I ASSENT Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1950-07 Subsidiary 2014/115
Subsidiary Legislation made under s. 337.
PUBLIC HEALTH (INTERNATIONAL HEALTH)
RULES 2014
(LN. 2014/115)
Commencement 2.10.2014 LN. 2014/170
Amending
enactments
Relevant current
provisions
Commencement
date
_______________________
ARRANGEMENT OF RULES
Rule
1. Title and commencement.
2. Scope.
3. Interpretation.
4. Gibraltar Contact Point.
5. Transmission of information to the WHO.
6. Points of entry.
7. Responsibility of the Competent Authorities.
8. Conveyances and containers.
9. Public health risk measures.
10. Additional health measures.
11. Traveller health documents and charges.
12. Maritime Declaration of Health.
13. Aircraft General Declaration.
14. Penalties.
15. Ship Sanitation Certificates: form, period of validity, fees, extension
and retention.
16. Application for a Ship Sanitation Certificate.
17. Production of Ship Sanitation Certificate.
SCHEDULE 1
DECISION INSTRUMENT FOR ASSESSMENT AND NOTIFICATION
OF EVENTS
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1950-07 Subsidiary 2014/115 SCHEDULE 2
MODEL SHIP SANITATION CONTROL EXEMPTION CERTIFICATE
AND SHIP SANITATION CONTROL CERTIFICATE
SCHEDULE 3
EVIDENCE REPORT FORM
SCHEDULE 4
MODEL INTERNATIONAL CERTIFICATE OF VACCINATION OR
PROPHYLAXIS
SCHEDULE 5
MODEL MARITIME DECLARATION OF HEALTH
SCHEDULE 6
AIRCRAFT GENERAL DECLARATION ATTACHMENT
SCHEDULE 7
FEES CHARGED FOR SHIP SANITATION CERTIFICATES
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
In exercise of the powers conferred upon it by section 337 of the Public
Health Act, the Government has made the following Rules–
Title and commencement.
1. These Rules may be cited as the Public Health (International Health)
Rules 2014 and come into operation on the day appointed by the Minister
for Health by notice in the Gazette and different days may be appointed for
different purposes.
Scope.
2. The scope of these Rules is to–
(a) prevent, protect against, control and provide a 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;
(b) provide trained personnel available to board ships and identify
any significant public health risk, as well as to take control
measures, whenever these may be deemed necessary; and
(c) make provisions for Maritime Declarations of Health, Aircraft
General Declarations and Ship Sanitation Certificates.
Interpretation.
3. In these Rules–
“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 the WHO under the
International Health Regulations;
“airport” means the Gibraltar International Airport;
“baggage” means the personal effects of a traveller;
“British Gibraltar Territorial Waters” (“BGTW”) has the same meaning
as provided for in the Public Health Act;
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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“cargo” means goods carried on a conveyance or in a container;
“Competent Authorities” means the Gibraltar Port Authority, the Borders
& Coastguard Agency and the Environmental Agency;
“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.
“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;
“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;
“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;
“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 measures are taken to
control or kill infectious agents on a human or animal body, on a
surface or in baggage, cargo, containers, conveyances, goods and
postal parcels by direct exposure to chemical or physical agents;
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“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, whether expected, unexpected, usual or
unusual;
“Evidence Report Form” means the form set out in Schedule 3, used to
document evidence of public health risks found during an
inspection, and also the prescribed measures that need to be taken;
“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 utilisation on
board a conveyance;
“ground transport vehicle” means a motorised conveyance for overland
transport on an international voyage, including trains, coaches,
lorries and automobiles;
“Gibraltar Contact Point” means the Gibraltar Health Authority which
acts as the Gibraltar centre designated to receive any report and
information regarding anything related to the International Health
Regulations;
“health measure” means procedures applied to prevent the spread of
disease or contamination and does not include law enforcement or
security measures;
“International Health Regulations” means the International Health
Regulations issued by the WHO, as may be adopted from time to
time;
“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 Environmental Agency or
under its supervision, of areas, baggage, containers, conveyances,
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1950-07 Subsidiary 2014/115 facilities, goods or postal parcels, including relevant data and
documentation, to determine if a public health risk exists;
“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; and
(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 Rules, the following must be
considered to be non-invasive–
(a) medical examination of the ear, nose and mouth;
(b) temperature assessment using an ear, oral or cutaneous
thermometer, or thermal imaging;
(c) medical inspection;
(d) auscultation;
(e) external palpation;
(f) retinoscopy;
(g) external collection of urine, faeces or saliva samples;
(h) external measurement of blood pressure; and
(i) electrocardiography.
“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;
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 “medical examination” means the preliminary assessment of a person by
an authorised health worker or by a person under the direct
supervision of the Gibraltar Health 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;
“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” has the meaning given in the Port Act and includes the area within
BGTW commonly known as the Eastern Anchorage;
“postal parcel” means an addressed article or package carried
internationally by postal or courier services;
“prophylaxis” means treatment given or action taken to prevent disease;
“public health risk” is the likelihood of an event that may adversely
affect the health of the human population, with an emphasis on
something which may spread internationally or may present a
serious and direct danger in Gibraltar;
“recommendation” and “recommended” refer to temporary or standing
recommendations issued under these Rules;
“reservoir” means an animal, plant or substance in which an infectious
agent normally lives and whose presence may constitute a public
health risk;
“scientific evidence” means information furnishing a level of proof based
on current 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 vessel on an international voyage;
“Ship Sanitation Certificate” means a certificate that corroborates a
ship’s compliance with maritime sanitation and quarantine rules
specified in the International Health Regulations and must be
substantially in the form set out in Schedule 2;
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 “Ship Sanitation Control Certificate” means a certificate issued to a ship
when evidence of a public health risk, including sources of
infection and contamination, are detected on board and either those
control measures are taken successfully or detailed notes are
provided in an Evidence Report Form about the control measures
that need to be taken at the next suitable port;
“Ship Sanitation Control Exemption Certificate” means a certificate
issued to a ship, when no evidence of a public health risk is found
on board and the relevant Competent Authority is satisfied that the
ship is free of infection and contamination, including vectors and
reservoirs;
“surveillance” means the systematic ongoing collection, collation and
analysis of data for public health risk purposes and the timely
dissemination of public health risk information for assessment and
response as necessary;
“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;
“WHO” means the World Health Organisation, a specialised agency
within the terms of Article 57 of the Charter of the United Nations.
Gibraltar Contact Point.
4.(1) The Gibraltar Health Authority acts as the Gibraltar Contact Point
responsible for receiving reports and any information relating to the
International Health Regulations from the Competent Authorities.
(2) The Gibraltar Health Authority must exercise the following functions–
(a) to be accessible at all times for communication with the
Competent Authorities in particular to–
(i) determine rapidly the control measures required to
prevent domestic and international spread of disease;
(ii) provide support through specialized staff, laboratory
analysis of samples (domestically or through
collaborating centres) and logistical assistance (for
example; equipment, supplies and transport);
(iii) provide on-site assistance as required to supplement
local investigations;
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115
(iv) provide a direct operational link with senior health and
other officials to approve rapidly and implement
containment and control measures;
(v) provide direct liaison with other relevant government
ministries; and
(vi) provide the foregoing on a 24-hour basis;
(b) to undertake the task of onwards transmission of any urgent
communications concerning the implementation of the
International Health Regulations, in particular notifications of
public health risk information and any determination of a public
health risk;
(c) to disseminate and consolidate information to and from relevant
sectors of Gibraltar, responsible for surveillance and reporting;
(d) to analyse information provided by the Competent Authorities in
order to–
(i) detect events involving disease or death above expected
levels for Gibraltar;
(ii) report all available essential information immediately by
onwards transmission;
(iii) implement preliminary control measures as needed,
and decide what health measures should be initiated;
(e) to attend and investigate any potential event that is brought to its
attention;
(f) to provide, as far as practicable, support to any WHO-
coordinated response activities if requested to assist;
(g) to assess potential events in Gibraltar by using the decision
instrument issued by the International Health Regulations, as
may be published from time to time, and reproduced for
information purposes in Schedule 1; and
(h) to assess within 2 years of coming into operation of these Rules
whether the existing national structures and resources of
Gibraltar are up-to-date to meet the minimum standards of the
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 International Health Regulations, which may change from time
to time.
(3) The Gibraltar Health Authority may apply any standing
recommendations of appropriate health measures made by the WHO, with
regards to persons, baggage, cargo, containers, conveyances, goods and
postal parcels for specific and on-going public health risks in order to
prevent or reduce the international spread of disease and avoid unnecessary
interference with international traffic.
Transmission of information to the WHO.
5.(1) The Gibraltar Health Authority within 24 hours of assessment of any
public health information received from the Competent Authorities, of any
events which constitute a public health risk, must transmit information to
the WHO by the most appropriate means of communication available,
including providing information of any health measures implemented in
response to those events.
(2) The Gibraltar Health Authority must continue to provide timely,
accurate and sufficiently detailed public health risk information of the
notified event and if requested must verify and provide within 24 hours–
(a) an initial reply or acknowledgement to any request;
(b) available public health risk information on the status of events
referred to in the request; and
(c) information in the context of an assessment as per its
responsibilities to notify.
(3) The Gibraltar Health Authority must also provide information when in
receipt of evidence of a public health risk identified outside of Gibraltar,
which has come to its attention via cases of exports or imports regarding–
(a) humans cases;
(b) vectors which carry infection or contamination; or
(c) goods that are contaminated.
Points of entry.
6.(1) Responsibility for the surveillance and management of the points of
entry must be administered as follows–
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 (a) the Borders & Coastguard Agency is responsible for the
overland pedestrian or vehicular gates at the frontier between
Gibraltar and the Kingdom of Spain;
(b) the Borders & Coastguard Agency is responsible for the
Gibraltar airport; and
(c) The Gibraltar Port Authority is responsible for the Port.
(2) The Environmental Agency, Gibraltar Port Authority and Borders &
Coastguard Agency must ensure that they have the necessary resources to
conduct proper surveillance, reporting, notification, verification and
collaboration with the Gibraltar Health Authority.
Responsibility of the Competent Authorities.
7.(1) The Competent Authorities must notify the Gibraltar Health Authority
of any events which they believe may constitute a public health risk by
assessing the events using the decision instrument in Schedule 1.
(2) The Competent Authorities must inform the Gibraltar Health Authority
of any evidence of a public health risk identified outside Gibraltar, as
manifested by exported or imported–
(a) human cases;
(b) vectors which carry infection or contamination; or
(c) goods that are contaminated.
(3) The Competent Authorities must be responsible at their respective
points of entry for–
(a) the monitoring of baggage, cargo, containers, conveyances,
goods, postal parcels and human remains departing and arriving
from affected areas, so that they are maintained in such a
condition that they are free of sources of infection or
contamination, including vectors and reservoirs;
(b) ensuring, as far as practicable, that facilities used by travellers at
points of entry are maintained in a sanitary condition and are
kept free of sources of infection or contamination, including
vectors and reservoirs;
(c) supervising service providers for services concerning travellers,
baggage, cargo, containers, conveyances, goods, postal parcels
and human remains at points of entry, including informing the
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1950-07 Subsidiary 2014/115 Gibraltar Health Authority of the potential need to conduct
inspections and medical examinations as necessary; and
(d) communicating with the Gibraltar Health Authority on the
relevant public health measures taken.
(4) The Environmental Agency is responsible for–
(a) supervising any deratting, disinfection, disinsection or
decontamination of baggage, cargo, containers, conveyances,
goods, postal parcels and human remains or sanitary measures
for persons, as may be appropriate;
(b) advising conveyance operators, as far in advance as possible of
its intent to apply control measures to a conveyance, and must
provide, where available, written information concerning the
methods to be employed;
(c) supervising the removal and safe disposal of any contaminated
water or food, human or animal dejecta, wastewater and any
other contaminated matter from a conveyance;
(d) taking all practicable measures necessary to monitor and control
the discharge by ships of sewage, refuse, ballast water and other
potentially disease-causing matter which might contaminate
BGTW; and
(e) communicating with the Gibraltar Health Authority on the
relevant public health measures taken.
(5) Any disinsection, deratting, disinfection, decontamination and other
sanitary procedures must be carried out so as to avoid injury and as far as
possible discomfort to persons, or damage to the environment in a way
which could have a public health risk impact, or damage to baggage, cargo,
containers, conveyances, goods or postal parcels.
(6) The Gibraltar Port Authority and the Borders & Coastguard Agency
must respectively provide free pratique to any ship or aircraft, prior to its
arrival, based on information provided by the master of the ship or the pilot
of the aircraft, which convinces the relevant Competent Authority that the
arrival will not result in the introduction or spread of disease.
(7) If the master of the ship or pilot of the aircraft take any measures
relating to situations of public health risk on board the conveyance, they are
required to advise the relevant Competent Authority as soon as practicably
possible of such measures prior to arrival.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 (8) The Civil Contingency Coordinator must ensure that effective
contingency arrangements are in place to deal with any public health risk
that may arise.
Conveyances and containers.
8.(1) The Gibraltar Port Authority is responsible for ensuring that–
(a) containers and container loading areas are kept free from
sources of infection or contamination, including vectors and
reservoirs;
(b) containers and container loading areas are kept free from cross-
contamination when multiple-use loading of containers is
employed;
(c) facilities used in the process of inspection and isolation of
containers are available at container loading areas;
(d) any measures applied to are indicated in writing to the person in
charge of the conveyance, baggage, cargo, container or goods;
and
(e) conveyance operators–
(i) comply with the health measures adopted by the
Gibraltar Health Authority upon recommendations from
the WHO;
(ii) inform travellers of the health measures currently in
place for application on board; and
(iii) permanently keep conveyances for which they are
responsible free of sources of infection or contamination,
including vectors and reservoirs.
(2) If a conveyance is deemed to be infected or contaminated the
Environmental Agency may require the owner or agent of the conveyance
to–
(a) disinfect, decontaminate, disinsect or derat the conveyance as
required; or
(b) after consultation with the Gibraltar Health Authority decide on
the best techniques to implement in order to secure an adequate
level of control to prevent a public health risk.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 (3) A conveyance may be regarded as necessitating inspection for vectors
and reservoirs if–
(a) it has a possible case of vector-borne disease on board;
(b) a possible case of vector-borne disease has occurred on board
during an international voyage; or
(c) it has left an affected area within a period of time where on
board vectors could still carry disease.
(4) If a follow-up inspection is deemed necessary or the Competent
Authority for the relevant point of entry is not able to carry out the
necessary control measures, the affected conveyance may be allowed to
depart, subject to the following conditions–
(a) the relevant Competent Authority for the point of entry must, at
the time of departure, inform the relevant competent authority of
the next known port or airport of call; and
(b) in the case of a ship, the evidence found and the control
measures required must be noted in the Ship Sanitation
Certificate.
(5) An infected or contaminated conveyance must cease to be regarded as
such when the Environmental Agency is satisfied that–
(a) any measures taken have been effectively carried out; and
(b) there are no conditions on board that could constitute a public
health risk.
Public health risk measures.
9.(1) A traveller suspected or confirmed of being a carrier for any type of
illness or infection may continue on an international voyage if that traveller
is deemed by the Gibraltar Health Authority not to pose an imminent public
health risk to Gibraltar.
(2) The Gibraltar Health Authority may request information from
travellers, undertake non-invasive and invasive medical examinations as
needed and inspect any baggage, cargo, containers, conveyances, goods,
postal parcels and human remains as may be necessary in the interests of
public health risk.
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1950-07 Subsidiary 2014/115 (3) The Gibraltar Health Authority may request travellers to undergo non-
invasive and invasive medical examination, vaccination or other
prophylaxis or provide proof of vaccination as set out in Schedule 4–
(a) when necessary to determine whether a public health risk exists;
(b) as a condition of entry for any travellers seeking temporary or
permanent residence; or
(c) as an additional health measure if deemed necessary.
(4) If a traveller fails to consent to any measure under subregulation (3),
the Competent Authority at the relevant point of entry may deny entry to
that traveller.
(5) The Gibraltar Health Authority must provide a traveller with all
information relating to any risks associated with any medical measure to be
administered to that traveller.
(6) No medical examination (whether non-invasive or invasive),
vaccination, prophylaxis or health measure must be carried out without the
prior express consent of the traveller.
(7) If any of the medical procedures involves a risk of disease
transmission, they must be performed in accordance with established
Gibraltar or other applicable international law safety standards so as to
minimise such a risk.
(8) Unless authorised by the WHO or an applicable international
agreement, no health measure must be applied against a conveyance which
is not coming from an affected area and is merely travelling through
Gibraltar without any intention to load, discharge, embark or disembark in
Gibraltar.
Additional health measures.
10.(1) The Gibraltar Health Authority may implement additional health
measures in response to specific public health risks when deemed necessary
on a case-by-case basis, under relevant Gibraltar or other applicable
international law, providing that the measures–
(a) achieve the same or a greater level of health protection that the
WHO recommends;
(b) are not more restrictive of international traffic or more invasive
or intrusive to persons than reasonably available alternatives that
would achieve the appropriate level of health protection; and
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(c) are otherwise not prohibited by Gibraltar legislation or the
International Health Regulations.
(2) Any additional health measures to be implemented must be determined
based on current scientific principles, available scientific evidence of public
health risks and available guidance issued by the WHO.
(3) If additional health measures are implemented, the Gibraltar Health
Authority must–
(a) ensure that no later than 48 hours from the implementation of
those measures, any relevant information is transmitted to the
WHO by the most appropriate means of communication
available–
(i) explaining what those measures consist of; and
(ii) providing an explanation of health rationale for those
measures
(b) review the imposition of those health measures on a 3 months
basis, taking account of any advice issued by the WHO.
Traveller health documents and charges.
11.(1) A traveller who is administered a vaccine or prophylaxis to which
these Rules apply must be issued with a certificate that is substantially in
the form set out by the International Health Regulations, as reproduced in
Schedule 4.
(2) A traveller in possession of a certificate of vaccination or other
prophylaxis issued in conformity with the recommendations established by
the International Health Regulations, must not be denied entry as a
consequence of the disease to which the certificate refers, even if coming
from an affected area, unless the Gibraltar Health Authority has verifiable
indications or evidence that the vaccination or other prophylaxis was not
effective or unless advised otherwise by the Director of Public Health.
(3) Any measure of public health risk protection taken with regards to
travellers (except those seeking temporary or permanent residence) should
be free of charge to the traveller, irrespective of whether this includes;
medical examinations (whether non-invasive or invasive), vaccinations,
prophylaxis, quarantine, isolation or any other necessary health measure.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 (4) The Gibraltar Health Authority may charge for health measures which
go beyond the necessary expense, only if it publishes a set tariff for the
charge 10 days before it comes into operation.
(5) The Gibraltar Health Authority may seek any reimbursement for
expenses incurred on medical procedures from–
(a) conveyance operators or owners with regard to their employees;
or
(b) applicable insurance sources,
however, travellers and conveyance operators must not be denied departure
on account of pending payment for health measures.
Maritime Declaration of Health.
12.(1) The master of a ship, before arrival to the Port must ascertain the
state of health on board and 24 hours prior to arrival must complete and
deliver a Maritime Declaration of Health.
(2) A Maritime Declaration of Health must conform to the document set
out in Schedule 5.
(3) The Gibraltar Port Authority must inform conveyance operators or
their agents of these requirements.
Aircraft General Declaration.
13.(1) In the case of the conveyance being an aircraft, the Quarantine (Air
Traffic) Rules shall apply and the relevant Aircraft General Declaration
must comply with the provisions of the Quarantine (Air Traffic) Rules,
along with an attached statement that must conform with the document set
out in Schedule 6 of these Rules.
Penalties.
14.(1) A person who, when required by rules 12 or 13, fails to provide or
intentionally or recklessly provides information which is incorrect in any
material particular is liable on summary conviction, to imprisonment for 9
months or a fine at level 4 on the standard scale, or to both.
(2) If it is proven that the offence under subregulation (1) is committed by
a corporate body, the corporate body is liable to a fine at level 5 on the
standard scale.
(3) If it is proven that the offence under subregulation (2) is committed–
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(a) with the consent or connivance of an officer; or
(b) to be attributable to any neglect on the part of an officer,
the officer as well as the corporate body commits the offence and is
liable to be proceeded against and is liable on summary conviction, to
imprisonment for 12 months or a fine at level 5 on the standard scale, or
to both.
Ship Sanitation Certificates: form, period of validity, fees, extension
and retention.
15.(1) All ships travelling in BGTW are required to hold a valid Ship
Sanitation Certificate, Ship Sanitation Control Certificate or a Ship
Sanitation Control Exemption Certificate.
(2) The Environmental Agency is responsible for the administration of
Ship Sanitation Certificates for all ships in BGTW.
(3) A ship to which these Rules apply must be issued with a Ship
Sanitation Control Exemption Certificate or Ship Sanitation Control
Certificate which complies with the form set out by the International Health
Regulations, and reproduced for information purposes in Schedule 2.
(4) Any Ship Sanitation Certificate issued must be valid for 6 months
from the date of issue.
(5) An extension certificate of 1 month may be issued when the necessary
inspections cannot be carried out at the Port and there is no evidence of
danger of a public health risk.
(6) The Environmental Agency must retain a copy of any Ship Sanitation
Certificate issued by it for a period of 1 year beginning with the date of
issue.
(7) No fees will be charged for the inspection of vessels and the issue of
Ship Sanitation Certificates between the hours of 8:00am to 2:30pm from
the start of the second week of June to the end of the first week of
September, and 9:00am to 4:30pm for the rest of the calendar year (hereafter
collectively referred to as “standard working hours”).
(8) The fees set out in Schedule 7 will be charged for the inspection of
vessels and the issue of Ship Sanitation Certificates that fall outside the
standard working hours.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1950-07 Subsidiary 2014/115 (9) A pro-rated fee will be charged for any work that takes place partly
during standard working hours and partly outside standard working hours.
(10) Additional charges for microbiological/chemical water, legionella
and food sample analysis and for any exceptional costs such as launch hire,
may be charged at the discretion of the Environmental Agency.
Application for a Ship Sanitation Certificate.
16.(1) Upon 48 hours prior receipt of an application from the owner or
agent of a ship or from the master acting for or on behalf of the owner or
agent in regard to a request for the issuing of a certificate, the
Environmental Agency must as soon as reasonably practicable act as
follows–
(a) if the ship is within the Port, designate an officer of the
Environmental Agency (“Authorised Officer”) to–
(i) inspect the ship to prevent danger of a public health risk
or the spread of infection with a view to issuing a Ship
Sanitation Certificate; and
(ii) either–
(aa) carry out or cause to be carried out control measures
necessary for the control of danger of a public health
risk or the spread of infection with a view to issuing
a Ship Sanitation Certificate; or
(bb) take or cause to be taken any steps which are
considered necessary to satisfy that the ship does not
present a danger of a public health risk and is free of
infection;
(b) if the ship is in BGTW but not within the Port, the Gibraltar Port
Authority must direct the ship to proceed at the risk of the
master of the ship to the Port, with a view to undertaking an
inspection.
(2) After having inspected a ship under subregulation (1)(a), the
Authorised Officer must–
(a) if the ship is exempt from control measures, issue or cause to be
issued a Ship Sanitation Control Exemption Certificate
(provided there has been compliance with subregulation (3)); or
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1950-07 Subsidiary 2014/115 (b) if control measures have been completed to satisfaction, issue or
cause to be issued a Ship Sanitation Control Certificate and note
or cause to be noted the evidence found and the control
measures taken together with the Evidence Reporting Form; or
(c) if control measures have not been completed to satisfaction,
issue or caused to be issued a Ship Sanitation Control Certificate
together with an Evidence Report Form, noting the evidence
found and the control measures to be undertaken.
(3) The Authorised Officer must wherever possible issue or cause to be
issued a Ship Sanitation Certificate only if the inspection of the ship was
carried out when the ship and holds–
(a) were empty; or
(b) contained only ballast or other material of such a nature or so
disposed as to make a thorough inspection of the holds possible.
Production of Ship Sanitation Certificate.
17.(1) The Gibraltar Port Authority may request a Ship Sanitation
Certificate from any ship travelling within BGTW when there is reason to
believe that a public health risk may exist.
(2) If the master of a ship which during its voyage has been in a foreign
port cannot produce to the Authorised Officer a valid Ship Sanitation
Certificate 48 hours prior to its arrival, the Environmental Agency must as
soon as reasonably practicable undertake the following–
(a) if the ship is within the Port, the Authorised Officer may inspect
the ship for evidence of danger of a public health risk or
infection with a view to issuing a Ship Sanitation Certificate; or
(b) if the ship is in BGTW but not within the Port, the Gibraltar Port
Authority must direct the ship to proceed at the risk of the
master of the ship to the Port, with a view to undertaking an
inspection.
(3) The Authorised Officer must issue or cause to be issued a Ship
Sanitation Control Exemption Certificate if, after having inspected a ship
under subregulation (1)(a), the Authorised Officer is satisfied that the ship is
exempt from control measures (provided there has been compliance with
regulation 16(3)).
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1950-07 Subsidiary 2014/115 (4) If, after a ship has been inspected the Authorised Officer is not
satisfied that the ship is exempt from control measures, the Authorised
Officer must–
(a) carry out control measures necessary for the control of danger of
a public health risk; or
(b) otherwise take or cause to be taken any steps which he considers
necessary to satisfy himself that the ship does not present a
danger of a public health risk and is free of infection;
(5) A Ship Sanitation Certificate does not guarantee that the ship will
remain in a sanitary condition after issue and may be reviewed or revoked
should there be any change in relevant conditions on board the ship.
(6) The master of a ship must immediately make arrangements to carry
out any control measures required by the Authorised Officer.
(7) When control measures have been completed to satisfaction, the
Authorised Officer must–
(a) issue or cause to be issued a Ship Sanitation Control Certificate;
and
(b) note or cause to be noted on the Ship Sanitation Control
Certificate the evidence found and the control measures taken,
together with the Evidence Reporting Form.
(8) If the conditions under which control measures are carried out are such
that, in the opinion of the Environmental Agency a satisfactory result could
not be obtained, the Environmental Agency must issue or caused to be
issued a Ship Sanitation Control Exemption Certificate together with an
Evidence Report Form, noting the evidence found and the control measures
to be undertaken.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115
SCHEDULE 1
DECISION INSTRUMENT FOR THE ASSESSMENT AND NOTIFICATION OF EVENTS THAT MAY CONSTITUTE A
PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN
Events detected by national surveillance system
A case of the following
diseases is unusual or
unexpected and may have
serious public health
impact, and thus shall be
notified:
- Smallpox;
- Poliomyelitis due to wild-
type poliovirus;
- Human influenza caused
by a new subtype;
- Severe acute respiratory
syndrome (SARS).
Any event of potential
international public health concern, including
those of unknown causes
or sources and those
involving other events or
diseases than those listed
in the box on the left and
the box on the right shall
lead to utilization of the
algorithm.
An event involving the following
diseases shall always lead to
utilization of the algorithm, because
they have demonstrated the ability to
cause serious public health impact
and to spread rapidly internationally :
-Cholera;
-Pneumonic plague;
-Yellow fever;
-Viral haemorrhagic fever (Ebola,
Lassa, Marburg);
-West Nile fever;
-Other diseases that are of special national or regional concern, e.g.
dengue fever, Rift Valley fever, and
meningococcal disease.
or or
Is the public health impact of the event serious?
Is the event unusual or unexpected?
Is the event unusual or unexpected?
Is there a significant risk of
international spread?
Is there a significant risk of
international spread?
Is there a significant risk of international spread? Not notified at this
stage. Reassess when
more information
becomes available.
Event must be notified
No
Yes
Yes
Yes No
No Yes No
No No
Yes
Yes
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SCHEDULE 2
Model Ship Sanitation Control Exemption Certificate/Ship Sanitation
Control Certificate
Model Ship Sanitation Control Exemption Certificate
Issued at port of………..….…….... Date………… Name of ship……………………… Flag…………………
Registration/IMO No……………...
At the time of inspection the holds were unladen/laden with…..tonnes of………………cargo.
Name and address of inspecting officer……………………………………….
Areas, (systems and services) inspected
Evidence found1 Sample results2 Documents reviewed
Galley Medical log
Pantry Ship’s log
Stores Other
Hold(s)/cargo
Quarters:
- crew
- officers
- passengers
- deck
Potable water
Sewage
Ballast tanks
Solid and medical waste
Standing water
1 Provide evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that
could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures (Information concerning
any human cases should be included in the Maritime Declaration of Health).
2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re-inspection is required, to the next
appropriate port of call coinciding with the re-inspection date specified in this certificate.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 Engine room
Medical facilities
Other areas specified – see attached
Note areas not applicable,
by marking N/A
No evidence found. Ship is exempted from control measures.
Name and designation of issuing officer…………………………………………
signature and seal ………………………………………………………………..
Date…………………………………
Model Ship Sanitation Control Certificate
Control measures applied Re-inspection date Comments regarding conditions found
Control measures indicated were applied on the date below.
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Name and designation of issuing officer…………………………………………
Signature and seal………………………………………………………………..
Date………………
Attachment to model Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate Areas/facilities/systems
inspected
Evidence
found
Sample
results
Documents
reviewed
Control
measures
applied
Re-
inspection
date
Comments
regarding
conditions
found
Food
- Source
- Storage
- Preparation
- Service
Water
- Source
- Storage
- Distribution
Waste
- Holding
- Treatment
- Disposal
Swimming pools/spas
- Equipment
- Operation
Medical facilities
- Equipment and
medical devices
- Operation
- Medicines
Other areas inspected
Indicate when the areas listed are not applicable by marking N/A.
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1950-07 Subsidiary 2014/115
SCHEDULE 3
Evidence Report Form
Evidence Report Form This form supports the Ship Sanitation Certificate (SSC), and provides a list of evidence found and control
measures to be performed.
When attached to the SSC, each page of this attachment needs to be signed, stamped and dated by the competent
authority. If this document is used as an attachment to a pre-existing SSC, this attachment must be noted in the
SSC (e.g. by using a stamp).
Ship’s name and IMO no. or registration: Name and signature of responsible on board ship officer:
Name of issuing authority: Actual inspection date (dd/mm/yyyy):
Date of referred SSC (dd/mm/yyyy): SSC issued in the port of:
Indicate areas that have not been inspected:
Quarters Galley, pantry, service area
Stores Child-care facilities
Medical care facilities Swimming pools/spas Solid and medical waste Engine room
Potable water Sewage Ballast water Cargo holds
Other (e.g. laundry and washing machine)
Detected health events on board Yes No
Evidence
code
Evidence found
(brief description according to the
WHO checklist;
draw a line under each item of
evidence to ensure items are clearly
separated)
Measure to be
applied
Required Recommended Measure
successfully performed (stamp
and signature of re-
inspecting authority)
Name of issuing
inspector:
Signature of issuing
inspector:
Stamp of issuing authority:
Page ___ of ___
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SCHEDULE 4
MODEL INTERNATIONAL CERTIFICATE OF VACCINATION OR PROPHYLAXIS
This is to certify that [name] ............................................................................,
date of birth………………. sex…….. nationality……..……………,
national identification document, if applicable ................................................
whose signature follows ……………………………………...........................
has on the date indicated been vaccinated or received prophylaxis against:
(name of disease or condition)
………………………………………………………………………………..
in accordance with the International Health Regulations.
Vaccine or
prophylaxis
Date Signature and
professional status
of supervising clinician
Manufacturer
and batch
No. of vaccine or
prophylaxis
Certificate
valid from
_____ until_______
Official
stamp of
administering centre
1. 2.
This certificate is valid only if the vaccine or prophylaxis used has been approved by the
World Health Organization.
This certificate must be signed in the hand of the clinician, who shall be a medical
practitioner or other authorized health worker, supervising the administration of the vaccine
or prophylaxis. The certificate must also bear the official stamp of the administering centre;
however, this shall not be an accepted substitute for the signature.
Any amendment of this certificate, or erasure, or failure to complete any part of it, may
render it invalid.
The validity of this certificate shall extend until the date indicated for the particular
vaccination or prophylaxis. The certificate shall be fully completed in English or in French.
The certificate may also be completed in another language on the same document, in
addition to either English or French.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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SCHEDULE 5
Model of Maritime Declaration of Health
To be completed and submitted to the competent authorities by the masters of ships arriving from foreign ports.
Submitted at the port of………………………… Date………………….…
Name of ship……………………… Registration/IMO No………….
Arriving from …………….… Sailing to ...................................
(Nationality)(Flag of ship)………………. Master’s name……………..
Gross tonnage (ship) ……..………..
Valid Sanitation Control Exemption/Control Certificate carried on board?
Yes….. No…. Issued at………………….. date………………….
Re-inspection required? Yes ……. No …….
Has ship visited an affected area identified by the World Health Organization? Yes… No… Port and date
of visit………………
……………………………………………………………………………
List ports of call from commencement of voyage with dates of departure, or within past thirty days, whichever is
shorter:
………………………………………………………………………………
………………………………………………………………………………
Upon request of the competent authority at the port of arrival, list crew members, passengers or other persons who
have joined ship since international voyage began or within past thirty days, whichever is shorter, including all ports/countries visited in this period (add additional names to the attached schedule):
(1) Name………………………………...
Joined from: (1)……………… (2)……………… (3)…………………
(2) Name………………………………...
Joined from: (1)……………… (2)……………… (3)…………………
Number of crew members on board …………
Number of passengers on board ……………..
Health questions
(1) Has any person died on board during the voyage otherwise than as a result of accident? Yes…… No……..
If yes, state particulars in attached schedule.
Total number of deaths…….
(2) Is there on board or has there been during the international voyage any case of disease which you suspect to be
of an infectious nature? Yes........ No…..... If yes, state particulars in attached schedule.
(3) Has the number of ill passengers during the voyage been greater than normal/expected? Yes .....No...... How many ill persons? ..........
(4) Is there any ill person on board now? Yes ........ No …..... If yes, state particulars in attached schedule.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115 (5) Was a medical practitioner consulted? Yes ....... No ….....
If yes, state particulars of medical treatment or advice provided in attached schedule.
(6) Are you aware of any condition on board which may lead to infection or spread of disease? Yes...... No…….
If yes, state particulars in attached schedule.
(7) Has any sanitary measure (e.g. quarantine, isolation, disinfection or decontamination) been applied on board?
Yes ....... No …...
If yes, specify type, place and date……………………………………………
(8) Have any stowaways been found on board? Yes ..... No…... If yes, where did they join the ship (if known)? ...............................................
(9) Is there a sick animal or pet on board? Yes ......... No ........
Note: In the absence of a surgeon, the master should regard the following symptoms as grounds for suspecting the
existence of a disease of an infectious nature:
(a) fever persisting for several days or accompanied by: prostration; decreased consciousness; glandular swelling;
jaundice; cough or shortness of breath; unusual bleeding; or paralysis.
(b) with or without fever: any acute skin rash or eruption; severe vomiting (other than sea sickness); severe diarrhoea; or recurrent convulsions.
I hereby declare that the particulars and answers to the questions given in this Declaration of Health (including the schedule) are true and correct to the best of my knowledge and belief.
Signed………………………….. Countersigned………………………..
Master Ship’s surgeon (if carried)
Date……………………………. Date……………………………………
ATTACHMENT TO MODEL OF MARITIME DECLARATION OF HEALTH
Name
Class or rating
Age
Sex
Nationality
Port and date joined ship
Nature of illness
Date of onset of symptoms
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1950-07 Subsidiary 2014/115 Reported to a port medical officer?
Disposal of case 3
Drugs, medicines or other treatment given
to patient
Comments
3 State: (1) whether the person recovered, is still ill or died; and (2) whether the person is still on board, was evacuated (including the name of the port or airport), or was buried at sea.
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SCHEDULE 6
THIS DOCUMENT IS PART OF THE AIRCRAFT GENERAL
DECLARATION, PROMULGATED BY THE INTERNATIONAL CIVIL
AVIATION ORGANIZATION HEALTH PART OF THE AIRCRAFT
GENERAL DECLARATION 4
Declaration of Health
Name and seat number or function of persons on board with illnesses other
than airsickness or the effects of accidents, who may be suffering from a
communicable disease (a fever – temperature 38°C/100 °F or greater -
associated with one or more of the following signs or symptoms, e.g.
appearing obviously unwell; persistent coughing; impaired breathing;
persistent diarrhoea; persistent vomiting; skin rash; bruising or bleeding
without previous injury; or confusion of recent onset, increases the
likelihood that the person is suffering a communicable disease) as well as
such cases of illness disembarked during a previous stop
…………………..............................................................................................
.
..........................................................................................................................
.
Details of each disinsecting or sanitary treatment (place, date, time, method)
during the flight. If no disinsecting has been carried out during the flight,
give details of most recent disinsecting
……………………………………………………………………………….
………………………………………………………………………………..
Signature, if required, with time and date _________________________
Crew member concerned
4 This version of the Aircraft General Declaration entered into force on 15 July 2007. The full document may be
obtained from the website of the International Civil Aviation Organization at http://www.icao.int.
Public Health PUBLIC HEALTH (INTERNATIONAL HEALTH) RULES 2014
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1950-07 Subsidiary 2014/115
SCHEDULE 7
Fees charged for Ship Sanitation Certificates
Fee
Extension of current valid ship sanitation
certificate
£ 50.00
Gross tonnage (tonnes) up to 1,000 £ 77.00
Gross tonnage (tonnes) 1,000 to 3,000 £ 119.00
Gross tonnage (tonnes) 3,000 to 10,000 £ 178.00
Gross tonnage (tonnes) 10,000 to 20,000 £ 237.00
Gross tonnage (tonnes) 20,000 to 30,000 £ 271.00
Gross tonnage (tonnes) over 30,000 £ 355.00
Vessel with a capacity of 50 to 1000 persons £355.00
Vessel with a capacity of over 1000 persons £592.00
