DECREE OF THE MINISTER OF INDUSTRY AND TRADE
NO. 790/MPP/Kep/12/2002 DATED DECEMBER 2, 2002
ON
THE AMENDMENT TO DECREE OF THE MINISTER OF
INDUSTRY AND TRADE NO. 110/MPP/Kep/1/1998 ON PROHIBITION FROM PRODUCING AND TRADING OZONE DEPLETING SUBSTANCES AND
FROM PRODUCING AND TRADING NEW MATERIALS USING OZONE DEPLETING SUBSTANCES
THE MINISTER OF INDUSTRY AND TRADE,
Considering :
a. that chlorofluorocarbon (CFC), especially CFC-11, CFC-12, CFC-113, CFC-114, and CFC-115, is still required by various industries in Indonesia;
b. that Indonesia, in compliance with the Montreal Protocol and Copenhagen Amendment to the Vienna Convention, has the obligation to ban the use of ozone depleting substances classified as CFC, gradually until January 1st, 2010;
c. that, in relation to the matters set forth in paragraph a and b above, it is necessary to amend decree of the minister of industry and trade No. 110/MPP/Kep/1/1998, which has been amended by decree of the minister of industry and trade No. 410/MPP/Kep/9/1998.
In view of :
1. Government Regulation No. 74/2001 on management of dangerous and poisonous substances;
2. Presidential Decree No. 23/1992 on ratification of Vienna Convention for the Protection of the Ozone Layer and 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.
3. Presidential Decree No. 92/1998 on ratification of the Montreal Protocol on Substances that Deplete the Ozone Layer, Copenhagen, 1992;
4. Presidential Decree No. 228/M/2001 on the establishment of the Gotong Royong Cabinet;.
5. Presidential Decree No. 102/2001 on status, tasks, functions, authority, organizational structures and work procedures of ministries;
6. Presidential Decree No. 109/2001 on first-echelon organizational units and tasks of ministries;
7. Decree of the Minister of Industry and Trade No. 410/MPP/Kep/9/1998 on the Amendment to Decree of the Minister of Industry a nd Trade No. 110/MPP/Kep/1/1998 on prohibitions from producing and trading ozone depleting substances and from producing and trading new materials using the ozone depleting substances; 8. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on organization and work procedures
of the department of industry and trade.
Observing :
Letter of the State Minister for Environmental Affairs No. B1634/MENLH/9/2001 dated September 4th, 2001 on the Amendment to Decree of the Minister of Industry and Trade.
DECIDES :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 110/MPP/Kep/1/1998 ON PROHIBITION FROM PRODUCING AND TRADING OZONE DEPLETING SUBSTANCES AND FROM PRODUCING AND TRADING NEW MATERIALS USING OZONE DEPLETING SUBSTANCES.
Article I
1. To amend Article 2 and 4 of Decree of the Minister of Industry and Trade No. 110/MPP/Kep/1/1998 so that it reads as follows :
"Article 2
(1) The substances set forth in Article 1 paragraph 1 shall be prohibited from being produced.
(2) The substances set forth in Article 1 paragraph 2, which use the ozone depleting substances, shall be prohibited from being produced, except those using chlorofluorocarbon (CFC) i.e. CFC-11 (HS 2903.41.000), CFC-12 (HS 2903.42.000), CFC-113 (HS 2903.43.000), CFC-114 (HS 2903.44.000), and CFC-115 (HS 2903.44.000), as materials in inhalation metered-dose industry and small and medium foam, aerosol, and solvent industries.
(3) The provisions of paragraph (2) shall be applicable from the date of stipulation of this decree."
"Article 4
The materials and substances set forth in Article 1 paragraph 1 and paragraph 2, which are still in existence after stipulation of this decree, may only be traded and used until December 31st, 2007."
2. Other provisions set forth in Decree of the Minister of Industry and Trade No. 410/MPP/Kep/9/1998 shall be declared applicable.
Article II
This decree comes into full force and effect from the date of stipulation.
For public cognizance, this decree shall be published by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On December 2nd, 2002
THE MINISTER OF INDUSTRY AND TRADE sgd.
