WT/GC/W/822  
 
18 June 2021  
(21-5003) Page: 1/6 
General Council  Original: English  
 
 
PROPOSED TEXT ON "MINISTERIAL DECLARATION ON COMBATING, MITIGATING AND 
RECOVERING FROM THE IMPACTS OF COVID -19 AND BEYOND"  
COMMUNICATION FROM THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU,  
KINMEN AND MATSU  
The following communication, dated 17 June 2021, is being circulated at the request of the 
delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.  
 
_______________  
 
 
Further to our submission of "A Proposal on a 'Ministerial Decla ration on Combating, Mitigating and 
Recovering from the Impacts of COVID -19 and Beyond ' for MC12: Elements to Be Considered for 
the Declaration " (JOB/GC/256, dated 23 April 2021), we hereby propose a more concrete draft of 
"Ministerial Declaration on Comba ting, Mitigating and Recovering from the Impacts of COVID -19 and 
Beyond " for Members to consider.  
The contents of this proposal are partly inspired by the proposal of "COVID -19 and Beyond: Trade 
and Health " (JOB/GC/251/Rev.2) originally submitted by the Ot tawa Group and later joined by other 
Members, the India and South Africa 's proposal of "Waiver from Certain Provisions of the TRIPS 
Agreement for the Prevention, containment and Treatment of COVID -19" (IP/C/W/669) and the 
APEC Ministers Responsible for Tra de Meeting Joint Statement 2021. In the relevant parts of this 
proposed text on "Ministerial Declaration on Combating, Mitigating and Recovering from the Impacts 
of COVID -19 and Beyond " we will incorporate relevant contents of these documents to the fulles t 
extent possible.  
Note that the expansion of production and supplies of vaccines and public health related products is 
of highest importance in combating COVID -19. Paragraphs 4 and 5 of the proposed text are 
originated from Director General Dr. Ngozi Oko njo Iweala 's vision on the expansion of production 
and supplies of vaccines and public health related products.  
The proposal illustrates the possible use of "trade and economic tools " consistent with the objective 
and rules of the WTO to address the three aspects of the impacts arising from COVID -19. These 
aspects include combating COVID -19, mitigating the economic and public health impacts arising 
from COVID -19, and recovering from the economic and public health impacts arising from COVID -
19. 
There is a vi ew that at the present time (i.e., before and at MC12), Members should merely focus 
on the most urgent public health matter of fighting against COVID -19 and should leave other related 
matters for a later time. Although we agree with the view that fighting COVID -19 is the most urgent 
task of WTO Members, we should still ask ourselves whether the mitigating and recovering issues 
are really not urgent matters and whether we will have another appropriate opportunity to address 
mitigating and recovering issues a fter MC12. It can be reasonably expected that after MC12, 
Members might start focusing on many other matters (such as WTO reform issues). If we decide not 
to address the mitigating and recovering aspects of public health and economic impacts arising from 
COVID -19 at MC12, we might miss the greatest opportunity to address these important and 
relatively urgent issues, and we might not have another such appropriate opportunity to do so in 
the near future. Therefore, we urge Members to consider working together  on formulating a 
comprehensive declaration on addressing these three aspects of COVID -19. WT/GC/W/822  
 
- 2 - 
 
  MINISTERIAL DECLARATION ON COMBATING, MITIGATING AND RECOVERING FROM THE 
IMPACTS OF COVID -19 AND BEYOND  
1.  The pandemic caused by COVID -19 has severely affected WTO Members, particularly developing 
and least developed country (LDC) Members, and the lives and livelihood of the people, particularly 
the most vulnerable groups, whose existing inequalities are further exacerbated.  
2.  We recognize the importance of fair and eq uitable access to vaccines and other essential 
medicines to fight the COVID -19 pandemic and other public health crises of similar nature. As one 
of the international organizations most relevant to addressing the pandemic caused by COVID -19, 
the WTO has cer tain trade and economic tools to comprehensively help its Members to combat, 
mitigate and recover from the public health and economic impacts arising from the single greatest 
and most urgent challenge facing the whole humanity. The WTO should demonstrate b y its actions 
that multilateral trade rules have an essential role to play in addressing the human catastrophe of 
the COVID -19 pandemic, in tackling the health and economic impacts arising therefrom and in 
facilitating a strong economic recovery for all Me mbers.  
3.  Facing COVID -19, we stress our commitment in working together to maintain a free, fair, 
inclusive, non -discriminatory, transparent, predictable and stable trade and investment 
environment; to keep our markets open; to promote open and more resilient  supply chains and to 
foster an enabling business environment for vulnerable groups.  
COMBATING COVID -19 
Expanding the production of COVID -19 related vaccines and medical products  
4.  We acknowledge that ramping up the production of COVID -19 related vaccine an d other medical 
products is particularly important to fight COVID -19. There are untapped production capacities in 
many developed and developing country Members that need to be employed. We will take any 
possible trade and economic approach consistent with the objectives and rules of the WTO to expand 
production capacities and supplies for COVID -19 related vaccines and other essential medicines, 
medical devices and components and personal protective equipment, consistent with public health 
guidance.  
5.  We will  make best endeavour to encourage and facilitate private sectors ' technology transfer 
through voluntary licensing agreements and other appropriate means to help scale up manufacturing 
of COVID -19 related vaccines and other medical products.  
6.  We fully suppor t the WTO Director -General to play a central role in facilitating the expansion of 
production and the technology transfers of COVID -19 related vaccines and other medical products.  
TRIPS flexibility and waivers  
7.  We reaffirm the principles and flexibilities s tated in the Declaration on the TRIPS Agreement and 
Public Health adopted on 14 November 2001 (WT/MIN(01)/DEC/2), including that the TRIPS 
Agreement does not and should not prevent Members from taking measures to protect public health 
and that the Agreemen t can and should be interpreted and implemented in a manner supportive of 
WTO Members ' right to protect public health and, in particular, to promote access to medicines for 
all. 
8.  [Depending on the result of the text -based TRIPS Waiver discussion at the TRIP S Council, there 
could be some paragraphs to address the TRIPS Waiver issues.]  
Government support for R&D of COVID -19 related vaccines and medical products and for 
other activities  
9.  We note that many Members have used public funding to support COVID -19 rela ted research, 
development, manufacturing, production and other activities in the supply chain of vaccines and 
medical products, and to place advance orders for COVID -19 vaccines. These supports have 
contributed to the swift development and expansion in the  supply of these products to fight against 
COVID -19. While it is important to remain transparent in terms of the public funding they provide, WT/GC/W/822  
 
- 3 - 
 
  we will exercise due restraint in using the SCM Agreement to challenge these supports which respond 
to the COVID -19 pandemic within the limited time period of the pandemic.  
Technical regulations  
10.  Vaccines, medicines and medical devices are approved by relevant regulatory authorities of 
Members to ensure the quality, safety and efficacy of these medical products. We wi ll make best 
endeavour to streamline the regulatory conformity checks, by unilateral measures, including, when 
appropriate, unilateral recognition of third country approvals or temporarily exempting their 
certification, authorization and other procedures f or medical goods in order to allow a wider range 
of products to enter the market more quickly, while still ensuring continued health and safety 
protection.  
11.  We will also 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 aim of facilitating trade and 
reducing adaptation costs for manufacturers of essential medical goods. [T his paragraph is 
integrated from "COVID -19 and Beyond: Trade and Health " (JOB/GC/251/Rev.2).]  
Export restrictions  
12.  We will review and promptly eliminate unnecessary existing restrictions on exports of essential 
medical goods necessary to combat the COVID -19 pandemic; and exercise restraint in the imposition 
of any new export restrictions, including export taxes, on essential medical goods and on any 
prospective vaccine or vaccine materials. [This paragraph is integrated from "COVID -19 and Beyond: 
Trade and H ealth" (JOB/GC/251/Rev.2).]  
13.  We will also ensure that any measures deemed necessary to prevent or relieve critical shortages 
are implemented in a manner that is targeted, transparent, proportionate and temporary, and 
consistent with WTO obligations; give pa rticular consideration to the interest of the developing 
country Members, particularly LDC Members, many of which have scarce manufacturing capacities 
and are highly dependent on imports, in order to avoid a negative impact of such measures on their 
access  to essential medical goods; and, ensure that any trade measures, including export 
restrictions, do not disrupt the provision of humanitarian shipments of essential medical goods, nor 
the work of the COVAX facility in distributing vaccines. [This paragraph  is integrated from "COVID -
19 and Beyond: Trade and Health " (JOB/GC/251/Rev.2).]  
14.  Any export restrictions should be promptly notified to the WTO and published on a domestic 
website. The notification should include justification of the measures and an explan ation of how the 
measure is consistent with the WTO agreements and why it was considered targeted and 
proportionate to the objective pursued. Equally, if following the review referred to above, it is decided 
to continue to maintain export restrictions, upo n request, justification for the continuation of the 
measures and an explanation as above will be provided. [This paragraph is integrated from "COVID -
19 and Beyond: Trade and Health " (JOB/GC/251/Rev.2).]  
15.  The period of validity of such measures should be as  limited as possible and ideally, 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. [This paragraph 
is integrated from "COVID -19 and Beyond: Trade and Health " (JOB/GC/251/Rev.2).]  
Trade facilitation  
16.  For Members which have not done so, we encourage them  to accelerate the implementation of 
the Agreement on Trade Facilitation to the extent possible, particularly the provision s which are 
especially critical during the pandemic, such as Article 7.1 (Pre -arrival processing), Article 7.3 
(Separation of release from final determination of customs duties, taxes, fees, and charges), and 
Article 7.8 (Expedited shipment). We will also make best endeavour to prioritize, expedite and 
temporarily suspend or simplify customs clearance, licensing and other import or export procedures 
for COVID -19 related vaccines, medicines and other goods.  WT/GC/W/822  
 
- 4 - 
 
  Transparency and experience sharing  
17.  Members are enc ouraged to notify trade -related measures, including customs and other border 
operations, which are introduced in response to COVID -19 to the WTO as quickly as possible after 
their adoption, preferably even in advance of their adoption.  
18.  We will share experi ences as regards the trade facilitating and other COVID -19 related 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 ma de permanent. 
Such measures may include measures relating to technical regulations, digital customs procedures, 
and services such as freight, logistics, distribution and transport, which have proven an effective 
tool in facilitating the frictionless moveme nt of essential medical goods across borders. [This 
paragraph is integrated from "COVID -19 and Beyond: Trade and Health " (JOB/GC/251/Rev.2) with 
a little expansion to cover measures other than trade facilitation ones.]  
19.  We will respond swiftly to requests f or information on trade measures adopted during the 
present health crisis, including on measures undertaken to implement this initiative, from any other 
Members. [This paragraph is integrated from "COVID -19 and Beyond: Trade and Health " 
(JOB/GC/251/Rev.2). ] 
20.  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 notification requirements during the Covid -19 crisis. The monitoring and 
notification of measures should allow for a quick identifica tion 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. [This paragraph is integrated from "COVID -19 and Beyond: Trade and Health " 
(JOB/GC/251/Rev.2).]  
21.  The WTO Secretariat shall make a summary report on the actions implemented by Members 
under the Initiative which should be made available by the date of the 12th WTO Ministerial 
Conference. We will provide any requested information or  clarification to the WTO Secretariat for 
the purpose of the preparation of such a report. [This paragraph is integrated from "COVID -19 and 
Beyond: Trade and Health " (JOB/GC/251/Rev.2).]  
Cooperation with other organizations  
22.  We commend the work of the WTO S ecretariat resulting in an extensive database of measures 
related to COVID -19 and a range of dedicated studies and reports allowing them to have a 
comprehensive and accessible overview of the situation. The WTO Secretariat is encouraged to 
continue that wo rk, focusing on the causes and effects of the disruptions in the supply chains of 
essential goods and drawing on research of other international organizations. [This paragraph is 
integrated from "COVID -19 and Beyond: Trade and Health " (JOB/GC/251/Rev.2).]  
23.  Given the need to enhance pandemic preparedness and respond to current and future 
pandemics, the WTO Director -General is strongly encouraged to intensify cooperation with other 
relevant international organizations such as the World Health Organization, the  World Customs 
Organization, the World Intellectual Property Organization, the Organization for Economic 
Cooperation and Development, the United Nations as well as the G20 with the aim of improving the 
analytical capacity of WTO Members to monitor market d evelopments in trade and production of 
essential medical goods. This would enhance WTO Members' preparedness for a health crisis and 
contribute to the creation of an early warning mechanism in the event of critical shortages of 
essential medical goods. [Th is paragraph is integrated from "COVID -19 and Beyond: Trade and 
Health " (JOB/GC/251/Rev.2).]  
MITIGATING THE PUBLIC HEALTH AND ECONOMIC IMPACTS ARISING FROM COVID -19 
For all Members  
24.  We will maintain trade flows to the largest extent possible during and afte r the COVID -19 
pandemic so as to ensure a predictable and stable trade environment, to enhance access to essential 
food and medical products and to limit negative impacts on jobs and poverty.  WT/GC/W/822  
 
- 5 - 
 
  For the vulnerable Members  
25.  We will make best endeavour to avoid applying restrictive measures to trade on essential food 
and medical products with LDC Members and to provide aids and other technical assistances to 
Members in need, particularly LDC Members.  
For the vulnerable group and MSMEs  
26.  We recognize that the existi ng disadvantages and inequalities for women, disables, many ethnic 
minorities, workers, other vulnerable groups and micro, small and medium -sized enterprises 
(MSMEs) are further exacerbated by COVID -19. There could be long -term devastating consequences 
arising from the pandemic if the exacerbated disadvantages and inequalities are not properly 
addressed.  
27.  We firmly commit to make the WTO more inclusive by empowering women and other vulnerable 
groups and better integrate MSMEs into the global trading system. To this end, we will take all 
necessary steps to ensure that the vulnerable groups and MSMEs are provided with necessary 
support, and to ensure that inclusive policy instruments are in place to fast -track the mitigation and 
recovery of their businesses.  
28.  The SCM Agreement should be interpreted as providing policy space for Members to allocate 
more resources to remedy the economic impacts of the Covid -19 pandemic suffered by the 
vulnerable groups and MSMEs and to empower them by enhancing their skills and cre ating enabling 
environment for them. Government supports and measures adopted by any Member within the policy 
space should not be considered as subsidies causing adverse effects to the interest of other 
Members.  
RECOVERING FROM THE PUBLIC HEALTH AND ECONOM IC IMPACTS ARISING FROM 
COVID -19 
For all Members  
29.  We commit to strengthen cooperation with other multilateral and bilateral partners, the private 
sectors, and civil societies to set up necessary framework for dealing with COVID -19 and future 
public health crises of similar nature.  
30.  We will also adopt appropriate trade tools and economic measures consistent with the objective 
and rules of the WTO to enhance, stimulate or facilitate short -term and long -term economic recovery 
and job creation, to make global s upply chains more resilient and less vulnerable to similar impacts 
and to advance sustainable economic growth.  
Expansion of duty -free and quota -free scopes for LDCs  
31.  Developed -country Members that have not yet provided full duty -free and quota -free market 
access for products originating from LDC Members, defined at the tariff line level, are encouraged 
to improve their existing duty -free and quota -free coverage for such products as a specialized 
system of preference (SSP), so as to provide greater market acc ess for LDC Members, at least for a 
specific period, to help them recover from the impact.  
32.  Developing -country Members, declaring themselves in a position to do so, are encouraged to 
provide duty -free and quota -free market access for products originating fr om LDC Members, or 
encouraged to improve their existing duty -free and quota -free coverage for such products, as an 
SSP, so as to provide greater market access for LDC Members, at least for a specific period, to help 
them recover from the impact.  
The Aid -for-Trade initiative and access to trade finance  
33.  We reinforce our support to the Aid -for-Trade initiative to mobilize resources to address the 
trade -related constraints caused by COVID -19 identified by developing and least -developed country 
Members and to en hance their economic recovery for the benefit of vulnerable groups and MSMEs.  WT/GC/W/822  
 
- 6 - 
 
  34.  We commit to work together to improve vulnerable groups and MSMEs ' access to trade finance 
to help them recover from COVID -19. 
Other policies for developing country Members  
35.  We re cognize the structural vulnerability of many developing country Members and all LDC 
Members during and after COVID -19 pandemic. We also recognize the role that trade can play in 
economic recovery from COVID -19 pandemic, including mobilizing resources to ad dress the trade -
related constraints caused by COVID -19 pandemic as identified by developing country Members, 
particularly LDC Members.  
36.  We further recognize their need for policy space to respond to the current pandemic challenges 
facing them, to enhance p reparedness for future pandemic of similar nature and to pursue economic 
recovery or to realize structural transformation.  
37.  We will consider other possible special assistances consistent with the objective and rules of the 
WTO to be provided to those develo ping country Members in need, particularly the LDC Members, 
to help them swiftly recover from the extreme economic difficulties.  
[ESTABLISHMENT OF THE COMMITTEE ON TRADE AND PUBLIC HEALTH] [COORDINATION 
BETWEEN WTO BODIES]  
38.  ALT 1: [Considering that public health related issues involve many WTO bodies (such as the 
Council for Trade in Goods, the Council for Trade in Services and their respective subsidiary bodies 
as well as the TRIPS Council), considering also that it is important to timely and compre hensively 
respond to COVID -19 and other public health crises of similar nature by the WTO and noting that 
there is no WTO body responsible for addressing such public health crises and for reviewing the 
related trade measures in a holistic manner, we decide  to direct the General Council to establish a 
Committee on Trade and Public Health open to all members of the WTO to report to the Ministerial 
Conference to review the work and terms of reference of the Committee, including its relations with 
the existing WTO bodies, in the light of recommendations of the Committee.]  
ALT 2: [Considering that public health related issues involve many WTO bodies (such as the Council 
for Trade in Goods, the Council for Trade in Services and their respective subsidiary bodies a s well 
as the TRIPS Council), considering also that it is important to timely and comprehensively respond 
to COVID -19 and other public health crises of similar nature by the WTO and noting that there is no 
WTO body responsible for addressing such public he alth crises and for reviewing the related trade 
measures in a holistic manner, we decide to direct the relevant WTO bodies to report to the General 
Council on a periodic basis their related works. The General Council will review the works and make 
necessar y coordination or recommendation to respond to the public health crisis when necessary.]  
 
__________