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https:\/\/apps.who.int\/gb\/inb\/pdf_files\/inb7\/A_INB7_3-en.pdf<\/a><\/p>\n

 <\/p>\n

SEVENTH MEETING OF THE INTERGOVERNMENTAL
\nNEGOTIATING BODY TO DRAFT AND NEGOTIATE
\nA WHO CONVENTION, AGREEMENT OR OTHER
\nINTERNATIONAL INSTRUMENT ON PANDEMIC
\nPREVENTION, PREPAREDNESS AND RESPONSE A\/INB\/7\/3
\nProvisional agenda item 2 30 October 2023
\nProposal for negotiating text
\nof the WHO Pandemic Agreement
\nA\/INB\/7\/3
\n2
\nContents
\nChapter I. Introduction …………………………………………………………………………………………………………………… 5
\nArticle 1. Use of terms …………………………………………………………………………………………………………… 5
\nArticle 2. Objective and scope ………………………………………………………………………………………………… 6
\nArticle 3. General principles and approaches…………………………………………………………………………….. 7
\nChapter II. The world together equitably: Achieving equity in, for and through pandemic prevention,
\npreparedness and response ……………………………………………………………………………………….. 8
\nArticle 4. Pandemic prevention and public health surveillance ……………………………………………………. 8
\nArticle 5. One Health …………………………………………………………………………………………………………….. 9
\nArticle 6. Preparedness, readiness and resilience ……………………………………………………………………… 10
\nArticle 7. Health and care workforce ……………………………………………………………………………………… 11
\nArticle 8. Preparedness monitoring and functional reviews……………………………………………………….. 12
\nArticle 9. Research and development……………………………………………………………………………………… 12
\nArticle 10. Sustainable production …………………………………………………………………………………………… 14
\nArticle 11. Transfer of technology and know-how …………………………………………………………………….. 15
\nArticle 12. Access and benefit-sharing …………………………………………………………………………………….. 16
\nArticle 13. Global Supply Chain and Logistics………………………………………………………………………….. 18
\nArticle 14. Regulatory strengthening ……………………………………………………………………………………….. 20
\nArticle 15. Compensation and liability management ………………………………………………………………….. 20
\nArticle 16. International collaboration and cooperation………………………………………………………………. 21
\nArticle 17. Whole-of-government and whole-of-society approaches at the national level ……………….. 21
\nArticle 18. Communication and public awareness ……………………………………………………………………… 22
\nArticle 19. Implementation capacities and support …………………………………………………………………….. 22
\nArticle 20. Financing …………………………………………………………………………………………………………….. 23
\nChapter III. Institutional arrangements and final provisions ………………………………………………………………. 24
\nArticle 21. Conference of the Parties ……………………………………………………………………………………….. 24
\nArticle 22. Right to vote…………………………………………………………………………………………………………. 26
\nArticle 23. Reports to the Conference of the Parties …………………………………………………………………… 26
\nArticle 24. Secretariat ……………………………………………………………………………………………………………. 26
\nArticle 25. Relationship with other international agreements and instruments ……………………………….. 27
\nArticle 26. Reservations …………………………………………………………………………………………………………. 27
\nArticle 27. Withdrawal…………………………………………………………………………………………………………… 27
\nArticle 28. Amendments ………………………………………………………………………………………………………… 28
\nArticle 29. Annexes ………………………………………………………………………………………………………………. 28
\nArticle 30. Protocols ……………………………………………………………………………………………………………… 28
\nArticle 31. Signature ……………………………………………………………………………………………………………… 29
\nArticle 32. Ratification, acceptance, approval, formal confirmation or accession …………………………… 29
\nA\/INB\/7\/3
\n3
\nArticle 33. Entry into force …………………………………………………………………………………………………….. 30
\nArticle 34. Settlement of disputes ……………………………………………………………………………………………. 30
\nArticle 35. Depositary……………………………………………………………………………………………………………. 30
\nArticle 36. Authentic texts ……………………………………………………………………………………………………… 30
\nA\/INB\/7\/3
\n4
\nThe Parties to the WHO Pandemic Agreement,
\n1. Recognizing that the World Health Organization is fundamental to strengthening pandemic
\nprevention, preparedness and response, as it is the directing and coordinating authority on international
\nhealth work,
\n2. Recalling the Constitution of the World Health Organization, which states that the enjoyment of
\nthe highest attainable standard of health is one of the fundamental rights of every human being without
\ndistinction of race, religion, political belief, economic or social condition,
\n3. Recognizing that the international spread of disease is a global threat with serious consequences
\nfor lives, livelihoods, societies and economies that calls for the widest possible international cooperation
\nin an effective, coordinated, appropriate and comprehensive international response, while reaffirming
\nthe principle of sovereignty of States Parties in addressing public health matters,
\n4. Noting with concern that the coronavirus disease (COVID-19) pandemic revealed serious
\nshortcomings in preparedness at national and global levels for the timely and effective prevention and
\ndetection of, and response to, health emergencies,
\n5. Deeply concerned by the gross inequities at national and international levels that hindered timely
\nand equitable access to medical and other COVID-19 pandemic-related products, notably vaccines,
\noxygen supplies, personal protective equipment, diagnostics and therapeutics,
\n6. Recognizing the critical role of whole-of-government and whole-of-society approaches at country
\nand community levels, and the importance of international, regional and cross-regional collaboration,
\ncoordination and global solidarity in achieving sustainable improvements in pandemic prevention,
\npreparedness and response,
\n7. Recognizing the importance of ensuring political commitment, resourcing and attention across
\nsectors for pandemic prevention, preparedness and response,
\n8. Reaffirming the importance of multisectoral collaboration at national, regional and international
\nlevels to: safeguard human health; detect and prevent health threats at the animal and human interface,
\nzoonotic spill-over and mutations; and sustainably balance and optimize the health of people, animals
\nand ecosystems in a One Health approach,
\n9. Reiterating the need to work towards building and strengthening resilient health systems, with
\nskilled and trained health and care workers, to advance universal health coverage and to adopt an
\nequitable approach to mitigate the risk that pandemics exacerbate existing inequities in access to health
\nservices,
\n10. Recognizing that the protection of intellectual property rights is important for the development of
\nnew medical products, and recalling that intellectual property rights do not, and should not, prevent
\nMember States from taking measures to protect public health, and further recognizing concerns about
\nthe effects of intellectual property rights on prices,
\n11. Underscoring the importance of promoting the early, safe, transparent and rapid sharing of
\nsamples and genetic sequence data of pathogens with pandemic potential, as well as the fair and
\nequitable sharing of benefits arising therefrom, taking into account relevant national and international
\nlaws, regulations, obligations and frameworks, including the International Health Regulations, the
\nA\/INB\/7\/3
\n5
\nConvention on Biological Diversity and the Nagoya Protocol on Access to Genetic Resources and the
\nFair and Equitable Sharing of Benefits Arising from their Utilization, and the Pandemic Influenza
\nPreparedness Framework, and also mindful of the work being undertaken in other relevant areas and by
\nother United Nations entities and multilateral organizations or agencies,
\n12. Acknowledging that pandemic prevention, preparedness and response at all levels and in all
\nsectors, particularly in developing countries, require predictable, sustainable and sufficient financial,
\nhuman, logistic and technical resources, and that unequal development across countries in the promotion
\nof health and control of disease, especially communicable disease, is a common danger that requires
\nsupport through international collaboration,
\n13. Noting the adoption of the Political Declaration of the United Nations General Assembly
\nHigh-level Meeting on Pandemic Prevention, Preparedness and Response, during the 78th session of the
\nUnited Nations General Assembly, which affirms the need to prioritize equity and respect for human
\nrights and strengthen pandemic prevention, preparedness and response capacities,
\nHave agreed as follows:
\nChapter I. Introduction
\nArticle 1. Use of terms
\nFor the purposes of the WHO Pandemic Agreement:
\n(a) \u201cgenetic sequences\u201d means the order of nucleotides identified in a molecule of DNA or
\nRNA. They contain the genetic information that determines the biological characteristics of an
\norganism or a virus;
\n(b) \u201cgenomics\u201d means the study of the total or part of the genetic or epigenetic sequence
\ninformation of organisms and attempts to understand the structure and function of these sequences
\nand downstream biological products. Genomics in health examines molecular mechanisms and
\nthe interplay of this molecular information, health interventions and environmental factors in
\ndisease;
\n(c) \u201cinfodemic\u201d means too much information, false or misleading information, in digital and
\nphysical environments during a disease outbreak. It causes confusion and risk-taking behaviours
\nthat can harm health. It also leads to mistrust in health authorities and undermines public health
\nand social measures;
\n(d) \u201cOne Health approach\u201d means an integrated, unifying approach that aims to sustainably
\nbalance and optimize the health of people, animals and ecosystems. It recognizes that the health
\nof humans, domestic and wild animals, plants and the wider environment (including ecosystems)
\nis closely linked and interdependent. The approach mobilizes multiple sectors, disciplines and
\ncommunities at varying levels of society to work together to foster well-being and tackle threats
\nto health and ecosystems, while addressing the collective need for clean water, energy and air,
\nsafe and nutritious food, taking action on climate change, and contributing to sustainable
\ndevelopment;
\n(e) \u201cpandemic\u201d means the global spread of a pathogen or variant that infects human
\npopulations with limited or no immunity through sustained and high transmissibility from person
\nto person, overwhelming health systems with severe morbidity and high mortality and causing
\nA\/INB\/7\/3
\n6
\nsocial and economic disruptions, all of which requires effective national and global collaboration
\nand coordination for its control;
\n(f) \u201cpandemic-related products\u201d means products that are needed for pandemic prevention,
\npreparedness and response, which may include, without limitation, diagnostics, therapeutics,
\nmedicines, vaccines, personal protective equipment, syringes and oxygen;
\n(g) \u201cParty\u201d means a State or regional economic integration organization that has consented to
\nbe bound by this Agreement, in accordance with its terms, and for which this Agreement is in
\nforce;
\n(h) \u201cpathogen with pandemic potential\u201d means any pathogen that has been identified to infect
\nhumans and that is potentially highly transmissible, capable of wide, uncontrollable spread in
\nhuman populations, and highly virulent, making it likely to cause significant morbidity and\/or
\nmortality in humans;
\n(i) \u201cpersons in vulnerable situations\u201d means individuals, groups or communities with a
\ndisproportionate increased risk of infection, severity, disease or mortality in the context of a
\npandemic, including vulnerability due to discrimination on the basis of race, colour, sex,
\nlanguage, religion, political or other opinion, national or social origin, property, birth or other
\nstatus;
\n(j) \u201crecipient\u201d means receivers of WHO Pathogen Access and Benefit-Sharing (WHO PABS)
\nMaterial from the WHO coordinated laboratory network, such as manufacturers of vaccines,
\ndiagnostics, pharmaceuticals and other products relevant to pandemic prevention, preparedness
\nand response, as well as biotechnology firms, research institutions and academic institutions. Any
\nmanufacturer that enters into any contracts or formal agreements with recipients or laboratories
\nin the WHO coordinated network for the purpose of using WHO PABS Material on the
\nmanufacturer\u2019s behalf for commercialization, public use or regulatory approval of that
\nmanufacturer\u2019s vaccines, diagnostics or pharmaceuticals shall also be considered a recipient for
\npurposes of this Agreement;
\n(k) \u201cuniversal health coverage\u201d means that all people have access to the full range of quality
\nhealth services they need, when and where they need them, without financial hardship. It covers
\nthe full continuum of essential health services, from health promotion to prevention, treatment,
\nrehabilitation and palliative care;
\n(l) \u201cWHO coordinated laboratory network\u201d means the international network of laboratories,
\ncoordinated by WHO, that conduct year-round surveillance of pathogens with pandemic potential,
\nassessing the risk of an emerging pathogen with pandemic potential and assisting in pandemic
\npreparedness measures; and
\n(m) \u201cWHO PABS Material\u201d means a pathogen with pandemic potential, as defined herein, and
\nthe genetic sequence data of such pathogens with pandemic potential.
\nArticle 2. Objective and scope
\n1. The objective of the WHO Pandemic Agreement, guided by equity, the right to health and the
\nprinciples and approaches set forth herein, is to prevent, prepare for and respond to pandemics, with the
\naim of comprehensively and effectively addressing the systemic gaps and challenges that exist in these
\nareas, at national, regional and international levels.
\nA\/INB\/7\/3
\n7
\n2. In furtherance of its objective, the WHO Pandemic Agreement applies at all times.
\nArticle 3. General principles and approaches
\nTo achieve the objective of the WHO Pandemic Agreement and to implement its provisions, the
\nParties will be guided, inter alia, by the general principles and approaches set forth below.
\n1. Respect for human rights \u2013 The implementation of this Agreement shall be with full respect for
\nthe dignity, human rights and fundamental freedoms of persons.
\n2. Sovereignty \u2013 States have, in accordance with the Charter of the United Nations and the general
\nprinciples of international law, the sovereign right to legislate and to implement legislation in pursuance
\nof their health policies.
\n3. Equity \u2013 Equity is at the centre of pandemic prevention, preparedness and response, both at the
\nnational level within States and at the international level between States. It requires, inter alia, specific
\nmeasures to protect persons in vulnerable situations. Equity includes the unhindered, fair, equitable and
\ntimely access to safe, effective, quality and affordable pandemic-related products and services,
\ninformation, pandemic-related technologies and social protection.
\n4. Responsibility \u2013 Governments have a responsibility for the health of their peoples, and effective
\npandemic prevention, preparedness and response require global collective action.
\n5. Recognition of different levels of capacity \u2013 Countries have varying levels of pandemic
\nprevention, preparedness and response capacities, which presents a common danger such that support
\nto countries with capacity needs is required, within the means and resources available.
\n6. Solidarity \u2013 Effective national, international, multilateral, bilateral and multisectoral
\ncollaboration, coordination and cooperation to achieve the common interest of a safer, fairer, more
\nequitable and better prepared world to prevent, respond to and recover from pandemics.
\n7. Transparency \u2013 The effective prevention of, preparedness for and response to pandemics
\ndepends on the transparent, open and timely sharing of, access to and disclosure of accurate information,
\ndata and other relevant elements that may come to light, for risk assessment, prevention and control
\nmeasures, and the research and development of pandemic-related products and services, including
\nreports on sales revenues, prices, units sold, marketing costs and subsidies and incentives, consistent
\nwith national, regional and international privacy and data protection rules, regulations and laws.
\n8. Accountability \u2013 States are accountable for strengthening and sustaining their health systems\u2019
\ncapacities and public health functions to provide adequate public health and social measures by adopting
\nand implementing legislative, executive, administrative and other measures for fair, equitable, effective
\nand timely pandemic prevention, preparedness and response. States are accountable to provide specific
\nmeasures to protect persons in vulnerable situations.
\n9. Inclusiveness \u2013 The full and active engagement with, and participation of, communities and
\nrelevant stakeholders across all levels, consistent with relevant and applicable international and national
\nguidelines, rules and regulations, including those relating to conflicts of interest, is essential to mobilize
\nsocial capital, resources and adherence to public health and social measures, and to gain trust in
\ngovernments and partners supporting pandemic prevention, preparedness and response.
\nA\/INB\/7\/3
\n8
\n10. Science and evidence \u2013 The best available science and evidence should inform and be the basis
\nfor pandemic prevention, preparedness and response, as well as public health decisions and development
\nof plans.
\n11. Proportionality \u2013 Public health decisions for preventing, preparing for and responding to
\npandemics should be proportionate in a manner consistent with Article 2 of the International Health
\nRegulations.
\n12. Privacy, data protection and confidentiality \u2013 Implementation of this Agreement shall respect
\nthe right to privacy, including as such right is established under international law, and shall be consistent
\nwith each Party\u2019s national laws and international obligations regarding confidentiality, privacy and data
\nprotection, as applicable.
\nChapter II. The world together equitably: Achieving equity in, for and through
\npandemic prevention, preparedness and response
\nArticle 4. Pandemic prevention and public health surveillance
\n1. The Parties shall cooperate with one another, in bilateral, regional and multilateral settings, in the
\ndevelopment and strengthening of pandemic prevention and public health surveillance capacities.
\n2. The Parties should take actions to strengthen multisectoral, coordinated data interoperability and
\nsupport the adoption of relevant international data standards in the development of pandemic prevention
\nand public health surveillance capacities, with particular regard to the strengthening of developing
\ncountries\u2019 capacities.
\n3. The Parties shall cooperate, with the support of the WHO Secretariat, to strengthen and maintain
\npublic health laboratory and diagnostic capacities, especially in respect of the capacity to perform
\ngenetic sequencing, data science to assess the risks of detected pathogens and to safely handle samples
\ncontaining pathogens, and the use of related digital tools.
\n4. Each Party shall develop, strengthen, implement, periodically update and review comprehensive
\nmultisectoral national pandemic prevention and public health surveillance plans that are consistent with
\nand supportive of the effective implementation of the International Health Regulations. To this end, each
\nParty shall, in accordance with its capabilities:
\n(a) develop, strengthen and maintain capacity to: (i) detect, identify and characterize pathogens
\npresenting significant risks; and (ii) conduct risk assessments of such pathogens and vector-borne
\ndiseases to prevent spill-over in human and animal populations and cause serious diseases leading
\nto pandemic situations;
\n(b) strengthen efforts to ensure access to safe water, sanitation and hygiene, including in hard-
\nto-reach settings in the Party\u2019s territory;
\n(c) ensure the implementation of effective infection prevention and control measures, applying
\nas far as possible the applicable international standards and guidelines;
\n(d) strengthen efforts to ensure the sound management of wastes from health facilities and
\nrequire health care institutions to have in place a regularly updated infection prevention and
\ncontrol programme;
\nA\/INB\/7\/3
\n9
\n(e) strengthen animal disease preventive measures and monitor and mitigate environmental
\nfactors associated with the risk of zoonotic disease spill-over and spill-back;
\n(f) strengthen laboratory biosafety and biosecurity, including in research facilities, in order to
\nprevent the accidental exposure, misuse or inadvertent laboratory release of pathogens, through
\nbiosecurity training and practices, regulating access to sensitive locations and strengthening
\ntransportation security and cross-border transfer, in accordance with applicable rules and
\nstandards; and
\n(g) take actions to prevent outbreaks due to pathogens that are resistant to antimicrobial agents,
\nand, in accordance with national context, develop and implement a national One Health action
\nplan that includes an antimicrobial resistance component.
\n5. Each Party shall develop, strengthen and maintain capacity to carry out integrated public health
\nsurveillance, including in respect of infectious diseases in humans, and animals that present significant
\nrisks of zoonotic diseases spill-over.
\nArticle 5. One Health
\n1. The Parties commit to promote and implement a One Health approach for pandemic prevention,
\npreparedness and response that is coherent, integrated, coordinated and collaborative among all relevant
\nactors, with the application of, and in accordance with, national law.
\n2. The Parties shall promote and enhance synergies between multisectoral and transdisciplinary
\ncollaboration at the national level and cooperation at the international level, in order to identify and
\nconduct risk assessments at the interface between human, animal and environment ecosystems, while
\nrecognizing their interdependence, and with applicable sharing of the benefits, per the terms of
\nArticle 12 herein.
\n3. The Parties commit to identify and address the drivers of pandemics and the emergence and re-
\nemergence of disease at the human-animal-environment interface through the identification and
\nintegration of interventions into relevant pandemic prevention, preparedness plans, and, where
\nappropriate, according to national legislation and capacity, through the strengthening of synergies with
\nother relevant instruments.
\n4. Each Party shall, in accordance with national context and to the extent necessary, protect human,
\nanimal and plant health by:
\n(a) implementing science-based actions, including but not limited to: improving infection
\nprevention and control measures; antimicrobial research and development; access to and
\nstewardship of antimicrobials; and harmonization of surveillance, in order to prevent, reduce the
\nrisk of, and prepare for, pandemics;
\n(b) fostering and implementing actions at national and community levels that encompass
\nwhole-of-government and whole-of-society approaches to control zoonotic outbreaks, including
\nthrough the engagement of communities in surveillance to identify zoonotic outbreaks;
\n(c) taking a One Health approach into account in order to produce science-based evidence,
\nincluding that which is related to social and behavioural sciences, and risk communication and
\ncommunity engagement; and
\nA\/INB\/7\/3
\n10
\n(d) promoting or establishing One Health joint training and continuing education programmes
\nfor human, animal and environmental health workforces, needed to build complementary skills,
\ncapacities and capabilities to prevent, detect, control and respond to pandemic health threats.
\n5. The Parties commit to develop, within the framework of relevant institutions, international norms
\nand guidelines to prevent zoonoses.
\n6. Pursuant to Article 21 herein, the Conference of the Parties shall develop appropriate modalities
\nto address the measures set forth in Articles 4 and 5 of this Agreement.
\n7. The Parties shall, in line with Article 16 herein, develop and implement or strengthen, as
\nappropriate, bilateral, regional, subregional and other multilateral channels to enhance financial and
\ntechnical support, assistance and cooperation, in particular in respect of developing countries, to
\nstrengthen surveillance systems and laboratory capacity in respect of promoting and implementing a
\nOne Health approach at the national level.
\nArticle 6. Preparedness, readiness and resilience
\n1. Each Party shall continue to strengthen its health system, including primary health care, for
\nsustainable pandemic prevention, preparedness and response, taking into account the need for equity
\nand resilience, with a view to the progressive realization of universal health coverage.
\n2. Each Party shall, in accordance with applicable laws, including, where appropriate, the
\nInternational Health Regulations, adopt policies, strategies and\/or measures, as appropriate, and
\nstrengthen and reinforce public health functions for:
\n(a) the continued provision of quality routine and essential health services during pandemics;
\n(b) sustaining and strengthening the capacities of the multidisciplinary workforce needed
\nduring interpandemic periods, and preparing for and ensuring surge capacity during pandemics;
\n(c) collaborative surveillance, outbreak detection, investigation and control, through
\ninteroperable early warning and alert systems, and timely notification;
\n(d) multisectoral prevention of zoonoses, epidemic-prone diseases and emerging, growing or
\nevolving public health threats with pandemic potential, notably at the human-animal-environment
\ninterface;
\n(e) the development of rehabilitation and post-pandemic health system recovery strategies;
\n(f) strengthening public health laboratory and diagnostic capacities, and national, regional and
\nglobal networks, through the application of standards and protocols for public health laboratory
\nbiosafety and biosecurity;
\n(g) creating and maintaining up-to-date, universal, interconnected platforms and technologies
\nfor early detection, forecasting and timely information sharing, through appropriate capacities,
\nincluding building digital health and data science capacities;
\n(h) creating and strengthening public health institutions at national, regional and international
\nlevels;
\nA\/INB\/7\/3
\n11
\n(i) strengthening public health emergency operations centres\u2019 capacities during interpandemic
\nand pandemic periods; and
\n(j) strengthening infection prevention and control.
\n3. The Parties shall cooperate, within available means and resources, to provide financial, technical
\nand technological support, assistance, capacity-strengthening and cooperation, in particular in respect
\nof developing countries, in order to strengthen health emergency prevention, preparedness and response
\nand health system recovery, consistent with the goal of universal health coverage.
\n4. The Parties shall establish, building on existing arrangements as appropriate, genomics, risk
\nassessment and laboratory networks in order to conduct surveillance and sharing of emerging pathogens
\nwith pandemic potential, pursuant to the terms and modalities established in Article 12 herein.
\nArticle 7. Health and care workforce
\n1. Each Party, in line with its respective capacities, shall take the necessary steps to safeguard,
\nprotect, invest in and sustain a skilled, trained, competent and committed health and care workforce,
\nwith the aim of increasing and sustaining capacities for pandemic prevention, preparedness and
\nresponse, while maintaining quality essential health services and essential public health functions during
\npandemics. To this end, each Party shall, in accordance with national law:
\n(a) strengthen, pre-, in- and post-service competency-based education and training,
\ndeployment, remuneration, distribution and retention of the public health, health and care
\nworkforce, including community health workers and volunteers;
\n(b) address gender and youth disparities and inequalities and security concerns within the
\npublic health, health and care workforce, particularly in health emergencies, to support the
\nmeaningful representation, engagement, participation, empowerment, safety and well-being of all
\nhealth and care workers, while addressing discrimination, stigma and inequality and eliminating
\nbias, including unequal remuneration, and noting that women still often face significant barriers
\nto reaching leadership and decision-making roles;
\n(c) strengthen efforts to address the safety of the health and care workforce, including by
\nensuring priority access to pandemic-related products during pandemics, minimizing disruptions
\nto the delivery of good quality essential health services, and developing and integrating effective
\nmeasures to prevent and address violence and threats against health and care workers, their means
\nof transport and equipment, as well as hospitals and other medical facilities, when preventing and
\nresponding to pandemics; and
\n(d) establish and maintain effective workforce planning systems to effectively and efficiently
\ndeploy trained health and care workers during pandemics.
\n2. The Parties shall commit financial and technical support, assistance and cooperation, in particular
\nin respect of developing countries, in order to strengthen and sustain a skilled and competent public
\nhealth, health and care workforce at subnational, national and regional levels.
\n3. The Parties shall invest in establishing, sustaining, coordinating and mobilizing a skilled and
\ntrained multidisciplinary global public health emergency workforce that is deployable to support Parties
\nupon request, based on public health need, in order to contain outbreaks and prevent the escalation of a
\nsmall-scale spread to global proportions.
\nA\/INB\/7\/3
\n12
\n4. The Parties shall develop a network of training institutions, national and regional facilities, and
\ncentres of expertise to strengthen and sustain a skilled and competent public health, health and care
\nworkforce at subnational, national and regional levels.
\nArticle 8. Preparedness monitoring and functional reviews
\n1. Each Party shall, in accordance with national laws and in the light of national context, develop
\nand implement comprehensive, inclusive, multisectoral, resourced national plans and strategies for
\npandemic prevention, preparedness and response and health system recovery.
\n2. Each Party shall assess, no less than every five years, with technical support from the WHO
\nSecretariat upon request, the functioning and readiness of, and gaps in, its pandemic preparedness,
\nsurveillance and multisectoral response capacity, logistics and supply chain management, and risk
\nassessment, and shall support the conduct of, inter alia, appropriate simulation or tabletop exercises, and
\nintra- and after-action reviews, based on the relevant tools and guidelines developed by WHO in
\npartnership with relevant organizations.
\n3. The Parties shall, building on existing tools, develop and implement an inclusive, transparent,
\neffective and efficient pandemic prevention, preparedness and response monitoring and evaluation
\nsystem.
\n4. The Parties shall establish, no later than 31 December 2026, a global peer review mechanism to
\nassess pandemic prevention, preparedness and response capacities and gaps, as well as levels of
\nreadiness, with the aim of promoting and supporting learning among Parties, best practices, actions and
\naccountability, at the national, regional and global levels, to strengthen national health emergency
\npreparedness and readiness capacities.
\nArticle 9. Research and development
\n1. The Parties shall cooperate to build, strengthen and sustain geographically diverse capacities and
\ninstitutions for research and development, particularly in developing countries, and shall promote
\nresearch collaboration and access to research through open science approaches for the rapid sharing of
\ninformation and results.
\n2. To this end, the Parties shall promote:
\n(a) sustained investment in the research and development of public health priorities, including
\nfor pandemic-related products, aimed at improving equitable access to and delivery of such
\nproducts, and support for national and regional research institutions that can rapidly adapt and
\nrespond to research and development needs in case of a pandemic;
\n(b) technology co-creation and joint venture initiatives, actively engaging the participation of
\nand collaboration among scientists and\/or research centres, particularly from developing
\ncountries;
\n(c) participation of relevant stakeholders, consistent with applicable biosafety and biosecurity
\nobligations, laws, regulations and guidance, to accelerate innovative research and development,
\nincluding community-led and cross-sector collaboration, for addressing emerging and
\nre-emerging pathogens with pandemic potential; and
\nA\/INB\/7\/3
\n13
\n(d) knowledge translation and evidence-based communication tools, strategies and
\npartnerships relating to pandemic prevention, preparedness and response, including infodemic
\nmanagement, at local, national, regional and international levels.
\n3. The Parties shall, in accordance with national laws and regulatory frameworks and contexts, take
\nsteps to develop and sustain strong, resilient and appropriately resourced, national, regional and
\ninternational research capabilities. To this end, the Parties shall:
\n(a) increase clinical trial capacities, including by:
\n(i) building and maintaining a skilled research workforce and infrastructure, as
\nappropriate;
\n(ii) strengthening clinical trial policy frameworks, particularly in developing countries;
\n(iii) investing in the infrastructure and training of clinical research networks and the
\ncoordination of clinical trials through existing, new or expanded clinical trial networks,
\nincluding in developing countries, to be prepared to provide timely and appropriate
\nresponses to pandemics; and
\n(iv) identifying and researching supply chain needs to rapidly mount and scale research
\nresponses during pandemic emergencies.
\n(b) ensure that clinical trials have equitable representation, considering racial, ethnic and
\ngender diversity across the life cycle, and are designed to help to address geographical,
\nsocioeconomic and health disparities, to promote a better understanding of the safety and efficacy
\nof pandemic-related products for population subgroups;
\n(c) promote the sharing of information on national research agendas, including research and
\ndevelopment priorities during pandemic emergencies, capacity-building activities and best
\npractices on efficient and ethical clinical trials, including through the WHO Global Observatory
\non Health Research and Development;
\n(d) strengthen international coordination and collaboration in respect of clinical trials, through
\nexisting or new mechanisms, to support well-designed and well-implemented clinical trials;
\n(e) develop national policies to support the transparent, public sharing of clinical trial protocols
\nand results conducted either within their territories or through partnerships with other Parties,
\nsuch as through open access publications, while protecting privacy and health identifiers; and
\n(f) support new and existing mechanisms to facilitate the rapid reporting and interpretation of
\ndata from clinical trials, to develop or modify, as necessary, relevant clinical trial guidelines,
\nincluding during a pandemic.
\nA\/INB\/7\/3
\n14
\n4. Each Party shall, in accordance with national laws and considering the extent of public funding
\nprovided, publish the terms of government-funded research and development agreements for pandemic-
\nrelated products, including information on:
\n(a) research inputs, processes and outputs, including scientific publications and data
\nrepositories, with data shared and stored securely in alignment with findability, accessibility,
\ninteroperability and reusability principles;
\n(b) the pricing of end-products, or pricing policies for end-products;
\n(c) licensing to enable the development, manufacturing and distribution of pandemic-related
\nproducts, especially in developing countries; and
\n(d) terms regarding affordable, equitable and timely access to pandemic-related products
\nduring a pandemic.
\nArticle 10. Sustainable production
\n1. The Parties, with a view to achieving a more equitable geographical distribution of the global
\nproduction of pandemic-related products, and increasing timely, fair and equitable access to safe,
\neffective, quality and affordable pandemic-related products, thereby reducing the potential gap between
\nsupply and demand at the time of a pandemic, shall:
\n(a) take measures to identify and maintain production facilities at national and regional levels,
\nas well as to facilitate the production, as appropriate, and in furtherance of the provisions of
\nArticle 13 herein, of pandemic-related products therein;
\n(b) take measures to identify and contract with manufacturers other than those referenced in
\nparagraph 1(a) of this Article, for scaling up the production of pandemic-related products, during
\npandemics, in cases where the production and supply capacity of the production facilities does
\nnot meet demand;
\n(c) strengthen coordination with relevant international organizations, including United Nations
\nentities, on issues related to public health, intellectual property and trade, including the timely
\nmatching of supply to demand and mapping manufacturing capacities and demand;
\n(d) encourage entities, including manufacturers within their respective jurisdictions, in
\nparticular those that receive significant public financing, to grant, subject to any existing licensing
\nrestrictions, on mutually agreed terms, non-exclusive, royalty-free licences to any manufacturers,
\nparticularly from developing countries, to use their intellectual property and other protected
\nsubstances, products, technology, know-how, information and knowledge used in the process of
\npandemic-related product development and production, in particular for pre-pandemic and
\npandemic diagnostics, vaccines and therapeutics for use in agreed developing countries;
\n(e) actively support, participate in and\/or implement, as appropriate, relevant WHO
\ntechnology, skills and know-how transfer programmes and initiatives aimed at enabling
\ndeveloping countries to produce pandemic-related products, in order to facilitate strategically and
\ngeographically distributed production of pandemic-related products; and
\nA\/INB\/7\/3
\n15
\n(f) support public and private sector investments aimed at creating or expanding
\nmanufacturing facilities for pandemic-related products, especially facilities with a regional
\noperational scope that are based in developing countries.
\n2. Each Party shall initiate or strengthen, as appropriate, the conduct of disease burden studies
\nrelevant to pathogens with pandemic potential, with a view to ensuring the sustainability of investments
\nin facilities for the production of vaccines and therapeutics that could support pandemic response.
\n3. Each Party, in addition to the undertakings in paragraph 2 of this Article, shall:
\n(a) encourage research and development institutes and manufacturers, in particular those
\nreceiving significant public financing, to waive or manage, for a limited duration, royalties on the
\nuse of their technology for the production of pandemic-related products;
\n(b) promote the publication, by private rights holders, of the terms of licensing agreements or
\ntechnology transfer agreements for pandemic-related products; and
\n(c) promote the voluntary licensing and transfer of technology and related know-how for
\npandemic-related products by private rights holders with established regional or global
\ntechnology transfer hubs or other multilateral mechanisms or networks.
\nArticle 11. Transfer of technology and know-how
\n1. The Parties, within a set time frame, working through the Conference of the Parties, shall
\nstrengthen existing, and develop innovative, multilateral mechanisms, including through the pooling of
\nknowledge, intellectual property and data, that promote the transfer of technology and know-how for
\nthe production of pandemic-related products, on mutually agreed terms as appropriate, to manufacturers,
\nparticularly in developing countries.
\n2. The Parties shall:
\n(a) coordinate with, collaborate with, facilitate and incentivize the manufacturers of
\npandemic-related products to transfer relevant technology and know-how to manufacturer(s) on
\nmutually agreed terms as appropriate, including through technology transfer hubs and product
\ndevelopment partnerships, and to address the need to develop new pandemic-related products in
\na short time frame;
\n(b) make available non-exclusive licensing of government-owned technologies, on mutually
\nagreed terms as appropriate, for the development and manufacturing of pandemic-related
\nproducts, and publish the terms of these licences;
\n(c) make use of the flexibilities provided in the Agreement on Trade-Related Aspects of
\nIntellectual Property Rights (TRIPS Agreement), including those recognized in the Doha
\nDeclaration on the TRIPS Agreement and Public Health and in Articles 27, 30 (including the
\nresearch exception and \u201cBolar\u201d provision), 31 and 31bis of the TRIPS Agreement, and fully
\nrespect the use thereof by others;
\n(d) collaborate to ensure equitable and affordable access to health technologies that promote
\nthe strengthening of national health systems and mitigate social inequalities;
\nA\/INB\/7\/3
\n16
\n(e) develop a database that provides the details of pandemic-related products for all known
\npandemic-potential diseases, including the technological specifications and manufacturing
\nprocess documents for each product; and
\n(f) provide, within their capabilities, resources to support capacity-building for the
\ndevelopment and transfer of relevant technology, skills and know-how, and to facilitate access to
\nother sources of support.
\n3. During pandemics, each Party shall, in addition to the undertakings in paragraph 2 of this Article:
\n(a) commit to agree upon, within the framework of relevant institutions, time-bound waivers
\nof intellectual property rights to accelerate or scale up the manufacturing of pandemic-related
\nproducts to the extent necessary to increase the availability and adequacy of affordable pandemic-
\nrelated products;
\n(b) encourage all holders of patents related to the production of pandemic-related products to
\nwaive or manage, as appropriate, for a limited duration, the payment of royalties by developing
\ncountry manufacturers on the use, during the pandemic, of their technology for the production of
\npandemic-related products, and shall require, as appropriate, those that have received public
\nfinancing for the development of pandemic-related products to do so; and
\n(c) encourage manufacturers within its jurisdiction to share undisclosed information, in
\naccordance with paragraph 2 of Article 39 of the TRIPS Agreement, with qualified third-party
\nmanufacturers when the withholding of such information prevents or hinders urgent manufacture
\nby qualified third parties of a pharmaceutical product that is necessary to respond to the pandemic.
\n4. The Parties shall, with a view to effective pandemic response, when engaged in bilateral or
\nregional trade or investment negotiations, take steps so that the negotiated provisions do not interfere
\nwith the full use of the flexibilities provided in the TRIPS Agreement, including those recognized in the
\nDoha Declaration on the TRIPS Agreement and Public Health.
\nArticle 12. Access and benefit sharing
\n1. The Parties hereby establish a multilateral system for access and benefit sharing, on an equal
\nfooting, the WHO Pathogen Access and Benefit-Sharing System (WHO PABS System), to ensure rapid
\nand timely risk assessment and facilitate rapid and timely development of, and equitable access to,
\npandemic-related products for pandemic prevention, preparedness and response.
\n2. The WHO PABS System shall ensure rapid, systematic and timely sharing of WHO PABS
\nMaterial, as well as, on an equal footing, timely, effective, predictable and equitable access to pandemic-
\nrelated products, and other benefits, both monetary and non-monetary, based on public health risks and
\nneeds, to strengthen pandemic prevention, preparedness and response.
\n3. The Parties shall implement the WHO PABS System:
\n(a) in a manner to strengthen, expedite and not impede research and innovation;
\n(b) at all times, both during and between pandemics;
\n(c) in a manner to ensure mutual complementarity with the Pandemic Influenza Preparedness
\nFramework; and
\nA\/INB\/7\/3
\n17
\n(d) with governance and review mechanisms, to be determined by the Conference of the
\nParties.
\n4. The WHO PABS System shall have the following components:
\n(a) WHO PABS Materials sharing:
\n(i) Each Party, through its relevant public health authorities and authorized laboratories,
\nshall, in a rapid, systematic and timely manner: (1) provide WHO PABS Material to a
\nlaboratory recognized or designated as part of an established WHO coordinated laboratory
\nnetwork; and (2) upload the genetic sequence of such WHO PABS Material to one or more
\npublicly accessible database(s) of its choice, provided that the database has put in place an
\nappropriate arrangement in respect of WHO PABS Materials.
\n(ii) The WHO PABS System shall be consistent with international legal frameworks,
\nnotably those for the collection of patient specimens, material and data, and will promote
\nfindable, accessible, interoperable and reusable data available to all Parties.
\n(iii) The Parties shall develop and use a Standard Material Transfer Agreement (a PABS
\nSMTA), which may be concluded through electronic means, and which shall include
\nrelevant biosafety and biosecurity rules, to be used with the transfer of WHO PABS
\nMaterials from a laboratory recognized or designated as part of an established WHO
\ncoordinated laboratory network to any Recipient.
\n(iv) Recipients of WHO PABS Material shall not seek to obtain any intellectual rights
\non WHO PABS Material.
\n(b) PABS multilateral benefit sharing:
\n(i) Benefits, both monetary and non-monetary, arising from access to WHO PABS
\nMaterials, shall be shared fairly and equitably, pursuant to a PABS SMTA, which may be
\nconcluded through electronic means.
\n(ii) The PABS SMTAs shall include, but not be limited to, the following monetary and
\nnon-monetary benefit-sharing obligations:
\n(a) in the event of a pandemic, real-time access by WHO to a minimum of 20%
\n(10% as a donation and 10% at affordable prices to WHO) of the production of safe,
\nefficacious and effective pandemic-related products for distribution based on public
\nhealth risks and needs, with the understanding that each Party that has manufacturing
\nfacilities that produce pandemic-related products in its jurisdiction shall take all
\nnecessary steps to facilitate the export of such pandemic-related products, in
\naccordance with timetables to be agreed between WHO and manufacturers; and
\n(b) on an annual basis, contributions from Recipients, based on their nature and
\ncapacity, to the capacity development fund of the sustainable funding mechanism
\nestablished in Article 20 herein.
\nA\/INB\/7\/3
\n18
\n(c) The Parties shall also consider additional benefit-sharing options, including:
\n(i) encouraging manufacturers from developed countries to collaborate with
\nmanufacturers from developing countries through WHO initiatives to transfer technology
\nand know-how and strengthen capacities for the timely scale-up of production of pandemic-
\nrelated products;
\n(ii) tiered-pricing or other cost-related arrangements, such as no loss\/no profit loss
\narrangements, for purchase of pandemic-related products, that consider the income level of
\ncountries; and
\n(iii) encouraging of laboratories in the WHO coordinated laboratory network to actively
\nseek the participation of scientists from developing countries in scientific projects
\nassociated with research on WHO PABS Materials.
\n5. In the event that pandemic-related products are produced by a manufacturer that does not have a
\nPABS SMTA under the WHO PABS System, it shall be understood that the production of
\npandemic-related products requiring the use of WHO PABS Materials, implies the use of the WHO
\nPABS System. Accordingly, each Party, in respect of such a manufacturer operating within its
\njurisdiction, shall take all appropriate steps, in accordance with its relevant laws and circumstances, to
\nrequire such a manufacturer to provide benefits in accordance with paragraph 4(b)(ii) of this Article.
\n6. The Parties shall develop a mechanism to ensure the fair and equitable allocation of pandemic-
\nrelated products, based on public health risks and needs.
\n7. The Parties shall ensure that all components of the WHO PABS System are operational no later
\nthan 31 May 2025. The Parties shall review the operation and functioning of the WHO PABS System
\nevery five years.
\n8. The Parties shall ensure that the WHO PABS System is consistent with, supportive of and does
\nnot run counter to the objectives of the Convention on Biological Diversity and the Nagoya Protocol on
\nAccess to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their
\nUtilization thereto. The WHO PABS System will provide certainty and legal clarity to the providers and
\nusers of WHO PABS Materials. The WHO PABS System shall be recognized as a specialized
\ninternational access and benefit-sharing instrument within the meaning of paragraph 4 of Article 4 of
\nthe Nagoya Protocol.
\nArticle 13. Global Supply Chain and Logistics Network
\n1. The WHO Global Supply Chain and Logistics Network (the WHO SCL Network) is hereby
\nestablished. The WHO SCL Network will operate within the framework of WHO, in partnership and
\ncollaboration with relevant international, regional and other organizations, and be guided by equity and
\npublic health needs, paying particular attention to the needs of developing country Parties.
\n2. The Conference of the Parties shall develop guidelines on modalities and collaboration for the
\nWHO SCL Network, which shall be aimed at ensuring close consultation among Parties and that
\nfunctions are discharged by the organizations best placed to perform them.
\nA\/INB\/7\/3
\n19
\n3. The Parties shall support the WHO SCL Network\u2019s development and operationalization and
\nparticipate in the WHO SCL Network, including through sustaining it at all times. The terms of the
\nWHO SCL Network shall include:
\n(a) estimating, or, where possible, determining, the most likely types and size\/volume of
\nproducts needed for robust pandemic prevention, preparedness and response, including the costs
\nand logistics for establishing and maintaining strategic stockpiles of such products;
\n(b) assessing the anticipated demand for, mapping the sources of and maintaining a dashboard
\nof manufacturers and suppliers, including surge capacities and relevant necessary raw materials,
\nfor the sustainable production of pandemic-related products;
\n(c) identifying the most efficient multilateral and regional purchasing mechanisms, including
\npooled mechanisms;
\n(d) working with national authorities to establish and maintain national and\/or regional
\nstockpiles of various pandemic response-related products, as well as maintaining the relevant
\nlogistic capacities and assessing them at regular intervals, and specifying the criteria to ensure
\nthat stockpiling is used only to address public health needs;
\n(e) facilitating the negotiation and agreement of advance purchase commitments and
\nprocurement contracts for pandemic-related products;
\n(f) promoting transparency in cost, pricing and all other relevant contractual terms along the
\nsupply chain;
\n(g) coordinating to avoid competition for resources among procuring entities, including
\nregional organizations and\/or mechanisms;
\n(h) mapping existing, and identifying needed, delivery and distribution options;
\n(i) establishing or operationalizing, as appropriate, international or regional stockpiles,
\nconsolidation hubs and staging areas;
\n(j) assisting buying countries in meeting the logistic requirements for the utilization of specific
\npandemic-related products; and
\n(k) facilitating or, as necessary, organizing the efficient delivery and appropriate utilization of
\npandemic-related products in beneficiary countries or in humanitarian settings.
\n4. Each Party shall take appropriate measures to reduce waste of pandemic-related products,
\nincluding through the exchange and\/or donation of products in order to maximize their use, while taking
\naccount of the needs of recipient countries.
\n5. Each Party shall, at the earliest reasonable opportunity and in accordance with applicable laws,
\nmake publicly available online the terms of government-funded purchase agreements for
\npandemic-related products in those instances in which the Party is directly entering into such purchase
\nagreements.
\nA\/INB\/7\/3
\n20
\n6. Each Party shall, in its government-funded purchase agreements for pandemic-related products,
\nto the fullest extent possible and in accordance with applicable laws, exclude confidentiality provisions
\nthat serve to limit the disclosure of terms and conditions.
\n7. The Parties recognize that any emergency trade measures in the event of a pandemic shall be
\ntargeted, proportionate, transparent and temporary, and do not create unnecessary barriers to trade or
\nunnecessary disruptions in supply chains.
\n8. The Parties shall commit to ensure rapid and unimpeded access of humanitarian relief personnel,
\nas well as their means of transport, supplies and equipment, in accordance with international
\nhumanitarian law, and to respect the principles of humanity, neutrality, impartiality and independence
\nfor the provision of humanitarian assistance.
\n9. The Parties shall enable inclusive, equitable and effective cooperation and participation, and shall
\ntake all appropriate measures to undertake the foregoing no later than 31 May 2025.
\nArticle 14. Regulatory strengthening
\n1. The Parties shall strengthen their national and regional regulatory authorities, including through
\ntechnical assistance, with the aim of expediting regulatory approvals and authorizations and ensuring
\nthe quality, safety and efficacy of pandemic-related products.
\n2. The Parties shall align and, where possible, harmonize technical and regulatory requirements and
\nprocedures, in accordance with applicable international standards, guidance and protocols, including
\nthose covering regulatory reliance and mutual recognition, and share relevant information and
\nassessments concerning the quality, safety and efficacy of pandemic-related products with other Parties.
\n3. The Parties shall, as appropriate, monitor, regulate and strengthen rapid alert systems against
\nsubstandard and falsified pandemic-related products.
\n4. Each Party shall, in accordance with relevant laws, publicly disclose information on national and,
\nif applicable, regional processes for authorizing or approving use of pandemic-related products, and any
\nadditional relevant regulatory pathways for such pandemic-related products that may be activated during
\na pandemic to increase efficiency, and update such information in a timely manner.
\n5. Each Party shall take steps to ensure that it has the legal, administrative and financial frameworks
\nin place to support emergency regulatory approvals for the effective and timely regulatory approval of
\npandemic-related products during a pandemic.
\n6. Each Party shall, in accordance with relevant laws, encourage manufacturers to generate relevant
\ndata, contribute to the development of common technical documents, and diligently pursue regulatory
\nauthorizations and\/or approvals of pandemic-related products with WHO listed authorities, other
\npriority authorities and WHO.
\nArticle 15. Compensation and liability management
\n1. Each Party shall develop national strategies for managing liability risks in its territory regarding
\nthe manufacturing, distribution, administration and use of novel vaccines developed in response to
\npandemics. Strategies may include, inter alia, the development of model contract provisions, vaccine
\ninjury compensation mechanisms, insurance mechanisms, policy frameworks and principles for the
\nA\/INB\/7\/3
\n21
\nnegotiation of procurement agreements and\/or the donation of novel vaccines developed in response to
\npandemics, and building expertise for contract negotiations in this matter.
\n2. The Conference of the Parties shall establish, within two years of the entry into force of the WHO
\nPandemic Agreement, using existing relevant models as a reference, no-fault vaccine injury
\ncompensation mechanism(s), with the aim of promoting access to financial remedy for individuals
\nexperiencing serious adverse events resulting from a pandemic vaccine, as well as more generally
\npromoting pandemic vaccine acceptance. The Conference of the Parties shall further develop the
\nmechanism(s), which may be regional and\/or international, including strategies for funding the
\nmechanism(s), through the modalities provided for in Article 20 herein.
\n3. Each Party shall endeavour to ensure that, in contracts for the supply or purchase of novel
\npandemic vaccines, buyer\/recipient indemnity clauses, if any, are exceptionally provided and are time-
\nbound.
\nArticle 16. International collaboration and cooperation
\n1. The Parties shall collaborate and cooperate with competent international and regional
\nintergovernmental organizations and other bodies, as well as among themselves, in the formulation of
\ncost-effective measures, procedures and guidelines for pandemic prevention, preparedness and response.
\n2. The Parties shall:
\n(a) promote global, regional and national political commitment, coordination and leadership
\nfor pandemic prevention, preparedness and response;
\n(b) support mechanisms that ensure that policy decisions are science- and evidence-based;
\n(c) develop, as necessary, and implement policies that respect, protect and fulfil the human
\nrights of all people;
\n(d) promote equitable representation on the basis of gender, geographical and socioeconomic
\nstatus, as well as the equal and meaningful participation of young people and women;
\n(e) assist developing countries through multilateral and bilateral partnerships that focus on
\ndeveloping capacities for effectively addressing health needs for pandemic prevention,
\npreparedness and response in line with the provisions set forth in Article 19 herein; and
\n(f) encourage ceasefires in affected countries during pandemics to promote global cooperation
\nagainst common global threats.
\nArticle 17. Whole-of-government and whole-of-society approaches at the national level
\n1. The Parties are encouraged to adopt whole-of-government and whole-of-society approaches,
\nincluding to empower and ensure community ownership of, and contribution to, community readiness
\nfor and resilience to pandemic prevention, preparedness and response.
\n2. Each Party shall, in keeping with national capacities, establish, implement and adequately finance
\nan effective national coordinating multisectoral mechanism.
\nA\/INB\/7\/3
\n22
\n3. Each Party shall, in accordance with national context, promote the effective and meaningful
\nengagement of communities, civil society and other relevant stakeholders, including the private sector,
\nas part of a whole-of-society approach in decision-making, implementation, monitoring and evaluation,
\nand shall also provide effective feedback opportunities.
\n4. Each Party shall develop, in accordance with national context, comprehensive national pandemic
\nprevention, preparedness and response plans pre-, post- and interpandemic that, inter alia:
\n(a) identify and prioritize populations for access to pandemic-related products and health
\nservices;
\n(b) support the timely and scalable mobilization of the multidisciplinary surge capacity of
\nhuman and financial resources, and facilitate the timely allocation of resources to the frontline
\npandemic response;
\n(c) review the status of stockpiles and the surge capacity of essential public health and clinical
\nresources, and surge capacity in the production of pandemic-related products;
\n(d) facilitate the rapid and equitable restoration of public health capacities and routine and
\nessential health services following a pandemic; and
\n(e) promote collaboration with relevant stakeholders, including the private sector and civil
\nsociety.
\n5. Each Party, based on national capacities, shall take the necessary steps to address the social,
\nenvironmental and economic determinants of health, and the vulnerability conditions that contribute to
\nthe emergence and spread of pandemics, and shall prevent or mitigate the socioeconomic impacts of
\npandemics.
\n6. Each Party shall take appropriate measures to strengthen national public health and social policies
\nto facilitate a rapid, resilient response to pandemics, especially for persons in vulnerable situations,
\nincluding by mobilizing social capital in communities for mutual support.
\nArticle 18. Communication and public awareness
\n1. The Parties shall strengthen science, public health and pandemic literacy in the population, as
\nwell as access to information on pandemics and their effects and drivers, and combat false, misleading,
\nmisinformation or disinformation, including through effective international collaboration and
\ncooperation as referred to in Article 16 herein.
\n2. The Parties shall, as appropriate, conduct research and inform policies on factors that hinder
\nadherence to public health and social measures in a pandemic and trust in science and public health
\ninstitutions.
\n3. The Parties shall promote and apply a science- and evidence-informed approach to effective and
\ntimely risk assessment and public communication.
\nArticle 19. Implementation capacities and support
\n1. The Parties shall cooperate, directly or through competent international bodies, to strengthen their
\ncapacity to fulfil the obligations arising from this Agreement, taking into account especially the needs
\nA\/INB\/7\/3
\n23
\nof developing country Parties. Such cooperation shall promote the transfer of technical, scientific and
\nlegal expertise and technology, as mutually agreed, to establish and strengthen the sustainable pandemic
\nprevention, preparedness and response capacities of all Parties.
\n2. Each Party shall, within the means and resources at their disposal, cooperate to raise financial
\nresources for the effective implementation of the WHO Pandemic Agreement through bilateral and
\nmultilateral funding mechanisms.
\n3. The Parties shall give particular consideration to the specific needs and special circumstances of
\ndeveloping country Parties for financial and technical assistance to support the implementation of this
\nAgreement.
\n4. The Parties shall, where a Party lacks the necessary capacity to implement specific provision(s)
\nof this Agreement, work together to identify the most relevant partner(s) that can support the
\ndevelopment of such capacities, and shall cooperate to ensure that the mechanism(s) identified in
\nArticle 20 herein provides the necessary financial resources.
\nArticle 20. Financing
\n1. The Parties commit to sustainable financing for strengthening pandemic prevention, preparedness
\nand response. In this regard, each Party, within the means and resources at its disposal, shall:
\n(a) cooperate with other Parties, as appropriate, to raise sustainable financial resources for the
\neffective implementation of this Agreement through bilateral and multilateral, regional or
\nsubregional funding mechanisms;
\n(b) plan and provide adequate financial support, in line with national fiscal capacities,
\nfor: (i) strengthening and sustaining capacities for pandemic prevention, preparedness and
\nresponse; (ii) implementing national plans, programmes and priorities; and (iii) strengthening
\nhealth systems and the progressive realization of universal health coverage for pandemic
\nprevention, preparedness and response;
\n(c) prioritize and increase or maintain, including through greater collaboration between the
\nhealth, finance and private sectors, as appropriate, domestic funding for pandemic prevention,
\npreparedness and response;
\n(d) mobilize financial resources for international cooperation and assistance in respect of
\npandemic prevention, preparedness and response, in accordance with its capacities and based on
\nthe principle of solidarity, particularly for developing countries, including through international
\norganizations and existing and new mechanisms; and
\n(e) provide support and assistance to other Parties, upon request, to facilitate the containment
\nof spill-over at the source.
\n2. A sustainable funding mechanism shall be established by the Conference of the Parties no later
\nthan 31 December 2026. The mechanism shall ensure the provision of adequate, accessible, new and
\nadditional and predictable financial resources, and shall include the following:
\n(a) A capacity development fund that shall be resourced, inter alia, through the following:
\n(i) annual monetary contributions from Parties to the WHO Pandemic Agreement;
\nA\/INB\/7\/3
\n24
\n(ii) monetary contributions from recipients pursuant to Article 12 herein; and
\n(iii) voluntary monetary contributions from Parties to the WHO Pandemic Agreement.
\n(b) An endowment for pandemic prevention, preparedness and response, resourced, inter alia,
\nthrough the following:
\n(i) voluntary monetary contributions from all relevant sectors that benefit from
\ninternational work to strengthen pandemic prevention, preparedness and response; and
\n(ii) donations from philanthropic organizations and foundations, and other voluntary
\nmonetary contributions.
\n(c) The funding mechanism will provide resources to assist Parties, in particular developing
\ncountries, in meeting their obligations under the WHO Pandemic Agreement and related activities
\nfor pandemic prevention, preparedness and response. The funding mechanism will contribute to
\nfunding support of the Secretariat of the WHO Pandemic Agreement.
\n(d) For the purposes of this Agreement, the mechanism shall function under the authority of
\nthe Conference of the Parties, and shall be accountable thereto. The Conference of the Parties
\nshall further define and provide guidance on overall strategies, policies, programme priorities and
\neligibility for access to and utilization of financial resources, including in respect of the
\ncompensation mechanism(s) referred to in Article 15 herein, and shall also monitor outcomes and
\naddress the operation and resourcing of the funding mechanism, with due regard to the avoidance
\nof conflicts of interest.
\n3. The Parties represented in relevant regional and international intergovernmental organizations
\nand financial and development institutions shall encourage, as appropriate, these entities to provide
\nadditional financial assistance for developing country Parties to support them in meeting their
\nobligations under the WHO Pandemic Agreement, without limiting their participation in or membership
\nof these organizations.
\nChapter III. Institutional arrangements and final provisions
\nArticle 21. Conference of the Parties
\n1. A Conference of the Parties is hereby established. The Conference of the Parties shall be
\ncomprised of delegates representing the Parties to the WHO Pandemic Agreement. Only delegates
\nrepresenting Parties will participate in any of the decision-making of the Conference of the Parties. The
\nConference of the Parties shall establish the criteria for the participation of observers at its proceedings.
\n2. With the aim of promoting the coherence of the Conference of the Parties and the Health
\nAssembly, as well as coherence in respect of relevant instruments and mechanisms within the framework
\nof the World Health Organization, the Conference of the Parties shall operate in coordination with the
\nHealth Assembly. In particular, the Conference of the Parties shall hold its regular sessions immediately
\nbefore or after regular sessions of the Health Assembly, and in the same location and venue as the Health
\nAssembly, where feasible.
\n3. The first session of the Conference of the Parties shall be convened by the World Health
\nOrganization not later than one year after the entry into force of the WHO Pandemic Agreement.
\nA\/INB\/7\/3
\n25
\n4. Following the first session of the Conference of the Parties:
\n(a) subsequent regular sessions of the Conference of the Parties shall be held annually; and
\n(b) extraordinary sessions of the Conference of the Parties shall be held at such other times,
\nwithout reference to the regular sessions of the Health Assembly, as may be deemed necessary
\nby the Conference of the Parties, or at the written request of any Party, provided that, within
\nsix months of the request being communicated to them by the Secretariat, it is supported by at
\nleast one third of the Parties.
\n5. The Conference of the Parties shall adopt by consensus its Rules of Procedure at its first session.
\n6. The Conference of the Parties shall by consensus adopt financial rules for itself as well as
\ngoverning the funding of any subsidiary bodies of the Conference of the Parties that are or may be
\nestablished, as well as financial provisions governing the functioning of the Secretariat. It shall also
\nadopt a biennial budget.
\n7. The Conference of the Parties shall keep under regular review the implementation of the WHO
\nPandemic Agreement and take the decisions necessary to promote its effective implementation, and may
\nadopt amendments, annexes and protocols to the WHO Pandemic Agreement, in accordance with
\nArticles 28, 29 and 30 herein. To this end, it shall:
\n(a) consider reports submitted by the Parties in accordance with Article 23 herein and adopt
\nregular reports on the implementation of the WHO Pandemic Agreement;
\n(b) oversee any subsidiary bodies, including by establishing their rules of procedure and
\nworking modalities;
\n(c) promote and facilitate the mobilization of financial resources for the implementation of the
\nWHO Pandemic Agreement, in accordance with Article 20 herein;
\n(d) request, where appropriate, the services and cooperation of, and information provided by,
\ncompetent and relevant organizations and bodies of the United Nations system and other
\ninternational and regional intergovernmental organizations and nongovernmental organizations
\nand bodies as a means of strengthening the implementation of the WHO Pandemic Agreement;
\nand
\n(e) consider other action, as appropriate, for the achievement of the objective of the WHO
\nPandemic Agreement in the light of experience gained in its implementation.
\n8. The Conference of the Parties shall keep under regular review, every three years, the
\nimplementation and outcome of the WHO Pandemic Agreement and any related legal instruments that
\nthe Conference of the Parties may adopt, and shall make the decisions necessary to promote the effective
\nimplementation of the WHO Pandemic Agreement.
\n9. The Conference of the Parties shall establish subsidiary bodies to carry out the work of the
\nConference of the Parties, as it deems necessary, on terms and modalities to be defined by the
\nConference of the Parties. Such subsidiary bodies may include, without limitation, an Implementation
\nand Compliance Committee, a panel of experts to provide scientific advice and a WHO PABS System
\nExpert Advisory Group.
\nA\/INB\/7\/3
\n26
\nArticle 22. Right to vote
\n1. Each Party to the WHO Pandemic Agreement shall have one vote in the Conference of the Parties,
\nexcept as provided for in paragraph 2 of this Article.
\n2. Regional economic integration organizations, in matters within their competence, shall exercise
\ntheir right to vote with a number of votes equal to the number of their Member States that are Parties to
\nthe WHO Pandemic Agreement, duly accredited and present during the voting. Such an organization
\nshall not exercise its right to vote if any of its Member States exercises its right, and vice versa.
\nArticle 23. Reports to the Conference of the Parties
\n1. Each Party shall submit to the Conference of the Parties periodic reports on its implementation of
\nthe WHO Pandemic Agreement, which shall include the following:
\n(a) information on good practices, legislative, executive, administrative or other measures
\ntaken to implement the WHO Pandemic Agreement;
\n(b) information on any constraints or difficulties encountered in the implementation of the
\nWHO Pandemic Agreement and on the measures taken or under consideration to overcome them;
\n(c) information on implementation support received under the WHO Pandemic Agreement;
\nand
\n(d) other information as required by specific provisions of the WHO Pandemic Agreement.
\n2. The frequency, conditions and format of the reports, including periodic reports, submitted by the
\nParties shall be determined by the Conference of the Parties at its first session, with the aim of facilitating
\nreporting by the Parties and avoiding duplications. These reports shall be drawn up in a clear, transparent
\nand exhaustive manner, without prejudice to respect for applicable rules on confidentiality, privacy and
\ndata protection.
\n3. The Conference of the Parties shall adopt appropriate measures to assist Parties, upon request, in
\nmeeting their obligations under this Article, paying particular attention to the needs of developing
\ncountry Parties.
\n4. The periodic reports submitted by the Parties shall be made publicly available online by the
\nSecretariat.
\nArticle 24. Secretariat
\n1. A Secretariat for the WHO Pandemic Agreement is hereby established. Secretariat functions for
\nthe WHO Pandemic Agreement shall be provided by the World Health Organization.
\n2. Secretariat functions shall be to:
\n(a) provide administrative and logistic support to the Conference of the Parties for the purpose
\nof the implementation of this Agreement, and to make arrangements for the sessions of the
\nConference of the Parties and any subsidiary bodies and to provide them with services, as
\nrequired;
\nA\/INB\/7\/3
\n27
\n(b) transmit reports and other relevant information regarding the implementation of this
\nAgreement received by it pursuant to this Agreement;
\n(c) provide support to the Parties, upon request, particularly developing country Parties and
\nParties with economies in transition, in implementing the WHO Pandemic Agreement, including
\nthe compilation and communication of information required in accordance with the provisions of
\nthe WHO Pandemic Agreement or pursuant to requests of the Conference of the Parties;
\n(d) prepare reports on its activities under the WHO Pandemic Agreement under the guidance
\nof the Conference of the Parties, and to submit them to the Conference of the Parties;
\n(e) ensure, under the guidance of the Conference of the Parties, the necessary coordination
\nwith competent international and regional intergovernmental organizations and other bodies;
\n(f) enter, under the guidance of the Conference of the Parties, into such administrative or
\ncontractual arrangements as may be required for the effective discharge of its functions;
\n(g) cooperate and coordinate with other United Nations entities in related areas; and
\n(h) perform other secretariat functions specified by the WHO Pandemic Agreement and such
\nother functions as may be determined by the Conference of the Parties.
\nArticle 25. Relationship with other international agreements and instruments
\n1. The implementation of the WHO Pandemic Agreement shall be guided by the Charter of the
\nUnited Nations and the Constitution of the World Health Organization.
\n2. The Parties recognize that the WHO Pandemic Agreement and other relevant international
\ninstruments, including the International Health Regulations, should be interpreted so as to be
\ncomplementary and compatible. The provisions of the WHO Pandemic Agreement shall not affect the
\nrights and obligations of any Party under other existing international instruments.
\n3. The provisions of the WHO Pandemic Agreement shall in no way affect the ability of Parties to
\nenter into bilateral or multilateral agreements, including regional or subregional agreements, on issues
\nrelevant or additional to the WHO Pandemic Agreement, provided that such agreements are compatible
\nwith their obligations under the WHO Pandemic Agreement. The Parties concerned shall communicate
\nsuch agreements to the Conference of the Parties, through the Secretariat.
\nArticle 26. Reservations
\nNo reservations may be made to the WHO Pandemic Agreement.
\nArticle 27. Withdrawal
\n1. At any time after two years from the date on which the WHO Pandemic Agreement has entered
\ninto force for a Party, that Party may withdraw from the WHO Pandemic Agreement by giving written
\nnotification to the Depositary.
\n2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the
\nDepositary of the notification of withdrawal, or on such later date as may be specified in the notification
\nof withdrawal.
\nA\/INB\/7\/3
\n28
\n3. Any Party that withdraws from the WHO Pandemic Agreement shall not be considered as having
\nalso withdrawn from any protocol to which it is a Party, or from any related instrument, unless such a
\nParty formally withdraws from such other instruments and does so in accordance with the relevant terms,
\nif any, thereof.
\nArticle 28. Amendments
\n1. Any Party may propose amendments to the WHO Pandemic Agreement. Such amendments shall
\nbe considered by the Conference of the Parties.
\n2. Amendments to the WHO Pandemic Agreement shall be adopted by the Conference of the Parties.
\nThe text of any proposed amendment to the WHO Pandemic Agreement shall be communicated to the
\nParties by the Secretariat at least six months before the session at which it is proposed for adoption. The
\nSecretariat shall also communicate proposed amendments to the signatories of the WHO Pandemic
\nAgreement and, for information, to the Depositary.
\n3. The Parties shall make every effort to adopt any proposed amendment to the WHO Pandemic
\nAgreement by consensus. If all efforts at consensus have been exhausted and no agreement has been
\nreached, the amendment shall as a last resort be adopted by a three-quarters majority vote of the Parties
\npresent and voting at the session. For the purposes of this Article, Parties present and voting means
\nParties present and casting an affirmative or negative vote. Any adopted amendment shall be
\ncommunicated by the Secretariat to the Depositary, who shall circulate it to all Parties for acceptance.
\n4. Instruments of acceptance in respect of an amendment shall be deposited with the Depositary. An
\namendment adopted in accordance with paragraph 3 of this Article shall enter into force, for those Parties
\nhaving accepted it, on the ninetieth day after the date of receipt by the Depositary of an instrument of
\nacceptance by at least two thirds of the Parties to the WHO Pandemic Agreement.
\n5. The amendment shall enter into force for any other Party on the ninetieth day after the date on
\nwhich that Party deposits with the Depositary its instrument of acceptance of the said amendment.
\nArticle 29. Annexes
\n1. Annexes to the WHO Pandemic Agreement and amendments thereto shall be proposed, adopted
\nand shall enter into force in accordance with the procedure set forth in Article 28 herein.
\n2. Annexes to the WHO Pandemic Agreement shall form an integral part thereof and, unless
\notherwise expressly provided, a reference to the WHO Pandemic Agreement constitutes at the same
\ntime a reference to any annexes thereto.
\n3. Annexes shall be restricted to lists, forms and any other descriptive material relating to procedural,
\nscientific, technical or administrative matters, and shall not be substantive in nature.
\nArticle 30. Protocols
\n1. Any Party may propose protocols to the WHO Pandemic Agreement. Such proposals will be
\nconsidered by the Conference of the Parties.
\nA\/INB\/7\/3
\n29
\n2. The Conference of the Parties may adopt protocols to the WHO Pandemic Agreement. In adopting
\nthese protocols, every effort shall be made to reach consensus. If all efforts at consensus have been
\nexhausted and no agreement has been reached, the protocol shall as a last resort be adopted by a
\nthree-quarters majority vote of the Parties present and voting at the session. For the purposes of this
\nArticle, Parties present and voting means Parties present and casting an affirmative or negative vote. In
\nthe event that a protocol is proposed for adoption under Article 21 of the Constitution of the World
\nHealth Organization, it shall further be considered for adoption by the Health Assembly.
\n3. The text of any proposed protocol shall be communicated to the Parties by the Secretariat at least
\nsix months before the session at which it is proposed for adoption.
\n4. States that are not Parties to the WHO Pandemic Agreement may be parties to a protocol thereof,
\nprovided the protocol so provides.
\n5. Any protocol to the WHO Pandemic Agreement shall be binding only on the parties to the
\nprotocol in question. Only parties to a protocol may take decisions on matters exclusively relating to the
\nprotocol in question.
\n6. The requirements for entry into force of any protocol shall be established by that instrument.
\nArticle 31. Signature
\nThe WHO Pandemic Agreement shall be open for signature by all Members of the World Health
\nOrganization, by States that are not Members of the World Health Organization but are member or
\nnon-member observer states of the United Nations, and by regional economic integration organizations.
\nThe WHO Pandemic Agreement shall be open for signature at the World Health Organization
\nheadquarters in Geneva, immediately following its adoption by the World Health Assembly at the
\nSeventy-seventh World Health Assembly, from XX [May] 2024 to XX [June] 2024, and thereafter at
\nUnited Nations Headquarters in New York, from XX [June] 2024 to XX [June] 2025.
\nArticle 32. Ratification, acceptance, approval, formal confirmation or accession
\n1. The WHO Pandemic Agreement shall be subject to ratification, acceptance, approval or accession
\nby States and to formal confirmation or accession by regional economic integration organizations. The
\nWHO Pandemic Agreement shall be open for accession from the day after the date on which the WHO
\nPandemic Agreement is closed for signature. Instruments of ratification, acceptance, approval, formal
\nconfirmation or accession shall be deposited with the Depositary.
\n2. Any regional economic integration organization that becomes a Party to the WHO Pandemic
\nAgreement without any of its Member States being a Party shall be bound by all the obligations under
\nthe WHO Pandemic Agreement. In the case of those regional economic integration organizations for
\nwhich one or more of its Member States is a Party to the WHO Pandemic Agreement, the regional
\neconomic integration organization and its Member States shall decide on their respective responsibilities
\nfor the performance of their obligations under the WHO Pandemic Agreement. In such cases, the
\nregional economic integration organization and its Member States shall not be entitled to exercise rights
\nunder the WHO Pandemic Agreement concurrently.
\n3. Regional economic integration organizations shall, in their instruments relating to formal
\nconfirmation or in their instruments of accession, declare the extent of their competence with respect to
\nthe matters governed by the WHO Pandemic Agreement. These organizations shall also inform the
\nDepositary, who shall in turn inform the Parties, of any substantial modification in the extent of their
\ncompetence.
\nA\/INB\/7\/3
\n30
\nArticle 33. Entry into force
\n1. The WHO Pandemic Agreement shall enter into force on the thirtieth day following the date of
\ndeposit of the fortieth instrument of ratification, acceptance, approval, formal confirmation or accession
\nwith the Depositary.
\n2. For each State that ratifies, accepts or approves the WHO Pandemic Agreement or accedes thereto
\nafter the conditions set forth in paragraph 1 of this Article for entry into force have been fulfilled, the
\nWHO Pandemic Agreement shall enter into force on the thirtieth day following the date of deposit of its
\ninstrument of ratification, acceptance, approval or accession.
\n3. For each regional economic integration organization depositing an instrument of formal
\nconfirmation or an instrument of accession after the conditions set forth in paragraph 1 of this Article
\nfor entry into force have been fulfilled, the WHO Pandemic Agreement shall enter into force on the
\nthirtieth day following the date of deposit of its instrument of formal confirmation or of accession.
\n4. For the purposes of this Article, any instrument deposited by a regional economic integration
\norganization shall not be counted as additional to those deposited by Member States of that regional
\neconomic integration organization.
\nArticle 34. Settlement of disputes
\n1. In the event of a dispute between two or more Parties concerning the interpretation or application
\nof the WHO Pandemic Agreement, the Parties concerned shall seek through diplomatic channels a
\nsettlement of the dispute through negotiation or any other peaceful means of their own choice, including
\ngood offices, mediation or conciliation. Failure to reach a solution by good offices, mediation or
\nconciliation shall not absolve the parties to the dispute from the responsibility of continuing to seek to
\nresolve it.
\n2. When ratifying, accepting, approving, formally confirming or acceding to the WHO Pandemic
\nAgreement, or at any time thereafter, a Party which is not a regional economic integration organization
\nmay declare in writing to the Depositary that, for a dispute not resolved in accordance with paragraph 1
\nof this Article, it accepts, as compulsory ipso facto and without special agreement, in relation to any
\nParty accepting the same obligation: (a) submission of the dispute to the International Court of Justice;
\nand\/or (b) ad hoc arbitration in accordance with procedures to be adopted by consensus by the
\nConference of the Parties. A Party which is a regional economic integration organization may make a
\ndeclaration with like effect in relation to arbitration in accordance with the procedures referred to in
\nparagraph 2(b) of this Article.
\n3. The provisions of this Article shall apply with respect to any protocol as between the parties to
\nthe protocol, unless otherwise provided therein.
\nArticle 35. Depositary
\nThe Secretary-General of the United Nations shall be the Depositary of this Agreement and
\namendments thereto and of any protocols and annexes adopted in accordance with the terms of this
\nAgreement.
\nArticle 36. Authentic texts
\nThe original of this Agreement, of which the Arabic, Chinese, English, French, Russian and
\nSpanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
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