prop · GT03215 · 2006-09-15 00:00:00 — 2.If is not unanimous in its findings, any member shall be entitled to express his or her dissenting professional views in an individual or group report, which shall state the reasons why a divergent opinion is held and shall form part of the Committees report. 3.The Review Committees report shall be submitted to the Director-General, who shall communicate its views and advice to the Health Assembly or consideration and action. Article 53 Procedures for standing recommendations When the Director-General considers that a standing recommendation is necessary and appropriate for a specific public health risk, the Director-General shall seek the views of . In addition to the relevant paragraphs of Articles 50 to 52, the following provisions shall apply: (a)proposals for standing recommendations, their modification or termination may be submitted to by the Director-General or by States Parties through the Director-General; (b)any State Party may submit relevant information for consideration by ; (c)the Director-General may request any State Party, intergovernmental organization or nongovernmental organization in official relations with WHO to place at the disposal of information in its possession concerning the subject of the proposed standing recommendation as specified by ; (d)the Director-General may, at the request of or on the Director- Generals own initiative, appoint one or more technical experts to advise . They shall not have the right to vote; (e)any report containing the views and advice of regarding standing recommendations shall be forwarded to the Director-General for consideration and decision. The Director-General shall communicate the Review Committees views and advice to the Health Assembly; (f)the Director-General shall communicate to States Parties any standing recommendation, as well as the modifications or termination of such recommendations, together with the views of ; (g)standing recommendations shall be submitted by the Director-General to the subsequent Health Assembly for its consideration. PART X FINAL PROVISIONS Article 54 Reporting and review 1.States Parties and the Director-General shall report to the Health Assembly on the implementation of these Regulations as decided by the Health Assembly. 2.The Health Assembly shall periodically review the functioning of these Regulations. To that end it may request the advice of , through the Director-General. The first such review shall take place no later than five years after the entry into force of these Regulations. 3.WHO shall periodically conduct studies to review and evaluate the functioning of 2. The first such review shall commence no later than one year after the entry into force of these Regulations. The results of such reviews shall be submitted to the Health Assembly for its consideration, as appropriate. 1.Amendments to these Regulations may be proposed by any State Party or by the Director- General. Such proposals for amendments shall be submitted to the Health Assembly for its consideration. 2.The text of any proposed amendment shall be communicated to all States Parties by the Director-General at least four months before the Health Assembly at which it is proposed for consideration. 3.Amendments to these Regulations adopted by the Health Assembly pursuant to this Article shall come into force for all States Parties on the same terms, and subject to the same rights and obligations, as provided for in Article 22 of the Constitution of WHO and Articles 59 to 64 of these Regulations. Article 56 Settlement of disputes 1.In the event of a dispute between two or more States Parties concerning the interpretation or application of these Regulations, the States Parties concerned shall seek in the first instance to settle the dispute through negotiation or any other peaceful means of their own choice, including good offices, mediation or conciliation. Failure to reach agreement shall not absolve the parties to the dispute from the responsibility of continuing to seek to resolve it. 2.In the event that the dispute is not settled by the means described under paragraph 1 of this Article, the States Parties concerned may agree to refer the dispute to the Director-General, who shall make every effort to settle it. 3.A State Party may at any time declare in writing to the Director-General that it accepts arbitration as compulsory with regard to all disputes concerning the interpretation or application of these Regulations to which it is a party or with regard to a specific dispute in relation to any other State Party accepting the same obligation. The arbitration shall be conducted in accordance with the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between Two States applicable at the time a request for arbitration is made. The States Parties that have agreed to accept arbitration as compulsory shall accept the arbitral award as binding and final. The Director-General shall inform the Health Assembly regarding such action as appropriate. 4.Nothing in these Regulations shall impair the rights of States Parties under any international agreement to which they may be parties to resort to the dispute settlement mechanisms of other intergovernmental organizations or established under any international agreement. 5.In the event of a dispute between WHO and one or more States Parties concerning the interpretation or application of these Regulations, the matter shall be submitted to the Health Assembly. Article 57 Relationship with other international agreements 1.States Parties recognize that the IHR and other relevant international agreements should be interpreted so as to be compatible. The provisions of the IHR shall not affect the rights and obligations of any State Party deriving from other international agreements. 2.Subject to paragraph 1 of this Article, nothing in these Regulations shall prevent States Parties having certain interests in common owing to their health, geographical, social or economic conditions, from concluding special treaties or arrangements in order to facilitate the application of these Regulations, and in particular with regard to: (a)the direct and rapid exchange of public health information between neighbouring territories of different States; (b)the health measures to be applied to international traffic and to international traffic in waters within their jurisdiction; (c)the health measures to be applied in contiguous territories of different States at their common frontier; (d)arrangements for carrying affected persons or affected human remains by means of transport specially adapted for the purpose; and (e)deratting, disinsection, disinfection, decontamination or other treatment designed to render goods free of disease-causing agents. 3.Without prejudice to their obligations under these Regulations, States Parties that are members of a regional economic integration organization shall apply in their mutual relations the common rules in force in that regional economic integration organization. Article 58 International sanitary agreements and regulations These Regulations, subject to the provisions of Article 62 and the exceptions hereinafter provided, shall replace as between the States bound by these Regulations and as between these States and WHO, the provisions of the following international sanitary agreements and regulations: (a)International Sanitary Convention, signed in , 21 1926; (b) International Sanitary Convention for Aerial Navigation, signed at The Hague, ; (c) International Agreement for dispensing with Bills of Health, signed in , ; (d)International Agreement for dispensing with Consular Visas on Bills of Health, signed in , ; (e)Convention modifying the International Sanitary Convention of 21 1926, signed in , 31 October 1938; (f)International Sanitary Convention, 1944, modifying the International Sanitary Convention of 21 1926, opened for signature in , ; (g)International Sanitary Convention for Aerial Navigation, 1944, modifying the International Sanitary Convention of , opened for signature in , ; (h)Protocol of to prolong the International Sanitary Convention, 1944, signed in ; (i)Protocol of to prolong the International Sanitary Convention for Aerial Navigation, 1944, signed in ; (j)International Sanitary Regulations, 1951, and the Additional Regulations of 1955, 1956, 1960, 1963 and 1965; and (k)the International Health Regulations of 1969 and the amendments of 1973 and 1981. The Code, signed at , , shall remain in force with the exception of Articles 2, 9, 10, 11, 16 to 53 inclusive, 61 and 62, to which the relevant part of paragraph 1 of this Article shall apply. Article 59 Entry into force; period for rejection or reservations 1.The period provided in execution of Article 22 of the Constitution of WHO for rejection of, or reservation to, these Regulations or an amendment thereto, shall be 18 months from the date of the notification by the Director-General of the adoption of these Regulations or of an amendment to these Regulations by the Health Assembly. rejection or reservation received by the Director-General after the expiry of that period shall have no effect. 2.These Regulations shall enter into force 24 months after the date of notification referred to in paragraph 1 of this Article, except for: (a)a State that has rejected these Regulations or an amendment thereto in accordance with Article 61; (b)a State that has made a reservation, for which these Regulations shall enter into force as provided in Article 62; (c)a State that becomes a Member of WHO after the date of the notification by the Director- General referred to in paragraph 1 of this Article, and which is not already a party to these Regulations, for which these Regulations shall enter into force as provided in Article 60; and (d)a State not a Member of WHO that accepts these Regulations, for which they shall enter into force in accordance with paragraph 1 of Article 64. 3.If a State is not able to adjust its domestic legislative and administrative arrangements fully with these Regulations within the period set out in paragraph 2 of this Article, that State shall submit within the period specified in paragraph 1 of this Article a declaration to the Director-General regarding the outstanding adjustments and achieve them no later than 12 months after the entry into force of these Regulations for that State Party. Article 60 New Member States of WHO which becomes a Member of WHO after the date of the notification by the Director- General referred to in paragraph 1 of Article 59, and which is not already a party to these Regulations, may communicate its rejection of, or any reservation to, these Regulations within a period of twelve months from the date of the notification to it by the Director-General after becoming a Member of WHO. Unless rejected, these Regulations shall enter into force with respect to that State, subject to the provisions of Articles 62 and 63, upon expiry of that period. In no case shall these Regulations enter into force in respect to that State earlier than 24 months after the date of notification referred to in paragraph 1 of Article 59. If a State notifies the Director-General of its rejection of these Regulations or of an amendment thereto within the period provided in paragraph 1 of Article 59, these Regulations or the amendment concerned shall not enter into force with respect to that State. international sanitary agreement or regulations listed in Article 58 to which such State is already a party shall remain in force as far as such State is concerned. 1.States may make reservations to these Regulations in accordance with this Article. Such reservations shall not be incompatible with the object and purpose of these Regulations. 2.Reservations to these Regulations shall be notified to the Director-General in accordance with paragraph 1 of Article 59 and Article 60, paragraph 1 of Article 63 or paragraph 1 of Article 64, as the case may be. A State not a Member of WHO shall notify the Director-General of any reservation with its notification of acceptance of these Regulations. States formulating reservations should provide the Director-General with reasons for the reservations. 3.A rejection in part of these Regulations shall be considered as a reservation. 4.The Director-General shall, in accordance with paragraph 2 of Article 65, issue notification of each reservation received pursuant to paragraph 2 of this Article. The Director-General shall: (a)if the reservation was made before the entry into force of these Regulations, request those Member States that have not rejected these Regulations to notify him or her within six months of any objection to the reservation, or (b)if the reservation was made after the entry into force of these Regulations, request States Parties to notify him or her within six months of any objection to the reservation. States objecting to a reservation should provide the Director-General with reasons for the objection. 5.After this period, the Director-General shall notify all States Parties of the objections he or she has received with regard to reservations. Unless by the end of six months from the date of the notification referred to in paragraph 4 of this Article a reservation has been objected to by one-third of the States referred to in paragraph 4 of this Article, it shall be deemed to be accepted and these Regulations shall enter into force for the reserving State, subject to the reservation. 6.If at least one-third of the States referred to in paragraph 4 of this Article object to the reservation by the end of six months from the date of the notification referred to in paragraph 4 of this Article, the Director-General shall notify the reserving State with a view to its considering withdrawing the reservation within three months from the date of the notification by the Director- General. 7.The reserving State shall continue to fulfil any obligations corresponding to the subject matter of the reservation, which the State has accepted under any of the international sanitary agreements or regulations listed in Article 58. 8.If the reserving State does not withdraw the reservation within three months from the date of the notification by the Director-General referred to in paragraph 6 of this Article, the Director-General shall seek the view of if the reserving State so requests. Committee shall advise the Director-General as soon as possible and in accordance with Article 50 on the practical impact of the reservation on the operation of these Regulations. 9.The Director-General shall submit the reservation, and the views of if applicable, to the Health Assembly for its consideration. If the Health Assembly, by a majority vote, objects to the reservation on the ground that it is incompatible with the object and purpose of these Regulations, the reservation shall not be accepted and these Regulations shall enter into force for the reserving State only after it withdraws its reservation pursuant to Article 63. If the Health Assembly accepts the reservation, these Regulations shall enter into force for the reserving State, subject to its reservation. Article 63 Withdrawal of rejection and reservation A rejection made under Article 61 may at any time be withdrawn by a State by notifying the Director-General. In such cases, these Regulations shall enter into force with regard to that State upon receipt by the Director-General of the notification, except where the State makes a reservation when withdrawing its rejection, in which case these Regulations shall enter into force as provided in Article 62. In no case shall these Regulations enter into force in respect to that State earlier than 24 months after the date of notification referred to in paragraph 1 of Article 59. The whole or part of any reservation may at any time be withdrawn by the State Party concerned by notifying the Director-General. In such cases, the withdrawal will be effective from the date of receipt by the Director-General of the notification. Article 64 States not Members of WHO 1.Any State not a Member of WHO, which is a party to any international sanitary agreement or regulations listed in Article 58 or to which the Director-General has notified the adoption of these Regulations by the World Health Assembly, may become a party hereto by notifying its acceptance to the Director-General and, subject to the provisions of Article 62, such acceptance shall become effective upon the date of entry into force of these Regulations, or, if such acceptance is notified after that date, three months after the date of receipt by the Director-General of the notification of acceptance. 2.Any State not a Member of WHO which has become a party to these Regulations may at any time withdraw from participation in these Regulations, by means of a notification addressed to the Director-General which shall take effect six months after the Director-General has received it. which has withdrawn shall, as from that date, resume application of the provisions of any international sanitary agreement or regulations listed in Article 58 to which it was previously a party. Article 65 Notifications by the Director-General 1.The Director-General shall notify all States Members and Associate Members of WHO, and also other parties to any international sanitary agreement or regulations listed in Article 58, of the adoption by the Health Assembly of these Regulations. 2.The Director-General shall also notify these States, as well as any other State which has become a party to these Regulations or to any amendment to these Regulations, of any notification received by WHO under Articles 60 to 64 respectively, as well as of any decision taken by the Health Assembly under Article 62. Article 66 Authentic texts 1.The Arabic, Chinese, English, French, Russian and Spanish texts of these Regulations shall be equally authentic. The original texts of these Regulations shall be deposited with WHO. 2.The Director-General shall send, with the notification provided in paragraph 1 of Article 59, certified copies of these Regulations to all Members and Associate Members, and also to other parties to any of the international sanitary agreements or regulations listed in Article 58. 3.Upon the entry into force of these Regulations, the Director-General shall deliver certified copies thereof to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations. A. FOR SURVEILLANCE 1.States Parties shall utilize existing national structures and resources to meet their core capacity requirements under these Regulations, including with regard to: (a)their surveillance, reporting, notification, verification, response and collaboration activities; and (b)their activities concerning designated airports, ports and ground crossings. 2.Each State Party shall assess, within two years following the entry into force of these Regulations for that State Party, the ability of existing national structures and resources to meet the minimum requirements described in this . As a result of such assessment, States Parties shall develop and implement plans of action to ensure that these core capacities are present and functioning throughout their territories as set out in paragraph 1 of Article 5 and paragraph 1 of Article 13. 3.States Parties and WHO shall support assessments, planning and implementation processes under this . 4.At the local community level and/or primary public health response level (a)to detect events involving disease or death above expected levels for the particular time and place in all areas within the territory of the State Party; and (b)to report all available essential information immediately to the appropriate level of health- care response. At the community level, reporting shall be to local community health-care institutions or the appropriate health personnel. At the primary public health response level, reporting shall be to the intermediate or national response level, depending on organizational structures. For the purposes of this , essential information includes the following: clinical descriptions, laboratory results, sources and type of risk, numbers of human cases and deaths, conditions affecting the spread of the disease and the health measures employed; and (c)to implement preliminary control measures immediately. 5.At the intermediate public health response levels (a)to confirm the status of reported events and to support or implement additional control measures; and (b)to assess reported events immediately and, if found urgent, to report all essential information to the national level. For the purposes of this , the criteria for urgent events include serious public health impact and/or unusual or unexpected nature with high potential for spread. 6.At the national level Assessment and notification. (a)to assess all reports of urgent events within 48 hours; and (b)to notify WHO immediately through the National IHR Focal Point when the assessment indicates the event is notifiable pursuant to paragraph 1 of Article 6 and 2 and to inform WHO as required pursuant to Article 7 and paragraph 2 of Article 9. Public health response. (a)to determine rapidly the control measures required to prevent domestic and international spread; (b)to provide support through specialized staff, laboratory analysis of samples (domestically or through collaborating centres) and logistical assistance (e.g. equipment, supplies and transport); (c)to provide on-site assistance as required to supplement local investigations; (d)to provide a direct operational link with senior health and other officials to approve rapidly and implement containment and control measures; (e)to provide direct liaison with other relevant government ministries; (f)to provide, by the most efficient means of communication available, links with hospitals, clinics, airports, ports, ground crossings, laboratories and other key operational areas for the dissemination of information and recommendations received from WHO regarding events in the State Partys own territory and in the territories of other States Parties; (g)to establish, operate and maintain a national public health emergency response plan, including the creation of multidisciplinary/multisectoral teams to respond to events that may constitute a public health emergency of international concern; and (h)to provide the foregoing on a 24-hour basis. B. FOR DESIGNATED AIRPORTS, PORTS AND GROUND CROSSINGS 1.At all times The capacities: (a)to provide access to (i) an appropriate service including diagnostic facilities located so as to allow the prompt assessment and care of ill travellers, and (ii) adequate staff, equipment and premises; (b)to provide access to equipment and personnel for the transport of ill travellers to an appropriate facility; (c)to provide trained personnel for the inspection of conveyances; (d)to ensure a safe environment for travellers using point of entry facilities, including potable water supplies, eating , flight catering facilities, public washrooms, appropriate solid and liquid waste disposal services and other potential risk areas, by conducting inspection programmes, as appropriate; and (e)to provide as far as practicable a programme and trained personnel for the control of vectors and reservoirs in and near points of entry. 2.For responding to events that may constitute a public health emergency of international concern capacities: (a)to provide appropriate public health emergency response by establishing and maintaining a public health emergency contingency plan, including the nomination of a coordinator and contact points for relevant point of entry, public health and other agencies and services;