
(2) In addition to meeting animal welfare as intended in paragraph (1) the transportation of livestock germs must separate with non germs livestock and/or with other kind of animal.
To prevent the contagious animal diseases from abroad through the transit conveyance that carries the livestock germs, transit can only be approved at the places determined in accordance with legislation in the field of animal quarantine.
Business entrepreneurs who obtained their RPP and RPP-I from the Director General of Animal Husbandry and Health should apply for import and/or export permit of livestock semens and/or germs to the Minister of Trade.
(1) Business entrepreneurs who obtained import or export permit of livestock semens and/or germs from Minister of Trade shall carry out import or export of livestock semens and/or germs.
(2) Business entrepreneur who already import or export as intended in paragraph (1) shall report the realization of import or export, in according to the model-9, model-10, and model-11 format.
(3) The realization report as intended in paragraph (1) no later than within 7 (seven) calendar days after the import or export of livestock semens and/or germs is submitted to the Director General of Animal Husbandry and Health with a copy of the Minister of Trade, Head of Agricultural Quarantine Agency, and Head of the provincial agency.
(1) Supervision on the import and export of livestock semens and/or germs is carried either directly or indirectly.
(2) Direct supervision is carried out:
(1) Supervision as intended in Article 39 paragraph (2) a is carried out on animal quarantine requirements.
(2) Supervision as intended in Article 39 paragraph (2) b is carried out on the requirements of livestock semens and/or germs quality.
Indirect supervision is based on the report as intended in Article 39 paragraph (1).
Further provisions on the supervision of livestock semens and/or germs as intended in Article 39 shall be regulated by a separate Regulation.
Business entrepreneur after obtain RPP or RPP-I as intended in Article 37 does not apply for a permit to the Minister of Trade within the period specified in the RPP or RPP-I will be considered to obtain next RPP or RPP-I.
(1) Business entrepreneur after obtain permit from the Minister of Trade as intended in Article 38 paragraph (1) does not carry out import or export and after import or export does not report import or export realization subject to administrative sanctions in the form:
(2) The administrative sanctions as intended in paragraph (2) proposed by the Minister of Agriculture to the Minister of Trade.
SPP and SPP-I of livestock semens and/or germs that have been issued before the enactment of this regulation remains in force until the expired date.
With the enactment of this Regulation, the provisions of the Import and Export of Livestock semens and/or Germs that are govern by Regulation of the Minister of Agriculture No. 07/Permentan/OT.140/1/2008 concerning Requirements and Procedure to Import and Export Livestock semens, Livestock Germs and Cattle, shall be revoked and declared null and void.
This Regulation comes into force on the date of promulgation.
For public cognizance, this Regulation of Minister of Agriculture promulgated by placing it in the Official Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on 7 September 2011
MINISTER OF AGRICULTURE,
signed,
SUSWONO