Trade Minister Regulation Number 26/m-Dag/per/6/2009 Year 2009

Original Language Title: Peraturan Menteri Perdagangan Nomor 26/M-DAG/ PER/6/2009 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51deb04e308073313233383433.html

BN 208-2009 .doc REPUBLIC INDONESIA No. 208, 2009 Department. Trade. Import. Waste. Toxic. Provisions. Changes. REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA number: 26/M-DAG/PER/6/2009 on CHANGES to the REGULATION of the MINISTER of COMMERCE NUMBER 58/M-DAG/PER/12/2008 ABOUT the CONDITIONS of the IMPORT of WASTE NON HAZARDOUS MATERIALS and TOXIC (NON B3) with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that in order to improve the effectiveness and efficiency of the implementation of the policy on importation of waste Non B3, need to revisit a period of execution of the verification or technical search to import Waste Non B3 as stated on the order number 6 up to 63 in the annex I of the regulation of the Minister of Commerce Number 58/M-DAG/PER/12/2008; b. that based on considerations as referred to in letter a, the Minister of Trade Rules need to be defined; Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86); 2. Act No. 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);

2009, no. 208 2 3. 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); 4. 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 (State Gazette of the Republic of Indonesia Number 93 in 2006, an additional Sheet of the Republic of Indonesia Number 4661); 5. Act No. 23 of 1997 on environmental management (State Gazette of the Republic of Indonesia Number 68 in 1997, an additional Sheet of the Republic of Indonesia Number 3674); 6. Government Regulation number 18 in 1999 about the management of hazardous materials and Toxic Waste (Gazette of the Republic of Indonesia Number 31 of 1999, an additional Sheet of the Republic of Indonesia Number 3815) as amended by the Government Regulation Number 85 in 1999 (State Gazette of the Republic of Indonesia Number 190 in 1999, an additional Sheet of the Republic of Indonesia Number 3910); 7. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade; 8. Presidential Decree Number 61 in 1993 about the endorsement of the Basel Convention on The Control of Transboundary Movements of Hazardous Wastes and Their Disposal (State Gazette of the Republic of Indonesia number 62 of 1993); 9. Presidential Decree Number 194/M in 2004 on the establishment of a United Indonesia Cabinet as amended several times with the decision of the President of the Republic of Indonesia Number 171/M in 2005;

2009, no. 208 3 10. Presidential Regulation No. 9 of 2005 about the position, tasks, functions, Organization, and the work of Ministries of the Republic of Indonesia as amended several times with the President of Indonesia Regulation Number 20 in 2008; 11. the presidential Regulation No. 10 in 2005 about the Task And Organizational Unit Echelons I Ministries of the Republic of Indonesia, as amended several times with the President of the Republic of Indonesia Regulation Number 21 in 2008; 12. The decision of the Minister of industry and trade Number 229/MPP/Kep/7/1997 on general provisions in the field of Import; 13. The decision of the Minister of industry and trade Number 520/MPP/Kep/7/2003 on the prohibition of the import of hazardous materials and Toxic Waste (B3); 14. Regulation of the Minister of Commerce number 01/M-DAG/PER/3/2005 concerning the organisation of work and the Department of Commerce as amended several times with the Trade Minister Regulation Number 34/M-DAG/PER/8/2007; 15. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2007 on the importer Identification Number (API); 16. Regulation of the Minister of Commerce Number 58/M-DAG/PER/12/2008 about the conditions of the Import of waste Non hazardous materials and toxic (Non B3); Decide: define: REGULATION of TRADE MINISTERS on CHANGES to the REGULATION of the MINISTER of COMMERCE NUMBER 58/M-DAG/PER/12/2008 ABOUT the CONDITIONS of the IMPORT of WASTE NON HAZARDOUS MATERIALS and TOXIC (NON B3). Chapter I the provisions of article 8 paragraph (5) and subsection (9) in the regulation of the Minister of Commerce Number 58/M-DAG/PER/12/2008 about the conditions of 2009, no. 208 4 Import Waste Non hazardous materials and toxic (Non B3) amended so that article 8 reads as follows: article 8 (1) any importation of waste Non Non Waste by IP B3 B3 required verification or technical searches in the country of unloading before shipped. (2) implementation of verification or technical search referred to in subsection (1) done by Surveyors who have met the technical requirements, and is set by the Minister. (3) the scope of the implementation of the verification or technical search referred to in subsection (1), which includes: a. the identity (name and address) importer and exporter correctly and clearly; b. number and date of admission as Non Wastes IP B3; c. amount/volume or weight, type and specifications, as well as a number of postal tariffs/HS Non Waste imported B3; d. Description of the time and the exporting country/port of unloading Waste Non B3 imported; e. Description of the place or the port of loading and destination of waste Non B3 imported; f. a description of the imported Waste Non B3 not proven as Waste B3; and g. other information as needed. (4) the implementation of the verification or technical search referred to in subsection (1) is specific to the type of Waste Non B3 number sort 1 to 5 in the annex I of the regulation of the Minister was conducted by PT Surveyor Indonesia (PT SI) and PT. Superintending Company of Indonesia (PT. SUCOFINDO) or other surveyors that meet the technical requirements as well as carry out search or verification of technical compliance with scope as referred to in paragraph (3). (5) the implementation of the verification or technical search referred to subsection (1) for the import of Wastes Non B3 as stated in number sequence 6 to 63 in the annex I of the regulation of the Minister, be performed by 2009, no. 208 5 surveyor appointed by the IP in question B3 Non Waste up to September 24, 2009, as well as carry out search or verification of technical compliance with scope as referred to in paragraph (3). (6) the results of the verification or technical search based on scope as referred to in paragraph (3) was poured in 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. (7) mandatory Surveyor responsible for the results of a search or technical verification as referred to in paragraph (6). (8) in the case of waste Non B3 imported Waste B3 proved as referred to in article 6 paragraph (1) letter b performed a search or technical verification by the Surveyor referred to in subsection (5), shipping back Waste referred to be the responsibility of the Non Waste IP B3 is concerned. (9) After September 24, 2009, the implementation of the verification or technical search to import Waste Non B3 as listed in number order 6 to 63 in Appendix I of this Ministerial Regulation, carried out by the Surveyors set out by the Minister referred to in subsection (2). (10) in the case of waste Non B3 in the form of bulk (bulk) will transit in the port of kapalkan townhouse, mandatory verification or technical search restarted at the time when the waste is Non B3 will be loaded back to the ship. (11) the Surveyor picked up rewards services of importers over the implementation of the verification or technical search referred to in subsection (1) and paragraph (10) whose value is determined by observing the principle of benefits. (12) the Surveyor referred to in subsection (2) is obligated to submit a report on the activities of verification or technical searches in writing every month to the Director General. Article II of this Ministerial Regulation comes into force on the date specified.

2009, no. 208 6 so that everyone knows it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on June 23, 2009 the MINISTER of TRADE of the REPUBLIC of INDONESIA, MARI ELKA PANGESTU Enacted in Jakarta on July 14, 2009 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA