Act No. 10 2013

Original Language Title: Undang-Undang Nomor 10 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e81b102808aee313231343339.html

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Back COUNTRY GAZETTE EXTRA RI No. 5411 endorsement. The Convention. Rotterdam. Chemicals. Pesticides. Dangerous. Trade. The Approval Procedure. (State Gazette of the Republic of explanation for Indonesia by 2013 the number 72)

EXPLANATION for the law of the Republic of INDONESIA number 10 2013 ABOUT PASSAGE of the ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE (ROTTERDAM CONVENTION on PROCEDURES of APPROVAL on the BASIS of PRELIMINARY INFORMATION for HAZARDOUS CHEMICALS and PESTICIDES in international trade) I.   The GENERAL Constitution of the Republic of Indonesia in 1945 Article 28 h mandates of each person entitled to live prosperous and inner, live, and get a good environment and healthy and has the right to obtain health services. Therefore, the Government has an obligation to provide medical services as well as to protect human health and/or the environment from the threat of health mainly from the impact of the use of chemicals. To that end, the use of chemicals and pesticides harmful to certain should be regulated.

Global trade in the field of industrial chemicals and pesticides is dangerous in particular that are categorized as hazardous materials and toxic, as it grows rapidly in order to meet the needs of industry and agriculture. Trade in hazardous chemicals and pesticides continue to run because it gives certain advantages and still needed particularly by the developing countries to be used as raw materials or helper for industrial and agricultural activities. However, developing countries still have difficulties in order to conduct surveillance as well as to determine the chemicals and pesticides that are safe for human health and the environment.

Concerns trade practices against chemicals and pesticides harmful to certain encouraging the establishment of two procedures of The International Code of Conduct on Distribution and Use of Pesticides at the Conference of the Food and Agriculture Organization (FAO) in 1985, and The London Guidelines for the Exchange of Information on Chemicals in International Trade by the United Nations Environment Programme (UNEP) Governing Council in 1987 and revised in 1989.

In fact both the above procedure has yet to be implemented effectively because it is voluntary and has not yet been set up about shared responsibility and cooperation in international trade in hazardous chemicals and pesticides. To that end, the international community considers the need for a commitment to regulating the procedures of approval on the basis of preliminary information in the international trade in hazardous chemicals and pesticides in particular that is manifested through the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention on procedures of approval on the basis of preliminary information for Hazardous Chemicals and Pesticides in international trade) are hereinafter referred to as the Convention of Rotterdam.

Indonesia has signed the Convention of Rotterdam on 11 September 1998. The Convention entered into force on 24 February 2004 and until March of 2012 has been ratified by 146 countries.

The Rotterdam Convention aims to enhance efforts of shared responsibility and cooperation between countries in the international trade in hazardous chemicals and pesticides to protect human health and the environment as well as to increase the use of chemicals and pesticides-friendly environment through information exchange and decision-making process export and import.

As for the Rotterdam Convention affirms the benefits for Indonesia, among others: 1. Push active role Indonesia in decision making with States parties to determine hazardous pesticides and chemicals in particular that compulsory approval following the procedure on the basis of preliminary information.
2. protecting society from the negative effects of the Indonesia international trade in hazardous chemicals and pesticides through the approval procedure for setting specific on the basis of preliminary information so legally excessive usage against harmful chemicals and pesticides that can harm the health, intelligence, and the quality of Indonesia society.
3. Strengthen the regulation and supervision of related national policies and procedures the trade of chemicals and harmful pesticides.
4. Preventing environmental pollution and disruption to the health, security and safety of the environment due to the use of dangerous chemicals and pesticides that are banned and restricted.
5. Enhance the capacity of the institutional and human resource competencies in conducting oversight of decision-making and the ability to import and export of dangerous chemicals and pesticides.
6. To gain access to exchange information easily on chemicals and pesticides harmful to certain banned and restricted from fellow Country Parties.
7. Obtain opportunities of cooperation in terms of technology transfer and funding assistance for the development of infrastructure and capacity for the implementation of the Convention.
8. Raise international cooperation to prevent and monitor the illegal trade of chemicals and harmful pesticides.
9. Reaffirms the position of Indonesia against the agreement in the Declaration of Rio on environment and development, Agenda 21 and Chapter XIX on managing toxic chemicals that are Environmentally including prevention of illegal international traffic of hazardous chemicals and toxic.

The Rotterdam Convention was drawn up based on the principle that trade and environment policies should be mutually supportive with a view to achieving sustainable development.

The Rotterdam Convention applies to chemicals that are banned or restricted pesticides and formulations that are dangerous.

The Rotterdam Convention does not apply to: a. the narcotic drugs and psychotropic substances;

b. the radioactive materials;

c. waste;

d. chemical weapons;

e. drugs;

f. addition of chemicals in food;

g. food;
h. chemicals in quantities not likely to affect human health and the environment when such materials are imported: (i) for the purpose of research or analysis; or (ii) by an individual for his own use in quantities reasonable for such use.

However, in accordance with the provisions of article 15 paragraph (4) of this Convention, the Government of Indonesia may set stricter settings than established by this Convention in order to better protect human health and the environment, provided that such action is consistent with the provisions of this Convention and in accordance with international law.

Some of the legislation related to the Convention, among other things: a. law number 5 of 1984 on Industry (State Gazette of the Republic of Indonesia number 22 in 1984, an additional Sheet of the Republic of Indonesia Number 3274);
b. Act No. 12 of 1992 about Budi power plant System (Sheet Republic of Indonesia Number 46 in 1992, an additional Sheet of the Republic of Indonesia Number 3478);
c. Law No. 17 of 2008 about the voyage (Gazette of the Republic of Indonesia Number 64 in 2008, an additional Sheet of the Republic of Indonesia Number 4849);
d. Act No. 19 of 2009 about the endorsement of the Stockholm Convention on Persistent Organic Pollutants (the Stockholm Convention on Persistent Organic Pollutants) (State Gazette of the Republic of Indonesia Number 89 in 2009, an additional Sheet of the Republic of Indonesia Number 5020);
e. Act No. 22 of 2009 about traffic and Road Transport (State Gazette of the Republic of Indonesia year 2009 Number 96, an additional Sheet of the Republic of Indonesia Number 5025);
f. Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059);
g. the Government Regulation number 7 in 1973 about the supervision over the Circulation, storage and use of Pesticides (State Gazette of the Republic of Indonesia No. 12 of 1973);
h. the Government Regulation number 6 of 1995 on the protection of the plant (State Gazette of the Republic of Indonesia No. 12 of 1995, an additional Sheet of the Republic of Indonesia Number 3598);
i. Government Regulation No. 8 of 2001 on Fertilizers Budi power plant (State Gazette of the Republic of Indonesia No. 14 in 2001, an additional Sheet of the Republic of Indonesia Number 4079);
a. the Government Regulation Number 74 in 2001 about the management of hazardous materials and toxic (Gazette of the Republic of Indonesia Number 138 in 2001, an additional Sheet of the Republic of Indonesia Number 4153).
II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear.
Article 2 is quite clear. fnFooter ();