Registration and Notification of Hazardous and Toxic Substances

The Ministry of the Environment and Forestry (“Ministry”) has issued Regulation No.  P.36/MENLHK/SETJEN/KUM.1/6/2017 on Registration and Notification Procedures for Hazardous and Toxic Substances (“Regulation 36/2017”). Regulation 36/2017 represents an implementation of Government Regulation No. 74 of 2001 on the Management of Hazardous and Toxic Substances. [1] Prior to the issuance of Regulation 36/2017, these same matters were regulated under Ministry Regulation No. 2 of 2010 on the Utilization of the Electronic Registration System for Hazardous and Toxic Substances under the Framework of the Indonesian National Single Window at the Ministry of Environment (“Regulation 2/2010”).In essence, Regulation 36/2017 sets out further provisions relating to registration and notification for Hazardous and Toxic Substances (Bahan Berbahaya dan Beracun– “B3”)B3 RegistrationRegulation 36/2017 mandates that anyone who either produces and/or imports B3 [2] into Indonesian territory should submit a B3 Registration application to the Director General for Waste and B3 Management (“Director General”) either via the online One-Stop Integrated Services system [3] or manually (in cases where the online system is down or where the applicants do not have access to the internet). [4] However, before they can gain access to the online system, applicants are first required to secure usernames and passwords from the Director General by submitting applications along with several documents: 1) Deed of establishment and its amendment (if any); 2) Trade Business License/Industrial Business License/Permanent Business License; 3) Company Registration Certificate; and so forth. [5] After securing official usernames and passwords, applicants should then proceed with the B3 registration process via the online system by uploading the various documents listed below: [6]