Tractatenblad 2024, 132

8 (1946) Nr. 19

A. TITEL

1. Statuut van de Wereldgezondheidsorganisatie;

2. Protocol nopens het Internationale Gezondheidsbureau, met Annex;

3. Overeenkomst, gesloten door de Regeringen, vertegenwoordigd op de Internationale Gezondheidsconferentie gehouden in de stad New York van 19 juni tot 22 juli 1946;

New York, 22 juli 1946

Voor een overzicht van de verdragsgegevens, zie verdragsnummers 006731, 011314, 013935 en 014037 in de Verdragenbank.

B. TEKST

De Wereldgezondheidsvergadering heeft tijdens haar zevenenzeventigste zitting (WHA77) op 1 juni 2024 te Genève in overeenstemming met artikel 55, derde lid, van de Internationale Gezondheidsregeling (2005), wijzigingen van artikelen 1, 2, 3, 4, 5, 6, 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 27, 28, 35, 37, 43, 44, 45, 48, 49, 50, 53, 54 en 60, toevoeging van nieuwe artikelen 44bis en 54bis, en wijzigingen van bijlagen 1, 2, 3, 4, 6, 7 en 8 bij de Internationale Gezondheidsregeling (2005) aangenomen. Op 19 september 2024 heeft de Directeur-Generaal van de Wereldgezondheidsorganisatie alle Partijen van deze wijzigingen in kennis gesteld. De Engelse tekst¹⁾ van de gewijzigde artikelen en bijlagen en van de toegevoegde nieuwe artikelen luidt als volgt, waarbij de toegevoegde tekst is onderstreept en de geschrapte tekst is doorgehaald:

INTERNATIONAL HEALTH REGULATIONS (2005)

PART I DEFINITIONS, PURPOSE AND SCOPE, PRINCIPLES AND RESPONSIBLE AUTHORITIES

Article 1 Definitions

• 1. For the purposes of the International Health Regulations (hereinafter “the IHR” or “Regulations”):

  “affected” means persons, baggage, cargo, containers, conveyances, goods, postal parcels or human remains that are infected or contaminated, or carry sources of infection or contamination, so as to constitute a public health risk;

  “affected area” means a geographical location specifically for which health measures have been recommended by WHO under these Regulations;

  “aircraft” means an aircraft making an international voyage;

  “airport” means any airport where international flights arrive or depart;

  “arrival” of a conveyance means:

  • a) in the case of a seagoing vessel, arrival or anchoring in the defined area of a port;

  • b) in the case of an aircraft, arrival at an airport;

  • c) in the case of an inland navigation vessel on an international voyage, arrival at a point of entry;

  • d) in the case of a train or road vehicle, arrival at a point of entry;

  “baggage” means the personal effects of a traveller;

  “cargo” means goods carried on a conveyance or in a container;

  “competent authority” means an authority responsible for the implementation and application of health measures under these Regulations;

  “container” means an article of transport equipment:

  • a) of a permanent character and accordingly strong enough to be suitable for repeated use;

  • b) specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading;

  • c) fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another; and

  • d) specially designed as to be easy to fill and empty;

  “container loading area” means a place or facility set aside for containers used in international traffic;

  “contamination” means the presence of an infectious or toxic agent or matter on a human or animal body surface, in or on a product prepared for consumption or on other inanimate objects, including conveyances, that may constitute a public health risk;

  “conveyance” means an aircraft, ship, train, road vehicle or other means of transport on an international voyage;

  “conveyance operator” means a natural or legal person in charge of a conveyance or their agent;

  “crew” means persons on board a conveyance who are not passengers;

  “decontamination” means a procedure whereby health measures are taken to eliminate an infectious or toxic agent or matter on a human or animal body surface, in or on a product prepared for consumption or on other inanimate objects, including conveyances, that may constitute a public health risk;

  “departure” means, for persons, baggage, cargo, conveyances or goods, the act of leaving a territory;

  “deratting” means the procedure whereby health measures are taken to control or kill rodent vectors of human disease present in baggage, cargo, containers, conveyances, facilities, goods and postal parcels at the point of entry;

  “Director-General” means the Director-General of the World Health Organization;

  “disease” means an illness or medical condition, irrespective of origin or source, that presents or could present significant harm to humans;

  “disinfection” means the procedure whereby health measures are taken to control or kill infectious agents on a human or animal body surface or in or on baggage, cargo, containers, conveyances, goods and postal parcels by direct exposure to chemical or physical agents;

  “disinsection” means the procedure whereby health measures are taken to control or kill the insect vectors of human diseases present in baggage, cargo, containers, conveyances, goods and postal parcels;

  “event” means a manifestation of disease or an occurrence that creates a potential for disease;

  “free pratique” means permission for a ship to enter a port, embark or disembark, discharge or load cargo or stores; permission for an aircraft, after landing, to embark or disembark, discharge or load cargo or stores; and permission for a ground transport vehicle, upon arrival, to embark or disembark, discharge or load cargo or stores;

  “goods” mean tangible products, including animals and plants, transported on an international voyage, including for utilization on board a conveyance;

  “ground crossing” means a point of land entry in a State Party, including one utilized by road vehicles and trains;

  “ground transport vehicle” means a motorized conveyance for overland transport on an international voyage, including trains, coaches, lorries and automobiles;

  “health measure” means procedures applied to prevent the spread of disease or contamination; a health measure does not include law enforcement or security measures;

  “ill person” means an individual suffering from or affected with a physical ailment that may pose a public health risk;

  “infection” means the entry and development or multiplication of an infectious agent in the body of humans and animals that may constitute a public health risk;

  “inspection” means the examination, by the competent authority or under its supervision, of areas, baggage, containers, conveyances, facilities, goods or postal parcels, including relevant data and documentation, to determine if a public health risk exists;

  “international traffic” means the movement of persons, baggage, cargo, containers, conveyances, goods or postal parcels across an international border, including international trade;

  “international voyage” means:

  • a) in the case of a conveyance, a voyage between points of entry in the territories of more than one State, or a voyage between points of entry in the territory or territories of the same State if the conveyance has contacts with the territory of any other State on its voyage but only as regards those contacts;

  • b) in the case of a traveller, a voyage involving entry into the territory of a State other than the territory of the State in which that traveller commences the voyage;

  “intrusive” means possibly provoking discomfort through close or intimate contact or questioning;

  “invasive” means the puncture or incision of the skin or insertion of an instrument or foreign material into the body or the examination of a body cavity. For the purposes of these Regulations, medical examination of the ear, nose and mouth, temperature assessment using an ear, oral or cutaneous thermometer, or thermal imaging; medical inspection; auscultation; external palpation; retinoscopy; external collection of urine, faeces or saliva samples; external measurement of blood pressure; and electrocardiography shall be considered to be non-invasive;

  “isolation” means separation of ill or contaminated persons or affected baggage, containers, conveyances, goods or postal parcels from others in such a manner as to prevent the spread of infection or contamination;

  “medical examination” means the preliminary assessment of a person by an authorized health worker or by a person under the direct supervision of the competent authority, to determine the person’s health status and potential public health risk to others, and may include the scrutiny of health documents, and a physical examination when justified by the circumstances of the individual case;

  “National IHR Authority” means the entity designated or established by the State Party at the national level to coordinate the implementation of these Regulations within the jurisdiction of the State Party;

  “National IHR Focal Point” means the national centre, designated by each State Party, which shall be accessible at all times for communications with WHO IHR Contact Points under these Regulations;

  “Organization” or “WHO” means the World Health Organization;

  “pandemic emergency” means a public health emergency of international concern that is caused by a communicable disease and:

  • (i) has, or is at high risk of having, wide geographical spread to and within multiple States; and

  • (ii) is exceeding, or is at high risk of exceeding, the capacity of health systems to respond in those States; and

  • (iii) is causing, or is at high risk of causing, substantial social and/or economic disruption, including disruption to international traffic and trade; and

  • (iv) requires rapid, equitable and enhanced coordinated international action, with whole-of-government and whole-of-society approaches;

  “permanent residence” has the meaning as determined in the national law of the State Party concerned;

  “personal data” means any information relating to an identified or identifiable natural person;

  “point of entry” means 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 or exit;

  “port” means a seaport or a port on an inland body of water where ships on an international voyage arrive or depart;

  “postal parcel” means an addressed article or package carried internationally by postal or courier services;

  “public health emergency of international concern” means an extraordinary event which is determined, as provided in these Regulations:

  • (i) to constitute a public health risk to other States through the international spread of disease; and

  • (ii) to potentially require a coordinated international response;

  “public health observation” means the monitoring of the health status of a traveller over time for the purpose of determining the risk of disease transmission;

  “public health risk” means a likelihood of an event that may affect adversely the health of human populations, with an emphasis on one which may spread internationally or may present a serious and direct danger;

  “quarantine” means the restriction of activities and/or separation from others of suspect persons who are not ill or of suspect baggage, containers, conveyances or goods in such a manner as to prevent the possible spread of infection or contamination;

  “recommendation” and “recommended” refer to temporary or standing recommendations issued under these Regulations;

  “relevant health products” means those health products needed to respond to public health emergencies of international concern, including pandemic emergencies, which may include medicines, vaccines, diagnostics, medical devices, vector control products, personal protective equipment, decontamination products, assistive products, antidotes, cell- and gene-based therapies, and other health technologies;

  “reservoir” means an animal, plant or substance in which an infectious agent normally lives and whose presence may constitute a public health risk;

  “road vehicle” means a ground transport vehicle other than a train;

  “scientific evidence” means information furnishing a level of proof based on the established and accepted methods of science;

  “scientific principles” means the accepted fundamental laws and facts of nature known through the methods of science;

  “ship” means a seagoing or inland navigation vessel on an international voyage;

  “standing recommendation” means non-binding advice issued by WHO for specific ongoing public health risks pursuant to Article 16 regarding appropriate health measures for routine or periodic application needed to prevent or reduce the international spread of disease and minimize interference with international traffic;

  “surveillance” means the systematic ongoing collection, collation and analysis of data for public health purposes and the timely dissemination of public health information for assessment and public health response as necessary;

  “suspect” means those persons, baggage, cargo, containers, conveyances, goods or postal parcels considered by a State Party as having been exposed, or possibly exposed, to a public health risk and that could be a possible source of spread of disease;

  “temporary recommendation” means non-binding advice issued by WHO pursuant to Article 15 for application on a time-limited, risk-specific basis, in response to a public health emergency of international concern, so as to prevent or reduce the international spread of disease and minimize interference with international traffic;

  “temporary residence” has the meaning as determined in the national law of the State Party concerned;

  “traveller” means a natural person undertaking an international voyage;

  “vector” means an insect or other animal which normally transports an infectious agent that constitutes a public health risk;

  “verification” means the provision of information by a State Party to WHO confirming the status of an event within the territory or territories of that State Party;

  “WHO IHR Contact Point” means the unit within WHO which shall be accessible at all times for communications with the National IHR Focal Point.

• 2. Unless otherwise specified or determined by the context, reference to these Regulations includes the annexes thereto.

Article 2 Purpose and scope

The purpose and scope of these Regulations are to prevent, prepare for, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade.

Article 3 Principles

• 1. The implementation of these Regulations shall be with full respect for the dignity, human rights and fundamental freedoms of persons, and shall promote equity and solidarity.

• 2. The implementation of these Regulations shall be guided by the Charter of the United Nations and the Constitution of the World Health Organization.

• 3. The implementation of these Regulations shall be guided by the goal of their universal application for the protection of all people of the world from the international spread of disease.

• 4. States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to legislate and to implement legislation in pursuance of their health policies. In doing so, they should uphold the purpose of these Regulations.

Article 4 Responsible authorities

• 1 bis. The National IHR Authority shall coordinate the implementation of these Regulations within the jurisdiction of the State Party.

• 2. National IHR Focal Points shall be accessible at all times for communications with the WHO IHR Contact Points provided for in paragraph 3 of this Article. The functions of National IHR Focal Points shall include:

  • a) sending to WHO IHR Contact Points, on behalf of the State Party concerned, urgent communications concerning the implementation of these Regulations, in particular under Articles 6 to 12; and

  • b) disseminating information to, and consolidating input from, relevant sectors of the administration of the State Party concerned, including those responsible for surveillance and reporting, points of entry, public health services, clinics and hospitals and other government departments.

• 3. WHO shall designate IHR Contact Points, which shall be accessible at all times for communications with National IHR Focal Points. WHO IHR Contact Points shall send urgent communications concerning the implementation of these Regulations, in particular under Articles 6 to 12, to the National IHR Focal Point of the States Parties concerned. WHO IHR Contact Points may be designated by WHO at the headquarters or at the regional level of the Organization.

PART II INFORMATION AND PUBLIC HEALTH RESPONSE

Article 5 Surveillance

• 3. WHO shall assist States Parties, upon request, to develop, strengthen and maintain the core capacities referred to in paragraph 1 of this Article.

• 4. WHO shall collect information regarding events through its surveillance activities and assess their potential to cause international disease spread and possible interference with international traffic. Information received by WHO under this paragraph shall be handled in accordance with Articles 11 and 45 where appropriate.

Article 6 Notification

• 1. Each State Party shall assess events occurring within its territory by using the decision instrument in Annex 2. Each State Party shall notify WHO, by the most efficient means of communication available, by way of the National IHR Focal Point, and within 24 hours of assessment of public health information, of all events which may constitute a public health emergency of international concern within its territory in accordance with the decision instrument, as well as any health measure implemented in response to those events. If the notification received by WHO involves the competency of the International Atomic Energy Agency (IAEA) or other intergovernmental organization(s), WHO shall, pursuant to paragraph 1 of Article 14, immediately notify the IAEA or, as appropriate, the other competent intergovernmental organization(s).

• 2. Following a notification, a State Party shall continue to communicate to WHO timely, accurate and sufficiently detailed public health information available to it on the notified event, where possible including case definitions, laboratory results, source and type of the risk, number of cases and deaths, conditions affecting the spread of the disease and the health measures employed; and report, when necessary, the difficulties faced and support needed in responding to the potential public health emergency of international concern.

Article 8 Consultation

Article 10 Verification

• 1. WHO shall request, in accordance with Article 9, verification from a State Party of reports from sources other than notifications or consultations of events which may constitute a public health emergency of international concern allegedly occurring in the State’s territory. In such cases, WHO shall inform the State Party concerned regarding the reports it is seeking to verify.

• 2. Pursuant to the foregoing paragraph and to Article 9, each State Party, when requested by WHO, shall verify and provide:

  • a) within 24 hours, an initial reply to, or acknowledgement of, the request from WHO;

  • b) within 24 hours, available public health information on the status of events referred to in WHO’s request; and

  • c) information to WHO in the context of an assessment under Article 6, including relevant information as described in that Article.

Article 11 Provision of information by WHO

• 1. Subject to paragraph 2 of this Article, WHO shall send to all States Parties and, as appropriate, to relevant intergovernmental organizations, as soon as possible and by the most efficient means available, in confidence, such public health information which it has received under Articles 5 to 10 inclusive and which is necessary to enable States Parties to respond to a public health risk. WHO should communicate information to other States Parties that might help them in preventing the occurrence of similar incidents.

• 2. WHO shall use information received under Articles 6 and 8 and paragraph 2 of Article 9 for verification, assessment and assistance purposes under these Regulations and, unless otherwise agreed with the States Parties referred to in those provisions, shall not make this information generally available to other States Parties, until such time as:

  • a) the event is determined to constitute a public health emergency of international concern, including a pandemic emergency, in accordance with Article 12; or

  • b) information evidencing the international spread of the infection or contamination has been confirmed by WHO in accordance with established epidemiological principles; or

  • c) there is evidence that:

    • (i) control measures against the international spread are unlikely to succeed because of the nature of the contamination, disease agent, vector or reservoir; or

    • (ii) the State Party lacks sufficient operational capacity to carry out necessary measures to prevent further spread of disease; or

  • d) the nature and scope of the international movement of travellers, baggage, cargo, containers, conveyances, goods or postal parcels that may be affected by the infection or contamination requires the immediate application of international control measures.

• 3. WHO shall consult with the State Party in whose territory the event is occurring as to its intent to make information available under this Article.

• 4. When information received by WHO under paragraph 2 of this Article is made available to States Parties in accordance with these Regulations, WHO may also make it available to the public if other information about the same event has already become publicly available and there is a need for the dissemination of authoritative and independent information.

Article 12 Determination of a public health emergency of international concern, including a pandemic emergency

• 1. The Director-General shall determine, on the basis of the information received, in particular from the State(s) Party(ies) within whose territory(ies) an event is occurring, whether an event constitutes a public health emergency of international concern, including, when appropriate, a pandemic emergency, in accordance with the criteria and the procedure set out in these Regulations.

• 4. In determining whether an event constitutes a public health emergency of international concern, including, when appropriate, a pandemic emergency, the Director-General shall consider:

  • a) information provided by the State(s) Party(ies);

  • b) the decision instrument contained in Annex 2;

  • c) the advice of the Emergency Committee;

  • d) scientific principles as well as the available scientific evidence and other relevant information; and

  • e) an assessment of the risk to human health, of the risk of international spread of disease and of the risk of interference with international traffic.

Article 13 Public health response, including equitable access to relevant health products

• 5. When requested by WHO, States Parties should provide, to the extent possible, support to WHO-coordinated response activities.

• 6. When requested, WHO shall provide appropriate guidance and assistance to other States Parties affected or threatened by the public health emergency of international concern, including a pandemic emergency.

• 7. WHO shall support States Parties, upon their request or following acceptance of an offer from WHO, and coordinate international response activities during public health emergencies of international concern, including pandemic emergencies, after their determination pursuant to Article 12 of these Regulations.

• 8. WHO shall facilitate, and work to remove barriers to, timely and equitable access by States Parties to relevant health products after the determination of and during a public health emergency of international concern, including a pandemic emergency, based on public health risks and needs. To that effect, the Director-General shall:

  

• 9. Pursuant to paragraph 5 of this Article and paragraph 1 of Article 44 of these Regulations, and upon request of other States Parties or WHO, States Parties shall undertake, subject to applicable law and available resources, to collaborate with, and assist each other and to support WHO-coordinated response activities, including through:

  • a) supporting WHO in implementing actions outlined in this Article;

  • b) engaging with and encouraging relevant stakeholders operating in their respective jurisdictions to facilitate equitable access to relevant health products for responding to a public health emergency of international concern, including a pandemic emergency; and

  • c) making available, as appropriate, relevant terms of their research and development agreements for relevant health products related to promoting equitable access to such products during a public health emergency of international concern, including a pandemic emergency.

PART III RECOMMENDATIONS

Article 15 Temporary recommendations

• 1. If it has been determined in accordance with Article 12 that a public health emergency of international concern, including a pandemic emergency, is occurring, the Director-General shall issue temporary recommendations in accordance with the procedure set out in Article 49. Such temporary recommendations may be modified or extended as appropriate, including after it has been determined that a public health emergency of international concern, including a pandemic emergency, has ended, at which time other temporary recommendations may be issued as necessary for the purpose of preventing or promptly detecting its recurrence.

• 2. Temporary recommendations may include health measures to be implemented by the State(s) Party(ies) experiencing the public health emergency of international concern, including a pandemic emergency, or by other States Parties, regarding persons, baggage, cargo, containers, conveyances, goods, including relevant health products, and/or postal parcels to prevent or reduce the international spread of disease and avoid unnecessary interference with international traffic.

• 3. Temporary recommendations may be terminated in accordance with the procedure set out in Article 49 at any time and shall automatically expire three months after their issuance. They may be modified or extended for additional periods of up to three months. Temporary recommendations may not continue beyond the second World Health Assembly after the determination of the public health emergency of international concern, including a pandemic emergency, to which they relate.

Article 16 Standing recommendations

• 1. WHO may make standing recommendations of appropriate health measures in accordance with Article 53 for routine or periodic application. Such measures may be applied by States Parties regarding persons, baggage, cargo, containers, conveyances, goods, including relevant health products, and/or postal parcels for specific, ongoing public health risks in order to prevent or reduce the international spread of disease and avoid unnecessary interference with international traffic. WHO may, in accordance with Article 53, modify or terminate such recommendations, as appropriate.

• 2. The Director-General, when communicating to States Parties the issuance, modification or extension of standing recommendations, should provide available information on any WHO-coordinated mechanism(s) concerning access to, and allocation of, relevant health products as well as on any other allocation and distribution mechanisms and networks.

Article 17 Criteria for recommendations

When issuing, modifying or terminating temporary or standing recommendations, the Director-General shall consider:

• a) the views of the States Parties directly concerned;

• b) the advice of the Emergency Committee or the Review Committee, as the case may be;

• c) scientific principles as well as available scientific evidence and information;

• d) health measures that, on the basis of a risk assessment appropriate to the circumstances, are not more restrictive of international traffic and trade and are not more intrusive to persons than reasonably available alternatives that would achieve the appropriate level of health protection;

• (d bis) availability of, and accessibility to relevant health products;

• e) relevant international standards and instruments;

• f) activities undertaken by other relevant intergovernmental organizations and international bodies; and

• g) other appropriate and specific information relevant to the event.

With respect to temporary recommendations, the consideration by the Director-General of subparagraphs (e) and (f) of this Article may be subject to limitations imposed by urgent circumstances.

Article 18 Recommendations with respect to persons, baggage, cargo, containers, conveyances, goods and postal parcels

• 1. Recommendations issued by WHO to States Parties with respect to persons may include the following advice:

  

• 2. Recommendations issued by WHO to States Parties with respect to baggage, cargo, containers, conveyances, goods and postal parcels may include the following advice:

  

• 3. Recommendations issued by WHO to State Parties shall, as appropriate, take into account the need to:

  • a) facilitate international travel, particularly of health and care workers and persons in life-threatening or humanitarian situations. This provision is without prejudice to Article 23 of these Regulations; and

  • b) maintain international supply chains, including for relevant health products and food supplies.

PART IV POINTS OF ENTRY

Article 19 General obligations

Each State Party shall, in addition to the other obligations provided for under these Regulations:

• a) ensure that the core capacities set forth in Part B of Annex 1 for designated points of entry are developed within the time_frame provided in paragraph 1 of Article 5 and paragraph 1 of Article 13;

• b) identify the competent authorities at each designated point of entry in its territory; and

• c) furnish to WHO, as far as practicable, when requested in response to a specific potential public health risk, relevant data concerning sources of infection or contamination, including vectors and reservoirs, at its points of entry, which could result in international disease spread.

Article 20 Airports and ports

• 1. States Parties shall designate the airports and ports that shall develop the core capacities provided in Part B of Annex 1.

• 2. States Parties shall ensure that Ship Sanitation Control Exemption Certificates and Ship Sanitation Control Certificates are issued in accordance with the requirements in Article 39 and the model provided in Annex 3.

• 3. Each State Party shall send to WHO a list of ports authorized to offer:

  • a) the issuance of Ship Sanitation Control Certificates and the provision of the services referred to in Annexes 1 and 3; or

  • b) the issuance of Ship Sanitation Control Exemption Certificates only; and

  • c) extension of the Ship Sanitation Control Exemption Certificate for a period of one month until the arrival of the ship in the port at which the Certificate may be received.

  Each State Party shall inform WHO of any changes which may occur to the status of the listed ports. WHO shall publish the information received under this paragraph.

• 4. WHO may, at the request of the State Party concerned, arrange to certify, after an appropriate investigation, that an airport or port in its territory meets the requirements referred to in paragraphs 1 and 3 of this Article. These certifications may be subject to periodic review by WHO, in consultation with the State Party.

• 5. WHO, in collaboration with competent intergovernmental organizations and international bodies, shall develop and publish the certification guidelines for airports and ports under this Article. WHO shall also publish a list of certified airports and ports.

Article 21 Ground crossings

• 1. Where justified for public health reasons, a State Party may designate ground crossings that shall develop the core capacities provided in Part B of Annex 1, taking into consideration:

  • a) the volume and frequency of the various types of international traffic, as compared to other points of entry, at a State Party’s ground crossings which might be designated; and

  • b) the public health risks existing in areas in which the international traffic originates, or through which it passes, prior to arrival at a particular ground crossing.

• 2. States Parties sharing common borders should consider:

  • a) entering into bilateral or multilateral agreements or arrangements concerning prevention or control of international transmission of disease at ground crossings in accordance with Article 57; and

  • b) joint designation of adjacent ground crossings for the core capacities in Part B of Annex 1 in accordance with paragraph 1 of this Article.

PART V PUBLIC HEALTH MEASURES

CHAPTER I GENERAL PROVISIONS

Article 23 Health measures on arrival and departure

• 1. Subject to applicable international agreements and relevant articles of these Regulations, a State Party may require for public health purposes, on arrival or departure:

  • a) with regard to travellers:

    • (i) information concerning the traveller’s destination so that the traveller may be contacted;

    • (ii) information concerning the traveller’s itinerary to ascertain if there was any travel in or near an affected area or other possible contacts with infection or contamination prior to arrival, as well as review of the traveller’s health documents if they are required under these Regulations; and/or

    • (iii) a non-invasive medical examination which is the least intrusive examination that would achieve the public health objective; and

  • b) inspection of baggage, cargo, containers, conveyances, goods, postal parcels and human remains.

• 2. On the basis of evidence of a public health risk obtained through the measures provided in paragraph 1 of this Article, or through other means, States Parties may apply additional health measures, in accordance with these Regulations, in particular, with regard to a suspect or affected traveller, on a case-by-case basis, the least intrusive and invasive medical examination that would achieve the public health objective of preventing the international spread of disease.

• 3. No medical examination, vaccination, prophylaxis or health measure under these Regulations shall be carried out on travellers without their prior express informed consent or that of their parents or guardians, except as provided in paragraph 2 of Article 31, and in accordance with the law and international obligations of the State Party.

• 4. Travellers to be vaccinated or offered prophylaxis pursuant to these Regulations, or their parents or guardians, shall be informed of any risk associated with vaccination or with non-vaccination and with the use or non-use of prophylaxis, in accordance with the law and international obligations of the State Party. States Parties shall inform medical practitioners of these requirements in accordance with the law of the State Party.

• 5. Any medical examination, medical procedure, vaccination or other prophylaxis which involves a risk of disease transmission shall only be performed on, or administered to, a traveller in accordance with established national or international safety guidelines and standards so as to minimize such a risk.

CHAPTER II SPECIAL PROVISIONS FOR CONVEYANCES AND CONVEYANCE OPERATORS

Article 24 Conveyance operators

• 1. States Parties shall take all practicable measures consistent with these Regulations to ensure that conveyance operators:

  • a) comply with the health measures recommended by WHO and adopted by the State Party, including for application on board as well as during embarkation and disembarkation;

  • b) inform travellers of the health measures recommended by WHO and adopted by the State Party , including for application on board as well as during embarkation and disembarkation; and

  • c) permanently keep conveyances for which they are responsible free of sources of infection or contamination, including vectors and reservoirs. The application of measures to control sources of infection or contamination may be required if evidence is found.

• 2. Specific provisions pertaining to conveyances and conveyance operators under this Article are provided in Annex 4. Specific measures applicable to conveyances and conveyance operators with regard to vector-borne diseases are provided in Annex 5.

Article 25 Ships and aircraft in transit

Subject to Articles 27 and 43 or unless authorized by applicable international agreements, no health measure shall be applied by a State Party to:

• a) a ship not coming from an affected area which passes through a maritime canal or waterway in the territory of that State Party on its way to a port in the territory of another State. Any such ship shall be permitted to take on, under the supervision of the competent authority, fuel, water, food and supplies;

• b) a ship which passes through waters within its jurisdiction without calling at a port or on the coast; and

• c) an aircraft in transit at an airport within its jurisdiction, except that the aircraft may be restricted to a particular area of the airport, with no embarking and disembarking or loading and discharging. However, any such aircraft shall be permitted to take on, under the supervision of the competent authority, fuel, water, food and supplies.

Article 27 Affected conveyances

• 1. If clinical signs or symptoms and information based on fact or evidence of a public health risk, including sources of infection and contamination, are found on board a conveyance, the competent authority shall consider the conveyance as affected and may:

  • a) disinfect, decontaminate, disinsect or derat the conveyance, as appropriate, or cause these measures to be carried out under its supervision; and

  • b) decide in each case the technique employed to secure an adequate level of control of the public health risk as provided in these Regulations. Where there are methods or materials advised by WHO for these procedures, these should be employed, unless the competent authority determines that other methods are as safe and reliable.

    The competent authority may implement additional health measures, including isolation and quarantine of the conveyances, as necessary, to prevent the spread of disease. Such additional measures should be reported to the National IHR Focal Point.

• 2. If the competent authority for the point of entry is not able to carry out the control measures required under this Article, the affected conveyance may nevertheless be allowed to depart, subject to the following conditions:

  • a) the competent authority shall, at the time of departure, inform the competent authority for the next known point of entry of the type of information referred to under subparagraph (b); and

  • b) in the case of a ship, the evidence found and the control measures required shall be noted in the Ship Sanitation Control Certificate.

    Any such conveyance shall be permitted to take on, under the supervision of the competent authority, fuel, water, food and supplies.

• 3. A conveyance that has been considered as affected shall cease to be regarded as such when the competent authority is satisfied that:

  • a) the measures provided in paragraph 1 of this Article have been effectively carried out; and

  • b) there are no conditions on board that could constitute a public health risk.

Article 28 Ships and aircraft at points of entry

• 1. Subject to Article 43 or as provided in applicable international agreements, a ship or an aircraft shall not be prevented for public health reasons from calling at any point of entry. However, if the point of entry is not equipped for applying health measures under these Regulations, the ship or aircraft may be ordered to proceed at its own risk to the nearest suitable point of entry available to it, unless the ship or aircraft has an operational problem which would make this diversion unsafe.

• 2. Subject to Article 43 or as provided in applicable international agreements, ships or aircraft shall not be refused free pratique by States Parties for public health reasons; in particular, they shall not be prevented from embarking or disembarking, discharging or loading cargo or stores, or taking on fuel, water, food and supplies. States Parties may subject the granting of free pratique to inspection and, if a source of infection or contamination is found on board, the carrying out of necessary disinfection, decontamination, disinsection or deratting, or other measures necessary to prevent the spread of the infection or contamination.

• 4. Officers in command of ships or pilots in command of aircraft, or their agents, shall make known to the port or airport control, as early as possible before arrival at the port or airport of destination, any cases of illness indicative of a disease of an infectious nature or evidence of a public health risk on board, as soon as such illnesses or public health risks are made known to the officer or pilot. This information must be immediately relayed to the competent authority for the port or airport. In urgent circumstances, such information should be communicated directly by the officers or pilots to the relevant port or airport authority.

• 5. The following shall apply if a suspect or affected aircraft or ship, for reasons beyond the control of the pilot in command of the aircraft or the officer in command of the ship, lands elsewhere than at the airport at which the aircraft was due to land or berths elsewhere than at the port at which the ship was due to berth:

  • a) the pilot in command of the aircraft or the officer in command of the ship or other person in charge shall make every effort to communicate without delay with the nearest competent authority;

  • b) as soon as the competent authority has been informed of the landing, it may apply health measures recommended by WHO or other health measures provided in these Regulations;

  • c) unless required for emergency purposes or for communication with the competent authority, no traveller on board the aircraft or ship shall leave its vicinity and no cargo shall be removed from that vicinity, unless authorized by the competent authority; and

  • d) when all health measures required by the competent authority have been completed, the aircraft or ship may, so far as such health measures are concerned, proceed either to the airport or port at which it was due to land or berth, or, if for technical reasons it cannot do so, to a conveniently situated airport or port.

• 6. Notwithstanding the provisions contained in this Article, the officer in command of a ship or pilot in command of an aircraft may take such emergency measures as may be necessary for the health and safety of travellers on board. He or she shall inform the competent authority as early as possible concerning any measures taken pursuant to this paragraph.

PART VI HEALTH DOCUMENTS

Article 35 General rule

• 1. 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 residence, 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.

• 2. Health documents under these Regulations may be issued in non-digital format or digital format, subject to the obligations of any State Party regarding the format of such documents deriving from other international agreements.

• 3. Regardless of the format in which health documents under these Regulations have been issued, said health documents shall conform to the Annexes, referred to in Articles 36 to 39, as applicable, and their authenticity shall be ascertainable.

• 4. WHO, in consultation with States Parties, shall develop and update, as necessary, technical guidance, including specifications or standards related to the issuance and ascertainment of authenticity of health documents, both in digital format and non-digital format. Such specifications or standards shall be in accordance with Article 45 regarding treatment of personal data.

Article 37

PART VIII GENERAL PROVISIONS

Article 43 Additional health measures

• 1. 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 24 hours.

• 4. After assessing information provided pursuant to paragraphs 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 , either directly, or through the Director-General, who may also facilitate consultations between the States Parties concerned. 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. Unless otherwise agreed with the State Parties involved in the consultation, information shared during the consultation must be kept confidential.

• 8. The provisions of this Article may apply to implementation of measures concerning travellers taking part in mass congregations.

Article 44

Article 44 bis Coordinating Financial Mechanism

• 1. A Coordinating Financial Mechanism (hereinafter “the Mechanism”) is hereby established to:

  • a) promote the provision of timely, predictable, and sustainable financing for the implementation of these Regulations in order to develop, strengthen, and maintain core capacities as set out in Annex 1 of these Regulations, including those relevant for pandemic emergencies;

  • b) seek to maximize the availability of financing for the implementation needs and priorities of States Parties, in particular of developing countries; and

  • c) work to mobilize new and additional financial resources, and increase the efficient utilization of existing financing instruments, relevant to the effective implementation of these Regulations.

• 2. In support of the objectives set out in paragraph 1 of this Article, the Mechanism shall, inter alia:

  • a) use or conduct relevant needs and funding gap analyses;

  • b) promote harmonization, coherence and coordination of existing financing instruments;

  • c) identify all sources of financing that are available for implementation support and make this information available to States Parties;

  • d) provide advice and support, upon request, to States Parties in identifying and applying for financial resources for strengthening core capacities, including those relevant for pandemic emergencies; and

  • e) leverage voluntary monetary contributions for organizations and other entities supporting States Parties to develop, strengthen and maintain their core capacities, including those relevant for pandemic emergencies.

• 3. The Mechanism shall function, in relation to the implementation of these Regulations, under the authority and guidance of the Health Assembly and be accountable to it.

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.

• • 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.

• 3. 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.

PART IX THE IHR ROSTER OF EXPERTS, THE EMERGENCY COMMITTEE AND THE REVIEW COMMITTEE

CHAPTER II THE EMERGENCY COMMITTEE

Article 48 Terms of reference and composition

• 1. The Director-General shall establish an Emergency Committee 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, including a pandemic emergency;

  • b) the termination of a public health emergency of international concern, including a pandemic emergency; and

  • c) the proposed issuance, modification, extension or termination of temporary recommendations.

• 1 bis. The Emergency Committee shall be considered an expert committee and shall be subject to the WHO Advisory Panel Regulations, unless otherwise provided for in this Article.

• 3. The Director-General may, on his or her own initiative or at the request of the Emergency Committee, appoint one or more technical experts to advise the Committee.

Article 49 Procedure

• 1. The Director-General shall convene meetings of the Emergency Committee 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 the Emergency Committee may include teleconferences, videoconferences or electronic communications.

• 2. The Director-General shall provide the Emergency Committee 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.

• 5. The views of the Emergency Committee 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 all States Parties the determination and the termination of a public health emergency of international concern, including a pandemic emergency, any health measure taken by the State(s) Party(ies) concerned, any temporary recommendations, including the supporting evidence, and the modification, extension and termination of such recommendations, together with the composition and views of the Emergency Committee. 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, including a pandemic emergency, and/or the temporary recommendations, and may make a presentation to that effect to the Emergency Committee.

CHAPTER III THE REVIEW COMMITTEE

Article 50 Terms of reference and composition

• 1. The Director-General shall establish a Review Committee, 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; and

  • 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.

• 4. The Director-General shall establish the number of members to be invited to a meeting of the Review Committee, determine its date and duration, and convene the Committee.

• 5. The Director-General shall appoint members to the Review Committee for the duration of the work of a session only.

• 6. The Director-General shall select the members of the Review Committee on the 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 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 the Review Committee. 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 the Review Committee by the Director-General or by States Parties through the Director-General;

• b) any State Party may submit relevant information for consideration by the Review Committee;

• 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 the Review Committee information in its possession concerning the subject of the proposed standing recommendation as specified by the Review Committee;

• d) the Director-General may, at the request of the Review Committee or on the Director-General’s own initiative, appoint one or more technical experts to advise the Review Committee. They shall not have the right to vote;

• e) any report containing the views and advice of the Review Committee regarding standing recommendations shall be forwarded to the Director-General for consideration and decision. The Director-General shall communicate the Review Committee’s 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 the Review Committee; and

• 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, including financing for their effective implementation. To that end it may request the advice of the Review Committee, 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 Annex 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.

Article 54 bis States Parties Committee for the Implementation of the International Health Regulations (2005)

• 1. The States Parties Committee for the Implementation of the International Health Regulations (2005) is hereby established to facilitate the effective implementation of these Regulations, in particular of Article 44 and 44 bis. The Committee shall be facilitative and consultative in nature only, and function in a non-adversarial, non-punitive, assistive and transparent manner, guided by the principles set out in Article 3. To this effect:

  • a) the Committee shall have the aim of promoting and supporting learning, exchange of best practices, and cooperation among States Parties for the effective implementation of these Regulations;

  • b) the Committee shall establish a Subcommittee to provide technical advice and report to the Committee.

• 2. The Committee shall be comprised of all States Parties and shall meet at least once every two years. Terms of reference for the Committee, including the way that the Committee conducts its business, and for the Subcommittee shall be adopted at the first meeting of the Committee by consensus.

• 3. The Committee shall have a Chair and a Vice-Chair, elected by the Committee from among its State Party members, who shall serve for two years and rotate on a regional basis.¹⁾

• 4. The Committee shall adopt, at its first meeting, by consensus, terms of reference for the Coordinating Financial Mechanism, established in Article 44 bis, and modalities for its operationalization and governance and may adopt necessary working arrangements with relevant international bodies, which may support its operation as appropriate.

Article 60 New Member States of WHO

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ANNEX 1

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ANNEX 2

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ANNEX 3

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ANNEX 4

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ANNEX 6

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ANNEX 7

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ANNEX 8

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G. INWERKINGTREDING

De wijzigingen van 1 juni 2024 van de artikelen van en bijlagen bij de Internationale Gezondheidsregeling (2005) zullen ingevolge artikel 22 van het Statuut junctis de artikelen 55, derde lid, en 59, eerste en tweede lid, van de Internationale Gezondheidsregeling (2005), voor de Partijen bij het Statuut die de wijzigingen van 28 mei 2022 van de Internationale Gezondheidsregeling (2005) (Trb. 2022, 135) hebben verworpen, waaronder het Koninkrijk der Nederlanden, op 19 september 2026 in werking treden, behalve voor de Partijen die uiterlijk op 19 maart 2026 de Directeur-Generaal van de Wereldgezondheidsorganisatie kennisgeven dat zij de wijzigingen verwerpen of ten aanzien ervan voorbehouden maken.

Uitgegeven de vierde november 2024.

De Minister van Buitenlandse Zaken, C.C.J. VELDKAMP

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1) De Arabische, de Chinese, de Franse, de Russische en de Spaanse tekst zijn niet opgenomen.

1) For the purposes of this provision, the Holy See and Liechtenstein shall be regarded as belonging to the European Region of WHO, it being understood that this arrangement is without prejudice to their status as States Parties to the International Health Regulations (2005) that are not Members of WHO.