to Indonesian
a. that the Regulation of the Minister of Agriculture No. 07/Permentan/SR.140/2/2007 states Methyl Bromide including the classification of limited pesticides and ozone depleting substances (BPO), so that the user must have the expertise, special skills and certified;
b. that in accordance with the Regulation of the Minister of Trade No. 51/M-DAG/PER/12/2007, Article 2 states Methyl Bromide is banned to be imported except for purposes of quarantine and pre-shipment treatments;
c. that based on consideration above and to make methyl bromide can be used in efficient and effective manner, it is necessary to regulate Use of Pesticide contains Active Methyl Bromide Substance for Plant Quarantine Treatment and Pre-Shipment Treatment;
1. Law No. 12/1992 concerning Plant Cultivation System (Statute Book No. 46/1992, Supplement to Statute Book No. 3478);
2. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
3. Law No. 7/1994 concerning Ratification of Agreement on the Establishment of the World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
4. Law No. 23/1997 concerning Environmental Management (Statute Book No. 68/1997, Supplement to Statute Book No. 3699);
5. Government Regulation No. 7/1973 concerning Supervision on the Distribution, Storage and Use of Pesticides (Statute Book No. 12/1973);
6. Government Regulation No. 74/2001 concerning the Management of Hazardous and Toxic Substances (Statute Book No. 138/2001, Supplement to Statute Book No. 4153);
7. Government Regulation No. 14/2002 concerning Plant Quarantine (Statute Book No. 35/2002, Supplement to Statute Book No. 4196);
8. Presidential Decree No. 2/1977 in conjunction with Presidential Decree No. 45/1990 concerning Ratification of the International Plant Protection Convention 1951;
9. Presidential Decree No. 23/1992 concerning Ratification of the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances That Deplete the Ozone Layer as Adjusted and Amended by the Second Meeting of the Parties London, 27-29 June 1990;
10. Presidential Decree No. 92/1998 concerning Ratification of Montreal Protocol on Substances that Deplete the Ozone Layer, Copenhagen, 1992;
11. Preside Decree No. 187/M/2004 concerning Establishment of United Indonesia Cabinet;
12. Presidential Regulation No. 9/2005 concerning Position, Task, Function, Structure, and Work Flow of the State Ministries of the Republic of Indonesia in conjunction with Presidential Regulation No. 62/2005;
13. Presidential Decree No. 10/2005 concerning Organization Unit and Task of Echelon I of State Ministries of the Republic of Indonesia;
14. Presidential Regulation No. 33/2005 concerning Ratification of Beijing Amendment to the Montreal Protocol on Substances That Deplete the Ozone Layer;
15. Presidential Regulation No. 46/2005 concerning Ratification of Montreal Amendment of the Montreal Protocol on Substances that Deplete the Ozone Layer;
16. Regulation of the Minister of Agriculture No. 299/Kpts/OT.140/7/2005 concerning Organization and Work Flow of the Ministry of Agriculture in conjunction with the Regulation of the Minister of Agriculture No. 11/Permentan/OT.140/2/2007;
17. Regulation of the Minister of Agriculture No. 341/Kpts/OT.140/9/2005 concerning Completeness of Organization and Work Flow of the Ministry of Agriculture in conjunction with the Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2007;
18. Decree of the Minister of Agriculture No. 38/Kpts/HK.060/1/2006 concerning Types of Plant Quarantine Pest Organism Group I Category A1 and A2, Group II Category A1 and A2, Plant Nanny, Carrier Media and Spread Area;
19. Decree of the Minister of Agriculture No. 264/Kpts/OT.140/4/2006 concerning Stipulation of Focal Point of National Plant Protection Organization;
20. Regulation of the Minister of Agriculture No. 271/Kpts/HK.310/4/2006 concerning Requirements and Procedures for the Implementation of Certain Plant Quarantine Measure by Third Party;
21. Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provisions on the Import of Ozone Depleting Substances;
22. Regulation of the Minister of Agriculture No. 07/Permentan/SR.140/2/2007 concerning the Terms and Procedure for Registration of Pesticides;
23. Regulation of the Minister of Agriculture No. 42/Permentan/SR.140/5/2007 concerning the Control of Pesticides;
24. Regulation of the Minister of Trade No. 51/M-DAG/PER/12/2007 concerning the Import of Methyl Bromide for Quarantine and Pre Shipment Purposes;
25. Regulation of the Minister of Agriculture No. 22/Permentan/OT.140/4/2008 concerning Structure and Organization of Technical Implementation Unit Organization of Agricultural Quarantine Agency;
26. Regulation of the Minister of Agriculture No. 09/Permentan/OT.140/2/2009 concerning Requirements and Plant Quarantine Measures Against on the Entry of Quarantine Plant Pest Organism Carrier Media Into The Territory of the Republic of Indonesia;
27. Regulation of the Minister of Agriculture No. 11/Permentan/OT.140/2/2009 concerning Requirements and Procedures for Plant Quarantine Measure Against Releasing and Entry of Quarantine Plant Pest Organism from One Area to Another In the Territory of the Republic of Indonesia;
28. Regulation of the Minister of Agriculture No. 12/Permentan/OT.140/2/2009 concerning Requirements and Procedures for Plant Quarantine Measures Against Entry of Wood Packaging into The Territory of the Republic of Indonesia;
1. IPPC Recommendation Number 1 Replacement or Reduction of the use of Methyl Bromide as a Phytosanitary Measures;
2. Methyl Bromide: Quarantine and Pre Shipment Uses, UNEP;
REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING USE OF PESTICIDES CONTAINS ACTIVE METHYL BROMIDE SUBSTANCE FOR PLANT QUARANTINE TREATMENT AND PRE-SHIPMENT TREATMENT
In this Regulation:
1. Pest Plant Organisms (OPT) are all organisms that can damage, disrupt plant life, or cause death.
2. Quarantine Plant Pest Organisms (OPTK) are all plant pests determined by the Minister of Agriculture to be prevented to enter into and spread in the territory of the Republic of Indonesia.
3. Plant Quarantine is measure for prevention the entry and spread of OPT from abroad and from one area to another within the country or out of the territory of the Republic of Indonesia.
4. Area is area in an island, or island, or islands group in the territory of the Republic of Indonesia which is associated with prevention of the spread of Plant Pests Organisms.
5. Plant Pest Organisms Carrier Media hereinafter called Carrier Media is plants and parts thereof and/or other objects that could bring the Quarantine Plant Pest Organisms.
6. Methyl Bromide is ozone depleting substances with HS Number 2903.39.00.00 and Number CAS 74-83-9.
7. Plant quarantine treatment Measure hereinafter called as quarantine measure is measure taken in physical and/or chemically to free carrier media, people, conveyances, equipment, and packaging of the OPT and/or OPTK.
8. Pre-Shipment Treatment is the fumigation measure for agricultural commodities, packaging, and/or means of conveyance to meet the requirements of the country of destination.
9. Plant Quarantine Official is functional Official of plant pests organism controller that work on the Agriculture Quarantine Agency.
10. Third Party is a fumigation company that is registered in Agriculture Quarantine Agency to take fumigation treatment with methyl bromide fumigant.
11. The company is the holder of registration of pesticides contains active methyl bromide that is given by the Minister of Agriculture and appointed as a Registered Importer of methyl bromide by the Ministry of Trade.
12. Distribution of pesticides contains active methyl bromide hereinafter called as the distribution is a series of activities in distributing pesticides contains active methyl bromide for use of quarantine treatment and/or pre-shipment measures.
(1) This regulation is intended as a guide for Quarantine Officials and Third Parties in the use of pesticides contains active methyl bromide for quarantine treatment and/or pre-shipment treatment.
(2) The purpose of this regulation is using pesticides contains active methyl bromide for quarantine treatment and pre-shipment treatment can be implemented in a controlled, effective and efficient and safe for human and environmental functions.
The scope of this Regulation includes restrictions on use, reduced use and emissions, and monitoring the use of methyl bromide fumigant.
(1) Quarantine treatment and/or pre-shipment treatment by fumigation using methyl bromide fumigant conducted by the Plant Quarantine Official or can be done by the Third Party.
(2) Plant Quarantine Official and Third Party as intended in paragraph (1) must have a certificate of limited use of pesticides.
(3) Quarantine treatment and/or pre-shipment treatment as intended in paragraph (1) that is conducted by the Third Party should be under the supervision of Plant Quarantine Official.
(1) The use of methyl bromide fumigant for quarantine and/or pre-shipment treatments, carried on commodities, containers and/or means of conveyance, in case of:
(2) The requirements of the destination country as intended in paragraph (1) b, can be applied to commodities, containers and/or means of conveyance that transits in the territory of the Republic of Indonesia.
The use of methyl bromide fumigant in quarantine treatment as intended in Article 5 to:
The use of methyl bromide fumigant other than for the purposes of quarantine treatment, and/or pre-shipment treatment, and/or performed by a Quarantine Official or the Third Party as intended in Article 4 shall be liable in accordance with existing regulations.
Reduced use of methyl bromide fumigant in quarantine treatment and/or pre-shipment can be done by:
1. producing OPT free commodities, among others, apply:
2. support treatment by using other method and/or materials, among others:
3. reduce emissions of methyl bromide, among others:
(1) Methyl bromide for quarantine treatment and/or pre-shipment measures are carried out supervision.
(2) Supervision as intended in paragraph (1) consists of monitoring the distribution and use.
(1) Monitoring the distribution as intended in Article 9 is done by the written reporting of distribution by the company to the Head of the Agricultural Quarantine Agency.
(2) Reporting as intended in paragraph (1) performed at the beginning of each year to plan of distribution for 1 (one) year and every 3 (three) months in the realization of the distribution.
(3) Provisions concerning the form and procedure of reporting as intended in paragraph (2) further determined by the Head of the Agricultural Quarantine Agency.
If the company does not do the reporting as intended in Article 10, the Head of the Agricultural Quarantine Agency proposed revocation of license of the company registration number holder to the Minister of Agriculture.
(1) Methyl bromide fumigant by the company is distributed to the Technical Implementation Unit of the Agriculture Quarantine Agency and/or the Third Party.
(2) If the company proved to distribute methyl bromide fumigant to other of the Technical Implementation Unit of the Agriculture Quarantine Agency and/or the Third Party as intended in paragraph (1), the Head of the Agricultural Quarantine Agency proposed revocation of the company registration number holder to the Minister of Agriculture.
(1) Monitoring the use as intended in Article 9 shall be done through submission of writing reports of use and realization of the plan by the Technical Implementation Unit of the Agriculture Quarantine Agency and Third Party to the Head of Agricultural Quarantine Agency.
(2) Report on plan to use the methyl bromide fumigant as intended in paragraph (1), are covers:
(3) The report on the realization of the use of the methyl bromide fumigant as intended in paragraph (1), are covers:
(4) Report on the plan to use as intended in paragraph (1) performed at the beginning of each year for plan to use for 1 (one) year, and reporting on the realization of use as intended in paragraph (1) every 3 (three) months.
(5) Provisions concerning the form and procedures of reporting as intended in paragraph (3) will be determined by the Head of the Agricultural Quarantine Agency.
If the Technical Implementation Unit of Agricultural Quarantine Agency and Third Party does not do the reporting as intended in Article 13 shall be fined sanction according to statutory regulations.
(1) Head of Agricultural Quarantine Agency reports the plan and the realization of the methyl bromide fumigant use for the purposes of measure and pre-shipment quarantine treatments to the Minister of Agriculture, Secretariat of the IPPC, and the institutions responsible for ozone layer protection.
(2) Report as intended in paragraph (1) is used as the basis in determining the plan needs methyl bromide fumigant for quarantine and pre-shipment treatment.
(3) Determination of need for the plan as intended in paragraph (2) serve as the basis for consideration in the planned imports of methyl bromide fumigant.
(1) Agricultural Quarantine Agency shall endeavor to reduce the use of the methyl bromide fumigant for quarantine treatment and pre-shipment treatment.
(2) In an effort to reduce use of the methyl bromide fumigant as intended in paragraph (1), Agricultural Quarantine Agency may conduct testing and/or assessment methods or to obtain other types of quarantine treatment as replacement to use methyl bromide fumigant
(3) Agricultural Quarantine Agency in testing and/or assessment as intended in paragraph (2) may cooperate with universities, government research institutes, and/or private.
This Regulation comes into force on the date of stipulation.
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 July 30, 2009
MINISTER OF AGRICULTURE,
signed,
ANTON APRIYANTONO