MEMORANDUM OF UNDERSTANDING

Integration of the Aviation Pandemic Preparedness Plan into the National

Pandemic Preparedness Plan

Entered into between

NATIONAL DEPARTMENT OF TRANSPORT

Established in terms of Section 2 of the South African

Civil Aviation Authority Act, (Act No. 40 of 1998)

herein represented by Mr. in his capacity as Minister of Transport who warrants

that he is duly authorised thereto

And

THE DEPARTMENT OF HEALTH

herein represented by Dr. in his capacity as Minister of Health

who warrants that he is duly authorised thereto

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DEFINITIONS

“affected” means persons, baggage, cargo, containers, conveyances, goods, postal

parcels or human remains that are infected or contaminated, or carry sources of
infection or contamination, so as to constitute a public health risk;

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

“aircraft” means an aircraft making an international voyage;

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

“competent authority” means an authority responsible for the implementation

and application of health measures under these Regulations;

“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;

“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;

“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

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kill infectious agents on a human or animal body surface or in or on baggage, cargo,
containers, conveyances, goods and postal parcels by direct exposure to chemical or
physical agents;

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

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

disease;

“free pratique” means permission for a ship to enter a port, embark or disembark,
discharge or load cargo or stores; permission for an aircraft, after landing, to embark or
disembark, discharge or load cargo or stores; and permission for a ground transport
vehicle, upon arrival, to embark or disembark, discharge or load cargo or stores; health
measure does not include law enforcement or security measures;

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

“infection” means the entry and development or multiplication of an infectious agent

in the body of humans and animals that may constitute a public health risk;

“inspection” means the examination, by the competent authority or under its

supervision, of areas, baggage, containers, conveyances, facilities, goods or postal
parcels, including relevant data and documentation, to determine if a public health risk
exists;

“isolation” means separation of ill or contaminated persons or affected baggage,

containers, conveyances, goods or postal parcels from others in such a manner as to
prevent the spread of
infection or contamination;

“medical examination” means the preliminary assessment of a person by an

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

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

“point of entry” means a passage for international entry or exit of travelers, baggage,

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 cargo, containers, conveyances, goods and postal parcels as well as agencies and
areas providing services to them on entry or exit;

“public health emergency of international concern” (PHEIC) means an

extraordinary event which is determined, as provided in these Regulations:

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

(ii) to potentially require a coordinated international response

“public health observation” means the monitoring of the health status of a traveler
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;

“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;

“surveillance” means the systematic ongoing collection, collation and analysis of

data for public health purposes and the timely dissemination of public health
information for assessment and public health response as necessary;

“suspect” means those persons, baggage, cargo, containers, conveyances, goods or

postal parcels considered by a State Party as having been exposed, or possibly
exposed, to a public health risk and that could be a possible source of spread of
disease;

“vector” means an insect or other animal which normally transports an infectious

agent that constitutes a public health risk;

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

“signature date” means the date on which this agreement is signed by the last party;

2. INTERPRETATION

2.1 In this agreement, unless inconsistent with the context, words referring to one
gender include a reference to the other gender, the singular includes the plural and

vice versa, and natural persons include artificial persons and vice versa.

2.2 The headings of the clauses in this agreement are for the purposes of convenience

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and reference only and shall not be used in the interpretation of, nor modify nor amplify this
agreement, nor any clause hereto.

2.3 Any annexure or schedules to this agreement shall be deemed to form part of this

agreement. Where any term is defined within a particular clause other than

this clause, that term shall bear the meaning ascribed to it in that clause wherever it

is used in this agreement;

2.4 Any provision conferring rights or imposing obligations on any party,

notwithstanding that it is only in the definitions clause, shall be given effect as if it

were a substantive provision of this agreement.

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3. INTRODUCTION

3.1 The National Department of Transport (hereinafter referred to as DOT) requires the
service of the National Department of Health (hereinafter referred to as DOH) to ensure
the implementation of the International Health Regulations (2005)

3.2 The purpose of the IHR are to prevent ,protect against ,control and provide a health
response to the international spread of disease in ways that is consummate with and
restricted to public health risks, and which avoid unnecessary interference with
international traffic and trade

3.2 It also requires the incorporation of the Aviation Pandemic Preparedness Plan into the
National Epidemic Preparedness and Response

3.3 This agreement shall apply in respect of ICAO Annex 9, which requires States to
establish a National Aviation Plan in preparation for an outbreak of a communicable
disease posing a public health or public health emergency of International concern.

3.4 Article 14 of ICAO requires each State to take effective measures to prevent the
spread of communicable diseases by means of air navigation and requires States to
keep in close consultation with the agencies concerned with International Regulations
relating to sanitary measures applicable to aircraft.

3.5 The aim of the Aviation Pandemic Preparedness Plan is to mitigate the risk of a
pandemic at a population level, as well as that of the travellers and crew on board an
aircraft and mitigate the financial impact from a pandemic.

3.6 The overall aim being that of ensuring availability, continuity and sustainability of
critical air transport services.

3.7 The DOT undertakes to coordinate the development of the Aviation Pandemic
Preparedness Plan and to ensure the Integration of the plan into the National
Pandemic Preparedness Plan prepared by the DOH

3.8 The DOT has a duty to comply with the Standards and Recommended Practices of
ICAO, as prescribed by the Annexes 6,9,11 and 14 and to comply with the
requirements of the International Health Regulations of 2005

3.9 The DOT will coordinate its activities in terms of this agreement through the SACAA
Aviation Medicine Division. For the purpose of this MOU, the SACAA/AVMED

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 reference will acknowledge the Medical Department as a single DOH focal for its
work within the Memorandum

3.10 The MOU establishes a framework for liaison between the DOT and the DOH with
the aim of ensuring the effective coordination of policy issues, coordination and
investigation within their respective responsibilities to ensure aviation safety, and the
implementation of the Aviation Preparedness Pan, the National Pandemic
Preparedness Plan and International Health Regulations.

3.11 The Memorandum of Understanding describes the scope of the DOT responsibilities,
for safety of crew and passengers and seeks to differentiate the overlapping safety
and health responsibilities of the DOT and the DOH. Also included in this is the
reference to the CAA Aviation Medicine Department which has a strategic health
component but it should be noted that responsibility for its ICAO compliance is
retained by the Department of Transport.

3.12 Under the Memorandum of Understanding, both the DOT and the DOH are committed
to a close co-operation to minimise duplication of regulatory efforts and to avoid any
conflict between regulatory requirements where both authorities have an interest.

3.13 Interface between the SACAA and DOH may arise in many instances, including but
not limited to:

3.13.1 the regulation of safety of aerodromes

3.13.2 training of crew
3.13.3 communication (media); and
3.13.4 health and safety of aircrew and passengers

3.14 It is the responsibility of every individual at management level of both departments to

adopt an intelligent, open and expeditious approach to achieve effective liaison
between the DOT and DOH. This will involve discussions at the working level to
agree how the statutory requirements, and the standards issued under them should
be interpreted in particular circumstances and to determine ways in reconciling any
differences that may arise. Reference to high level of management may be necessary
in some cases.

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4. COMMENCEMENT AND DURATION

4.1 The terms and conditions of this agreement shall enter into force on the
signature date and will endure, subject to clause 4.2 below, for an indefinite

period.

4.2 Notwithstanding clause 4.1 above, either party may terminate this agreement
by giving the other party not less than sixty (60) days written notice of
termination.

4.3 Termination of this agreement will have the effect of relieving the parties of
their respective obligations under the agreement and neither party shall be entitled
to any compensation or damages as a result of such termination, unless such
obligations accrued to the other party before termination.

5. SCOPE OF AGREEMENT

Incorporation of the Aviation Pandemic Preparedness Plan into the National Epidemic
Preparedness and Response

Incorporation of the following IHR Articles(24,25,27,28.30,31,32,35,36,38,40,41,43 and

46) and Annex 1B,4,5 and 9 into the Aviation Pandemic Preparedness Plan.

This agreement shall apply in respect of ICAO Annex 9, which requires States to
establish a National Aviation Plan in preparation for an outbreak of a communicable
disease posing a public health or public health emergency of International concern.

6. WARRANTIES

The Department of Health warrants that:-

It has, within the National Institute of Commutable Diseases/Ports Health and Disease
Surveillance ensure the implementation of International Health Regulations(2005-Article 3),
which stated that States in accordance with the Charter of the United Nations and the
principles of international law, the sovereign right to legislate and to implement legislation in
pursuance of their health policies. In doing so they should uphold the purpose of these
Regulations.

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7. RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH

In preparation for a suspected case of communicable disease, the Department of

Health undertake to –

7.1 Adopts and oversee and implement the revised International Health Regulations (2005) in

accordance with the purpose and scope set out in Article 2 and the principles

embodied in Article 3

7.2 Incorporation of the Aviation Pandemic Preparedness Plan into the National

Pandemic Preparedness Plan.

7.3 Appointment or designation of a National IHR Focal Point and authorities

responsible for implementation of these measures under the regulations; and

7.4. Identification of the National IHR Focal Points and WHO IHR Contact Points for urgent

communication between State Parties and WHO;and

7.5 Ensure availability of competent authorities or designated personnel at airports

and;

7.6 Develop training plan of IHR awareness of WHO phases of influenza phases for airport
public health officials; and

7.7 Develop airport standard operating procedure reflects compliance with the International

Health Regulations; and

7.8 Ensure that all Health Part of the Aircraft Declaration are completed and delivered to

the competent authority (Article 38);and

7.9 Ensure that aircraft shall not be refused free pratique by States Parties for public
health reasons; in particular they shall not be prevented from embarking or
disembarking, discharging or loading cargo or stores, or taking on fuel, water, food and
supplies.

7.10 Ensure when there is a suspected case of communicable disease that no traveler on
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 board the aircraft shall leave its vicinity and no cargo shall be removed from that vicinity,

unless authorized by the competent authority(Article 28); and

7.11 Informs the competent authority of the point of entry when managing a suspected
travelers under public observation ( Article 30)

7.12 May compel the traveler to undergo minimal invasive examinations, vaccines or
quarantine, isolation or under public health observation.

7.13 Were a traveler is isolated or quarantined, provide appropriate accommodation, clothing

protection of baggage and appropriate medical treatment.

7.14 Ensure that there are no conditions on board that could constitute a public health
risk (Article 27(3b).

7.15 Isolation of the aircraft, as necessary, to prevent the spread of disease, such

additional measures should be reported to the National IHR Focal Point (Article

27).

7.16 Disinfect, decontaminate, disinfect or derat the aircraft, as appropriate, or cause

these measures to be carried out under its supervision (Article 27); and

7.17 Ensure that travelers are not subjected to invasive medical examination, vaccination or
other prophylaxis health as a measure relating to entry of travelers except when in the
following conditions:

a) when necessary to determine whether a public health risk exist

b) as a condition of entry for any traveler seeking temporary or permanent residence.

c) as a condition of entry for travelers pursuant to Article 43, 23 or Article 6 and 7;and

7.18 Ensure that travelers in possession of certificate of vaccine issued in conformity of

Annex 6 and 7 ,are not denied entry as a consequence of disease which the certificate
refers, even when coming from an affected area unless if competent authority has
verified that vaccination not inffective(Annex 36)

7.19 Strengthen the national disease surveillance, prevention, control and response systems
(Article 5).

7.20 Provide reliable information on the risk, severity and progression of the pandemic and

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 the effectiveness of interventions during the pandemic (Article 13, 12).

7.21 Designation of appropriate ambulances and medical facilities hospitals &

Laboratories), public and private able to manage suspected communicable diseases.

7.22 Provision of Anti-Virals during outbreak and development of health promotion material.

7.23 Ensure continuous communication with WHO during an outbreak/pandemic (Article

43).

7.24 Maintain confidentiality of the medical data; and

7.26 Play a central role in the implementation of Food Control Regulations to prevent food
borne diseases ;and

7.27 Ensure that the water source to the aircrafts is infection free and conduct ongoing
monitoring of the water supply chain (Article 58);and

7.28 Determine/define measures to be used for entrance and exit screening during a
pandemic; and

7.29. Engage the Defence Force to assist in the implementation of screening at airports
during a pandemic ;and

7.30 Except tor travelers seeking temporary or permanent residence, ensure travelers are
not charged for medical examinations, vaccination, isolation or quarantine provided on
arrival that is not a published requirement or published less than 10 days.

7.31 Were charges are made, ensure conformity of the tariff and not exceed the cost of the
service.

8. RESPONSIBILITIES OF THE DEPARTMENT OF TRANSPORT

The Department of Transport undertakes to –

8.1 Compile and develop the National Aviation Pandemic Preparedness Plan (NAPP) in

compliance with Article 14 of the Convention and Annex 9 of ICAO;

8.2 Develop regulations and technical standards meet ICAO Standards and Recommended

Practices (Part 64, 91,121,139);and

8.3 Development a Memorandum of Understanding between South African Civil Aviation

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 Authority and Department of Health; and

8.4 Establishment of the Aviation Preparedness Committee

8.5 Continuous revision of the NAPP to ensure that the State’s meets its obligations and is

consistent with National Pandemic Preparedness Plan of the Department of Health; and

8.6 Clearly define roles and responsibilities of stakeholders involved in aviation; and

8.7 Provide strategic guidance and technical support to stakeholders related to the

implementation of the CAPSCA project.

8.8 Development, promotion, production and dissemination of suitable training materials that
can be used in the training of persons concerned with the implementation of the
NAPP(Simulation Exercise)

8.9 Ensure that there is effective strategies to secure compliance with aviation pandemic
preparedness standards;

8.10 Coordinate and conducted inspections to ensure compliance.

8.11 Collation, analysis and dissemination of information on any related information to the
pandemic preparedness planning.

8.12 Continuous monitoring and evaluation of the implementation of the plan.

9. INDEMNITY

Each party indemnifies the other party against, and holds it harmless from any claim,
changes expenses or damage which may be instituted or suffered by any person,
including legal costs on an attorney and client scale incurred, as a result or in
consequence of services rendered by that particular party in respect of the safety
oversight of the operations and maintenance of the aircraft concerned, in terms of this
agreement, or otherwise from any failure to render anything safe whatsoever, unless a
party proves gross contributory negligence (including omissions) or intent on the part
of the other party.

10. ENTIRE AGREEMENT AND AMENDMENT

This agreement contains the full and complete understanding between the parties and
supersedes all prior arrangements and understandings whether written or oral

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 appertaining to the subject matter of this agreement and may not be amended or
varied except by an instrument or document in writing signed by the parties.

11. ASSIGNMENT

Neither party may assign or transfer this agreement or any part thereof, without the
prior written consent of the other party, to a third party.

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12. NOTICES

12.1 All notices required to be given hereunder shall be deemed to have been sufficiently
given if sent by mail addressed as set out below or to such other address as may be
designated by either party by written notice to the other, or by facsimile at the numbers
provided here below:

SACAA

Ikhaya Lokundiza 1 Private Bag X 73

Building 16 Treur Close Halfway House
Waterfall Park 1685
Bekker Street
Midrand
Fax no: 011 – 545 1181

DEPARTMENT OF HEALTH

……………………………… …………………………
……………………………… …………………………
……………………………… …………………………
……………………………… …………………………
……………………………… …………………………

12.2. Notice will be deemed given:

12.2.1 in the case of hand delivery, upon written acknowledgment or receipt by an

officer or other duly authorised employee, agent or representative of the
receiving party;

12.2.2 in the case of a facsimile, twenty four (24) hours after successful
transmission.

12.2.3. seven (7) days after posting, if posted by registered post to the party’s
address in terms of this clause.

13. SECRECY AND CONFIDENTIALITY

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13.1 Each party shall (and procure that its advisors shall), at all times keep the
contents of this agreement confidential and shall keep confidential any information
which it has acquired or may acquire in relation to the services to be rendered in terms of this
agreement:

13.1.1 which is publicly available or becomes publicly available through no act

or default of any such party; or

13.1.2 which was in the possession of a party prior to its disclosure otherwise than as
a result of any breach by such party of any obligation of confidentiality owed to
any other parties whether pursuant to this agreement or otherwise; or

13.1.3 which is disclosed to a party by a third party which did not acquire the
information under an obligation of confidentiality; or

13.1.4 which is independently acquired by such party as a result of work carried

out by a person to whom no disclosure of such information has been
made;

13.1.5 and shall not use or disclose such information except with the consent of
the other parties to whom such information relates or in accordance with an
order of a court of competent jurisdiction or in order to comply with any law or
governmental regulations by which any party concerned is bound or as may be
requested by any governmental authority.

14. FORCE MAJEURE

14.1 Neither party shall be held liable for or in respect of any loss or damage or
deemed to be in default for any delay or failure in performance of its obligations
under this agreement resulting from force majeure circumstances. Such
circumstances shall include but not be limited to war, riot, usurped power, civil
commotion, fire, industrial dispute, strikes, acts of God, acts of Government, acts
of public enemy, boycott, embargo or form of strike, explosions, failure of communications
system, default of carrier or any cause or other circumstances beyond the control of the
parties.

14.2 The party pleading force majeure shall notify the other party of the
circumstances constituting the same and of the obligations that are affected and
will take every reasonable measure to minimise the delays or inconvenience arising there
from.

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14.3 If the force majeure circumstances persist for more than twenty-one (21) days after
the initial notification by the party pleading force majeure, either party may serve the
other party with a seven (7) days notice of termination of the agreement.

DONE AND SIGNED AT ON THE DAY OF 2009.

AS WITNESSES

1.

2.
MR. COLIN JORDAAN FOR AND ON
BEHALF OF SACAA

DONE AND SIGNED AT ON THE DAY OF 2009.

AS WITNESSES

1.

2.
……………………. FOR AND ON
BEHALF OF DOH

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