CAPSCA Europe workshop, Paris, France, September 2011 Legislative aspects for IHR implementation at airports Thomas Hofmann Division of Communicable Diseases, Health Security, & Environment WHO Regional Office for Europe

Legislative aspects IHR implementation at airports 21 September 2011 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 Member States National ratification is not required

Legislative aspects IHR implementation at airports 21 September 2011 Broad legal scope and coverage of IHR “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.

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 What are the key provisions for implementing IHR in air travel?

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 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.

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 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

Legislative aspects IHR implementation at airports 21 September 2011 International Health regulations (2005) PART II – INFORMATION AND PUBLIC HEALTH RESPONSE Article 5Surveillance Article 6Notification Article 7Information-sharing during unexpected or unusual public health events Article 8Consultation Article 9Other reports Article 10Verification Article 11 Provision of information by WHO Article 12Determination of a public health emergency of international concern Article 13 Public health response Article 14 Cooperation of WHO with intergovernmental organizations and international bodies WHO shall coordinate these activities with other intergovernmental organizations … (e.g. IMO, ILO, ICAO…) WHO shall coordinate these activities with other intergovernmental organizations … (e.g. IMO, ILO, ICAO…)

Legislative aspects IHR implementation at airports 21 September Annexes to the Convention - ‘Standards and Recommended Practices’ SARPs Governments Regulatory Aviation Authorities 96 ‘Articles’

Legislative aspects IHR implementation at airports 21 September 2011 ICAO Annex 9 - Facilitation  Health part of aircraft general declaration  Passenger Locator Card

Legislative aspects IHR implementation at airports 21 September 2011 Assessment of National Legislation

Legislative aspects IHR implementation at airports 21 September 2011 Review of National policies

Legislative aspects IHR implementation at airports 21 September 2011 Thank you WHO EURO IHR Contact Point Tel: IHR website: