JOB/GC/256  
 
23 April 2021  
(21-3473) Page: 1/2 
General Council  Original: English  
 
 
A PROPOSAL ON A "MINISTERIAL DECLARATION ON COMBATING, MITIGATING AND 
RECOVERING FROM THE IMPACTS OF COVID -19 AND BEYOND " FOR MC12   
ELEMENTS TO BE CONSIDERED FOR THE DECLARATION  
Communication from t he Separate Customs  Territory of Taiwan, Penghu, Kinmen and Matsu  
The following communication, dated 23 April 2021, is being circulated at the request of the 
delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.  
 
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1. A very important task for the WTO (as one of international organizations most relevant to 
addressing COVID -19) and for the whole memberships (all being severely affected by the pandemic) 
at MC12 should be to comprehensively address the trade and economic aspects arising from 
COVID -19 so as to show to the world that the WTO is relevant to what is happening in the real world 
and to the life and livelihood of the people, and that Members can work hand -in-hand to address the 
single greatest and most urgent challenge facing the whole humanit y today.  
2. The idea to have a "Ministerial Declaration on Combating, Mitigating and Recovering from the 
Impacts of COVID -19 and Beyond " (hereinafter "Combating, Mitigating and Recovering Declaration ") 
is similar to, but the scope is broader than, Brazil 's suggestion of a "Ministerial Declaration on trade 
and health " (JOB/GC/253) as well as EU, Canada and some other Members ' suggestion of "COVID -19 
and Beyond: Trade and Health " (JOB/GC/251), both of which we appreciate greatly. The proposed 
"Combating, Mitigating and Recovering Declaration " is also in addition to a possible "general " 
Ministerial Declaration/Decision to be adopted at MC12, which addresses other works (such as 
certain unfinished negotiations and some possible WTO reform issues) to be continued after MC12.  
3. The basic idea of the proposal is to use trade tools to address three aspects of the impacts 
arising from COVID -19, namely the combating, mitigating, and recoveri ng aspects. In the following 
discussion, some elements which have potential to be included in the "Combating, Mitigating and 
Recovering Declaration " are highlighted. Members need to decide whether these elements are 
appropriate and what other elements are also critical to addressing COVID -19. It must be noted also 
that the suggested elements below are only some initial "ideas". If the elements are adopted, 
Members need to formulate the substantive "contents " for those elements.  
4. On the aspect of combating CO VID-19:  
1. In the proposed Declaration, Members can address the development and promotion 
aspects of the COVID -19 related vaccines, medicines and medical devices. WTO 's rules on 
subsidies can be clarified on the flexibilities for Members to provide financial and other 
supports to promote and develop vaccines and related medicines and medical devices. 
WTO's rules on technical regulations can also be clarified to help pharmaceutical and other 
companies to meet premarketing approval and other regulation s for vaccines, medicines 
and medical devices.  
2. In the proposed Declaration, Members need also address the flexibility issues under the 
TRIPS Agreement. Currently there is the TRIPS Waiver proposal (IP/C/W/669) being 
discussed at the TRIPS Council. There ar e also flexibilities provided in the "Doha JOB/GC/256  
 
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  Declaration on the TRIPS Agreement and Public Health " of 2001 (hereinafter "2001 TRIPS 
Declaration "), especially on the use of compulsory licensing of patented medicines. If the 
flexibilities provided in the 2001 TRIPS Declaration is not sufficient, Members might need 
to work together to decide either improving the 2001 TRIPS Declaration (such as making 
the 2001 TRIPS Declaration even more flexible) or adopting certain additional decisions 
(such as having certain a dditional waivers) to cope with the current pandemic. The 
contents in this part of the "Combating, Mitigating and Recovering Declaration " will depend 
upon the result of the current discussions in the TRIPS Council.  
3. In the suggested Declaration, Members can  also address the export restriction issues 
relating to COVID -19 related vaccines, medicines and medical devices. For instance, 
although it is the right of Members to protect their populations from the pandemic by using 
appropriate trade measures (includin g export and import measures on goods and 
services), Members might want to express in the "Combating, Mitigating and Recovering 
Declaration " that they will make their utmost efforts to exercise restraint of resorting to 
the most trade restrictive measures concerning vaccines, medicines and medical devices, 
giving particular consideration to the vulnerability of the least developed and developing 
country Members. Also, Members might want to consider clarifying the WTO rules so that 
the application of any exp ort restriction will be limited within a short timeframe. In 
addition, Members might want to consider adopting certain build -in mechanisms to review 
such export restrictions.  
4. If Members consider appropriate, trade facilitation, transparency, international 
cooperation and other related issues can also be covered by the "Combating, Mitigating 
and Recovering Declaration ". 
5. On the aspect of mitigating the impact arising from COVID -19: 
1. Members might want to address the extremely difficult situations of the vulner able 
Members. In addition to urging Members not to apply restrictive measures to trade with 
least developed country Members, Members might want to formulate certain measure (for 
instance, to additionally provide trade preferences to the least developed cou ntry 
Members) so as to reduce the extent of the extreme impacts caused by COVID -19 to them.  
2. Members also need to address the difficult situation of the vulnerable groups of people 
(such as women and other disadvantaged people) who are hit most severely and  are even 
pushed into extreme poverty by the pandemic. Members need to develop certain concrete 
approaches under the WTO to address this critical issue.  
6. On the aspect of recovering from the impacts of COVID -19: 
1. Members need to discuss and identify what kin ds of trade tools and economic measures 
under the WTO are available to enhance, stimulate or facilitate short -term and long -term 
economic recovery and job creation.  
2. Members definitely will also have to consider what kind of special assistances within the 
scope of the WTO can be provided to those developing country Members in need, especially 
all least developed country Members, to help them swiftly recover from the extreme 
economic difficulties arising from COVID -19. 
 
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