ARRANGEMENT ON THE COOPERATION IN QUALITY CONTROL AND HYGIENE SAFETY OF IMPORT AND EXPORT FISH AND FISHERY PRODUCTS BETWEEN THE MINISTRY OF MARINE AFFAIRS AND FISHERIES OF THE REPUBLIC OF INDONESIA i AND THE MINISTRY OF MARITIME AFFAIRS AND FISHERIES - OF THE REPUBLIC OF KOREA ARRANGEMENT on the Mutual Recognition of Quality Control and Hygiene Safety of Fish and Fishery Products (hereinafter referred to as the "Arrangement" Between : The Ministry of Marine Affairs and Fisheries of the Republic of Indonesia (hereinafter referred to as "MMAF") -and+ The Ministry of Maritime Affairs and Fisheries of The Republic of Korea (hereinafter referred to as "MOMAF*) Hereinafter referred to collectively as the Sides, the Ministry of Marine Affairs and Fisheries of the Republic of Indonesia and the Ministry of Maritime Affairs and Fisheries of the Republic of Korea: Recognizing that fish and fishery products traded between the Sides are intended to be safe, wholesome and properly identified; Desiring to establish a process for recognizing the fish and fishery products inspection and control systems of the Sides; Intending to improve efficiencies, and where possible, to reduce duplication in the fish and fishery products inspection and control systems of the MMAF and the MOMAF; Whereas pursuant to the laws and regulations of the Republic of Indonesia, the MMAF is responsible for the administration and enforcement of the Indonesian fish and fishery products inspection system; and Whereas pursuant to the laws and regulations of the Republic of Korea, the MOMAF is responsible for the administration and enforcement of the Korean fish and fishery products inspection system; Have reached the following understanding, without any prejudice or waiver whatsoever to or of theit respective jurisdictions, authorities or powers, as follows:PARAGRAPH 1 Definitions For the purposes of this Arrangement: (a) "Consumer Protection” means the requirements that exist with respect to the acceptable quality or proper identification of fish or fishery products; (b) “Establishment” means a fish processing factory licensed, registered or approved by the Competent Authorities and operating the hygiene management systems such as Hazard Analysis Critical Contro! Point (HACCP) system; (c) "Fish" includes finfish, crustaceans, molluscs, and other forms of aquatic animal life where such animals are intended for human consumption; (d) "Fishery product" means any food product consisting in whole of fish or a product containing @ portion of fish, including fish that are processed through cutting, heating, cooking, drying, salting, brining, smoking, chilling and freezing (without using food additives or other materials except for edible salt or raw materials). However, the original characteristics of these products’ compositions should be retained and, in exterior features, should be distinguishable; (c) "Fully cooked" means a product that is heat-processed to a temperature adequate to reduce or eliminate unacceptable health risks; (£) "Import inspection" means an inspection that is conducted by the importing Side to determine compliance of an imported lot of fish or fishery products; (g) "Competent Authorities” means: (i. ) The Directorate General of Fish Processing and Marketing (DGFPM); and . (ii_) The National Fisheries Products Quality Inspection Service (NFPQIS); (b) "Acceptable quality" means that the product meets the criteria for decomposition and other defectives identified in the standards developed by the Codex Committee on Fish and Fishery Products as approved by the Codex Alimentarius Commission; @) "Proper identification" means free from false, misleading or deceptive labeling practices according to this Arrangement and the legal requirements of each Side,PARAGRAPH 2 Scope This Arrangement will apply to the fish and fishery products inspection and control systems of the Sides with respect to the trade in fish and fishery products which are processed in establishments of this Arrangement and which are intended to be safe, of acceptable quality and properly identified, PARAGRAPH 3 ss Competent Authorities 3.1, Each Side hereby recognizes the other Side's fish and fishery products inspection and control system governing raw materials, holding, handling, transporting, processing, packaging, and distribution of fish and fishery products 3.2, The inspection and the issuing of the Inspection Certificate on the exported and imported fishery products of either Side shall he done by the followirig agencies (i)The Directorate General of Fish Processing and Marketing for the Republic of Indonesia; (il) The National Fisheries Products Quality Inspection Service and its branches for the Republic of Korea; 3.3. The exporting Side shall provide to the importing Side its list of designated inspection agencies and the form of Inspection Certificate before this Arrangement takes effect, and, when changes occur, immediately provide revised list and form. PARAGRAPH 4 Operation Procedures 4. The fishery processing factories should be registered to the Inspection Agency of the exporting Side, The Inspection Agency of the exporting Side shall ensure that the factories meet the hygiene and safety standards of the importing Side. 4.2, The exporting Side shall provide the list of the registered fishery processing factories to the importing Side. If the list of registered fishery processing factories is approved by the importing Side, hygiene inspection of imported fishery products from those fishery registered processing factories may be simplified.4 ® 4. 6. 6.3. Bb its registered processing factories on a regular basis and keep record of the result: so as to ensure that the hygiene safety standards of the importing Side are duly met. . Both Sides ensure that the importing Side may conduct random inspection of the exporting Side’s processing establishments that have registered to export their products to the importing Side in order to assure the implementation of this Arrangement. Each Side shall periodically (each quarter) inform the other Side of the details (name, address and approval number) of the registered fishery processing fagtories, and provide the other Side with the information on those factories that are suspended from exporting fishery products to the other Side. PARAGRAPH 5 Methods and Criteria for Inspection . The Sides shal! conduct the inspection of. exported and imported fishery products in accordance with the methods and criteria for inspection uséd by the importing Side and informed to the exporting Side. Each Side shali inform the other Side of the methods and criteria it uses for fishery products inspection before this Arrangement takes effect. PARAGRAPH 6 Issuance of the Inspection Cértificate Each consignment of fishery products exported to the other Side shall be accompanied with the Inspection Certificate issued by the Inspection Agency of the exporting Side. Information such as the product name, country name, the name and registration code of the processing factories shall be indelibly indicated on the packages of fishery products of the exporting Side. Each certificate shall ensure that the fishery products shall be free from bacteria and substances toxic/harmful to human health, as well as extrinsic materials based on the requirements of the importing Side.PARAGRAPH 7 Notification Procedure 7.1. Notification procedure will be made through the Competent Authorities, 7.2. Subject to the relevant access to information, the Sides will exchange information concerning the implementation of this Arrangement on a regular basis in order to engender mutual confidence and to demonstrate ’the effectiveness of the respective fish and fishery products inspection and control systems, PARAGRAPH 8 e Safeguard Measures 8. . Provided that a hygiene and safety problem is found in imported fishery products, the importing Side shall immediately notify the exporting Side of the situation and provide the information for the exporting Side to investigate the causes of the problem in order to prevent recurrence of such an incident. The importing Side may suspend importation of the fishery products produced, processed and packaged at the same processing and/or producing factories until the problem is completely resolved. Suspension may be lifted with the consent of both Sides. 6 . The exporting Side receiving the notice shall have the obligation to review inspection, testing, certification and approval procedures of the exporting shipment, | and respond to the notice by reporting the review results and problem cause, 8. . If one Side requests to jointly check the inspection results for fish and fishery products and the quarantine results for live aquatic animals, the other Side shall accept the request provided that the request comply with relevant international obligations. PARAGRAPH 9 Personnel Exchange Ro 3 « The Sides shall regularly hold working group meetings to resolve problems related ta the inspection of imported and exported fish and fishery products and the guarantine of live aquatic animals, and consult each other when utgent issues occur, In order to resolve the problems in a timely manner. 9.2. The Sides shall take turns in hosting the working group meetings referred to in 9.1.9.3. One Side may send its officials specializing in inspection or other experts to the other Side, bearing all expenses related to travel and accommodations, And the other Side shall provide conditions that are conducive to inspections by one Side to promote cooperation in areas such as the sanitation inspections of fishery products of the othe: Side and monitoring of inspection methods. PARAGRAPH 10 Administration of the Arrangement Ss . This Arrangement shall come into effect in 3 months after it is signed and’remain in effect for an initial duration of five years, after which it will be renewed for a subsequent period of five years unless either Side notifies the other Side, in writing and at least six months in advance, of its intention to terminate it. 10.2, The present Arrangement can be amended or revised by the Sides through consultations upon the mutual consent of the Sides. The undersigned, on behalf of their respective Sides, have signed this Arrangement, Signed in English at Bali on September 15, 2005. For the Ministry of Marine Affairs and For the Ministry of the Maritime Fisheries ~~ Affairs and Fisheries of the Republic of Indonesia of the Republic of Korea ae HE, Fréedy Numberi HE. Mr. Keo-don Oh, Ph.D. Minister of Marine Affairs Minister of Maritime Affairs and Fisheries and Fisheries