Automotive Position Paper

7/27/2019 Automotive Position Paper

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EUROPEAN BUSINESS CHAMBER

OF COMMERCE IN INDONESIA

2012

Position Paper

Automotive


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European Business Chamber of Commerce in Indonesia 3

AUTOMOTIVE

1. Background

2. Recent Improvements

2.1 Government o Indonesia incentives initiatives or automotive industry

2.1.1 Revision o Ministry o Finance Regulation No. 176/PMK.011/2009 on

Exemption rom Import Duty on the Imports o Machines, Goods and

Materials or the Establishment or Development o Industry in the Frame

o Investment

2.1.2 Proposals on New IKD Scheme

2.1.3 Low Cost and Green Car

2.2 Transition period or the mandatory requirement o SNI or Tires based on

Minister o Industry Regulation No. 11/M-IND/PER/1/2012

2.3 New Classication or Electric Car

2.4 Master Plan o Acceleration and Expansion o Indonesia Economic

Development 2011-2025

3. Key Recommendations

3.1 Regulatory Issues

3.1.1 Nullication o Minister o Trade Regulation No. 39/M-DAG/PER/10/2010on Import o Finished Goods by Manuacturer

3.1.2 The implementation o certain mandatory SNI (Indonesia National Standard)

aects the development o the Indonesian automotive industry

3.1.3 ASEAN Mutual Recognition Agreement

3.1.4 Revision o Government Regulation No. 52 Year 2011 on Income Tax

Facilities or Investment in Certain Business Lines and or in Specic Areas

3.1.5 Importation o Used Trucks

3.1.6 Bonded Zone Regulation

3.2. Environmental Issues

3.2.1 Improvement o uel quality standards and emission regulations3.2.2 Bio-Fuels

3.2.3 Tax incentives or innovation and new technologies


4. Annex: Summary o Key recommendations

Table of Contents

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European Business Chamber of Commerce in Indonesia4

1. Background

Asias emerging economies are recovering rapidly rom the Global Financial Crisis and the automotive market is

recovering with them. Low cost vehicles are driving the growth o the automotive industry in countries such as

Indonesia and Thailand, oering immense opportunities or global players in these markets. Thailand, Philippines,

Indonesia, and Malaysia are expected to be some o the highest growing markets or the automotive sector

due to various provisions o AFTA (ASEAN Free Trade Area). From a long-term perspective, cheap nancing

and price discounts, rising income levels, and inrastructure development will drive growth in the majority o

the ASEAN automotive market.

ASEAN has a combined GDP o some USD 1.8 trillion, the eighth largest in the world with a market o about

600 million people. EU is ASEANs largest investor and second largest trading partner ater China, accountingor 11.2% o ASEAN trade, while ASEAN is the EUs th largest trading partner and accounts or some 118

billion o imports and exports. Machinery and transport equipment are among ASEANs key exports to the EU.

ASEAN vehicle sales increased in 2011 by 3% rom 2,515,930 units in 2010 to 2,593,769 units in 2011, based

on data issued by ASEAN Automotive Federation.

Source: ASEAN Automotive Federation 2011 Statistics, http://www.asean-autoed.com/les/AAF_Statistics_2011.

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On the contrary, ASEAN total production decreased in 2011 by 3% rom 3,102,170 units in 2010 to 2,994,629,

with signicant decrease in the Thailand automotive production o 11% compared to 2010 due to the devastating

foods.

With ASEAN Economic Community (AEC) 2015 approaching, ASEAN will move towards becoming a single

market which will be one o the biggest growth markets or the automotive industry in Asia together with China

and India. Under the AFTA, all internal taris on manuactured products have been lowered to 0-5 %. CurrentlyASEAN is the th largest export market, behind Canada, Mexico, China and Japan. Some economies, however,

will continue to are much better than others.

The top three automotive producers in ASEAN: Thailand, Malaysia, and Indonesia, have all taken advantage o

various governments schemes to promote a thriving automotive industry and account or 90% o motor vehicle

output (passenger vehicles and trucks) in ASEAN. Currently eco-car manuacturers have also responded

avourably to tax incentives provided by government. On the other hand, they generated unit sales representing

86% o the entire market. The remaining countries, which are home to no less than 43% o ASEANs population,

have been largely irrelevant which is due to the diversity o the ASEAN countries refected in the size o the

individual markets and in the importance o cars as a means o transport. It needs to be underlined that trucks

are very important in the ASEAN countries compared with the established motoring nations, constituting around

46% o vehicle production and 36% o unit sales.

European automotive producers still have a relatively small market share in ASEAN (approximately 2-3%).

However, the shares o Japanese automakers in local auto production and also in unit sales o new vehicles

in Indonesia and Thailand are both over 80%. In the smaller ASEAN countries, too, it is mostly Japanese rms

that top the production and unit sales rankings. Among the primary reasons or this are strong economic links

through bilateral trade relations between Japan and individual ASEAN states that have acilitated Japanese

rms entry into the respective markets. Malaysia is the only ASEAN country with an important domestic home

grown manuacturer.

Within ASEAN, Indonesia has a special potential or uture automotive sales with a strong domestic demand,

skilled labour and a growing components industry. The large size o its population with increasing income per

capita create a larger middle class population in addition with a current low level o car ownership are the basis

Source: ASEAN Automotive Federation 2011 Statistics, http://www.asean-autoed.com/les/AAF_Statistics_2011.

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or a uture big market. Some analysts say that Indonesia, Southeast Asias biggest economy, could overtake

Thailand as a regional manuacturing hub by 2014 because o a jump in economic development, growing

national wealth and a more stable currency.

Indonesia produced more than 830,000 in 2011 (almost 500,000 units in 2009). During the last ve years,

the growth o the market reached around 10% a year. The largest assemblers are Japanese-owned or linked

to Japanese companies through joint ventures. As passenger car ownership has been discouraged through

progressive taxes, and because utility vehicles are well suited to local usage patterns, approximately 80% o

the market is made up o commercial vehicles and multi-purpose vehicles (MPVs).

The EU industry is very keen to tap into this potential and to contribute to the development o the Indonesian

automotive industry and the Indonesian economy in general. Indeed the EU Automotive industry is generally a

key industry in providing jobs, exports income, R&D and innovation and plays a decisive role in the transition

to sustainable growth and mobility.

The EU Automobile manuacturers provide over 10% o EU manuacturing employment, with 3.5 million

direct jobs and another 9.1 million jobs indirectly. Automobile manuacturers are the worlds technology leaders.

They are the largest private investors in R&D in the EU and play a large role in the innovation and

knowledge-based economy o today and tomorrow.

Automobile manuacturers are among the biggest exporters in the EU,

In Indonesia, EU automotive industry invested almost 300 million USD in 2010/2011.

However, the EU market share is still very small in Indonesia and EU Trade and Investment fows in this sector

still tend to preer neighbouring countries such as Malaysia and Thailand where the environment is regarded

as more conducive.

The present position paper rom the Eurocham Automotive working group aims to recommend solutions to

reverse this trend and to allow EU Industry unleash its ull potential in supporting the development o theIndonesian economy.

2. Recent Improvements

2.1 Government o Indonesia incentive initiatives or automotive industry

The Government o Indonesia has a target to have an annual production 1.7 million vehicles by 2015. In order

to achieve this target, the Government is willing to revise regulations or the automotive industry, including the

IKD (Incomplete Knock-Down) Scheme, MOF Regulation No. 176/2009, and the Low Cost Green Car Regulation.

2.1.1 Revision o Ministry o Finance Regulation No. 176/PMK.011/2009 on Exemption rom Import Duty on

the Imports o Machines, Goods and Materials or the Establishment or Development o Industry in the

Frame o Investment (MOF Regulation No. 176/2009)

The revision o MOF Regulation No. 176/2009 is an improvement or investment development in Indonesia, as

this regulation stipulates the exemption o import duty or certain industries. MOF Regulation No. 176/2009

also stipulates that or a company that increases its investment capacity by 30% are entitled or the acility o

import duty exemption or two years. The revision will entitle motor vehicle assembler to get import duty relie

or importation o production equipment and material or production purposes. Related government agencies,

e.g. Ministry o Industry, BKPM and Ministry o Finance have agreed with the proposal. The drat revision is

currently waiting or signature rom Minister o Finance. Considering many automotive companies have plans to

increase their investment in Indonesia, it is highly recommended to promptly issue this regulation.


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2.1.2 Proposals on New IKD Scheme

The IKD Scheme is proposed to be broadened to include all types o vehicles, thus attract automotive industry

to invest more in Indonesia. The IKD Scheme or truck and bus was approved in 2010, with 0 % import duty.

The new proposal is to harmonize the IKD Scheme to all types o vehicles. Currently, IKD import duty or

non-truck and bus motor vehicle is 7.5%, and the proposal is to harmonize it to become 0%. Considering the

signicant importance o new IKD scheme or supporting the urther development o the national automotive

industry, it is strongly recommended to issue this regulation.


Government o Indonesia is currently drating the Low Cost and Green Car Regulation (LCGC Regulation).

LCGC Regulation stipulates incentives given by the Government o Indonesia to new investment or investment

expansion or vehicle manuacturers producing low cost vehicles using green technology. The requirement,

among others, is to raise the production by 30%. The LCGC Regulation will be issued in 2012.

2.2 Transition period or the mandatory requirement o SNI or Tires based on Minister o Industry Regulation

No. 11/M-IND/PER/1/2012 (MOI Regulation No. 11/2012)Minister o Industry Regulation No. 11/2012 stipulates the requirement to put SNI marking by embossment or

permanent stamp starting 1 March 2012, previously the application o SNI marking was by sticker. Minister o

Industry Regulation No. 11/2012 is eective immediately, leaving the industry only 30 days to adjust. EuroChams

Automotive Working Group members together with the EU Delegation addressed this issue to the Ministry o

Industry and requested a three month adjustment period. Ministry o Industry agreed to give transition period

and the requirement will be applied on 1 July 2012.

2.3 New Classifcation or Electric Car

On 14 December 2011, Minister o Finance ratied Regulation No. 213/PMK.011/2011 on Classication o

Products and Import Duty Taris Imposition (MOF Regulation No. 213/2011). MOF Regulation No. 213/2011

is eective on 1 January 2012. Based on Minister o Finance Regulation No. 213/2011, electric car is now

classied under:CKD: HS Code 8703.90.13.00

Import Duty: 10 %

Luxury tax: 0%

CBU: HS Code 8703.90.19.00

Import Duty: 40 %

Luxury Tax: 0 %

2.4 Master Plan o Acceleration and Expansion o Indonesia Economic Development 2011-2025

The Government o Indonesia is aiming to boost prospects or increased investment and job creation. The

Government is aiming to boost inrastructure and domestic demand through the Master Plan o Acceleration and

Expansion o Indonesia Economic Development (MP3EI) or the period 2011-2025 with six economic corridors.

The ambitious Master Plan, which oresees Indonesia becoming the worlds 12th largest economy by 2025 isstill very much a ocal point o investors as well as the Government. The plan includes USD 470 billion o

investments, the majority expected rom the private sector.

On the contrary, ASEAN total production decreased in 2011 by 3% rom 3,102,170 units in 2010 to 2,994,629,

with signicant decrease in the Thailand automotive production o 11% compared to 2010 due to the devastating

foods.


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3. Key Recommendations

3.1 Regulatory issues

3.1.1 Minister o Trade Regulation No. 39/2010 on Import o Finished Goods by Manuacturer

Minister o Trade Regulation No. 39/2010 on Import o Finished Goods by Manuacturer was revoked by

Supreme Court Decision No. 19P/HUM/2011 in June 2011. Minister o Trade issued Regulation No. 27/M-DAG-

PER/5/2012 on Import License (MOT Regulation No. 27/2012). However, there are certain provisions which

are o great concern to automotive industry, among others:

Limitation or automotive company with API-U to import based on one section only

Limitation or automotive company with API-P to import nished goods or complementary and market test

purposes only

Limited denition o special relationship

No transition period or the industry to adjust with the new regulation and renegotiate contracts with third

party

Need urther clarication o status o existing technical license Expected additional time or import process i the technical government agencies are not ready with their

regulation/procedures/system to process the request o technical recommendation rom the business

Recommendation:

API-U company should be given the fexibility to import and trade goods related to its business license,

instead o limited import based on sections

Complementary products and market test products should be in accordance with products listed in the

business license o API-P and API-U company, and/or based on recommendation issued by the technical

government agencies, and/or products supplied by overseas company that has special relationship with the

API-P and API-U company

Special relationship should be dened as relationship between API-P company with overseas company

under one mother company (one group), and/or with third party company that has binding cooperationagreement with the API-P company or with other company under one mother company, in the minimum

period o one year

To request fexibility to continue trading and import activity based on existing contract in order to avoid

violation o existing contract until 31 December 2012, due to importance to renegotiate existing contract.

To request that the existing technical licenses issued by related technical government agencies still be valid

until its expiration date

Based on verbal conrmation rom Ministry o Trade in a technical meeting between Ministry o Trade and

automotive industry, Ministry o Trade agreed to revise provisions stipulated in MOT Regulation No. 27/2012,

as ollows:

Import activity by API-U company will not be limited by section provided that the API-U company can prove

the existence o special relationship with the exporter

Revision o the denition o special relationship will include relationship based on agreement

To acknowledge transition period or existing import particularly or shipment based on PO (Purchase Order)

date provided that the API-P company can prove the specic needs, e.g. contract, special treatment o

the goods, etc

Ministry o Trade will conduct a urther discussion with the automotive industry or import o raw materials/

spare parts

A verbal statement or conrmation rom Government o Indonesia will need to be reconrmed by issuing a

written policy.


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3.1.2 The implementation o certain mandatory SNI (Indonesia National Standard) aects the development o

the Indonesian automotive industry

SNI is currently trying to adopt the UNECE standard in general. Using the UNECE, products rom Indonesia

could be exported more easily to European countries and Japan. However, there are bottlenecks within theGovernment o Indonesia itsel, due to saety regulations o the domestic products and certain obligations

related to license requirements. The benets o adoption would include acilitation o exports to UNECE

countries or goods manuactured in Indonesia, as well as easier import procedures to Indonesia, besides also

having a positive impact on the local industry.

The Government o Indonesia is planning to make mandatory various SNI or car components, e.g. SNI or

braking system, rear-view mirror, etc. the Government is also planning to impose mandatory SNI certication

or CBU (Completely Built-Up) cars, which will require SNI certication or tires, mirror, windscreen and other

components. Other SNIs to be introduced are saety glass, rim, battery, saety belt, plastic seat, brake, noise

and emissions.

This development is seen as problematic since SNI certication and testing system proved to be lengthy andcostly, adding an unnecessary burden on manuacturers and importers.

SNIs sometimes deviate rom international (UNECE) standards or automotive products

Even though they could be based or inspired by international standards, testing should be done in Indonesia

and not in the laboratory o the oreign actory as beore (which add a longer time or approval). In addition,

the certication system requires audits and annual surveillance to be carried out by Indonesian certication

body in all the oreign actories, thus creating signicant bottlenecks

The application o domestic automotive standards, dierent rom international standards, can potentially

contribute to setting Technical Barriers to Trade (TBT) and non-tari barriers (NTB) to both EU and Indonesian

exports, aecting bilateral trade.

Recommendation:

Whenever possible, the Government o Indonesia should avoid using standards that deviates rom international

standards or creates unnecessary burden or producers and manuacturers. In order to acilitate trade and

investment fows Indonesia should sign the UNECE 1958 Agreement in 2012 i possible and adopt some o the

relevant UNECE standards instead o SNI.

Adhering to the Agreement will indeed bring great benets or Indonesian consumers, manuacturers and

authorities alike.

First, participation in the international regulatory process will allow both government and national manuacturers

to infuence it.

Second, by implementing international and harmonised standards, Indonesian producers will raise the quality

o their production and will automatically access oreign markets that recognised those standards (mutual

recognition).

Third, Indonesian consumers will benet rom increased vehicle saety and environmental perormance guaranteedby those international standards.

3.1.3 ASEAN Mutual Recognition Agreement

ASEAN member states have agreed that the UNECE (United Nations Economic Commission or Europe)

Regulations should be the basis or harmonisation o technical regulations o automotive in the ASEAN region.

There are 140 UNECE regulations as o today, in which some are only suitable or cold climates and are not

suitable or the tropical region. The immediate adoption o all regulations would be inecient.

Currently, ASEAN has agreed on 19 regulations to be included in the drat o ASEAN MRA (Mutual Recognition

Agreement). So ar, within ASEAN, only Malaysia is a contracting party to the UNECE 1958 Agreement.


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Indonesia is also participating in ASEAN MRA. The rst phase o the harmonization will include standardization

o the 14 automotive components, as ollows:

Braking systems R13

Braking systems (passenger car) R13H

Seat belt anchorage R14

Seat Belt R16

Seats R17

Head restraints R25

Pneumatic tyre-passenger R30

Saety glass R43

Rearview mirror R46

Diesel emission R49

Noise emission R51

Pneumatic tyre-commercial R54

Streering equipment R79

Exhaust emission R83

However, there is currently a slight dierence o interpretation between the Government o Indonesia and the

automotive industry. Two options to implement ASEAN MRA are proposed:

Marketed products

ASEAN countries must accept test report rom origin country or products manuactured by non-ASEAN

countries which are marketed in ASEAN countries.

Manuactured and marketed productsThere are two dierent interpretations:

Non-ASEAN products marketed in ASEAN should be tested by ASEAN test acilities

Government o Indonesia interpretation:

Non-ASEAN products marketed in ASEAN should be manuactured in ASEAN countries and tested by

ASEAN test acilities

It is deemed uneasible or automotive industry to apply interpretation o Government o Indonesia on

manuactured and marketed products.

Recommendation:

EuroCham proposes to apply the marketed option. ASEAN MRA needs to be established based on type

approval system covering parts, system and components.

3.1.4 Revision o Government Regulation No. 52 Year 2011 on Income Tax Facilities or Investment in Certain

Business Lines and or in Specifc Areas (GR No. 52/2011)

Previously, under Government Regulation No. 62 Year 2008, car assembler was eligible to apply or Tax Allowance

Facility. However, under Government Regulation No. 52/2011, car assembler is not included as a sector eligible

or Tax Allowance Facility, whereas car component companies can still apply or the Tax Allowance Facility.

Recommendation:

EuroCham proposes to include automotive industry as business sector eligible to get income tax acility in the

rame o investment.


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3.1.5 Importation o Used Trucks

By nullication o Ministry o Industry and Trade Regulation No. 756/MPP/Kep/12/2003 on importation o capital

goods in used condition, importation o CBU used truck is prohibited. But up to now, the importation o CBU

used truck is still ongoing, by using stipulation in article 10 in Minister o Trade Regulation No. 48/M-DAG/

PER/12/2011, which we believe should not be applied on importation o CBU used truck.

Recommendation:

Considering the negative impact importation o CBU used trucks have on the development o the national

truck industry and also the way it could pose a danger to road users, we propose to the Government not to

issue Import License or CBU used trucks. To support the logistics sector related with truck procurement, the

Government could stipulate lower interest rate or truck purchases.

3.1.6 Bonded Zone Regulation

Minister o Finance Regulation No. 147/PMK.04.2011 on Bonded Zone (MOF Regulation No. 147/2012), as

amended lastly by Minister o Finance Regulation No. 44/PMK.04/2012 (MOF Regulation No. 44/2012), stipulate

a signicant change relating to the sale o products rom the bonded zone to domestic customers. Prior toMOF Regulation No. 147/2011, domestic sales up to a maximum o 50% o the current year production value

were permitted. The new regulation stipulates that the delivery o bonded zone product to Indonesian customs

area is only permitted in the maximal amount o 25% o export realization value in the previous year (2011).

Further, MOF Regulation No. 44/2012 allows capital goods which were imported prior to the issuance o MOF

Regulation No. 147/2011 can be delivered rom a bonded zone area to other customs area. MOF Regulation No.

44/2012 increased the limitation o delivery o Produced Goods back to 50% only up to 31 December 2012,

provided that such Produced Goods still requires to be processed urther, cannot unction properly without being

combined with other goods, and/or cannot be directly used by end consumer (intermediate goods).

Recommendations:

Remove domestic sales limitation or products processed in bonded zone area

3.2 Environmental Issues

3.2.1 Improvement o uel quality standards and emission regulations

A high uel quality with low sulphur content, or both petrol and diesel uel is essential or the introduction o

modern low emission injection technologies. The low uel quality in Indonesia is still the biggest hurdle or the

introduction o such modern low emission technologies.

Thereore, we are proposing the introduction o higher uel quality standards (EURO 4) on par with more stringent

emission regulations. This would lead to lowering emissions and lowering o the overall uel consumption in

Indonesia. This lower uel consumption would result in lower dependency on crude oil imports and exposure

to fuctuating prices and have the benets o smaller part o the state budget being spent on uel subsidies.

In order to prepare or the 2015 ASEAN Economic Community the alignment o uel quality standards within

other ASEAN countries is essential.

Recommendations:

The introduction o higher uel quality standards is the pre-requisite or stricter emission regulations

The uel quality has to be improved in order to allow the introduction o environmental-riendly low emission

technologies

In preparation or 2015 an ASEAN wide alignment is necessary in order to guarantee ree movement o

goods without creating technical barriers

A detailed master plan o development o Euro 4 gas stations should be developed by the Government o

Indonesia


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3.2.2 Bio Fuels

Indonesia as the biggest palm-oil producer in the world is today having a major opportunity to introduce a

biodiesel mixture (B5, B7). From a technical point view, engines are able to cope with biodiesel mixtures o

B7 as a maximum. Higher blending would lead to technical problems and higher additional costs or both theconsumer and the car producer.

Additionally, in order to avoid technical problems and additional costs, a high uel quality has to be ensured. It

is thereore essential to increase the uel quality beore adding higher proportions o bio uel.

Recommendations:

It is necessary to improve the uel quality beore increasing the bio uel mixings

Fuel quality should be improved to Euro 4 standards with B7 biodiesel mixture

3.2.3 Technology neutral and emission based vehicle incentive programme

Environmental issues are becoming a major actor in the automotive industry. Indonesia should introduce a

scheme and incentives to promote the use o clean and ecient vehicles. It is crucial or Indonesia to considera long term plan or its automotive industry to achieve sustainable development including CO2 reduction.

Excise tax or vehicles should be based on CO2 emission to encourage the use o low CO2 emission vehicles

thus creating a premium price or clean and ecient vehicles as it today is based on general engine capacity

or power-train o vehicles beore CO2 limits are soon to be enorced in many parts o the world.

It is also important to promote the availability o cleaner uel (Euro 3 or 4) in Indonesia which can be used by

more advanced and environmentally riendly engines used in greener vehicles now available in the international

market. Currently such cleaner uel are not available to the Indonesian market and or this reason the entry

and use o greener vehicles using higher standard uel is not possible.

Recommendation:

Technologically-neutral and emission based taxation based on CO2 emission or all types o power-train

including petrol, diesel, natural gas (CNG), hybrid, and electric vehicles. A policy environment should be created

that will promote the manuacturing o cleaner uel or the local market to encourage use o greener vehicles.


Government o Indonesia is currently drating the Low Cost and Green Car Regulation (LCGC Regulation).

LCGC Regulation stipulates incentives given by the Government o Indonesia to new investment or investment

expansion or vehicle manuacturers producing low cost vehicles using green technology. The requirement,

among others, is to raise the production by 30%. The LCGC Regulation will be issued in 2012

Recommendation:

Regulations on low cost cars and green cars should be separate, as regulating low cost cars and green cars

within one regulation is not deemed easible.


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European Business Chamber o Commerce in Indonesia

Wisma 46 - Kota BNI, 25th FloorJl. Jend. Sudirman Kav. 1Jakarta 10220, Indonesia

T +62 21 572 2056F +62 21 572 [email protected]

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