infectious substances24
and patient specimens by all modes of transport, both nationally and internationally, and include the changes that apply from 1 January 2005.25
The WHO regulations categorically state that The Technical Instructions for the Safe Transport of Dangerous Goods by Air published by ICAO are the legally binding international regulations.26
IATA Dangerous Goods Regulations (DGR) that incorporate the ICAO provisions and may add further restrictions (where necessary such restrictions are included in these guidelines). The ICAO rules apply on all international .ights. For national .ights, i.e. .ights within one country, national civil aviation authorities apply national legislation. This is nor-mally based on the ICAO provisions, but may incorporate variations. State and operator variations are published in the ICAO Technical Instructions and in the IATA Dangerous Goods Regulations. The WHO guidelines also contain detailed packing instructions regarding infectious substances.27
A Special Sub Committee of the Legal Committee of ICAO met in Montreal from 3 to 6 July 2007 to discuss the preparation of one or more instruments addressing new and emerging threats. One of the issues addressed at this meeting was the unlawful transport of biological, chemical, nuclear weapons and other dangerous substances on board aircraft.
Earlier, the Secretary General of ICAO, Dr. Taieb Cherif, addressing the China Civil Aviation Development Forum on 9 May 2007, stated that although the global air transport system remains as secure as ever, yet events such as the illegal terrorist plot in the United Kingdom in the Summer of 2006, potentially involving liquids
24For the purposes of transport, infectious substances are de.ned as substances which are known or are reasonably expected to contain pathogens. Pathogens are de.ned as microorganisms (including bacteria, viruses, rickettsia, parasites, fungi) and other agents such as prions, which can cause disease in humans or animals. The de.nition is applied to all specimens except those explicitly excluded in the WHO Guidance Material.
25The international regulations for the transport of infectious substances by any mode of transport are based upon the Recommendations made by the Committee of Experts on the Transport of Dangerous Goods (UNCETDG), a committee of the United Nations Economic and Social Council. The Recommendations are presented in the form of Model Regulations. The United Nations Model Regulations are re.ected in international law through international modal agreements.
26Technical Instructions for the Safe Transport of Dangerous Goods by Air: Supplement 2009/10
Edition (Doc 9284). 27The system of packaging is recommended for use all infectious substances. It consists of three layers as follows: Primary receptacle – which is a primary watertight, leak-proof receptacle containing the specimen. The receptacle is packaged with enough absorbent material to absorb all .uid in case of breakage. Secondary packaging – which is a second durable, watertight, leak-proof packaging to enclose and protect the primary receptacle(s). Several cushioned primary receptacles may be placed in one secondary packaging, but suf.cient additional absorbent material shall be used to absorb all .uid in case of breakage. Outer packaging – which are secondary packagings placed in outer shipping packagings with suitable cushioning material. Outer packa-gings protect their contents from outside in.uences, such as physical damage, while in transit. The smallest overall external dimension shall be 10 cm x 10 cm. Each completed package is normally required to be marked, labelled and accompanied with appropriate shipping documents (as applicable). Special Sub Committee on the Preparation of One or More Instruments Addressing New and Emerging Threats, Introductory Note, LC/SC-NET-WP/1, 29/05/07 at p. 6.
C. Emerging Threats
used as explosives, reminds us how vulnerable the system is. On another aviation
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