PUBLIC HEALTH (SHIPS) REGULATIONS (ships)

PUBLIC HEALTH (SHIPS)

SUBSIDIARY LEGISLATION 465.10

PUBLIC HEALTH (SHIPS) REGULATIONS

5th December, 2008

LEGAL NOTICE 329 of 2008, as amended by Act XIII of 2015.

PART I - INTRODUCTION

The title of these regulations is the Public Health (Ships)

Regulations.

Public Health (Ships) Regulations

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. ...............

Nationality ............................. arriving from .................... sailing to ................

(Flag of ship) ............................................ Master’s name ................................

Gross Tonnage ..........................................

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/vessel 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) ......................

(3) 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 no. 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 total 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

PUBLIC HEALTH (SHIPS)

If yes, state particulars in attached schedule.

(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 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 evidence of a disease of an infectious

nature

(a)

fever, persisting for several days or accompanied by (i) prostration; (ii)

decreased consciousness; (iii) glandular swelling; (iv) jaundice; (v) cough or

shortness of breath; (vi) unusual bleeding; or (vii) paralysis;

(b)

with or without fever: (i) any acute skin rash or eruption; (ii) severe

vomiting (other than sea sickness) (iii) severe diarrhoea; or (iv) 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 ...........................................

Master ...........................................

Countersigned ................................

Ship’s Surgeon (if carried)

Date ................................................

PUBLIC HEALTH (SHIPS)

ATTACHMENT TO MARITIME DECLARATION OF HEALTH

Name Class Age Sex Nationality Port, Nature Date of Reported Disposal Drugs, Comments

or

date

of

onset of to a port of case* medicines

rating

joined Illness symptoms medical

or other

ship /

officer?

treatment

vessel

given to

patient

* State: (1) whether the person recovered, is still ill or died; and (2) whether the person is

still on hoard, was evacuated (including the name of the port or airport), or was buried at sea.

PUBLIC HEALTH (SHIPS)

These regulations implement the International Health

Regulations (2005).

SHIP SANITATION CONTROL EXEMPTION CERTIFICATE /

SHIP SANITATION CONTROL CERTIFICATE

Port of ..................... Date: ....................

This Certificate records the inspection and 1) exemption from control or 2) control

measures applied

Name of ship or inland navigation vessel ............................... Flag .......................

Registration/IMO No ....................................

At the time of inspection the holds were unladen/laden with ............. tonnes of

cargo

Name and address of inspecting officer ............................

Ship Sanitation Control Exemption Certificate

Ship Sanitation Control Certificate

Areas, (systems

Evidence Sample

Documents

Control

Re-inspection

Comments

found 1

results 2

and services)

reviewed

measures

date

regarding

inspected

applied

conditions

found

Galley

Pantry

Stores

Hold(s) / cargo

Quarters

- crew

- officers

- passengers

- deck

Potable water

Sewage

Ballast tanks

Solid and medical

waste

Standing water

Engine room

Medical facilities

Other

areas

specified - see

attached

Note areas not

applicable, by

marking N/A

No evidence found. Ship/vessel is exempted from Control measures indicated were applied on

control measures

the date below.

Name and designation of inspecting officer

Signature and seal

Date

1 (a) 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. (b) Intormation concerning any

human cases (to 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 wilh the re-

PUBLIC HEALTH (SHIPS)

inspection date specified in this certificate.

Sanitation Control Exemption Certificates and Sanitation Control Certificates are valid for a maximum

of six months, but the validity period may be extended by one month if inspection cannot be carried out at

the port and there is no evidence of infection or contamination.

ATTACHMENT TO SHIP SANITATION CONTROL EXEMPTION CERTIFICATE

/ SHIP SANITATION CONTROL CERTIFICATE

Ship Sanitation Control Exemption Certificate

Ship Sanitation Control Certificate

Areas / facilities /

Evidence Sample Documents

Control

Re-inspection

Comments

found 1 results 2

systems inspected

reviewed

measures

date

regarding

applied

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

PUBLIC HEALTH (SHIPS)

The purpose and scope of these regulations are to prevent,

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.

Added by

XIII. 2015.173.

Fees payable for net tonnage

Net Tonnage

Fees

Up to 1,000 tons

€55

Over 1,000 to 3,000 tons

€77

Over 3,000 to 10,000 tons

€99

Over 10,000 to 20,000 tons

€121

Over 20,000 to 50,000 tons

€143

Over 50,000 tons

€165

(1)

In these regulations, unless the context otherwise

requires

"additional measures" means such of the additional measures

specified in Schedule 4 with respect to plague, cholera, yellow

fever and smallpox;

"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 World

Health Organisation;

"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 inland navigation vessel on an

international voyage, arrival at a point of entry;

"authorised officer" means any duly qualified person authorised

by the Superintendent to carry out any functions under these

regulations and includes any nominated officer;

"authorised port" means a port authorised to offer -

(a) the issuing of a Ship Sanitation Control Certificate and

the provision of the services referred to -

(i) in Annex 1 to the IHR, and

(ii) in the form reproduced at Schedule 2;

(b) the issuing of a Ship Sanitation Control Exemption

Certificate following inspection of the ship including a

thorough inspection of the hold; or

PUBLIC HEALTH (SHIPS)

(c) the extension of a ship sanitation certificate for a

period of one month;

"baggage" means the personal effects of a traveller or a member

of the crew;

"cargo" means goods carried on a conveyance or in a container;

"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 a ship 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;

"customs officer" means any person acting under the authority of

the Comptroller of Customs;

"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;

"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

PUBLIC HEALTH (SHIPS)

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 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;

"health measure" means procedures applied to prevent the spread

of disease or contamination; a health measure does not include law

enforcement or security measures;

"IHR" means the International Health Regulations (2005) of the

WHO adopted by the 58th World Assembly on the 23rd May 2005;

"ill person" means an individual suffering from or affected by a

physical ailment that may pose a public health risk;

"immigration officer" means any person appointed by the

Commissioner of Police to act as an immigration officer;

"infected person" means a person who is suffering from plague,

cholera, yellow fever or small pox or who is considered by the

medical officer to be infected with such a disease or with some

other infectious or contagious disease other than veneral disease or

tuberculosis;

"infected ship" means -

(a) a ship which has on board on arrival a case of plague,

cholera, yellow fever, small pox, rabies or viral

haemorrhagic fever; or

(b) a ship on which a plague-infected rodent is found on

arrival; or

(c) a ship which has had on board during its voyage -

(i) a case of human plague which developed more

than six days after the embarkation of the person

affected; or

(ii) a case of cholera within five days before arrival;

or

(iii) a case of yellow fever or smallpox, and which

has not before arrival been subjected in respect

of such case to appropriate measures equivalent

to those provided for in these regulations;

"infection" means the entry and development or multiplication of

an infectious agent in the body of humans and animals that may

PUBLIC HEALTH (SHIPS)

constitute a public health risk;

"infectious disease" means infectious of contagious disease other

than venereal disease or tuberculosis;

"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;

"local authority" means the authority responsible to enforce and

execute these regulations;

"medical examination" means the preliminary assessment of a

person by an authorised 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;

"the Minister" means the Minister responsible for public health;

"mooring station" means a place, situated within or outside the

waters of a port (as the situation may require), which is specified

by the local authority, with the consent of the Comptroller of

PUBLIC HEALTH (SHIPS)

Customs and the harbour master, for the mooring of ships for

medical inspection so that they do not come into contact with other

ships or the shore;

"National IHR Focal Point" means the national centre, which

shall be accessible at all times for communications with WHO IHR

Contact Points;

"the Organisation" means the World Health Organisation;

"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

(a) to constitute a public health risk to other States

through the international spread of disease; and

(b) 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 or IHR;

"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 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;

"ship sanitation certificate" means a Ship Sanitation Control

PUBLIC HEALTH (SHIPS)

Certificate or a Ship Sanitation Control Exemption Certificate;

"the Superintendent" means the Superintendent of Public Health

as defined in the Public Health Act;

"surveillance" m eans 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 as

having been exposed, or possibly exposed, to a public health risk

and that could be a possible source of spread of disease;

"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 to

WHO confirming the status of an event within the territory or

territories of that State;

"WHO" means the World Health Organisation;

"WHO IHR Contact Point" means the unit within WHO which

shall be accessible at all times for communications with the

National IHR Focal Point.

PART II - GENERAL

PART 1 - PLAGUE

Infected ships and suspected ships

(1)

The medical officer may -

(a) require any suspect on board to be disinsected' and may place under

surveillance. the period of surveillance being reckoned from the date of

arrival of the ship;

(b) require the disinsecting and. if necessary, disinfection of the baggage of

any infected person or suspect. and of any other atticle on board and any

part of the ship which the medical officer considers to be contaminated.

(2) If there is any rodent infected with plague on board the medical officer or

other authorised officer shall require the ship to be deratted in a manner to be

determined by him, but without prejudice to the generality of this requirement the

following special provisions shall apply to any such deratting

(a) the deratting shall be carried out as soon as the holds have been emptied

or when they contain only ballast or other material, unattractive to

rodents, of such a nature or so disposed as to make a thorough

inspection of the holds possible. A Ship Sanitation Control Exemption

Certificate may be issued for an oil tanker with full holds;

(b) one or more preliminary derattings of a ship with the cargo in situ, or

during its unloading, may be carried out to prevent the escape of

infected rodents;

(c) if the complete destruction of rodents cannot be secured because only

part of the cargo is due to be unloaded, a ship shall not be prevented

from unloading that part, but the medical officer or other authorised

officer may apply any measure which he considers necessary to prevent

the escape of infected rodents, including placing the ship in quarantine.

(3) On arrival of a ship having on board a person suffering from pulmonary

plague, or if there has been a case of pulmonary plague on board a ship within the

period of six days before its arrival, the medical officer may -

(a) carry out the measures set out in paragraph 1 of Part 1 of this schedule;

PUBLIC HEALTH (SHIPS)

(b) require any person on board to be placed in isolation for six days

reckoned from the date of the last exposure to infection.

Ships which have been in infected areas

(4)

The medical officer may -

(a) place under surveillance any suspect who disembarks; the period of

surveillance being reckoned from the date of the departure of the ship

from the infected area;

(b) regard as suspect any person not isolated for six days before departure

from an area with an epidemic of pulmonary plague;

(c) require, in exceptional circumstances and for well founded reasons, the

destruction of rodents on the ship and disinsecting, but he shall give the

master notice in writing of the reasons for the requirement.

PART II - CHOLERA

Infected ships and suspected ships

(1)

The medical officer -

(a) may place under surveillance any person who disembarks from a ship,

the period of surveillance being reckoned from the date of

disembarkation from the ship;

(b) shall be responsible for the supervision of the removal and safe disposal

of any water, food (excluding cargo), human dejecta, waste water,

including bilge water, waste matter, and any other matter which is

considered to be contaminated, and shall be responsible for the

disinfection of water tanks and food handling equipment.

(2) Foodstuffs carried as cargo on board ships in which a case of cholera has

occurred during the journey, may not be subjected to bacteriological examination

except by the health authorities of the country of final destination.

PART III - YELLOW FEVER

Infected ships, suspected ships, and ships which have been in infected areas

The medical officer may require the ship to be disinsected for the destruction of

vectors of yellow fever which may be on board.

PART IV - SMALLPOX

Infected Ships

(1) The medical officer shall offer vaccination to any person on board or

disembarking from the ship who does not show sufficient evidence of protection by a

previous attack of smallpox or who does not satisfy the medical officer that he

possesses a valid International Vaccination Certificate.

(2)

The medical officer may either -

(a) place under surveillance any person who disembarks, the period of

surveillance being reckoned from the date on which the medical officer

considers the person was last exposed to infection; or

(b) if he considers any such person is not sufficiently protected against

smallpox, isolate him for a similar period.

(3) The medical officer shall require the disinfection of the baggage of any

infected person, and of any other article on board and any part of the ship which the

medical officer considers to be contaminated.

PUBLIC HEALTH (SHIPS)

Suspects on other Ships

(4) The medical officer may also apply the provisions of paragraphs (1) and (2)

of this part to any suspect who disembarks from a ship which is not an infected ship.

PART V - LASSA FEVER, RABIES, VIRAL HAEMORRHAGIC FEVER

OR MARBURG DISEASE

Infected ships and suspected ships

(1)

The medical officer may -

(a) place any suspect on board under surveillance, the period of

surveillance being reckoned from the date of arrival of the ship;

(b) require the disinfection of the baggage of any infected person or

suspect, and of any other article on board and any part of the ship which

the medical officer considers to be contaminated.

(2) If there is any rodent on board the authorised officer may require the ship to

be deratted in a manner to be determined by him, but without prejudice to the

generality of this requirement the following special provisions shall apply to any

such deratting

(a) the deratting shall be carried out as soon as the holds have been emptied

or when they contain only ballast or other material, unattractive to

rodents of such a nature or so disposed as to make a thorough inspection

of the holds possible. A Ship Sanitation Control Exemption Celtificate

may be issued for an oil tanker with full loads;

(b) one or more preliminary derattings of a ship with the cargo in situ, or

during its unloading, may be carried out to prevent the escape of

infected rodents;

(c) if the complete destruction of rodents cannot be secured because only

part of the cargo is due to be unloaded, a ship shall not be prevented

from unloading that part, but the authorised officer may apply any

measure which he considers necessary to prevent the escape of infected

rodents, including placing the ship in quarantine.

(1) It shall be the duty of the Superintendent to enforce and

execute these regulations.

(2) The Superintendent may attach such terms and conditions

as he thinks fit to any direction given by him under these

regulations.

(3) The Superintendent shall exercise his functions as a

responsible authority through such officers as may be designated

for the purpose by him or by the Minister.

For the purpose of these regulations, the Superintendent

may, and if so required by the Minister shall

(a) appoint such medical practitioners in addition to the

medical officers, as may be necessary for the proper

enforcement and execution of these regulations;

(b) give directions from time to time as to the duties

which are to be performed by any medical practitioner

as appointed or any other officer authorised to enforce

and execute these regulations;

(c) provide or arrange for the provision of -

(i) premises or waiting rooms for the medical

examination of persons;

(ii) premises for the temporary isolation of persons

in accordance with these regulations;

(iii) apparatus or other means for cleansing,

PUBLIC HEALTH (SHIPS)

disinfecting and disinsecting ships, persons,

clothes and other articles;

(d) arrange for the reception into a hospital of persons

requiring to be removed thereto under these

regulations;

(e) arrange for the provision of means of transport for the

conveyance of persons to any premises as referred to

in sub-regulation (3), or to a hospital;

(f) do all such things as in his opinion or the opinion of

the Minister, as the case may be, are necessary to

enable the provisions of these regulations to be

complied with;

(g) shall develop, strengthen and maintain the capacity to

detect, assess, notify and report events in accordance

with Annex 1 of the IHR.

For the purpose of these regulations, the Superintendent

may, and if so required by the Minister, shall

(a) provide to the WHO IHR Contact Point, the National

IHR Focal point, with the current details and the

authorities responsible within his respective

jurisdiction for the implementation of these

regulations;

(b) ensure that no ship sanitation certificate is issued

without prior inspection by an authorised officer;

(c) ensure that any control measures required under these

regulations are carried out by or under the supervision

of an authorised officer.

PART III - INCOMING SHIPS

(1) An authorised officer may, for the purposes of these

regulations, inspect any ship on arrival or already in port.

(2)

The authorised officer shall -

(a) inspect on arrival any ship in respect of which the

master has sent to the local authority a message or

notification under regulation 14(1)(a)(ii) and (iii), (b)

or (c), and

(b) inspect any ship already at the port when he has

reasonable grounds for believing that there is on board

a case or suspected case of infectious disease.

(3) The inspection of a ship under sub-regulations (1) and (2)

may include taking from the ship samples of food and water for of

analysis or examination.

(4) The analysis and examination under sub-regulation (3) shall

(a) with a view to the treatment of persons affected with

any epidemic, endemic or infectious disease and for

preventing the spread of diseases; or

PUBLIC HEALTH (SHIPS)

(b) for preventing any other danger to public health.

Any authorised officer may, for the purposes of these

regulations, require a ship on arrival or already in port to be

brought to, and if necessary moored or anchored at, some safe and

convenient place for the purpose of medical inspection.

(1) The medical officer may, and if so requested by the

master or required by the Superintendent, examine any person on

board a ship on arrival or already in port, when there are reasonable

grounds for suspecting that -

(a) the person is suffering from an infectious disease;

(b) the person has been exposed to infection from an

infectious disease;

(c) the person is verminous.

(2)

The authorised officer may -

(a) detain any such person for such examination either

upon the ship or at some place on shore established for

the purpose;

(b) require the clothing and other articles belonging to any

person so examined to be disinfected and, where

necessary, disinsected and any person found to be

verminous to be disinsected;

(c) except as provided in regulation 30, prohibit any

person so examined from leaving the ship, or permit

him to leave it on such conditions and subject to the

taking of such measures, under these regulations, as

the authorised officer considers reasonably necessary

for preventing the spread of infection; and

(d) require the master to take or assist in taking such steps

as in the opinion of the authorised officer are

reasonably necessary for preventing the spread of

infection, for disinsection and the destruction of

vermin, and for the removal of conditions on the ship

likely to convey infection, including the existence of

which might facilitate the harbouring of insects or

vermin.

(1) Where there is, or the medical officer suspects that

there is, on board a ship on arrival or already in port, a person

suffering from an infectious disease or tuberculosis, the medical

officer may -

(a) in the case of an infectious disease -

(i) cause the person to be removed from the ship

and isolated or sent to hospital or to some other

suitable place approved for that purpose by the

local authority;

(ii) in the case of cholera, smallpox or viral

haemorrhagic fever, place such person under

surveillance for the appropriate period specified

in regulation 36(1); or

PUBLIC HEALTH (SHIPS)

(iii) except as provided in regulation 31, the medical

officer may, by notice in writing to the master,

prohibit the removal of the person or his

disembarking from the ship without the consent

in writing of the medical officer;

(b) in the case of tuberculosis, if the person disembarks,

send information to that effect to the medical officer of

the area in which the intended destination and address

of the person are situated.

(2) Where the Superintendent is satisfied that a serious danger

to public health exists by reason of infectious disease and notifies

medical officers accordingly, the medical officer may, and if the

Superintendent of Public Health so directs shall, require a person

disembarking from a ship state in writing his name and intended

destination and address.

The master of a ship on arrival or on approaching Malta

from abroad shall -

(a) answer all questions as to the health conditions on

board which may be put to him by an authorised

officer or a customs officer and furnish any such

officer with all such information and assistance as he

may reasonably require for the purpose of these

regulations;

(b) notify the authorised officer immediately of any

circumstances on board which are likely to cause the

spread of infectious disease or tuberculosis, including

in his notification particulars as to the sanitary

condition of the ship and the presence of animals or

captive birds (including poultry) of any species, or

mortality or sickness among such animals or birds, on

the ship;

(c) comply with these regulations, and with any directions

or requirements of an authorised officer or customs

officer given or made for the purposes of these

regulations.

(1) An authorised officer, if so required, may transmit free

pratique to the master by an appropriate means when he is satisfied

that the arrival of the ship will not result in or contribute towards

the spread of infectious disease or tuberculosis.

(2) The ship shall transmit to the authorised officer from a

foreign port before arrival by radio, fax, e-mail or other appropriate

means, any information relevant under sub-regulation (1).

(3) The authorised officer or a customs officer authorised on

his behalf shall grant pratique to a ship as soon as the following

conditions shall have been complied with

(a) questions in the form prescribed must be accurately

and completely answered in writing by the master of

the ship, and any other questions which the medical

officer or customs officer may deem it necessary to put

PUBLIC HEALTH (SHIPS)

to the master or any other person on board in regard to

the sanitary condition of the ship, the health of the

passengers and crew, or of any ship with which there

has been direct intercourse during the voyage, shall be

accurately and completely answered by the person to

whom the questions are addressed;

(b) the answers must clearly indicate the absence of any

infectious disease on board during the voyage or on

arrival of the ship and that the ship has not called at

any infected place or had direct intercourse during the

voyage with any ship from any infected place or

having on board infectious disease and must satisfy the

medical officer or customs officer that the granting of

pratique will not be attended by any danger to the

public health.

(4) Pilots will be allowed to board ships before pratique is

granted for the purpose of taking the ship into, or out of harbour.

The pilots shall comply with any instructions given to them by the

medical officer.

(1) The master of a ship shall, in accordance with sub-

regulation (2), report -

(a) the occurrence of any event on board ship before

arrival relating to -

(i) the death of a person otherwise than as a result

of an accident, or

(ii) illness where the person who is ill has a

temperature of 38ºC or greater which was

accompanied by rash, glandular swelling or

jaundice, or where such temperature persisted

for more than forty-eight hours, or

(iii) illness where the person has or had diarrhoea

severe enough to interfere with work or normal

activities;

(b) the presence on board of a person who is suffering

from an infectious disease or who has symptoms

which may indicate the presence of an infectious

disease;

(c) any other circumstance on board likely to cause the

spread of infectious disease;

(d) the presence of animals or captive birds, and the

occurrence of mortality or sickness amongst such

animals or birds.

(2)

For the purposes of sub-regulation (1), the master shall -

(a) send by appropriate means before arrival, either

directly to the local authority or through an agent

approved by the local authority, a radio message, fax,

e-mail or other communication complying with sub-

regulation (3); or

(b) where it is not possible to comply with paragraph (a)

PUBLIC HEALTH (SHIPS)

before arrival, notify the local authority immediately

on arrival of the presence on board of such infectious

disease or tuberculosis, symptoms or other similar

circumstances.

(3) Any radio message, fax, e-mail or other communication

sent for the purpose of this regulation shall be sent so as to reach

the local authority not more than twelve hours, and whenever

practicable not less than four hours, before the expected arrival of

the ship.

(1) Subject to the provisions of this regulation, where on

the arrival of a ship, the master -

(a) makes a report in accordance with regulation 14(1)(a),

(b) or (c), or

(b) is directed by the medical officer to complete a

Maritime Declaration of Health,

he shall complete a Maritime Declaration of Health in the form set

out in Schedule 1, which shall be countersigned by the ship’s

medical officer.

(2) The master shall deliver such Declaration to the local

authority.

(1) Where the medical officer so directs, or where the

master is required to make a report in accordance with regulation

14(1)(a), (b) or (c), no person, other than the pilot, a customs

officer or an immigration officer, shall, without the permission of

the medical officer, board or leave a ship until free pratique has

been granted, and the master shall take all reasonable steps to

secure compliance with this provision.

(2) Before granting permission to a person to leave the ship,

the authorised officer may require him to state his name and his

intended destination and address, and to give any other information

which the authorised officer may think necessary for transmission

to the local authority for the area in which the intended destination

of the person is situated.

(3) If such a person cannot state his intended destination and

address or arrives, within a period, not exceeding fourteen days

after landing, to be specified to him by the authorised officer, at an

address other than that which he has so stated, he shall immediately

after his arrival at that address send particulars thereof to the

authorised officer of the port where he left the ship

(1) Upon receipt by an authorised officer of an application

for a ship sanitation certificate in respect of the ship, made in

writing by the owner of a ship or by the master acting for or on

behalf of the owner -

(a) if the ship is within the area of an authorised port, he

shall -

(i) inspect the ship to prevent danger to public

health or the spread of infection with a view to

issuing a ship sanitation certificate; and

PUBLIC HEALTH (SHIPS)

(ii) either carry out or cause to be carried out under

the supervision of an authorised officer control

measures necessary for the control of danger to

public health or the spread of infection with a

view to issuing a ship sanitation certificate, or

otherwise take or cause to be taken any steps

which he considers necessary to satisfy himself

that the ship does not present a danger to public

health and is free of infection;

(b) if the ship is not within the area of an authorised port,

an authorised officer shall -

(i) consult with a customs officer, and

(ii) direct the ship to proceed at the risk of the owner

of the ship to an area of an authorised port which

is both convenient to the ship and to the customs

officer.

(2) If an authorised officer after he has inspected a ship under

sub-regulation (1)(a) is satisfied -

(a) that the ship is exempt from control measures, he shall

issue or cause to be issued a Ship Sanitation Control

Exemption Certificate, provided he has complied with

sub-regulation (3); or

(b) that control measures have been completed to his

satisfaction, he shall -

(i) issue or cause to be issued a Ship Sanitation

Control Certificate; and

(ii) note or cause to be noted on the certificate the

evidence found and the control measures taken.

(3) An authorised officer shall, wherever possible, issue or

cause to be issued a Ship Sanitation Control Exemption Certificate

only if the inspection of the ship was carried out when the ship and

the 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.

(1) If the master of a ship which during its voyage has

been in a foreign port cannot produce to an authorised officer a

valid ship sanitation certificate in respect of the ship -

(a) if the ship is within the area of an authorised port, an

authorised officer may inspect the ship for evidence of

danger to public health or infection with a view to

issuing a ship sanitation certificate;

(b) if the ship is not within such an area, an authorised

officer shall -

(i) consult with a customs officer; and

(ii) direct the ship to proceed at the risk of the

master of the ship to an area of an authorised

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port convenient to the ship and the customs

officer.

(2) An authorised officer must issue or cause to be issued a

Ship Sanitation Control Exemption Certificate if, after he has

inspected a ship under sub-regulation (1)(a) hereof, the authorised

officer is satisfied that the ship is exempt from control measures,

provided he has complied with regulation 17(3).

(3) If, after a ship has been inspected by an authorised officer,

the authorised offic measures he shall -

(a) carry out or require to be carried out, under the

supervision of an authorised officer, control measures

necessary for the control of danger to public health or

the spread of infection; 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 to public health and is free

of infection.

(4) If the master produces a ship sanitation certificate but the

authorised officer has evidence of danger to public health or

infection, notwithstanding such certificate the authorised officer

shall -

(a) carry out or require to be carried out under the

supervision of an authorised officer control measures

necessary for the control of danger to public health or

the spread of infection; 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 to public health and is free

of infection.

(5) An authorised officer may extend the period of validity of

a ship sanitation certificate by one month if -

(a) any inspection or control measures required cannot be

carried out at the port;

(b) there is no evidence of danger to public health or

infection; and

(c) the port is authorised to extend the validity of a ship

sanitation certificate.

(6) The master of a ship shall immediately make arrangements

to carry out any control measures required by an authorised officer

under sub-regulations (3) or (4).

(7) When control measures referred to in sub-regulations (3) or

(4) have been completed to the satisfaction of an authorised officer,

such authorised officer shall -

(a) issue or cause to be issued a Ship Sanitation Control

Certificate; and

(b) note or cause to be noted on the certificate the

evidence found and the control measures taken.

PUBLIC HEALTH (SHIPS)

(1) An authorised officer shall ensure that a control

measure he requires under regulations 17(1)(a)(ii) or 18(3) or (4)

consists of methods or materials advised by WHO for these

procedures, unless the authorised officer determines that other

measures are equally safe and reliable.

(2) An authorised officer under regulations 17(1)(a)(ii) or

18(3) or (4) may require additional health measures to be applied

for preventing danger to public health or the spread of infection in

accordance with Article 43 of the IHR, including isolation of the

ship at a mooring station or otherwise.

(3) The local authority must report the application of any such

additional health measures required under sub-regulation (2) to the

National IHR Focal Point.

(4) An authorised officer of a port where control measures are

applied must note or cause to be noted on the ship sanitation

certificate in relation to any case where he is of the view that the

conditions under which the measures were carried out were such

that a satisfactory result could not be obtained as regards such case.

(1) A Ship Sanitation Control Exemption Certificate or

Ship Sanitation Control Certificate must conform to the form in

Schedule 2.

(2) A ship sanitation certificate issued under regulations 17 or

18 shall be valid for six months from the date of issue.

(3) A copy of every ship sanitation certificate issued shall be

retained at the Port Health Office.

(4) For an inspection relating to the issue of a Ship Sanitation

Control Exemption Certificate or Ship Sanitation Control

Certificate, as the case may be, in respect of ships of the net

tonnage specified in the First Column of Schedule 3, there shall be

leviable by the Superintendent the appropriate fee specified in the

Second Column of the said Schedule.

(1) On the arrival of an infected ship or a suspected ship,

or any other ship on which there has been, during its current voyage

and within the last four weeks before arrival, a case of plague,

cholera, yellow fever or small pox in respect of which the ship has

not, outside the Maltese waters, been subjected to appropriate

measures equivalent to those provided for in these regulations, the

master shall take it to a mooring station unless the medical officer

allows or directs otherwise.

(2) When the medical officer has cause to believe that a ship on

arrival may be one to which sub-regulation (1) applies, he may

direct the master to take the ship to a mooring station or to such

other place as he considers desirable.

The medical officer may for the purposes of these

regulations direct that any ship from a foreign port shall, on arrival,

be taken to a mooring station for medical inspection and such

medical officer may, if a customs officer is to be the first officer to

board the ship, give notice in writing of such direction to the

customs officer, who shall deliver the notice to the master.

PUBLIC HEALTH (SHIPS)

Where on the arrival of a ship from a foreign port it

appears to a customs officer, from information in the Maritime

Declaration of Health or otherwise, that the ship is one to which

regulation 21(1) applies, he shall direct the master to take it to a

mooring station for detention thereat, unless a medical officer

otherwise allows or directs.

If after the arrival of a ship a case of plague, cholera,

yellow fever, smallpox, rabies or viral haemorrhagic fever occurs

on board, or an animal infected with any such disease is discovered

or suspected of being on board, the authorised officer may direct

the master to take the ship to a mooring station.

A ship which has been taken to a mooring station or

directed there by a medical officer shall remain there until it has

been inspected to the satisfaction of said officer.

A medical officer may detain, or give notice in writing to a

customs officer to detain any ship for medical inspection at its

place of mooring, not being a mooring station, or at its place of

discharge or loading.

The detention of a ship by a customs officer under these

regulations shall cease as soon as the ship has been inspected by the

medical officer or, if such inspection has not commenced within

twelve hours after the ship has been detained, on the expiration of

that period

Provided that nothing in this regulation shall affect the

power of the medical officer to continue the detention of a ship

under regulation 28.

(1) The medical officer shall inspect any ship and the

persons on board as soon as possible after it has been taken or

directed to a mooring station or after it has been detained under

these regulations.

(2) If the ship is one to which the medical officer is required to

apply any further measures under these regulations or the

additional measures referred to in Schedule 4, or if after such

inspection he considers it necessary to apply any such additional

measures, he may detain the ship at the mooring station or at such

other place as he considers desirable, or continue the detention, as

the case may be, if such detention or continued detention is

necessary for the application of such further or additional

measures.

The authorised officer may require the master of a ship

which, under these regulations, has been taken or directed to a

mooring station or detained because rodents have been discovered

or there are reasonable grounds for suspecting that rodents are on

board to take all practicable measures to prevent the escape of

rodents from the ship.

On arrival of a ship the medical officer may place under

surveillance for the appropriate period specified in regulation

36(1) -

(a) any person disembarking from the ship who has come

PUBLIC HEALTH (SHIPS)

from an infected area with cholera, small pox or viral

haemorrhagic fever; and

(b) any suspect disembarking from the ship who has come

from an area infected with yellow fever, plague, lassa

fever, viral haemorrhagic fever or marburg disease.

The medical officer shall, if so required by the master of

the ship on arrival, cause any infected person to be removed from

Without prejudice to any other provision in these

regulations, the additional measures referred to in Schedule 4 shall

be applicable on the arrival of -

(a) any infected ship or suspected ship;

(b) any ship which has during its voyage been in an area

infected with plague, cholera, yellow fever, lassa

fever, rabies, viral haemorrhagic fever or marburg

disease;

(c) any suspect for smallpox on a ship other than an

infected ship;

(d) any other ship when the medical officer is satisfied

that, notwithstanding that measures equivalent to such

additional measures have been applied to the ship or

any person on board since such previous application of

an infected person or suspect and that it is necessary

again to apply any such measure, or the medical

officer has evidence that a previous application was

not effective.

PART IV - OUTGOING SHIPS

Where a ship is due to depart for a destination, whether

final or intermediate, outside Malta, the medical officer -

(a) may examine any person who proposes to embark on

the ship if he has reasonable grounds for believing him

to be suffering from plague, cholera, yellow fever,

smallpox or viral haemorrhagic fever; and -

(i) if after an examination the medical officer is of

the opinion that the person shows symptoms of

one of the diseases, the medical officer shall

prohibit the embarkation of the person;

(ii) the time and place of an examination shall be

arranged -

(1) to take into account any other formalities;

and

(2) to avoid delay;

(b) shall prohibit any suspect from embarking thereon

Provided that, in the case of smallpox, a person shall

not be prohibited from embarkation if he satisfies the

medical officer that he is sufficiently protected by

vaccination or by a previous attack of smallpox;

PUBLIC HEALTH (SHIPS)

(c) shall notify by the most expeditious means the master

and, also, the local authority of the place to which the

person is proceeding of any person embarking or

proposing to continue his voyage thereon who, in the

opinion of the medical officer, should be placed under

surveillance;

(d) notwithstanding the provisions of paragraph (a)(ii), a

person on an international voyage who on arrival was

placed under surveillance may be allowed to continue

his voyage. The medical officer shall notify by the

most expeditious means the local authority for the

place to which the person is proceeding that such a

person should, in the opinion of the medical officer, be

placed under surveillance.

(1) Where the Minister has, by notice published in the

Gazette, declared any place to be infected with a disease subject to

the International Health Regulations, or with any other disease

which, in his opinion, constitutes a menace to other countries by

reason of its spread or potential spread, then, until the notice is

revoked by a subsequent notice published in the Gazette, every

medical officer shall comply with any requirement which may be

made by the Superintendent for preventing the spread of the

disease, and in particular, but without prejudice to the generality of

the foregoing provisions, the following provisions of this

regulation shall operate in relation to any ship departing from any

port specified by the Superintendent for a destination outside

(2)

(a) An authorised officer, if so required by the Minister,

shall require a valid vaccination certificate from

departing travellers. In the absence of such a certificate

the medical officer may offer vaccination to any

traveller and apply the provisions of regulation 33(c).

(b) The medical officer may, and within three hours after

receiving a request from the master so to do shall,

medically examine any person who proposes to

embark on or is on board the ship.

(c) The medical officer may require any part of the ship

which in his opinion may be infected to be cleansed

and disinfected to his satisfaction.

(d) an authorised officer shall inspect any clothing,

bedding or other article which is on, or is intended to

be taken by a person on, the ship and which, in the

opinion of the officer, may have been exposed to

infection and may require the disinfection or

destruction of any such clothing, bedding or article,

and the master shall disclose to the authorised officer

any relevant circumstances.

(e) No person shall take or cause to be taken on board the

ship any article which, in the opinion of an authorised

officer, is capable of carrying infection, unless that

officer is satisfied that the ship has been efficiently

PUBLIC HEALTH (SHIPS)

disinfected and, where necessary, disinsected.

(f)

If the port is situated in an area which is included in

such notice in the Gazette as aforesaid and is therein

declared to be infected with plague, and if there is

reason to believe that there are rodents on the ship, the

authorised officer may, and if so required by the

Superintendent shall, take steps to secure the deratting

of the ship.

PART V - MISCELLANEOUS

Every person to whom these regulations apply shall

comply with every direction, requirement or condition given, made

or imposed by an authorised officer or customs officer under these

regulations, and shall furnish all such information as any such

officer may reasonably require, including information as to his

name, destination, and address to which he is going on leaving a

ship< and every person who has for the time being the custody or

charge of a child or other person who is under disability shall

comply with any direction, requirement or condition so given,

made or imposed, and shall furnish all such information as

aforesaid, in respect of such child or other person.

(1) Where these regulations permit a medical officer to

place a person under surveillance, the period of such surveillance

shall not exceed such of the following periods as may be

appropriate -

(a)

in respect of plague, six days;

(b)

in respect of cholera, five days;

(c)

in respect of yellow fever, six days;

(d)

in respect of smallpox, fourteen days;

(e)

in respect of typhus, fourteen days;

(f)

in respect of lassa fever, viral haemorrhagic fever or

marburg disease, twenty one days.

(2) When a person has been so placed under surveillance for

plague, cholera, smallpox or viral haemorrhagic fever under

regulation 30 by reason of his having come from an infected area,

the period shall be reckoned from the date of his leaving the

infected area.

(3) When a person has been so placed under surveillance

pursuant to the additional measures referred to in Schedule 4, the

period shall be reckoned in the manner therein specified.

Every person who is placed under surveillance under these

regulations shall -

(a) give facilities for any medical examination required by

the medical officer or by the medical officer of health

for any area in which he may be during the period of

surveillance;

(b) furnish all such information as the medical officer or

any such medical officer of health may reasonably

PUBLIC HEALTH (SHIPS)

require with a view to ascertaining the person’s state

of health;

(c) forthwith upon arrival during the period of

surveillance at any address other than the one stated as

his intended destination when placed under

surveillance, send particulars of that address to the

medical officer;

(d) if so instructed by the medical officer, report

immediately to the medical officer of health for any

area in which he may be during the period of

surveillance, and thereafter during that period report to

that officer at such intervals as he may require

provided that an instruction shall not be given under

this paragraph unless the Superintendent has by

direction, whether general or special, authorised the

giving of instructions thereunder.

(1) The local authority may charge the owner or master of

a ship for a service described in sub-regulation (2) in so far as the

service is for preventing -

(a) danger to public health from a ship arriving in any

port, or

(b) the spread of infection from a ship leaving any port.

(2)

The services mentioned in sub-regulation (1) are-

(a) the inspection of the ship, or the application of

measures required to be applied to the ship, in

connection with the issue of a ship sanitation

certificate in respect of the ship;

(b) the extension of the period of validity of a ship

sanitation certificate; or

(c) the application, at the master’s request, of any other

measure that the master of a ship is required by these

regulations to carry out.

(3)

A charge for a service under sub-regulation (1) -

(a) shall not exceed the actual cost of the service

rendered;

(b) shall be -

(i) published at least ten days in advance of being

levied;

(ii) described sufficiently in such manner that the

owner or master of the ship is reasonably

informed of the likely amount of the charge; and

(c) shall not be discriminatory, in particular that -

(i) it shall not be levied so as to make a distinction

based on the nationality, registry or ownership

of the ship or containers, cargo, baggage, goods

or postal parcels concerned; and

(ii) it shall not distinguish between national and

PUBLIC HEALTH (SHIPS)

foreign ships or containers, cargo, baggage,

goods or postal parcels.

(4) The local authority may require the whole or part of the

amount of a charge for a service under sub-regulation (1) to be paid

or deposited with it before the service is performed.

(5) At the master’s request, a local authority shall provide the

master of a ship with particulars in writing and free of charge in

relation to -

(a) the measures for which a charge under sub-regulation

(1) is made; and

(b) the reasons why the measures were taken.

(6) At the request of a person in relation to whom measures

have been taken, or of a person in possession of articles in relation

to which measures have been taken, an authorised officer must

provide particulars in writing free of charge of the measures taken

and for which a charge under sub-regulation (1) is made.

(7) Particulars under sub-regulation (6) shall include the date

on which the measures were taken.

Every charge authorised by regulation 20 or 38 shall be

recoverable summarily as a civil debt, or as a simple contract debt

in any court of competent jurisdiction.

Nothing in these regulations shall render liable to

detention, disinfection or destruction any article forming part of

any mail conveyed under the authority of the Post Office, or of the

postal administration, or shall prejudicially affect the receipt on

board and delivery in due course at the place of destination, of any

such mail.

(1) The master of a ship, on arrival or already at port, who

is unwilling to comply with or submit to any provision or

requirement made under any applicable regulation, shall notify the

medical officer. The medical officer may then require the master to

remove the ship immediately from the port.

(2) If before leaving the port the master wishes to discharge

cargo or disembark passengers or take on board fuel, water or

stores, the medical officer shall permit him to do so but may

impose such conditions under these regulations as such officer

considers necessary.

(3) When the medical officer has so required the removal of a

ship from port, such ship shall not during its voyage call at any

other port in Malta.

(1) Health Guards may assist the authorised officer in the

execution of these regulations.

(2) The function of Health Guards is to perform monitoring or

surveillance duties as directed by the authorised officer.

Any recommendation issued by WHO for specific ongoing

public health risks pursuant to IHR regarding appropriate health

measures for routine or periodic application needed to prevent or

PUBLIC HEALTH (SHIPS)

reduce the international spread of disease and to minimise

interference with international traffic, shall be regarded to have

been issued under these regulations and shall come into force on

their date of issue.

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