Circular nº 4204/Add.2

WHO is working closely with global experts, governments and partners to rapidly expand scientific knowledge on the new virus, to track the spread and virulence of the virus, and to provide advice to countries and the global community on measures to protect health and prevent the spread of this outbreak.

Based on recommendations developed by WHO, the International Maritime Organization (IMO) issued Circular No. 4204 on 31 January 2020 to provide information and guidance on the precautions to be taken to minimize the risks of the new coronavirus (COVID-19) to seafarers, passengers and others on board ships.

Based on the advice of the Emergency Committee, the WHO Director-General did not recommend any travel or trade restrictions. Countries are stepping up their efforts in line with WHO recommendations for preparedness and response to this public health risk. At the same time, countries are taking additional measures such as delaying port clearance or refusing entry, which can cause serious disruptions to international maritime traffic, specifically for ships, their crews, passengers, and cargoes.

WHO is in close consultation with IMO and other partners to assist States in ensuring that health measures are implemented in ways that minimize unnecessary interference with international traffic and trade.

In this regard, WHO and IMO call upon all States to respect the requirements of “free pratique” for ships (IHR (2005) Article 28) and the principles of proper care for all travelers and the prevention of unnecessary delays to ships and to persons and property on board, while recognizing the need to prevent the introduction or spread of the disease.

States Parties to the IHR have committed to provide a public health response to the international spread of disease “proportionate and restricted to public health risks and which avoid unnecessary interference with international traffic and trade.” Furthermore, the IMO Convention on Facilitation of International Maritime Traffic (commonly known as the “Facilitation Convention”) states that States which are not Parties to the IHR shall endeavour to apply this Regulation to international shipping.

Therefore, measures which interfere with international maritime traffic are subject to the provisions of the IHR (2005), including the specific requirements set out in Article 43. Furthermore, it is essential that States Parties implement the IHR with full respect for the dignity, human rights and fundamental freedoms of persons, as stated in Article 3(1). The principles aimed at preventing unnecessary restrictions or delays in port entry for ships, persons and property are enshrined in Articles I and V and in Chapter 6 of the Annex to the Facilitation Convention. The IHR and IMO rules must be applied consistently to ensure their common objectives.

In particular, flag State authorities, port State authorities and control regimes, companies and shipmasters should cooperate, in the current context of the outbreak, to ensure that, where appropriate, passengers can embark and disembark, cargo operations can occur, ships can enter and leave shipyards for repair and survey, supplies and provisions can be loaded, and crews can be exchanged.

The World Health Organization and the International Maritime Organization stand ready to assist and support countries and the maritime sector in responding to the challenges posed to international shipping by the current outbreak of the novel coronavirus.