prop · GT03215 · 2006-09-15 00:00:00 — (c)providing or arranging for adequate food and water, appropriate accommodation and clothing, protection for baggage and other possessions, appropriate treatment, means of necessary communication if possible in a language that they can understand and other appropriate assistance for travellers who are quarantined, isolated or subject to examinations or other procedures for public health purposes. Chapter IV Special provisions for goods, containers and container loading areas Article 33 Goods in transit Subject to Article 43 or unless authorized by applicable international agreements, goods, other than live animals, in transit without transhipment shall not be subject to health measures under these Regulations or detained for public health purposes. Article 34 Container and container loading areas States Parties shall ensure, as far as practicable, that container use international traffic containers that are kept free from sources of infection or contamination, including vectors and reservoirs, particularly during the course of packing. 2.States Parties shall ensure, as far as practicable, that container loading areas are kept free from sources of infection or contamination, including vectors and reservoirs. 3.Whenever, in the opinion of a State Party, the volume of international container traffic is sufficiently large, the competent authorities shall take all practicable measures consistent with these Regulations, including carrying out inspections, to assess the sanitary condition of container loading areas and containers in order to ensure that the obligations contained in these Regulations are implemented. 4.Facilities for the inspection and isolation of containers shall, as far as practicable, be available at container loading areas. 5.Container consignees and consignors shall make every effort to avoid cross-contamination when multiple-use loading of containers is employed. PART VI HEALTH DOCUMENTS Article 35 General rule No health documents, other than those provided for under these Regulations or in recommendations issued by WHO, shall be required in international traffic, provided however that this Article shall not apply to travellers seeking temporary or permanent , nor shall it apply to document requirements concerning the public health status of goods or cargo in international trade pursuant to applicable international agreements. The competent authority may request travellers to complete contact information forms and questionnaires on the health of travellers, provided that they meet the requirements set out in Article 23. Article 36 Certificates of vaccination or other prophylaxis 1.Vaccines and prophylaxis for travellers administered pursuant to these Regulations, or to recommendations and certificates relating thereto, shall conform to the provisions of 6 and, when applicable, 7 with regard to specific diseases. 2.A traveller in possession of a certificate of vaccination or other prophylaxis issued in conformity with 6 and, when applicable, 7, shall not be denied entry as a consequence of the disease to which the certificate refers, even if coming from an affected area, unless the competent authority has verifiable indications and/or evidence that the vaccination or other prophylaxis was not effective. 1.The of a ship, before arrival at its first port of call in the territory of a State Party, shall ascertain the state of health on board, and, except when that State Party does not require it, the , on arrival, or in advance of the arrival if the is so equipped and the State Party requires such advance delivery, complete and deliver to the competent authority for that port a which shall be countersigned by the ships surgeon, if one is carried. 2.The of a ship, or the ships surgeon if one is carried, shall supply any information required by the competent authority as to health conditions on board during an international voyage. 3.A shall conform to the model provided in 8. 4.A State Party may decide: (a)to dispense with the submission of the by all arriving ships; or (b)to require the submission of the under a recommendation concerning ships arriving from affected areas or to require it from ships which might otherwise carry infection or contamination. The State Party shall inform operators or their agents of these requirements. Article 38 Health Part of the Aircraft General 1.The pilot in command of an aircraft or the pilots agent, in flight or upon landing at the first airport in the territory of a State Party, shall, to the best of his or her ability, except when that State Party does not require it, complete and deliver to the competent authority for that airport the Health Part of the Aircraft General which shall conform to the model specified in 9. 2.The pilot in command of an aircraft or the pilots agent shall supply any information required by the State Party as to health conditions on board during an international voyage and any health measure applied to the aircraft. 3.A State Party may decide: (a)to dispense with the submission of the Health Part of the Aircraft General by all arriving aircraft; or (b)to require the submission of the Health Part of the Aircraft General under a recommendation concerning aircraft arriving from affected areas or to require it from aircraft which might otherwise carry infection or contamination. The State Party shall inform aircraft operators or their agents of these requirements. Article 39 Ship sanitation certificates 1.Ship Sanitation Control Exemption Certificates and Ship Sanitation Control Certificates shall be valid for a maximum period of six months. This period may be extended by one month if the inspection or control measures required cannot be accomplished at the port. 2.If a valid Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certificate is not produced or evidence of a public health risk is found on board a ship, the State Party may proceed as provided in paragraph 1 of Article 27. 3.The certificates referred to in this Article shall conform to the model in 3. 4.Whenever possible, control measures shall be carried out when the ship and holds are empty. In the case of a ship in ballast, they shall be carried out before loading. 5.When control measures are required and have been satisfactorily completed, the competent authority shall issue a Ship Sanitation Control Certificate, noting the evidence found and the control measures taken. 6.The competent authority may issue a Ship Sanitation Control Exemption Certificate at any port specified under Article 20 if it is satisfied that the ship is free of infection and contamination, including vectors and reservoirs. Such a certificate shall normally be issued only if the inspection of the ship has been carried out when the ship and holds are empty or when they contain only ballast or other material, of such a nature or so disposed as to make a thorough inspection of the holds possible. 7.If the conditions under which control measures are carried out are such that, in the opinion of the competent authority for the port where the operation was performed, a satisfactory result cannot be obtained, the competent authority shall make a note to that effect on the Ship Sanitation Control Certificate. Article 40 Charges for health measures regarding travellers 1.Except for travellers seeking temporary or permanent , and subject to paragraph 2 of this Article, no charge shall be made by a State Party pursuant to these Regulations for the following measures for the protection of public health: (a)any examination provided for in these Regulations, or any supplementary examination which may be required by that State Party to ascertain the health status of the traveller examined; (b)any vaccination or other prophylaxis provided to a traveller on arrival that is not a published requirement or is a requirement published less than 10 days prior to provision of the vaccination or other prophylaxis; (c)appropriate isolation or quarantine requirements of travellers; (d)any certificate issued to the traveller specifying the measures applied and the date of application; or (e)any health measures applied to baggage accompanying the traveller. 2.State Parties may charge for health measures other than those referred to in paragraph 1 of this Article, including those primarily for the benefit of the traveller. 3.Where charges are made for applying such health measures to travellers under these Regulations, there shall be in each State Party only one tariff for such charges and every charge shall: (a)conform to this tariff; (b)not exceed the actual cost of the service rendered; and (c)be levied without distinction as to the nationality, domicile or of the traveller concerned. 4.The tariff, and any amendment thereto, shall be published at least 10 days in advance of any levy thereunder. 5.Nothing in these Regulations shall preclude States Parties from seeking reimbursement for expenses incurred in providing the health measures in paragraph 1 of this Article: (a)from conveyance operators or owners with regard to their employees; or (b)from applicable insurance sources. 6.Under no circumstances shall travellers or conveyance operators be denied the ability to depart from the territory of a State Party pending payment of the charges referred to in paragraphs 1 or 2 of this Article. Article 41 Charges for baggage, cargo, containers, conveyances, goods or postal parcels 1.Where charges are made for applying health measures to baggage, cargo, containers, conveyances, goods or postal parcels under these Regulations, there shall be in each State Party only one tariff for such charges and every charge shall: (a)conform to this tariff; (b)not exceed the actual cost of the service rendered; and (c)be levied without distinction as to the nationality, flag, registry or ownership of the baggage, cargo, containers, conveyances, goods or postal parcels concerned. In particular, there shall be no distinction made between national and foreign baggage, cargo, containers, conveyances, goods or postal parcels. 2.The tariff, and any amendment thereto, shall be published at least 10 days in advance of any levy thereunder. PART VIII GENERAL PROVISIONS Article 42 Implementation of health measures Health measures taken pursuant to these Regulations shall be initiated and completed without delay, and applied in a transparent and non-discriminatory . Article 43 Additional health measures These Regulations shall not preclude States Parties from implementing health measures, in accordance with their relevant national law and obligations under international law, in response to specific public health risks or public health emergencies of international concern, which: (a)achieve the same or greater level of health protection than WHO recommendations; or (b) are otherwise prohibited under Article 25, Article 26, paragraphs 1 and 2 of Article 28, Article 30, paragraph 1(c) of Article 31 and Article 33, provided such measures are otherwise consistent with these Regulations. Such measures shall not be more restrictive of international traffic and not more invasive or intrusive to persons than reasonably available alternatives that would achieve the appropriate level of health protection. 2.In determining whether to implement the health measures referred to in paragraph 1 of this Article or additional health measures under paragraph 2 of Article 23, paragraph 1 of Article 27, paragraph 2 of Article 28 and paragraph 2(c) of Article 31, States Parties shall base their determinations upon: (a)scientific principles; (b)available scientific evidence of a risk to human health, or where such evidence is insufficient, the available information including from WHO and other relevant intergovernmental organizations and international bodies; and (c)any available specific guidance or advice from WHO. 3.A State Party implementing additional health measures referred to in paragraph 1 of this Article which significantly interfere with international traffic shall provide to WHO the public health rationale and relevant scientific information for it. WHO shall share this information with other States Parties and shall share information regarding the health measures implemented. For the purpose of this Article, significant interference generally means refusal of entry or departure of international travellers, baggage, cargo, containers, conveyances, goods, and the like, or their delay, for more than 4.After assessing information provided pursuant to paragraph 3 and 5 of this Article and other relevant information, WHO may request that the State Party concerned reconsider the application of the measures. 5.A State Party implementing additional health measures referred to in paragraphs 1 and 2 of this Article that significantly interfere with international traffic shall inform WHO, within 48 hours of implementation, of such measures and their health rationale unless these are covered by a temporary or standing recommendation. 6.A State Party implementing a health measure pursuant to paragraph 1 or 2 of this Article shall within three months review such a measure taking into account the advice of WHO and the criteria in paragraph 2 of this Article. 7.Without prejudice to its rights under Article 56, any State Party impacted by a measure taken pursuant to paragraph 1 or 2 of this Article may request the State Party implementing such a measure to consult with it. The purpose of such consultations is to clarify the scientific information and public health rationale underlying the measure and to find a mutually acceptable solution. 8.The provisions of this Article may apply to implementation of measures concerning travellers taking part in mass congregations. Article 44 Collaboration and assistance 1.States Parties shall undertake to collaborate with each other, to the extent possible, in: (a)the detection and assessment of, and response to, events as provided under these Regulations; (b)the provision or facilitation of technical cooperation and logistical support, particularly in the development, strengthening and maintenance of the public health capacities required under these Regulations; (c)the mobilization of financial resources to facilitate implementation of their obligations under these Regulations; and (d)the formulation of proposed laws and other legal and administrative provisions for the implementation of these Regulations. 2.WHO shall collaborate with States Parties, upon request, to the extent possible, in: (a)the evaluation and assessment of their public health capacities in order to facilitate the effective implementation of these Regulations; (b)the provision or facilitation of technical cooperation and logistical support to States Parties; and (c)the mobilization of financial resources to support developing countries in , strengthening and maintaining the capacities provided for in 1. 3.Collaboration under this Article may be implemented through multiple channels, including bilaterally, through regional networks and the WHO regional offices, and through intergovernmental organizations and international bodies. Article 45 Treatment of personal data 1.Health information collected or received by a State Party pursuant to these Regulations from another State Party or from WHO which refers to an identified or identifiable person shall be kept confidential and processed anonymously as required by national law. 2.Notwithstanding paragraph 1, States Parties may disclose and process personal data where essential for the purposes of assessing and managing a public health risk, but State Parties, in accordance with national law, and WHO must ensure that the personal data are: (a)processed fairly and lawfully, and not further processed in a way incompatible with that purpose; (b)adequate, relevant and not excessive in relation to that purpose; (c)accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which are inaccurate or incomplete are erased or rectified; and (d)not kept longer than necessary. Upon request, WHO shall as far as practicable provide an individual with his or her personal data referred to in this Article in an intelligible form, without undue delay or expense and, when necessary, allow for correction. Article 46 Transport and handling of biological substances, reagents and materials for diagnostic purposes States Parties shall, subject to national law and taking into account relevant international guidelines, facilitate the transport, entry, exit, processing and disposal of biological substances and diagnostic specimens, reagents and other diagnostic materials for verification and public health response purposes under these Regulations. PART IX THE IHR ROSTER OF EXPERTS, THE EMERGENCY COMMITTEE AND THE REVIEW COMMITTEE Chapter I The IHR Roster of Experts The Director-General shall establish a roster composed of experts in all relevant fields of expertise (hereinafter the IHR Expert Roster). The Director-General shall appoint the members of the IHR Expert Roster in accordance with the WHO Regulations for Expert Advisory Panels and Committees (hereinafter the WHO Advisory Panel Regulations), unless otherwise provided in these Regulations. In addition, the Director-General shall appoint one member at the request of each State Party and, where appropriate, experts proposed by relevant intergovernmental and regional economic integration organizations. Interested States Parties shall notify the Director-General of the qualifications and fields of expertise of each of the experts they propose for membership. The Director-General shall periodically inform the States Parties, and relevant intergovernmental and regional economic integration organizations, of the composition of the IHR Expert Roster. Article 48 Terms of reference and composition 1.The Director-General shall establish an that at the request of the Director-General shall provide its views on: (a)whether an event constitutes a public health emergency of international concern; (b)the termination of a public health emergency of international concern; and (c)the proposed issuance, modification, extension or termination of temporary recommendations. 2.The Emergency Committee shall be composed of experts selected by the Director-General from the IHR Expert Roster and, when appropriate, other expert advisory panels of the Organization. The Director-General shall determine the duration of membership with a view to ensuring its continuity in the consideration of a specific event and its consequences. The Director-General shall select the members of basis of the expertise and experience required for any particular session and with due regard to the principles of equitable geographical representation. least one member of should be an expert nominated by a State Party within whose territory the event arises. The Director-General may, on his or her own initiative or at the request of , appoint one or more technical experts to advise the Committee. 1.The Director-General shall convene meetings of by selecting a number of experts from among those referred to in paragraph 2 of Article 48, according to the fields of expertise and experience most relevant to the specific event that is occurring. For the purpose of this Article, meetings of may include teleconferences, videoconferences or electronic communications. 2.The Director-General shall provide with the agenda and any relevant information concerning the event, including information provided by the States Parties, as well as any temporary recommendation that the Director-General proposes for issuance. 3.The Emergency Committee shall elect its Chairperson and prepare following each meeting a brief summary report of its proceedings and deliberations, including any advice on recommendations. 4.The Director-General shall invite the State Party in whose territory the event arises to present its views to . To that effect, the Director-General shall notify to it the dates and the agenda of the meeting of with as much advance notice as necessary. The State Party concerned, however, may not seek a postponement of the meeting of of presenting its views thereto. 5.The views of shall be forwarded to the Director-General for consideration. The Director-General shall make the final determination on these matters. 6.The Director-General shall communicate to States Parties the determination and the termination of a public health emergency of international concern, any health measure taken by the State Party concerned, any temporary recommendation, and the modification, extension and termination of such recommendations, together with the views of . The Director-General shall inform conveyance operators through States Parties and the relevant international agencies of such temporary recommendations, including their modification, extension or termination. The Director- General shall subsequently make such information and recommendations available to the general public. 7.States Parties in whose territories the event has occurred may propose to the Director-General the termination of a public health emergency of international concern and/or the temporary recommendations, and may make a presentation to that effect to . Article 50 Terms of reference and composition 1.The Director-General shall establish a , which shall carry out the following functions: (a)make technical recommendations to the Director-General regarding amendments to these Regulations; (b)provide technical advice to the Director-General with respect to standing recommendations, and any modifications or termination thereof; (c)provide technical advice to the Director-General on any matter referred to it by the Director-General regarding the functioning of these Regulations. 2.The Review Committee shall be considered an expert committee and shall be subject to the WHO Advisory Panel Regulations, unless otherwise provided in this Article. 3.The Members of shall be selected and appointed by the Director-General from among the persons serving on the IHR Expert Roster and, when appropriate, other expert advisory panels of the Organization. 4.The Director-General shall establish the number of members to be invited to a meeting of , determine its date and duration, and convene the Committee. 5.The Director-General shall appoint members to of the work of a session only. 6.The Director-General shall select the members of basis of the principles of equitable geographical representation, gender balance, a balance of experts from developed and developing countries, representation of a diversity of scientific opinion, approaches and practical experience in various parts of the world, and an appropriate interdisciplinary balance. Article 51 Conduct of business 1.Decisions of shall be taken by a majority of the members present and voting. 2.The Director-General shall invite Member States, the United Nations and its specialized agencies and other relevant intergovernmental organizations or nongovernmental organizations in official relations with WHO to designate representatives to attend the Committee sessions. Such representatives may submit memoranda and, with the consent of the Chairperson, make statements on the subjects under discussion. They shall not have the right to vote. For each session, shall draw up a report setting forth the Committees views and advice. This report shall be approved by before the end of the Its views and advice shall not commit the Organization and shall be formulated as advice to the Director-General. The text of the report may not be modified without the Committees consent.