WT/GC/W/823/Rev.5  
 
8 December 2021 
(21-9200) Page: 1/5 
General Council  Original: English  
 
 
COVID -19 AND BEYOND: TRADE AND HEALTH  
COMMUNICATION FROM AUSTRALIA; KINGDOM OF BAHRAIN; BRAZIL; BRUNEI DARUSSALAM;  
CANADA; CHILE; CHINA;  COSTA RICA; THE EUROPEAN UNION; GEORGIA; HONG KONG, CHINA;  
ICELAND; JAPAN; KAZAKHSTAN ; KENYA;  REPUBLIC OF KOREA; MEXICO;  REPUBLIC  OF 
MOLDOVA;  MONTENEGRO;  NEW ZEALAND;  NORTH MACEDONIA;  NORWAY;  
PHILIPPINES; QATAR;  KINGDOM OF SAUDI ARABIA; SINGAPORE;  
SWITZERLAND;  THE SEPARATE CUSTOMS  TERRITORY OF  TAIWAN,  
PENGHU,  KINMEN AND MATSU;  THE UNITED KINGDOM;  
URUGUAY AND VANUATU  
Revision* 
The following communication, dated 8 December  2021, is being circulated at the request of the 
delegations of Australia; Kingdom of Bahrain; Brazil; Brunei Darussalam; Canada; Chile; China; 
Costa Rica; the European Union; Georgia; Hong Kong, China; Iceland; Japan; Kazakhstan; Kenya; 
Republic of Korea; Mexico; Republic of Moldova; Montenegro; New Zealand; North Macedonia; 
Norway; Philippines; Qatar; Kingdom of Saudi Arabia; 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 Declarati on is a contribution to the multilateral process on the WTO 
response to the pandemic.  
 
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* This revision is to add Georgia  as co-sponsor  to the communication . WT/GC/W/823/Rev.5  
 
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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 PANDEMICS  
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 acces s to essential medical goods1 during a pandemic requires resilient 
and robust supply chains that function in a stable and predictable trading environment,  
Recognizing that the equitable distribution of essential medical goods, including COVID -19 vaccines,  
therapeutics, diagnostics, and related vaccine materials, requires concerted 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 act ions are not intended to be prescriptive and do not cover the 
whole universe 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 e ach 
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 materials, 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.  
 
 
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 pharmaceuti cal 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 vaccines 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 editio n of the list available at: http://www.wcoomd.org/ -
/media/wco/public/global/pdf/topics/nomenclature/covid_19 /hs-classification -reference_edition -
3_en.pdf?la=en  and the list of HS classifications 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/Rev.5  
 
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  In do ing 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 d eveloped and developing countries, 
many of which have scarce manufacturing capacities 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 medical 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 essential medical goods, including 
COVID -19 vaccines, therapeutics, diagnostics and related vaccine materials, recognize a 
particular responsibility for contributing to the objectiv e of achieving equitable access to 
such goods , in particular for Members which are highly dependent on imports from those 
Members . 
 
Any export restrictions including the applicable period of validity or review date, s hould be promptly 
notified to the WTO a nd published on a domestic website. The notification should include justification 
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 p eriod 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  of international concern . 
 
Equally, if following the review referred 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 provide d. 
 
The WTO Secretariat will immediately share all information on export restrictions 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 rea dy to enter into urgent consultations with any other affected Member which 
considers that the measures, whether in application or design, may seriously disrupt supply chains 
or discourage exports, and consequently affect  that Member’s access to essential m edical 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 ess ential medical goods, including COVID -19 vaccines, 
therapeutics, diagnostics and related vaccine materials 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 sca rce essential medical goods, 
including COVID -19 vaccines, therapeutics, diagnostics and related vaccine materials amongst WTO 
Members, in particular the most vulnerable ones.  
 WT/GC/W/823/Rev.5  
 
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  2. CUSTOMS, SERVICES AND TECHNICAL REGULATIONS  
We will:  
 
- share experiences as regar ds 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. Such measures may 
include d igital 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 efforts to accelerate the i mplementation 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 effective 
manner; and  
 
- cooperate i n 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.  
 
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 well as the Council for Trad e in Goods 
and Council for Trade in Services.  
 
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 account each Member's 
circumst ances. 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 World 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 design, may lead to restricting exports.  
 
We will engage fully with the trade monitoring exercises done on a regul ar 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 q uick 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 th ereafter 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 informa tion or clarification to the WTO Secretariat for the purpose of the 
preparation of  such a report.   
 
  
 
2 See footnote 1.  WT/GC/W/823/Rev.5  
 
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  5. CONTRIBUTIONS TO INTERNATIONAL EFFORTS TO EXPAND PRODUCTION OF 
ESSENTIAL MEDICAL GOODS AND ENHANCE RESILIENCE TO HEALTH CRISES  
We will intensify our effor ts and strengthen our collaboration with other international organizations 
and the private sector to support the innovation, production and distribution 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 str ongly 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 dedica ted 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 Countervailing Me asures.  
 
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 research o f 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 r espective 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 goods 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 
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 improve 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 C ONFERENCE 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 Ministe rs, 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 
preparedness 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.  
 
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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 Membe r.