Minister of Industry of the Republic of Indonesia MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA REGULATION NUMBER: 01/M-IND/PER/1/2009

Transcription

1 Minister of Industry of the Republic of Indonesia MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA REGULATION NUMBER: 01/M-IND/PER/1/2009 REGARDING THE IMPOSITION OF A COMPULSORY INDONESIAN NATIONAL STANDARD (INS) FOR HOT-ROLLED STEEL SHEETS, PLATES, AND COILS WITH THE BLESSING OF GOD ALMIGHTY THE MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA Considering: Taking into account a. that in the framework of guaranteeing quality and achieving production efficiency, protecting product quality for consumers, and creating fair business competition, it is necessary to impose a compulsory Indonesian National Standard (INS) for hot-rolled steel plates, sheets and coils; b. that based on the consideration referred to in letter a, it is necessary to issue a Minister of Industry Regulation; 1. Law Number 5 of 1984 regarding Industry (Official Gazette of the Republic of Indonesia of 1984 Number 22, Supplement to the Official Gazette of the Republic of Indonesia Number 3274); 2. Law Number 8 of 1999 regarding Consumer Protection (Official Gazette of the Republic of Indonesia of 1999 Number 42, Supplement to the Official Gazette of the Republic of Indonesia Number 3821); 3. Law Number 32 of 2004 regarding Local Government (Official Gazette of the Republic of Indonesia of 2004 Number 125, Supplement to the Official Gazette of the Republic of Indonesia Number 4437); as amended several times the last by Law Number 12 of 2008 (Official Gazette of the Republic of Indonesia of 2008 Number 59, Supplement to the Official Gazette of the Republic of Indonesia Number 4844); 4. Government Regulation Number 17 of 1986 regarding the Authority of Regulations, the Creation and Development of Industry (Official Gazette of the Republic of Indonesia of 1986 Number 23, Supplement to the Official Gazette 1

2 of the Republic of Indonesia Number 3330); 5. Government Regulation Number 102 of 2000 regarding National Standardisation (Official Gazette of the Republic of Indonesia of 2000 Number 199, Supplement to the Official Gazette of the Republic of Indonesia Number 4020); 6. Government Regulation Number 38 of 2007 regarding the Division of Government Affairs between Administrations, Provincial Local Government and Regency/City Local Administration (Official Gazette of the Republic of Indonesia of 2007 Number 82, Supplement to the Official Gazette of the Republic of Indonesia Number 4737); 7. Decision of the President of the Republic of Indonesia Number 187/M of 2004 regarding the Formation of a United Indonesia Cabinet as amended several times the last by Decision of the President of the Republic of Indonesia Number 77/P of 2007; 8. Regulation of the President of the Republic of Indonesia Number 9 of 2005 regarding the Status, Duties, Function, Organisational Structure and Work Procedures of Government Ministries of the Republic of Indonesia as amended several times the last by President of the Republic of Indonesia Regulation Number 94 of 2006; 9. Regulation of the President of the Republic of Indonesia Number 10 of 2005 regarding the Organisational Unit and Duties of Echelon I in Government Ministries of the Republic of Indonesia as amended several times the last by President of the Republic of Indonesia Regulation Number 17 of 2007; 10. Decision of the Minister of Industry and Trade Number 634/MPP/Kep/9/2002 regarding the Provisions and Procedures for Control of Goods and or Services Available in the Market; 11. Minister of Industry Regulation Number 01/M-IND/PER/3/2005 regarding the Organisation and Work Procedures of the Ministry of Industry; 12. Minister of Industry Regulation Number 19/M-IND/PER/5/2006 regarding the Standardisation, Creation and Control of Indonesian National Standards in the Industrial Field; 13. Minister of Trade Regulation Number 14/M-DAG/PER/3/2007 regarding the Standardisation of Services in the Field of Trade and Control of Compulsory Indonesian National Standards (INS) for Traded Goods and Services; DECIDES Decrees : A MINISTRY OF INDUSTRY REGULATION REGARDING THE IMPOSITION OF A COMPULSORY INDONESIAN NATIONAL STANDARD (INS) FOR HOT-ROLLED STEEL SHEETS, PLATES AND COILS 2

3 Article 1 In this Ministerial Regulation what is meant by: 1. INS MC is the Indonesian National Standard Marking Certificate. 2. NAC is the National Accreditation Committee. 3. IPC is the Institution for Product Certification. 4. The standards control officer for goods and services at a factory hereinafter called the PPSP is the civil servant in the centre or a region designated by an industrial management certificate to carry out the control of goods and services in factories where an INS has been compulsorily imposed. 5. The Director General of Industry Development is the Director General of the Metal, Machinery, Textile and Multifarious Industries of the Ministry of Industry 6. The Head of the ARDI is the Head of the Agency for Research and Development Industry of the Ministry of Industry. 7. The Head of the Provincial Service is the Head of the Provincial Service who carries out the task of managing administration in the field of industry. 8. The Head of the Regency/City Service is the Head of the Regency/City which carries out the task of managing administration in the field of industry. Article 2 (1) Imposes a compulsory Indonesian National Standard (INS) and or its revision for Type of Product INS No. Tariff No. / Harmonized System (HS) Hot-rolled steel sheets, plates and coils , , , , , , , , , , , , , , , , , ,

4 (2) Hot-rolled steel sheets, plates and coils as referred to in paragraph (1) are sheet and rolled steel made from steel in the form of slabs which are produced through a hot rolled process stage above re-crystallisation temperature. Article 3 A company which produces hot-rolled steel sheets, plates and coils as referred to in Article 2 paragraph (1) is required to apply the INS by : a. having an INS MC for hot-rolled steel sheets, plates and coils in accordance with the provisions in force; and b. affixing the INS mark to each product with labelling which is easy to read and does not easily disappear. Article 4 Hot-rolled steel sheets, plates and coils traded domestically, which originate from domestic and or imported production are required to meet the provisions of the INS as referred to in Article 3. Article 5 (1) The issue of an INS MC for hot-rolled steel sheets, plates and coils as referred to in Article 3 letter a, will be implemented by the IPS accredited by the NAS and or designated by the Minister of Industry by : a. testing the quality suitability of hot-rolled steel sheets, plates and coils in accordance with the requirements of the INS; and b. an audit of the application of the INS /ISO 9001:2000 quality management system or its revision. (2) Testing as referred to in paragraph (1) letter a may be subcontracted to a test laboratory accredited by the NAC or designated by the Minister of Industry or subcontracted to a foreign test laboratory as long as it has a Mutual Recognition Agreement (MRA) between the NAC and the national accreditation agency concerned, together with the country involved with the Republic of Indonesia. (3) An audit of the quality management system as referred to in paragraph (1) letter b is based on a guarantee issued by the an Institution for Quality Certification accredited by the NAC or a foreign accreditation agency which has a mutual recognition agreement (MRA) with the NAC. Article 6 The IPC as referred to in Article 5 will report the execution of certification to the Director General of Industry Development with a copy to the Head of the IRDA. 4

5 Article 7 (1) Imported hot-rolled steel sheets, plates and coils which enter the Indonesian customs area are required to meet the provisions of the INS which is evidenced by an INS-MC. (2) Imported hot-rolled steel sheets, plates and coils which have an INS-MC must be registered in accordance with the provisions of the law and regulations. Article 8 Imported hot-rolled steel sheets, plates and coils which do not meet the conditions as referred to in Article 7 are prohibited from entering the Indonesian customs area and must be re-exported or destroyed. Article 9 (1) The management and control of the implementation of the application of the hot-rolled steel sheet, plates and coil INS will be conducted by the Director General of Industry Management and carried out by an SCO at least once a year. (2) In executing the control as referred to in paragraph (1) the Director General of Industry Management may coordinate with the Head of a Provincial Service and or the Head of a Regency/City Service. (3) The Head of the ARDI will carry out the management of the Institution for Evaluation of Suitability in the framework of the compulsory application of the INS to products. Article 10 The Director General of Industry Management will establish technical guidelines for the implementation of this Ministerial Regulation. Article 11 Sanctions will be imposed on any businessman who contravenes the provisions of this Ministerial Regulation in accordance with the provisions of the law and regulations. Article 12 A businessman who had an INS-MC for hot-rolled steel sheets, plates and coils before this Ministerial Regulation, must have harmonised production and the INS- MC on the basis of the provisions in this Ministerial Regulation at the latest by the date this Ministerial Regulation comes into effect. Article 13 This Ministerial Regulation will come into effect 4 (four) months after the date 5

6 it is decreed. To ensure that all persons are informed this Ministerial Regulation will be promulgated in the Official Gazette of the Republic of Indonesia. Promulgated in Jakarta on 7 January 2009 MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA (sgd) ANDI MATTALATA Decreed in Jakarta on 6 January 2009 MINISTER OF INDUSTRY OF THE RI (sgd) FAHMI IDRIS OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA 2009 NUMBER 1 Copy accords with the original Secretariat General of the Ministry of Industry Head of the Law and Organisation Office MINISTRY OF INDUSTRY RI PRAYONO SECRETARIAT GENERAL 6