Indonesia's Hazardous and Toxic Substances (B3) Regulation

Hazardous and Toxic Substances, known in Indonesia as Bahan Berbahaya dan Beracun (abbreviated as B3), are defined as substances or materials that, due to their nature, concentration, or quantity, may directly or indirectly contaminate or damage the environment, and/or endanger human health and the survival of living creatures.

Indonesia maintains a strict regulatory framework for B3 management. Its core legal instrument for B3 management is the Government Regulation No. 74 of 2001 On Hazardous And Toxic Substances Management (B3 Regulation), covering the entire lifecycle of B3, from production, import, transportation, storage, use, to final disposal.

B3 Classification

As per Article 5 of B3 Regulation, B3 is classified based on its hazardous properties, including explosive, oxidizing, extremely flammable, highly flammable, toxic (extremely, highly, moderately), harmful, corrosive, irritant, dangerous to the environment, carcinogenic, teratogenic, and mutagenic.

B3 Exemption

As per Article 3 of B3 Regulation, the following cases are out of scope for B3 management:

• Radioactive materials

• Explosives

• Mining products, oil, natural gas and their processed products

• Food and beverages and other food additives

• Household health and cosmetics supplies

• Pharmaceutical prepared materials

• Narcotics, psychotropic, their precursors and other addictive substances

• Chemical weapons and biological weapons

B3 Chemical List

Indonesia's B3 management system categorizes B3 substances into three lists, which are attached to the B3 Regulation:

• List of B3 Permissible for Use(Annex I): General B3 substances that are permitted for use within Indonesian territory (209 substances).

• List of B3 Prohibited for Use (Annex II, Table 1): B3 substances that are prohibited to be used, produced, distributed, or imported into Indonesian territory (45 substances).

• List of B3 Limited for Use (Annex II, Table 2): B3 substances whose use, import, and/or production are restricted (10 substances).

It is important to note that Indonesia currently does not have a unified, comprehensive National Chemical Inventory. B3 management primarily relies on these three lists and B3 classification.

Registration and Notification Requirements

In accordance with MoEF Regulation No. 36-2017, any person or entity that produces or imports B3 into Indonesian territory must fulfill the following registration and notification obligations:

B3 Registration

Registration is applicable to for B3 substances that are produced or imported into Indonesia for the first time. The application for B3 registration is carried out through the PTSP online system.

The applicant is required to upload the following documents to apply for account access and company registration:

1. Deed of Establishment and/or Company Amendment;

2. Trade Business License (SIUP)/Industrial Business License (IUI)/Permanent Business License (IUT);

3. Company Registration Certificate (TDP);

4. Taxpayer Identification Number (NPWP); and

5. Valid power of attorney for delegation of company accounts.

After issuance of company account by the Director General, the applicant should also furnish the following documen for B3 registration:

1. Completed B3 Registration form

2. Photo of B3 storage warehouse

3. Photo of B3 packaging

4. Photo of B3 storage arrangement

5. Safety Data Sheet

6. Certificate of Analysis (CoA)

B3 Importers are required to provide the following additional documents:

1. Import Identification Number (API)

2. Notification of Import of Goods (PIB)

3. Notification approval letter from the country of origin

4. Other required documents related to B3 Registration

Upon approval, the Director General of the MoEF issues an electronic B3 Registration Certificate, which includes the B3 registration number.

B3 Notification

The notification procedure primarily applies to the following cases:

• B3 Limited for Use (Annex II, Table 2) which will be imported into or removed from Indonesia; and/or

• B3 imported into Indonesia for the first time (new substances).

Import Notification

B3 Import Notification is submitted by the applicant to Director General through the authority of the B3 exporting country. It should include the following information:

1. Trade name

2. Chemical name

3. CAS number

4. B3 exporter identity

5. B3 importer identity

6. The intended use

7. Safety Data Sheet

8. The amount of B3 to be included

9. B3 import plan

The Director General shall carry out verification to determine the issuance of B3 approval letter (Explicit Consent) or refusal letter. The approval letter shall stay valid for 1 year.

Export Notification

B3 export notification is submitted by the applicant to the authority of the B3 exporting country through the Director General. It is carried out in the event of the authority of the receiving country require B3 export notifications.

The application for export notification should include the following information:

1. B3 identity

2. Identity of the name and address of the B3 exporter company

3. B3 exporter Trade Business Permit (SIUP)

4. Taxpayer Identification Number (NPWP) of B3 exporters

5. B3 importer identity

6. Recipient country destination

7. Transit country destination

8. The intended use

9. The amount of B3 to be exported

10. Safety Data Sheet

11. B3 export notification form

Summary