Trade Minister Regulation Number 23/m-Dag/per/9/2011 In 2011

Original Language Title: Peraturan Menteri Perdagangan Nomor 23/M-DAG/PER/9/2011 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51de6613a0a9d3313233383433.html

bn697-2011 REGULATIONS the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA NUMBER 23/M-DAG/PER/9/2011 ABOUT the CHANGES to the REGULATION of the MINISTER of COMMERCE NUMBER 44/M-DAG/PER/9/2009 on PROCUREMENT, distribution, and MONITORING HAZARDOUS MATERIALS by the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that in order to improve the effectiveness of supervision of harmful substances in particular originating from imports, need to specify the destination port import hazardous materials and technical search or verify imports of hazardous materials at the port of unloading; b. that based on considerations as referred to in letter a, need to change the regulation of the Minister of Commerce Number 44/M-DAG/PER/9/2009 on Procurement, distribution and supervision of hazardous materials; c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of trade; Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86); 2. Ordonnantie Hazardous Chemicals (Staatsblad 1949 Number 377); 3. Emergency laws number 7 in 1955 about the Investigation, Penindakan, Judicial and Economic Crime (State Gazette of the Republic of Indonesia Number 27 in 1955, additional sheets of the Republic of Indonesia Number 801), as it has several times changed with the replacement Government Regulations Act No. 26 in 1960 about the changes to article 27 and article 28 Emergency Law number 7 of 1955 (Gazette of the Republic of Indonesia Number 74 of 1960 Additional Sheets, the Republic of Indonesia Number 1910); 4. Act No. 1 1970 about Work Safety (State Gazette of the Republic of Indonesia number 1 in 1970, an additional Sheet of the Republic of Indonesia Number 2922); www.djpp.depkumham.go.id 2 5. Act No. 3 of 1982 on Obligatory list of companies (State Gazette of the Republic of Indonesia number 7 in 1982, an additional Sheet of the Republic of Indonesia Number 3214); 6. Act No. 7 of 1994 about an endorsement Agreement Establishing The World Trade Organization (agreement of the establishment of the World Trade Organization), (State Gazette of the Republic of Indonesia Number 57 in 1994, an additional Sheet of the Republic of Indonesia Number 3564); 7. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612) as amended by Act No. 17 of 2006 (the 2006 State Gazette Number 93, State Gazette Supplementary Number 4661); 8. Act No. 7 of 1996 on Food (Gazette of the Republic of Indonesia Number 99 in 1996, an additional Sheet of the Republic Indonesia country number 3656); 9. Act No. 6 of 1998 about the endorsement of the Convention On The Prohibition Of The Development, Production, Stockpiling And Use Of Chemical Weapons And On Their Destruction (Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons as well as Of Pemusnahannya), (State Gazette of the Republic of Indonesia Number 171 in 1998, an additional Sheet of the Republic of Indonesia Number 3786); 10. Act No. 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Efforts (the Gazette of the Republic of Indonesia Number 33 of 1999, an additional Sheet of the Republic of Indonesia Number 3825); 11. Act No. 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia Number 42 in 1999, an additional Sheet of the Republic of Indonesia Number 3821); 12. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as it has several times changed with Act No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 13. Act No. 29 of 2007 about the Government of the province of Jakarta as the capital of the State Union of Republic Indonesia (State Gazette of the Republic of Indonesia Number 93 in 2007, an additional Sheet of the Republic of Indonesia Number 4744); 14. Act No. 9 of 2008 on the use of chemicals and a ban on the use of chemicals As chemical weapons (Gazette of the Republic of Indonesia Year 2008 Number 49, additional sheets of the Republic of Indonesia Number 4834 www.djpp.depkumham.go.id 3); 15. Act 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); 16. 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); 17. Act No. 36 of 2009 about health (State Gazette of the Republic of Indonesia Number 144 in 2009, an additional Sheet of the Republic of Indonesia Number 5063); 18. Government Regulation Number 69 in 1999 about labeling and advertising of food (Gazette of the Republic of Indonesia year 1999 Number 131, an additional Sheet of the Republic of Indonesia Number 3867); 19. Government Regulation Number 58 in 2001 about coaching and Supervision Organization of consumer protection (State Gazette of the Republic of Indonesia Number 103 in 2001, an additional Sheet of the Republic of Indonesia Number 4126); 20. 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); 21. Government Regulation Number 28 in 2004 about the safety, quality, and nutrition Food (Gazette of the Republic of Indonesia Number 107 in 2004, an additional Sheet of the Republic of Indonesia Number 4384); 22. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local authorities and the regional Government of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 23. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade; 24. Presidential Decree Number 65 of 1998 on Ratification of the International Convention on the Safety of Life at Sea 1974; 25. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II; 26. The regulations President Number 47 in 2009 about the formation and organization of the Ministries; 27. the presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries; 28. The decision of the Minister of industry Number 148/M/SK/4/1985 of Dangerous and Toxic Materials Security at industrial enterprises; 29. Regulation of the Minister of health the number 239/Menkes/Per/V/1985 on Certain Color Substances declared as hazardous materials; www.djpp.depkumham.go.id 4 30. Regulation of the Minister of health the number 717/MENKES/PER/IX/1988, as amended by regulation of the Minister of health Number 1168/MENKES/PER/X/1999 of food additive; 31. Regulation of the Minister of health Number 472/Menkes/Per/V/1996 on Security Materials harmful to health; 32. The Minister of industry and trade Decree Number 230/MPP/Kep/7/1997 of Goods Regulated Commerce Imports as it has several times changed with the decision of the Minister of industry and trade Number 407/MPP/Kep/6/2003; 33. The decision of the Minister of labour the number 187/MEN/1999 on Control of hazardous chemicals in the workplace; 34. Regulation of the Minister of health Number 1184/Menkes/Per/X/2004 about Health Tools and Safeguards the health of household Supplies; 35. Regulation of the Minister of Commerce number 16/M-DAG/PER/3/2006 about structuring and construction of Warehousing; 36. Regulation of the Minister of Commerce Number 36/M-DAG/PER/9/2007 on Permit Issuance trading business; 37. Regulation of the Minister of Commerce Number 20/M-DAG/PER/5/2009 on conditions and procedures for the supervision of goods and/or services; 38. Regulation of the Minister of Commerce Number 44/M-DAG/PER/9/2009 on Procurement, distribution and supervision of hazardous materials; 39. Minister of Trade Regulation Number 45/M-DAG/PER/9/2009 on the number Identifier Importer (API) as it has several times changed the last Trade Ministerial Regulation Number 20/M-DAG/PER/7/2011; 40. Regulation of the Minister of Commerce Number 54/M-DAG/PER/10/2009 on the General provisions in the field of Import; 41. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of trade; Decide: define: REGULATION of TRADE MINISTERS on CHANGES to the REGULATION of the MINISTER of COMMERCE NUMBER 44/M-DAG/PER/9/2009 on PROCUREMENT, distribution, and MONITORING HAZARDOUS MATERIALS. Article I some provisions in the regulations the Secretary of Commerce Number 44/M-DAG/PER/9/2009 on Procurement, distribution and www.djpp.depkumham.go.id


5 supervision of hazardous materials, modified to read as follows: 1. Article 1 is amended to read as follows: article 1 In this ministerial regulation is: 1. Hazardous materials hereinafter abbreviated B2 are substances, chemicals and biological, whether in the singular or blends that can harm health and the environment, directly or indirectly, which has toxic (toxicity) , carcinogenic, mutagenic, corrosive, Teratology, and irritation. 2. the company is any form of business, the individual or business entity that is owned by the citizens of Indonesia and domiciled in the territory of the Republic of Indonesia, either in the form of a legal entity or not legal entities that conduct business activities trading B2. 3. Producers of hazardous materials hereinafter abbreviated to P-B2 is a company that manufactures the B2 in the country and have a business license of the authorized Agency Industry. 4. Hazardous materials Manufacturer Importer hereinafter abbreviated to IP-B2 is the importer the manufacturer recognized by the Director-General of Daglu and approved for importing your own B2 are reserved only in the production process meets the needs of the company concerned. 5. The importer Listed hazardous materials hereinafter abbreviated IT-B2 is the importer is not the manufacturer, the owner of a Number of General Importer Identification (API-U), which got approval and specific tasks of the Director-General of Daglu for importing B2. 6. A Distributor Listed hazardous materials hereinafter abbreviated DT-B2 is the company appointed by the P-B2 and/or IT-B2 and get a business license from Dirjen special trade PDN to channel B2 to PT-B2 or directly to the PA-B2. 7. the Branch Office of the company is a company that is a unit or part of a parent company may be located in different places and can be stand alone or served to carry out some tasks from its parent company. 8. The retailer Listed hazardous materials hereinafter abbreviated PT-B2 is the company's designated DT-B2 and get special trade business license B2 from the Governor in this head of Department of the province to sell B2 to PA-B2. 9. End user hazardous materials hereinafter abbreviated PA-B2 is an industrial company that use B2 as raw/helper which processed in physical chemistry, so it changes its chemical and physical properties as well as gain added value, and business entities or institutions www.djpp.depkumham.go.id 6 use B2 as a helper suitable allocation that has permission from the relevant authorities. 10. Trade Business License hazardous materials hereinafter abbreviated SIUP-B2 is a licence to be able to carry out the business activities of special trade B2. 11. Procurement B2 is the process/activity the provision by P-B2 B2 B2, IP-and IT-B2. 12. the verification or Technical Search Import technical inspection activities is the top imported products made at the port of unloading of the goods by the Surveyor. 13. the Surveyor is a company survey that got the authorization to conduct the search or verification of technical product imports. 14. the distribution of B2 is channeling or the circulation and sale of IT-B2 B2 and/or P-B2 to DT-B2, from DT-B2 to PT-PT-of B2, B2 to PA-B2, or IT-B2 and/or P-B2 directly to PT-B2, or IT-B2 and/or P-B2 directly to PA-B2. 15. oversight activities is a series of examinations to control procurement of import, distribution and use of B2. 16. The team is a team of Inspectors who perform the inspection upon the legality and correctness of the existence of physical storage, on-site packaging reset (repacking) and means of transport used by DT-B2 B2 distribution activities to do. 17. The number of CAS (Chemical Abstract Service) is a system of registration or index of chemical compounds that are adopted internationally, making it possible to identify any specific chemical compounds. 18. Safety Data Sheet (LDK)/Safety Data Sheet (SDS) is a sheet of instructions that contains information about the physical properties of B2, chemistry, the kind of danger that is posed, the way of handling, and special measures in emergencies. 19. The Label is any description of B2 in the form of images, text, or a combination of both other forms that contain information about B2 and Company information and other information in accordance with Laws-the invitation, which is included on the product, put it in, placed on, or are part of the package. 20. Packaging is used for hosts and/or wrapping B2, both direct contact with B2 or not. 21. The Head Office of the province is the Head Office of the Province the duties and responsibilities in the field of trade. 22. The Head Office of Kabupaten/Kota is the Head Office of Kabupaten/Kota that tasks and responsibilities in the field of trade. 23. The Director General of foreign trade, the Director General hereinafter referred to Daglu is the Director General of the duties and responsibilities of 7 www.djpp.depkumham.go.id in the field of foreign trade. 24. The Director-General of domestic trade, hereinafter called the Director-General of the PDN is the Director General of duties and responsibilities in the field of domestic trade. 25. The Minister is the Minister of the organizing Affairs of the Government in the field of trade. 2. The provisions of article 2 is modified to read as follows: article 2 (1) Type B2 regulated Commerce Import and distribution is made up of chemicals that harm your health and damage the sustainability of the environment, as listed in Annex I and annex II of this regulation of the Minister. (2) Type B2 referred to in subsection (1) may be reviewed according developments. (3) Type B2 referred to in subsection (1) may only be used or exploited in accordance with the allocation. (4) Type B2 as referred to in paragraph (1) it is prohibited to use and utilized for food and food-related industries. 3. In between article 5 and article 6 inserted three (3) article, namely Article 5A, section 5B, 5 c and article to read as follows: article 5A Per import B2 by IP-B2 and B2-IT can only be done through the port of destination: a. seaports: Belawan in Medan, Tanjung Priok in Jakarta, Tanjung Emas in Semarang, Tanjung Perak in Surabaya, and Soekarno-Hatta in Makassar; and/or b. the entire international air port. Article 5B (1) any import B2 by IP-B2 and IT-B2 must be verified or Technical Import Search first by Surveyors in the country where the port of unloading before shipped. (2) the Verification Results or Technical Search imports by Surveyor is poured into the form of the report of the Surveyor (S) to be used as complementary documents customs in the completion of customs import in the field. (3) the entire burden of the cost of verification or Technical Search Imports carried out by Surveyors is borne by the IP-IT-B2 and B2 are concerned. Article 5 c (1) implementation of verification or Technical Search Imports as referred to in article 5B subsection (1) done by a Surveyor assigned Minister. www.djpp.depkumham.go.id 8 (2) the Surveyor referred to in subsection (1) must satisfy the following requirements: a. have a business license Services Survey (SIUJS); b. experience as Surveyor at least 5 (five) years; c. have a branch or representative office and/or its affiliates in foreign countries and has a network to support the effectiveness of verification services; and d. have record-trail (track records) in the field of the management of import verification activities. (3) the Surveyor referred to in subsection (1) is obligated to deliver a written report regarding the search or Verification activities recapitulation Technical Director General Daglu to B2 Import in this case Director of Imports every month on the 15th of the next month. 3. In between Article 26 and article 27 pasted one article, namely Article 26A to read as follows: article 26A Surveyors who do not carry out obligations as referred to in article 5 c of paragraph (3) penalties for the removal of designation as a Surveyor upon import of B2. Article II of this Ministerial Regulation comes into force on November 1, 2011. In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on September 7, 2011 REPUBLIC MINISTER of TRADE, MARI ELKA PANGESTU Enacted in Jakarta on November 7, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, AMIR SYAMSUDDIN REPUBLIC INDONESIA in 2011 NUMBER 697 www.djpp.depkumham.go.id 9 www.djpp.depkumham.go.id