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Legislative aspects for IHR
implementation at airports
CAPSCA Europe workshop, Paris, France, 20-22 September 2011
Thomas Hofmann
Division of Communicable Diseases, Health Security, & Environment
WHO Regional Office for Europe
Overview and legal significance
of the IHR
• IHR (2005) was adopted unanimously
by governments of all WHO Member
States during the World Health
Assembly in May 2005
• Entry into force in June 2007
– One exception: there is a five year phase
until 2012 for (technical) IHR Core
Capacities development (Annex 1)
• Binding international law for the entire
government of - in the meantime - 194
Member States
• National ratification is not required
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Broad legal scope and coverage of IHR
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“Point of entry (PoE)” – a passage for international entry or exit of
travellers, baggage, cargo, containers, conveyances, goods and postal
parcels as well as agencies and areas providing services to them on entry
and exit
“Disease”: “an Illness or medical condition, irrespective of origin or source,
that presents or could present significant harm to humans”
“Event”: “a manifestation of disease or an occurrence that creates the
potential for disease”
"Public health risk": "the likelihood of an event that may adversely affect
the health of human populations, …"
Covered events/risks may be:
– Biological/infectious (including zoonoses), chemical, radio-nuclear
– Known or unknown, emerging or re-emerging
– Transmissible by persons, transport conveyances, cargo/goods
food/animals/products), vectors, environment, etc.
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IHR implementation can impact many
ministries, sectors and governmental levels
Domestic Areas Affected by IHR (2005)
•Public health
•Environment
•International ports, airports, ground crossings
•Customs
•Food safety
•Agriculture (including animal health)
•Radiation/radiology and nuclear safety
•Chemical safety
•Industry
•Transportation (including dangerous goods)
•Collection, use and disclosure of health-related
information
•Public health related-activities of authorities or
other relevant government entities
Ministries Affected by IHR (2005)
•Health
•Environment
•Transportation
•Borders/Ports/Airports/Customs
•Energy
•Agriculture/Food
•Industry
•Communications
•Disaster Management and Response
•Interior
•Foreign Affairs
•Executive Branch and/or municipal, sub-national,
or local offices
•Others
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What are the key provisions for implementing
IHR in air travel?
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Key provisions for States Parties (1)
• Designate international airports for developing minimum
public health capacities
• Identify the competent authority for implementing the IHR
requirements at each PoE
• Maintain facilities used by travelers in a sanitary conditions
and free of sources of infection and contamination
• Provide vector control for >400 meters from international
passenger terminals and operational areas
• Adopt Aircraft General Declaration – Annex 9 (Health Part)
- Annex of the declaration includes the Passenger
Locator Card
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Key provisions for States Parties (2)
• Monitoring, supervision and inspection programmes
• Have capacities to adopt health measures recommended
by WHO
• Collaborate internationally with WHO and other States
Parties
• Furnish relevant data to WHO on request, in response to
a specific potential public health risk, information
concerning sources of infection and contamination at
PoEs which could result in international disease spread
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Role of Competent Authorities
(Part I, Article 1. Definitions; Article 22)
“Competent authority means an authority responsible for the
implementation and application of health measures under these
Regulations”
Role
• Develop Core Capacities (Annex 1B) at designated PoE
• Keep all the facilities used by international travellers free from
infection and contamination, including vectors and reservoirs
• Apply health measures recommended by WHO
• Communication with conveyance operators, with other
authorities at PoE, with local/regional/national surveillance
structures
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Role of Conveyances Operators under IHR
Conveyance operators shall keep vessels free of sources
of infection and contamination and facilitate:
a) inspection of the cargo, and containers
b) medical examinations of persons on board
c) application of other health measures
d) provide relevant public health information requested
by the State Party, including the relevant IHR
documents:
Health Part of Aircraft General Declaration,
Certificate of vaccination and prophylaxis, etc.
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Approaches for legislative processes
• Capacity assessments
– Multi-sectoral
– All levels
• Review of national legislation
• Review of regulations, decrees, orders, ordinances,
decisions of different bodies, resolutions, rules and
administrative procedures related to the operational
implementation of the IHR
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Potential areas for legislation at PoEs (1)
• Coordination of national process for
designation of selected airports under IHR
• Definition of roles, incl. financial responsibility
and timeline, i.e. 15 June 2012
• Authorizing IHR National Focal Point as
national communication hub for events at PoE
• Obligations of airlines and airport operators,
e.g. communication, emergency services
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Potential areas for legislation at PoEs (2)
• Provisions for contact tracing, quarantine,
disinsection, sanitation, cargo areas, medical
services
• Health documents, e.g. aircraft general
declaration and passenger locator card
• Emergency re-direction of flights
• Fines and fees
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WHO guidance material
• Checklist for Capacities at Points of Entry
• Detailed, step by step guidance materials on WHO Website
– A brief introduction to implementation in national legislation
– Toolkit for implementation in national legislation
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International Health regulations (2005)
PART II – INFORMATION AND PUBLIC HEALTH RESPONSE
Article 5 Surveillance
Article 6 Notification
Article 7 Information-sharing during unexpected or unusual public health events
Article 8 Consultation
Article 9 Other reports
Article 10 Verification
WHO shall coordinate these activities with other
Article 11 Provision of information by WHO
intergovernmental organizations …
Article 12 Determination of a public health emergency of international concern
(e.g. IMO, ILO, ICAO…)
Article 13 Public health response
Article 14 Cooperation of WHO with intergovernmental organizations and international
bodies
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96 ‘Articles’
18 Annexes to the
Convention - ‘Standards
and Recommended
Practices’ SARPs
•Governments
Regulatory Aviation
Authorities
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ICAO Annex 9 - Facilitation
Health part of aircraft general
declaration
Passenger Locator Card
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Assessment of National Legislation
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Review of National policies
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Thank you
WHO EURO IHR Contact Point
Tel: +45-39171440
E-mail: [email protected]
IHR website: http://www.who.int/ihr
Legislative aspects IHR implementation at airports
21 September 2011