WT/GC/W/823  
 
15 July 2021  
(21-5627) Page: 1/5 
General Council  Original: English  
 
 
COVID -19 AND BEYOND: TRADE AND HEALTH  
COMMUNICATION FROM AUSTRALIA; BRAZIL; BRUNEI DARUSSALAM; CANADA; CHILE; CHINA;  
THE EUROPEAN UNION; HONG KONG, CHINA; ICELAND; JAPAN; KAZAKHSTAN ; KENYA;  
REPUBLIC OF KOREA; MEXICO; REPUBLIC OF MOLDOVA; MONTENEGRO; NEW ZEALAND;  
NORTH MACEDONIA; NORWAY; SINGAPORE; SWITZERLAND; THE SEPARATE CUSTOMS  
TERRITORY OF  TAIWAN, PENGHU, KINMEN AND MATSU; THE UNITED KINGDOM;  
URUGUAY AND VANUATU  
The following communication, dated 15 July  2021, is being circula ted at the request of the 
delegations of Australia; Brazil; Brunei Darussalam; Canada; Chile; China; the European Union; 
Hong Kong, China; Iceland; Japan; Kazakhstan; Kenya; Republic of Korea; Mexico; Republic of 
Moldova; Montenegro; New Zealand; North Mac edonia; Norway; Singapore; Switzerland; the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; the United Kingdom; Uruguay 
and Vanuatu.  
 
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The trade policy related actions set out in this declaration are designed to contribute to the WTO 
response to the current COVID -19 pandemic and to enhance resilience against future pandemics. 
These actions may be complemented by additional aspects of trade policy,  including those related 
to intellectual property.  This Declaration is a contri bution to the multilateral process on the WTO 
response to the pandemic.  
 
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DRAFT GENERAL COUNCIL DECLARATION  
COVID -19 AND BEYOND: TRADE AND HEALTH  
TRADE POLICY RESPONSE TO THE COVID -19 PANDEMIC AND TO ENHANCE RESILIENCE AGAINST 
FUTURE PANDEMI CS 
The General Council,  
 
Recognizing  that increased cooperation among WTO Members in international trade policy can 
contribute to a successful fight against COVID -19 and any future pandemic,  
 
Recognizing that ensuring access to essential medical goods1 during a pandemic requires resilient 
and robust supply chains that function in a stable and predictable trading environment,  
 
1 Members are free to decide what constitutes an essential medical good based on each Member's 
circumstances. It is understood, however, that such essential goods would include pharmaceutical products, 
medical devices as well as any other products required by the medical sector to fight the COVID -19 pandemic. 
The concept of essential medical goods, wherever it is referred to in this text individually, also includes COVID -
19 vaccines, therapeutics and materials necessary for the production of COVID -19 vaccine s and therapeutics. 
In particular, M embers sh ould take into consideration the indicative list of COVID -19 related goods, established 
by the WCO and WHO . See the 3rd edition of the list available at: http://www.wcoomd.org/ -
/media/wco/public/global/pdf/topics/nomenclature/covid_19/hs -classification -reference_edition -WT/GC/W/823  
 
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  Recognizing that the equitable distribution of essential medical goods, including COVID -19 vaccines, 
therapeutics, diagnostics, and related vaccine materials, requires c oncerted efforts to increase 
manufacturing capacity and investment, including in countries which have limited resources and 
which are highly reliant on imports, as well as supplies at an affordable cost primarily through the 
Access to COVID -19 Tool (ACT) -Accelerator , including  the COVAX Facility,  
 
Recognizing that the challenges posed by the current pandemic offer an opportunity for Members to 
take stock of the lessons learnt and review the existing tools of the trade policy in an effort to 
enhance Members’ resilience against any future health crisis of local, regional or global nature.  
 
Declares that:  
 
We, WTO Members , intend to take the following actions to respond to the current COVID -19 related 
challenges in international trade. These actions are  intended to facilitate trade in essential medical 
goods in these critical times and enhance the capacity of the trading system to deal with a public 
health emergency. These proposed actions are not intended to be prescriptive and do not cover the 
whole un iverse of possible measures that could support trade in essential medical goods. Rather, 
they reflect emerging best practices and should provide sufficient flexibility to be adapted to each 
Member's differing circumstances. They could pave the way for new WTO commitments in the future.  
 
1. EXPORT RESTRICTIONS  
We will:  
 
- review regularly and promptly eliminate unnecessary existing restrictions on exports of 
essential medical goods, including COVID -19 vaccines, therapeutics, diagnostics, and related 
vaccine mater ials, necessary to combat the COVID -19 pandemic; and  
 
- exercise utmost restraint in the imposition of any new export restrictions, including export 
taxes, on such goods.  
 
 
In doing so, we will:  
 
- ensure that any export restrictions applied to combat the COVID -19 pandemic are 
implemented only when necessary to prevent or relieve critical shortages and as a last resort 
after consideration of other less -trade restrictive options;  
 
- implement any such measures in a manner that limits market disruptions to the greatest 
extent possible, is targeted, transparent, proportionate and temporary, and consistent with 
WTO obligations;  
 
- give particular consideration to the interest of the least developed and developing countries, 
many of which have scarce manufacturing c apacities and are highly dependent on imports, 
and where possible , exempt them from the measures, in order to avoid a negative impact 
of such measures on their access to essential medical goods;  
 
- exempt from export restrictions, shipments of essential medi cal goods, including COVID -19 
vaccines, therapeutics, diagnostics, and related vaccine materials, that are provided for 
humanitarian purposes or in support of the work of the COVAX Facility; and,  
 
- in the case of Members which are substantial producers of e ssential medical goods, including 
COVID -19 vaccines, therapeutics, diagnostics and related vaccine materials, recognize a 
particular responsibility for contributing to the objective of achieving equitable access to 
such goods , in particular for Members whi ch are highly dependent on imports from those 
Members . 
 
 
3_en.pdf?la=en  and the list of HS classification s of vaccines and related supplies and equipment at: 
http://www.wcoomd.org/ -/media/wco/public/global/pdf/topics/facilitation/activities -and-programmes/natural -
disaster/covid -19-list-for-vaccines/hs -classification -reference -vaccines -english.pdf?la=en . WT/GC/W/823  
 
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  Any export restrictions including the applicable period of validity or review date, s hould be promptly 
notified to the WTO and published on a domestic website. The notification should include justific ation 
of the measures and an explanation of how the measure is consistent with the WTO agreements; 
why it was considered targeted and proportionate to the objective pursued.  
 
The period of validity of such measures should be as limited as possible and idea lly, it should not 
exceed 3 months, subject to a possible extension. In any event, the duration of export restrictions 
should not exceed the duration of the state of public health emergency  of international concern . 
 
Equally, if following the review referr ed to above, it is decided to continue to maintain export 
restrictions, upon request, justification for the continuation of the measures and an explanation as 
above will be provided.  
 
The WTO Secretariat will immediately share all information on export res trictions provided via 
notifications or the WTO trade monitoring page with the World Health Organization or any other 
multilateral agency coordinating the international provision of essential medical goods. We reaffirm 
the value of the technical assistance  provided by the WTO Secretariat, as appropriate, in the support 
of Members providing the relevant information or WTO notifications.  
 
Members should be ready to enter into urgent consultations with any other affected Member which 
considers that the measure s, whether in application or design, may seriously disrupt supply chains   
or discourage exports, and consequently affect  that Member’s access to essential medical goods, 
including COVID -19 vaccines, therapeutics, diagnostics and related vaccine materials.  The purpose 
of the consultations would be to find a mutually satisfactory solution which would limit the adverse 
effect of the measures on the access to essential medical goods, including COVID -19 vaccines, 
therapeutics, diagnostics and related vaccine ma terials of that Member. The engagement in the 
consultations should take place irrespective of whether or not the measures have been notified to 
the WTO. The consultations would not prejudge the legal status or the nature of the measure itself, 
and will be confidential and without prejudice to the rights of any Member in any further proceedings.  
 
The above actions would help ensure equitable distribution of scarce essential medical goods, 
including COVID -19 vaccines, therapeutics, diagnostics and related vac cine materials amongst WTO 
Members, in particular the most vulnerable ones.  
 
2. CUSTOMS, SERVICES AND TECHNICAL REGULATIONS  
We will:  
 
- share experiences as regards the trade facilitating measures that have been put in place in 
response to the COVID -19 crisis with a view to establishing best practices in the context of 
a crisis. We will consider to what extent they can be made permanent. S uch measures may 
include digital customs procedures, and services such as freight, logistics, distribution and 
transport, which have proven an effective tool in facilitating the frictionless movement of 
essential medical goods across borders;  
 
- intensify e fforts to accelerate the implementation of the Trade Facilitation Agreement 
provisions that support the timely and efficient release of goods, and if necessary, review 
technical assistance to that end so it could be provided in a more targeted and effectiv e 
manner; and  
 
- cooperate in the exchange and implementation of best practices in the area of standards 
and technical requirements and, through collaboration within relevant international 
organizations, work towards enhanced regulatory alignment with the ai m of facilitating trade 
and reducing adaptation costs for manufacturers of essential medical goods.  
 
To this end, we will fully engage in the work of the relevant WTO bodies, including the Trade 
Facilitation and Technical Barriers to Trade Committees as we ll as the Council for Trade in Goods 
and Council for Trade in Services.  
 WT/GC/W/823  
 
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  3. TARIFFS  
We will make best endeavours to temporarily remove or reduce tariffs on goods that are considered 
essential to fighting COVID -19 pandemic, as far as possible, taking into acco unt each Member's 
circumstances. We may choose the method of implementation of such a temporary tariff removal or 
reduction, which could take the form of emergency duty relief programs. The indicative list of COVID -
19 related goods, established by the Worl d Customs Organization and World Health Organization2 
could be helpful in the determination of the product scope.  
 
4. TRANSPARENCY AND REVIEW  OF TRADE MEASURES  
We will respond swiftly to requests for information on trade measures adopted during the present 
health crisis, including on measures undertaken to implement this initiative, from any other 
Members.  Provision of such information, upon request and to the greatest extent possible, will also 
include measures which, whether in application or desig n, may lead to restricting exports.  
 
We will engage fully with the trade monitoring exercises done on a regular or an ad hoc  basis in the 
WTO, including the bi -annual Trade Monitoring Report, and pay particular attention to complying 
with all WTO notifica tion requirements during the COVID -19 crisis. The monitoring and notification 
of measures should allow for a quick identification of disruptions in the supply chains and allow 
Members to enter into consultations with a view to avoiding such disruptions in the shortest possible 
timelines.  
 
Within three months after the adoption of this Declaration, and quarterly thereafter until the end of 
the current public health emergency of international concern, the WTO Secretariat will prepare and 
distribute a summary report on the actions implemented by Members related to this initiative. We 
will provide any requested information or clarification to the WTO Secretariat for the purpose of the 
preparation of  such a report.   
 
5. CONTRIBUTIONS TO INTERNATIONAL EFFORTS TO EXPA ND PRODUCTION OF 
ESSENTIAL MEDICAL GOODS AND ENHANCE RESILIENCE TO HEALTH CRISES  
We will intensify our efforts and strengthen our collaboration with other international organizations 
and the private sector to support the innovation, production and distribu tion of essential medical 
goods, including COVID -19 vaccines, therapeutics, diagnostics and related vaccine materials across 
the globe, in particular in the least developed countries.  We will also support efforts to step up 
transparency and monitoring of market conditions with a view to enhancing resilience and improving 
preparedness for a health crisis.  
 
We strongly support the works of the COVAX Manufacturing Task Force that can help in gathering 
the necessary intelligence, foster partnerships between manufacturers and developers, and respond 
to trade issues . 
 
We will make sure that any financial support dedicated to the expansion of existing production of 
vaccines, therapeutics or their components corresponds appropriately to the public health 
emergency and associated temporary acute shortages and is in line with WTO Agreement on 
Subsidies and Countervail ing Measures.  
 
We commend and further encourage the work of the WTO Secretariat to develop an extensive 
database of measures related to COVID -19 and analyse  the causes and effects of the disruptions in 
the supply chains of essential goods, drawing on rese arch of other international organizations.   
 
We note significant data gaps with regard to the production, demand and supply of essential medical 
goods. We will therefore make every effort to review the way we collect and classify statistical 
information in  our respective systems, in cooperation with the World Customs Organization  and the 
World Health Organization . 
 
We further request the WTO Secretariat, in cooperation with Members, to promptly prepare reports  
on imports and exports of essential medical goo ds and their trade balance, by Member. In order to 
facilitate this work, if the data is not available from official statistical sources, and upon request from 
 
2 See footnote 1.  WT/GC/W/823  
 
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  the Secretariat, we will make every effort to provide the relevant data, to the extent possible  and 
practicable , while respecting commercial confidentiality. Information including data from other 
sources compiled by the Secretariat should be verified by the Members concerned before 
publication3. The WCO/WHO list of COVID -19 related products could serve as a reference.  
 
We appreciate the unprecedented efforts of the industry and international organizations to increase 
the global supply of essential medical goods. We encourage them to continue to work with the WTO 
and other organizations to imp rove transparency and monitoring of market conditions.  
 
We call on the WTO to cooperate more closely with other international organizations to strengthen 
policy coherence in response to public health crises.  
 
6. CONSIDERATION FOR THE 12TH WTO MINISTERIAL CONF ERENCE AND NEXT STEPS  
At the 12th Ministerial Conference, Members will consider a decision to establish a work programme 
on pandemic preparedness in relation to the health -related trade policy measures above. Without 
prejudice to the decision of Ministers,  the work programme could include, for instance,  a review of 
lessons learnt during the COVID -19 crisis, the preparation of guidelines or codes of best practices , 
or potentially lead to additional commitments that could help Members to enhance their 
prepare dness and crisis resilience.  
 
No later than six months after the adoption of this Declaration, the WTO General Council will take 
stock of the effectiveness of the above actions and consider options for moving forward.  
 
__________  
 
 
3 If such verification is not possible for the Member concerned within a reasonable timeframe, the WTO 
Secretariat should specify in the report that such information has not been verified by that Member .