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Decree Of 27 July 2009 Relating To The Obligations Of The Ports And Railway Stations Open To International Traffic And Maritime And Railway Companies, In The Context Of Pandemic Influenza A/h1N1 Virus And In Accordance With The Health Regulations...

Original Language Title: Arrêté du 27 juillet 2009 relatif aux obligations des ports et gares ferroviaires ouverts au trafic international et des compagnies maritimes et ferroviaires, dans le cadre de la pandémie de grippe A/H1N1 et en application du règlement sanitaire ...

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JORF n°0174 of 30 July 2009 page 12631
text No. 39



Decree of 27 July 2009 on the obligations of ports and railway stations open to international traffic and shipping and railway companies, within the framework of the influenza pandemic A/H1N1 and pursuant to the international health regulations (2005)

NOR: SASP0917891A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/7/27/SASP0917891A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations, and Minister of Health and Sports,
Having regard to the international health regulations (2005) adopted by the fifty-eighth World Health Assembly on 23 May 2005;
Given the public health code, includingarticle L. 3131-1 ;
Given the maritime port code, including its articles L. 101-1 et seq. and R. 101-1 et seq. ;
Vu le Decree No. 2007-1073 Publication of the International Health Regulations (2005) adopted by the fifty-eighth World Health Assembly on 23 May 2005;
Having regard to the order of 10 April 2007 setting out the list of ports referred to in Article R. 321-15 of the Code of Maritime Ports;
See?5 November 2008 denoting ports, airports and railway and road stations open to international traffic whose areas accessible to the public may give rise to the application of Article 78-2 of the Code of Criminal Procedure and Article 67 quater of the Customs Code;
Considering the national plan for prevention and control "Influenza Pandemia" No. 150 / SGDN / PSE / PPS of 20 February 2009 and its technical data sheets;
Considering the epidemiological point of the Health Watch Institute of 21 July 2009;
Considering the epidemiological situation in the world, and in particular the fact that, according to the World Health Organization, more than 139,800 people have been contaminated by a new influenza A/H1N1 virus and that more than 806 of them have died;
Considering that the World Health Organization has declared the implementation of phase 6 of the global influenza preparedness plan;
Considering that more than 483 people have been contaminated in France to date;
Considering the pathogenic and contagious nature of this new influenza A/H1N1 virus and its serious health threat;
Considering that the French Government has declared the implementation of phase 5A of the national plan for prevention and control "Influenza Pandemia";
Considering the need to take appropriate measures to monitor and protect the population against the serious health threat posed by the new influenza A/H1N1 virus;
Considering that the Director General of the World Health Organization has described this new influenza A/H1N1 virus as an "international public health emergency", in accordance with Article 12 of the International Health Regulations (2005);
Considering that, in accordance with the provisions of the International Health Regulations (2005), the ports and railway stations open to international traffic must be able to ensure the supervision and care of passengers in the event of an "international public health emergency";
Considering that the global epidemiological situation leads to the adaptation of the health surveillance system to the borders,
Stop:

Article 1 Learn more about this article...


The authorities invested in the port police power of the ports mentioned by the above-mentioned decree of 10 April 2007 and, for railway stations open to international traffic and mentioned by the decree of 5 November 2008 referred to above, the SNCF, designate a coordinator responsible for the exchange of information with the territorially competent prefect.
The coordinator shall transmit to the territorially competent prefect, at his request, the state of the marine connections concerning the international transport of passengers and the state of the railway links at departure or arrival.

Article 2 Learn more about this article...


Operators of terminals of the ports referred to in section 1 of this Order and the competent service of the SNCF in each station designated in section 1 shall arrange information to travellers on hygiene precautions to be respected in order to avoid contamination by the new influenza virus type A/H1N1 and related to the conduct to be held in the presence of symptoms characteristic of this new virus, on all supports they have.
These include clearly visible and, where appropriate, available to travellers, by all appropriate means, information materials transmitted by the health authorities.

Article 3 Learn more about this article...


The shipping companies and railway operators are organizing the dissemination, during the journey, of information messages transmitted by the health authorities on hygiene precautions to be followed in order to avoid contamination by the new influenza A/H1N1 virus and the conduct to be held in the presence of symptoms characteristic of this new virus, by all appropriate means.

Article 4 Learn more about this article...


Before entering the port, the master of the vessel shall transmit to the authorities of the port, at their request, the marine health declaration, according to the model provided by the International Health Regulation (2005). It also reports any suspicious cases to the Marine Medical Consultation Centre (MCC), which assesses the need to organize the patient's care with the referred medical service.
The authority vested in the Port Police immediately transmits to the health authorities any information relating to a suspicious case of the new influenza A/H1N1 virus.

Article 5 Learn more about this article...


The territorially competent prefect is empowered to take all necessary measures to implement articles 2, 3 and 4 of this Decree.

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The measures set out in this Order are lifted by a joint order of the Minister for Transport and the Minister for Health to terminate the Minister as soon as they are no longer justified.

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The Decree of 1 May 2009 on the obligations of the ports and railway stations open to international traffic and health control at the above-mentioned borders is repealed.

Article 8 Learn more about this article...


The Director General of Health, the Director General of Infrastructure, Transport and the Sea and the prefects of the Department are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, July 27, 2009.


Minister of Health and Sports,

For the Minister and by delegation:

The Director General of Health,

D. Houssin

Minister of State, Minister of Ecology,

of energy, sustainable development and the sea,

green technologies

and climate negotiations,

For the Minister and by delegation:

Director General

infrastructure,

Transport and the sea,

D. Bursaux


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