G/TBT/W/685  
 
25 November 2019  
(19-8001) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
INDONESIA -HALAL PROD UCT ASSURANCE LAW NO. 33  OF 2014   
STATEMENT BY  THE EUROPEAN UNION TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
13 – 15 NOVEMBER  2019 
The following communication, dated 13 November  2019, is being circulated at the request of the 
delegation of the European Union . 
 
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1.1.   The European Union would like to reiterate its serious concerns as regards the Indonesian 
Halal Product Guarantee Law No 33 of September 2014 (the "Halal  Law"), which requires mandatory 
Halal certification and labelling for the products within its scope to be placed in the Indonesian 
market.  
1.2.  The European Union stresses that, neither the Halal Law nor the first Implementing Regulation 
PP No 31 of 2019 were  notified to the TBT Committee. In contrast, the European Union welcomes 
the notification to the TBT Committee of a draft of the second Implementation Regulation of the 
Halal law on 14 October 2019. The proposed dates of adoption and entry into force of th is measure 
are not yet determined. The latest development we are aware of is that the Halal Law is enforced 
since 17 October 2019 and the EU is deeply concerned in respect of its practical application.  
1.3.  As it has explained in previous TBT Committees, the E uropean Union considers that Halal 
measures should have the purpose of ensuring reliability of information and facilitating consumer's 
choice and shall not act as unnecessarily restrictive trade barriers. Therefore, the EU has repeatedly 
called upon Indone sia to reconsider its approach and keep Halal certification and labelling voluntary, 
as a less trade restrictive measure that is respectful of the legitimate objective of ensuring reliable 
information. Today, the European Union reiterates those considerati ons. 
1.4.  The first implementing Regulation PP No 31 of 2019 entered into force in May 2019, including 
principles and procedures on Halal certification for goods and services, as well as a general policy 
on recognition of foreign Halal certification. The second  implementing Regulation notified on 14 
October 2019 details the transition periods for the mandatory Halal certification of specific products. 
However, the proper implementation of Law 33/2014 will require the adoption of further measures, 
namely on the c ertification fee, the mutual recognition of Halal certification with international 
organisations and the sectors that need specific attention, such as pharmaceuticals or medical 
devices.  
1.5.  In line with Implementing Regulation PP No 31 of 2019, all products p roduced, imported and 
distributed in Indonesia claiming to be Halal must be certified. Products made from clear Haram 
ingredients are excluded from Halal certification by definition. The European Union acknowledges 
the possibility to place "non-Halal" products in the Indonesian market and the fact that there is no 
obligation for "non-Halal" products to be certified. However, neither the Halal Law nor the 
implementing provisions specify the list of Haram products. Moreover, the European Union would 
like to h ave clarifications on the practical implementation of the obligation for "non-Halal" certifiable 
products to highlight that they contain Haram substances. The European Union considers that 
"non-Halal" labelling is unnecessary and creates an excessive burden for operators. In the absence 
of a Halal claim from the producer, no labelling obligations are justified.  G/TBT/W/685  
 
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  1.6.  According to the first stage of the Halal Law, further detailed in the second Implementing 
Regulation, food and beverages derived from animal raw materials, including fresh and processed 
food, are required to obtain Halal certification and labelling between 17 October 2019 and 17 October 
2024. We are also aware of recent information on the enfor cement of the Halal law according to 
which products without Halal certificate can still enter and be traded in the Indonesian market 
(subject to marketing authorisation, commercial or import license). In any case, the European Union 
would like to stress th at the grace period of 5 years is considered not sufficient for those products, 
since the auditing of all domestic and foreign producers, including storage, transport and handling 
operations will be a challenge for economic operators and certification bodi es.  
1.7.  In this respect, the European Union would like to recall that the provisions included in the 
"Codex Alimentarius Guidelines" for the use of the term "Halal" should be respected. Those 
provisions permit the processing of both ( "Halal" and non -"Halal" products) within the same premises 
or processing establishments provided that appropriate measures are taken to prevent any contact 
between them. In addition, Halal food can be transported using facilities previously used for 
non-Halal products if proper cl eaning procedures, according to Islamic requirements are observed.  
1.8.  At a second stage, non -pharmaceutical, non -biological and non -health device products, as well 
as traditional medicines and health supplement products shall be certified "Halal" between 17 
October 2021 and 17 October 2026. This category includes cosmetics, chemical and genetically 
engineered products, clothing and accessories, household appliances, stationary and office 
equipment and goods for medical devices of risk class A).  
1.9.  At a third st age, free medicines or over -the-counter drugs, as well as medical devices of risks 
class B shall be mandatorily Halal -certified between 17 October 2021 and 17 October 2029. Finally, 
for prescription drugs (excluding psychotropic) and goods for medical devi ces of risk class C, the 
period between 17 October 2021 and 17 October 2034 will be applicable.  
1.10.   The European Union would be interested in having further practical information on the gradual 
implementation of the Halal law and on the Memorandum of Understa nding recently signed by the 
Indonesian authorities on enforcement. We would welcome additional clarification on the specific 
products covered within the defined categories.  
1.11.   Pharmaceutical products using non -Halal raw material or not following the Halal process can 
still be marketed without Halal certification if they include ingredients that do not have a Halal 
substitution, provided that the product label includes informatio n on the raw materials of the 
substance. The European Union considers that there should be coexistence of "Halal" and non -"Halal" 
products without a time limitation also for medicines, biological products and medical devices. 
Concerning the recognition of international Halal certification, we would welcome the confirmation 
of the transitional arrangement according to which products that have already been Halal certified 
and obtained a distribution permit do not need to re -register for new Halal certificatio n until 
expiration of the existing certificates. The European Union would like to obtain further information 
of the practical conditions and effective implementation of this arrangement to avoid disruptions 
with Member States.  
1.12.   In any case, the European Uni on considers that requiring a bilateral 
government -to-government Mutual Recognition Agreement as a pre -condition for the Indonesian 
Halal Product Assurance Agency (BPJPH) to start recognising Halal -certifying agencies in a foreign 
country is complicated in  practice and unnecessarily burdensome. EU Member States do not have a 
governmental agency entitled to identify recognised "Halal" certifying entities. Therefore, The 
European Union invites Indonesia to consider less cumbersome practical solutions to conti nue 
recognising Halal certifying institutions and to provide further information on the technical 
implementation of the cooperation between the Halal Product Assurance Agency (BPJPH) and foreign 
Halal agencies. We would like to recall that under Article 2. 2 of the TBT Agreement, technical rules 
should not be more trade restrictive than necessary to fulfil a legitimate objective.  
1.13.   As set out in Article 2.9 of the TBT Agreement, the EU invites Indonesia, for transparency 
purposes, to notify to the TBT Committe e any implementing measures, and to allow reasonable time 
for comments, as well as a reasonable interval of time between their publication and enforcement.  G/TBT/W/685  
 
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  1.14.   In addition to the Halal Product Guarantee Law, provisions on Halal requirements are set out 
in sepa rate regulations for specific products (for instance, for imports of carcasses and meat) and 
further requirements would be under preparation for milk and milk products, fats, gelatines, egg 
products and honey. We would welcome updated information on the st atus of those regulations.  
1.15.   Finally, the European Union would like to have information on the ongoing discussions for the 
finalisation of the Indonesian National Standard (SNI) on Halal.  
 
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