AIRCRAFT DISINSECTION RULES: THE ITALIAN APPROACH

In 2024 the measures applicable to the disinsection of aircraft landing in Italy have been the subject matter of several communications issued by Italian Health Ministry due to the outbreak of Dengue virus, after Covid19 pandemics and the measures implemented back in 2016 for Zika. Albeit the various communications, Italian disinsection rules show certain challenges in interpretation and application.

1. BACKGROUND

Italy implemented the International Health Regulations (“IHR”) back in 1982 (Law no. 106/1982), establishing the regulations to prevent, protect, control and provide a public health response to the international spread of diseases, providing specific measures for vector-borne diseases, including the aircrafts’ disinsection.

With respect to civil aviation, Italy had already adhered to the Convention on International Civil Aviation (“ICAO”), which, under Annex 9, provides for a mechanics aimed at certifying the proper performance of aircraft disinsection (Legislative Decree no. 616/1948).

In the above context, on 21 September 2012 the Italian Aviation Authority (“ENAC”) issued the “EAL Circular 10”, which provides that, in order to obtain in Italy the relevant certification to land in Italy, the aircrafts need to be disinsected by companies, authorised under Law no. 82/1994, in full compliance with the recommended procedures, methods and substances for disinsection published on WHO’s official website.

Italy has not derogated from the general WHO’s recommendations, which allow the use of permethrin in aircraft disinsection within specific threshold and limits – to this end paragraph 2.3.4. of “National Plan for the prevention, surveillance and response to Arbovirosis (PNA) 2020-2025” provides that: “Aircraft arriving at domestic airports, regardless of where they come from, must have obtained a residual disinsection certificate, in accordance with Annex 9 of the Convention of the International Civil Aviation Organization – ICAO, and the provisions of EAL Circular 10 of September 21, 2012”.

ICAO Convention provides for a “mutual recognition principle”, by which if disinsection is performed in an ICAO contracting State in accordance with procedures recommended by WHO, the ICAO contracting State of arrival of the aircraft shall accept the disinsection certification already obtained there.

The Italian competent Authorities are the Health Ministry and the Transport Ministry.

2. THE COMMUNICATION OF ITALIAN HEALTH MINISTRY OF 14 FEBRUARY 2024

On 14 February 2024 the Italian Health Ministry issued a very relevant communication addressed to its local Health Offices located at Italian airports and ports.

Namely it emphasized that, due to the spread of Dengue virus in certain countries, the disinsection is required for every aircraft arriving in Italy that has, within the last 28 days prior to arriving in Italy, flown through a country identified by WHO as a source of the target diseases/vectors (in the case at hand, as said, the Dengue virus).

Such “28 days measure” is expressly set out in paragraph 2.3.4. of the “National Plan for the prevention, surveillance and response to Arbovirosis (PNA) 2020-2025” (implemented in November 2019 and also mentioned in the Communication issued on 14 February 2024): “A waiver of the requirement to submit the above certificate [i.e. the certificate of residual disinsection] is permitted only where there is evidence, beyond doubt, that the aircraft does not originate from and has not carried out flight operations from areas affected by arboviruses and areas where the vector Aedes aegypti is present during the 28 days preceding the stopover on Italian airports”. Indeed such “28 days measures” was already implemented back in summer 2016 on the occasion of the Zika outbreak.

As a consequence:

1. Aircraft arriving in Italy from at-risk countries must have a valid “residual disinsection certificate”, which is valid for 8 weeks. So, as long as the certificate is valid, the “residual disinsection” should not be repeated.
2. Nonetheless, by way of specific exception to the obligation under a), if the aircraft arriving (directly or indirectly) in Italy from at-risk countries does not have the “8 weeks” certificate, then the aircraft must undergo an exceptional disinsection procedure “pre-embarkation, pre-departure, pre-departure cargo holds, or on arrival (cabin or lower cargo holds)”. Such procedure does not amount to a full “residual disinsection” and it is valid just for the subsequent flight. Thus, the certificate under a) is not issued.
3. In case under b) and in addition to the process mentioned above, upon the arrival of the aircraft in Italy from at-risk countries, the Italian authorities must order full residual disinsection of the aircraft with a view to obtaining the relevant 8 weeks certificate. Such disinsection must occur either:
   • in Italy, prior to the subsequent departure from our country; or
   • abroad, if the aircraft re-enters in Italy within 28 days from the first arrival in our country (i.e., in 28 days as of the order of the Authority).
4. THE COMMUNICATION ISSUED BY ITALIAN HEALTH MINISTRY ON 1 AUGUST 2024

On 1 August 2024, the Health Ministry issued an additional communication, by which it stressed that whereas residual disinsection remains the method of choice on board aircraft in terms of effectiveness against arbovirosis vectors, and without prejudice to the priority of protecting public health as well as safety against crew and passenger exposure to the biocidal substances used for disinsection, the option of disinsection (pre-embarkation) is granted where it is not possible for airlines to carry out residual disinsection. Such treatment must be carried out before passengers boarding the aircraft and in accordance with the WHO procedure described in the document “WHO aircraft disinsection methods and procedures, 2nd ed“. This procedure should be recorded in the aircraft’s general declaration (ICAO Appendix 1 of Annex 9), with identifying details of the aerosol devices used, keeping them on board (fully or partially used), for possible inspection by USMAF Authorities on arrival.

4. RISK OF CRIMINAL SANCTIONS

In case of defaulted compliance with the regulations on disinsection, article 650 of the Italian criminal code shall apply. This article states that whoever fails to comply with a measure lawfully provided by a public agency for reasons of justice or public safety, or public order or hygiene, shall be punished, if the act does not constitute a more serious offense, by imprisonment of up to three months or a fine of € 206.

In addition to that, article 321 of the code of criminal procedure shall apply, allowing the seizure of the airplane with a view to preventing the consequences or the crime.  This is a general protection measure which would be cancelled after the disinsection is duly performed.