NINTH MEETING OF THE INTERGOVERNMENTAL
NEGOTIATING BODY TO DRAFT AND NEGOTIATEA WHO CONVENTION, AGREEMENT OR OTHER
INTERNATIONAL INSTRUMENT ON PANDEMIC
PREVENTION, PREPAREDNESS AND RESPONSE
Provisional agenda item 2

A/INB/9/3
13 March 2024

Revised draft of the negotiating textof the WHO Pandemic Agreement

A/INB/9/3

The Parties to the WHO Pandemic Agreement,
Recognizing that the World Health Organization is fundamental to strengthening pandemic prevention,
preparedness and response, as it is the directing and coordinating authority on international health work,
Recalling the Constitution of the World Health Organization, which states that the enjoyment of thehighest attainable standard of health is one of the fundamental rights of every human being without
distinction of race, religion, political belief, economic or social condition,
Recognizing that the international spread of disease is a global threat with serious consequences forlives, livelihoods, societies and economies that calls for the widest possible international cooperation inan effective, coordinated, appropriate and comprehensive international response, while reaffirming theprinciple of sovereignty of States in addressing public health matters,
Deeply concerned by the gross inequities at national and international levels that hindered timely andequitable access to medical and other coronavirus disease (COVID-19) pandemic-related products, andthe serious shortcomings in pandemic preparedness,
Recognizing the critical role of whole-of-government and whole-of-society approaches at country andcommunity levels, and the importance of international, regional and cross-regional collaboration,
coordination and global solidarity in achieving sustainable improvements in pandemic prevention,
preparedness and response,
Recognizing the importance of ensuring political commitment, resourcing and attention across sectors
for pandemic prevention, preparedness and response,
Reaffirming the importance of multisectoral collaboration at national, regional and international levels
to safeguard human health, including through a One Health approach,
Reiterating the need to work towards building and strengthening resilient health systems, with skilled
and trained health and care workers, to advance universal health coverage and to adopt an equitableapproach to mitigate the risk that pandemics exacerbate existing inequities in access to health services,
Recognizing that the protection of intellectual property rights is important for the development of new
medical products, and recalling that intellectual property rights do not, and should not, prevent Member
States from taking measures to protect public health, and further recognizing concerns about the effects
of intellectual property rights on prices,
Recognizing Member States’ sovereign rights over their genetic resources and underscoring theimportance of promoting the early, safe, transparent and rapid sharing of samples and genetic sequence
data of pathogens with pandemic potential, as well as the fair and equitable sharing of benefits arising
therefrom, taking into account relevant national and international laws, regulations, obligations andframeworks,
Acknowledging that unequal development in different countries in the promotion of health and control
of disease, especially communicable disease, is a common danger that requires support throughinternational collaboration, and that pandemic prevention, preparedness and response at all levels andin all sectors, particularly in developing countries, requires predictable, sustainable and sufficientfinancial, human, logistic and technical resources,
Have agreed as follows:2

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Chapter I. Introduction
Article 1. Use of terms
For the purposes of the WHO Pandemic Agreement:(a) “biological materials” means clinical samples, specimens, isolates and cultures, either
original or processed, of a pathogen;(b) “genetic sequence” means the order of nucleotides identified in a molecule of DNA orRNA, and contains the genetic information that determines the biological characteristics of anorganism or a virus;(c) “genetic sequence data” means the order of nucleotides found in a molecule of DNA orRNA;1(d) “manufacturer” means any entity that produces, for commercial purposes, including bymeans of licensing agreements, diagnostics, therapeutics or vaccines for infectious diseases;(e) “One Health approach” means an integrated, unifying approach that aims to sustainably
balance and optimize the health of people, animals and ecosystems. It recognizes that the healthof humans, domestic and wild animals, plants and the wider environment (including ecosystems)
is closely linked and interdependent;(f)“PABS sequence databases” means publicly accessible databases that meet and agree tolegally binding terms of reference that include arrangements to notify users of benefit-sharing
provisions under the PABS system;(g) “pandemic-related products” means products that are needed for pandemic prevention,
preparedness and response, which may include, without limitation, diagnostics, therapeutics,
vaccines and personal protective equipment;(h) “Party” means a State or regional economic integration organization that has consented to
be bound by this Agreement, in accordance with its terms, and for which this Agreement is inforce;(i)“pathogen with pandemic potential” means any pathogen that has been identified to infecta human and that is: novel (not yet characterized) or known (including a variant of a known
pathogen), potentially highly transmissible and/or highly virulent with the potential to cause apublic health emergency of international concern;(j)“persons in vulnerable situations” means individuals, groups or communities with adisproportionate increased risk of infection, severity, disease or mortality in the context of apandemic;

1 Definition might need to be adjusted following finalization of the negotiation within CBD on the scope of Digital
Sequence Information, DSI, that, in addition to DNA and RNA, might include proteins and metabolites.

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A/INB/9/3(k) “regional economic integration organization” means an organization that is composed ofseveral sovereign states and to which its Member States have transferred competence over a rangeof matters, including the authority to make decisions binding on its Member States in respect of
those matters;1(l)“relevant diagnostic, therapeutic or vaccine” means a diagnostic, therapeutic or vaccinethat is prequalified by WHO or has received a positive WHO Emergency Use Listing assessment
or an authorization from a national regulatory authority for treatment, diagnosis or prevention ofa disease in relation to which WHO has declared a public health emergency of international
concern or characterized as a pandemic;(m) “universal health coverage” means that all people have access to the full range of quality
health services they need, when and where they need them, without financial hardship. It covers
the full continuum of essential health services, from health promotion to prevention, treatment,
rehabilitation and palliative care; and(n) “WHO-coordinated laboratory network” means laboratory alliances or networks
coordinated by WHO in which each laboratory meets WHO standards and agrees to legallybinding terms of reference that include arrangements to notify users of biological materials forpathogens with pandemic potential of benefit sharing provisions under the PABS system.

Article 2. Objective
The objective of the WHO Pandemic Agreement, guided by equity, and the principles andapproaches set forth herein, is to prevent, prepare for and respond to pandemics.

Article 3. Principles
To achieve the objective of the WHO Pandemic Agreement and to implement its provisions, theParties will be guided, inter alia, by the following:
1.
full respect for the dignity, human rights and fundamental freedoms of all persons, and theenjoyment of the highest attainable standard of health of every human being;2.
the sovereign right of States to adopt, legislate and implement legislation, within their jurisdiction,in accordance with the Charter of the United Nations and the general principles of international law, andtheir sovereign rights over their biological resources;3.
equity as the goal and outcome of pandemic prevention, preparedness and response, ensuring theabsence of unfair, avoidable or remediable differences among groups of people;
4.
common but differentiated responsibilities and respective capabilities in pandemic prevention,
preparedness, response and recovery of health systems;
5.
solidarity, transparency and accountability to achieve the common interest of a more equitableand better prepared world to prevent, respond to and recover from pandemics; and6.
the best available science and evidence as the basis for public health decisions for pandemic
prevention, preparedness and response.

1 Where appropriate, “national” will refer equally to regional economic integration organizations.

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Chapter II.

The world together equitably: achieving equity in, for and throughpandemic prevention, preparedness and response

Article 4. Pandemic prevention and surveillance
1.
The Parties commit to take measures to progressively strengthen pandemic prevention andcoordinated multisectoral surveillance, taking into account national capacities and national and regional
circumstances.
2.

The Parties shall undertake to cooperate:(a) in the implementation of the provisions of this Article, in particular through enhancing
financial and technical support to developing countries; and(b) in support of relevant global and/or regional initiatives aimed at preventing pandemics, inparticular those that improve surveillance, early warning and risk assessment; promote evidencebased actions, risk communication and community engagement; and identify settings andactivities presenting a risk of emergence and re-emergence of pathogens with pandemic potential.

3.
Each Party commits to progressively strengthen pandemic prevention and coordinatedmultisectoral surveillance, taking into account its national capacities, including through:(a) coordinated multisectoral surveillance: (i) detect and conduct risk assessments of emerging
or re-emerging pathogens, including pathogens in animal populations that may present significant
risks of zoonotic spill-over, in accordance with the International Health Regulations (2005); and(ii) share the outputs of relevant surveillance and risk assessments within their territories with
WHO and other relevant agencies;(b) community-based early detection and control measures: leverage community capacities,
networks and mechanisms to detect unusual public health events and contain them at the source;(c) water, sanitation and hygiene: strengthen efforts to ensure access to safe water, sanitationand hygiene, including in hard-to-reach settings;(d) infection prevention and control: implement active infection prevention and control
measures in all health care facilities and institutions, in line with relevant international standards
and guidelines;(e) zoonotic spill-over and spill-back prevention: (i) identify settings and activities that create orincrease the risk of disease emergence and re-emergence at the human–animal–plant–environment
interface; (ii) take measures to reduce risks of zoonotic spill-over and spill-back associated withthese settings and activities, including measures aimed at safe and responsible management of
wildlife, farm and companion animals, in line with relevant international standards andguidelines;(f)laboratory biosafety and biological risk management: develop, strengthen and maintainbiosafety and biological risk management, in particular with regard to laboratories and researchfacilities, in order to prevent the accidental exposure, misuse or inadvertent release of pathogens,consistent with applicable international and national rules, standards and guidelines;

5A/INB/9/3(g) vector-borne disease surveillance and prevention: develop, strengthen and maintaincapacity to conduct risk assessments of vector-borne diseases that may lead to pandemic
situations; and(h) antimicrobial resistance (AMR): take measures to address pandemic-related risks
associated with the emergence and spread of pathogens that are resistant to antimicrobial agents,
including through the development and implementation of national and, where relevant, regional
antimicrobial resistance action plans, taking into account relevant international guidelines, andwith the aim of facilitating affordable and equitable access to antimicrobials.
4.

To implement the provisions in this Article, each Party shall:(a) taking into account national capacities, ensure that relevant national, and where applicableregional, action plans, policies and/or strategies, include comprehensive, coordinated andmultisectoral pandemic prevention measures and surveillance;(b) develop, strengthen and maintain pandemic prevention capacities to complement the corecapacities for surveillance, prevention and response as set out in the International HealthRegulations (2005); and(c) take into account recommendations, guidelines and standards developed and adopted by
WHO and other relevant intergovernmental organizations or bodies, in the development ofrelevant national and, where applicable, regional policies, strategies and measures to prevent
pandemics.

5.
The Parties recognize that environmental, climatic, social, anthropogenic and economic factors
increase the risk of pandemics and endeavour to identify these factors and take them into considerationin the development and implementation of relevant policies, strategies and measures, including bystrengthening synergies with other relevant international instruments and their implementation.
6.
The Conference of the Parties may adopt, as necessary, guidelines, recommendations andstandards, including in relation to pandemic prevention capacities, to support the implementation of this
Article.

Article 5. One Health approach to pandemic prevention, preparedness and response
1.
The Parties commit to promote a One Health approach for pandemic prevention, preparedness
and response that is coherent, comprehensive, integrated, coordinated and collaborative among relevant
actors and sectors.
2.
For this purpose, each Party shall, taking into account its national circumstances and capacities,
take measures to:(a) implement relevant national policies, strategies and measures that reflect a One Healthapproach;(b) promote the effective and meaningful engagement of communities in the development andimplementation of policies, strategies and measures to prevent, detect and respond to zoonotic
outbreaks; and6

A/INB/9/3(c) promote or establish, as necessary, One Health workforce training and continuing
education programmes for public health, animal health and environment sectors, to build
complementary skills, capacities and capabilities.
3.
The Parties shall contribute to the further development and updating of international standards
and guidelines to detect, reduce risks of, monitor and manage zoonotic spill-over and spill-back, incollaboration with WHO and relevant intergovernmental organizations.
4.
The Parties shall develop and implement or strengthen, as appropriate, bilateral, subregional,
regional and other multilateral mechanisms to enhance financial and technical support, assistance andcooperation, in particular in respect of developing countries, in relation to promoting and taking
measures towards One Health.

Article 6. Preparedness, health system resilience and recovery
1.
Each Party commits to develop, strengthen and maintain its health system, including primary
health care, for pandemic prevention, preparedness and response, taking into account the need for equity
and resilience, with a view to the progressive realization of universal health coverage.
2.
Each Party commits, in accordance with applicable laws and regulations, to strengthen andreinforce health system functions, including by adopting and/or developing policies, plans, strategies
and measures, as appropriate, for:(a) sustaining and monitoring the timely provision of, and equitable access to, quality routine
and essential health services during pandemics with a focus on primary health care, routine
immunization and mental health care, and with particular attention to persons in vulnerable
situations;(b) developing, strengthening and maintaining health infrastructure as well as public andanimal health institutions, including academic and research centres, at national, regional andinternational levels;(c)developing post-pandemic health system recovery strategies;(d) developing, strengthening and maintaining, as necessary, public health, animal health andenvironmental laboratory and diagnostic capacities, and associated national, regional and global
networks, through the application of relevant standards and protocols for laboratory biosafety andbiological risk management;(e) developing, strengthening and maintaining: health information systems for early detection,
forecasting, and timely information sharing; civil registration and vital statistics; and associateddigital health and data science capacities; and(f)promoting the use of social and behavioural sciences, risk communication and community
engagement for pandemic prevention, preparedness and response.
3.
The Parties commit to cooperate, within means and resources at their disposal, and with thesupport of the WHO Secretariat and other relevant organizations, in order to provide or facilitate
financial, technical and technological support, assistance, capacity-strengthening and cooperation, inparticular in respect of developing countries.

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4.
The Parties shall identify and promote relevant international data standards and interoperability
that enable timely sharing of public health data for preventing, detecting and responding to public health
events.

Article 7. Health and care workforce
1.
Each Party, in accordance with its national circumstances, commits to take, where appropriate,
the necessary measures to safeguard, protect, invest in, retain and sustain an adequate, skilled and trained
health and care workforce, with the aim of strengthening capacities for pandemic prevention,
preparedness and response, while maintaining quality essential health services and essential publichealth functions during pandemics. To this end, each Party commits, where appropriate, to:(a) protect the safety and security of the health and care workforce, including throughstrengthening decent work conditions, addressing mental health and well-being, ensuring priority
access to necessary tools and supplies, including to pandemic-related products during pandemic
emergencies, as well as addressing harassment, violence and threats against health and care
workers;(b) address disparities, inequalities, discrimination, stigma and bias, including issues related togender and youth and unequal remuneration and opportunities, such as barriers faced by women
to reaching leadership and decision-making roles, within the health and care workforce
particularly during health emergencies, to support the meaningful representation, engagement,
consultation, participation and empowerment of all health and care workers;(c) establish and maintain national workforce planning systems and strategies to rapidly,
effectively and efficiently deploy health and care workers to maintain quality essential healthservices and essential public health functions, prior to and during pandemics;(d) take measures to ensure self-sufficiency in health and care workforce education,
employment and retention in advance of public health emergencies; and(e) strengthen, pre- and in- service competency-based education and training, deployment,
remuneration, distribution and retention, including in rural and hard-to-reach areas, of the healthand care workforce.
2.
The Parties commit to assist and provide financial and technical support within means andresources at their disposal to other Parties in need, with special attention to the needs of countries thatare particularly vulnerable to the adverse effects of pandemics, in order to strengthen and sustain askilled and competent health and care workforce capable of maintaining quality essential health services,
essential public health functions and emergency preparedness and response, at subnational, national andregional levels.
3.
The Parties commit to collaborate, where appropriate, through multilateral and bilateralarrangements and consistent with the WHO Global Code of Practice on the International Recruitment
of Health Personnel and other applicable international norms, codes and standards, promoting ethical,
international recruitment principles and equity, to minimize the negative impact of health workforce
migration on health systems while respecting the freedom of movement of health professionals.
4.
The Parties, building on existing bilateral and multilateral networks, shall invest in establishing,sustaining, coordinating and mobilizing a skilled and trained multidisciplinary global public healthemergency workforce that is able to manage health emergencies closest to where they start. For this8

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purpose, Parties shall invest in designating, at national and where appropriate regional level,interdisciplinary emergency health teams to ensure the essential functions and surge capacities necessary
to deploy in a pandemic emergency and to support Parties upon request. Parties having establishedemergency health teams should inform WHO thereof and make best efforts to respond to requests for
deployment by Parties affected by a pandemic emergency to which they are not able to fully respondwith their national resources.
5.
The Parties shall develop or strengthen, leveraging or building on existing national and regional
education institutions, centres of excellence and networks, a skilled and competent health and care
workforce at subnational, national and regional levels, with the capacity to maintain quality essential
health services, essential public health functions and to respond rapidly to public health threats ofpandemic potential.
6.
Each Party commits to take the necessary steps to ensure decent work conditions and a safe andhealthy environment for other essential workers that provide essential public goods and services during
pandemics.

Article 8. Preparedness monitoring and functional reviews
1.
The Parties shall, building on existing and relevant tools, develop and implement an inclusive,transparent, effective and efficient pandemic prevention, preparedness and response monitoring andevaluation system.
2.
Each Party shall assess, every five years, with technical support from the WHO Secretariat uponrequest, the functioning and readiness of, and gaps in, its pandemic prevention, preparedness andresponse capacity, based on the relevant tools and guidelines developed by WHO in partnership with
relevant organizations at international, regional and subregional levels.

Article 9. Research and development
1.
The Parties shall cooperate to build, strengthen and sustain national, regional and international
capacities and institutions for research and development, particularly in developing countries, and shallpromote scientific collaboration for the rapid sharing of information and access to research results andoutcomes, including through open science approaches.
2.

To this end, the Parties shall promote:(a) sustained investment in research and development for public health priorities, including for
pandemic-related products, and support for research institutions and networks that can rapidly
adapt and respond to research and development needs in the event of a pandemic emergency;(b) technology co-creation and joint venture initiatives that engage the participation of, andinternational collaboration among, scientists and/or research centres, particularly from developing
countries, including from the public and, as appropriate, private sector;(c) innovative research and development, including community-led and cross-sector
collaboration, for addressing pathogens with pandemic potential;(d) equitable access to research knowledge, evidence synthesis, knowledge translation andevidence-based communication tools, strategies and partnerships, relating to pandemic
prevention, preparedness and response;

9A/INB/9/3(e) capacity-building programmes, projects and partnerships, and substantial and sustained
support for research and development, including basic and applied research, such as early-stage
research, product discovery, pre-clinical and translational research;(f)international collaboration and coordination, including with the private sector, to set
common objectives, research goals and priorities, to develop pandemic-related products fordiverse populations and settings, with a central role for WHO;(g) access for scientists and researchers, particularly from developing countries, to relevantinternational scientific research programmes, projects and partnerships, including those referred
to in this Article, as well as scientific publications;(h) the sharing of information on national research agendas, capacity-building activities, andresearch and development priorities during pandemic emergencies; and(i)research on the causes and effects of pandemics, on their prevention and management,
including: (i) the epidemiology of emerging diseases, factors driving disease spill-over or
emergence, and behavioural science; (ii) public health and social interventions used to control
pandemics and their effect on the spread of disease and the burden imposed by these measures onsociety, including its economic cost; and (iii) relevant health products, with the aim of promoting
equitable access, including their timely availability, affordability and quality.
3.
The Parties shall, in accordance with national circumstances and mindful of relevant international
standards, take steps to strengthen international coordination and collaboration to support well-designed
and well-implemented clinical trials, by developing, strengthening and sustaining clinical trial capacities
and research networks at the national, regional and international levels.
4.
The Parties shall support new and existing mechanisms to facilitate the rapid reporting andinterpretation of data from clinical trials, to develop or modify, as necessary, relevant clinical trial
guidelines, including during a pandemic.
5.
Each Party shall, in accordance with national law, support the transparent and public sharing ofresearch inputs and outputs from research and development of government-funded pandemic-related
products, including scientific publications with data shared and stored securely.
6.

Each Party shall develop national policies to:(a) include provisions in government-funded research and development agreements for thedevelopment of pandemic-related products that promote timely and equitable global access tosuch products during public health emergencies of international concern and pandemics. Suchprovisions may include: (i) licensing and/or sublicensing, preferably on a non-exclusive basis;(ii) affordable pricing policies; (iii) technology transfer on voluntary terms; (iv) publication of
relevant information on research inputs and outputs; and/or (v) adherence to product allocation
frameworks adopted by WHO; and(b) publish relevant terms of government-funded research and development agreements
promoting equitable and timely access to such products during a pandemic emergency.

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Article 10. Sustainable and geographically diversified production
1.
The Parties commit to achieving a more equitable geographical distribution and scaling up of the
global production of pandemic-related products, and increasing sustainable, timely, fair and equitable
access to such products, as well as reducing the potential gap between supply and demand during
pandemics.
2.

The Parties, in collaboration with WHO and other relevant organizations, shall:(a) take measures, in cooperation with regional organizations, to provide support, maintain andstrengthen production facilities at national and/or regional levels, particularly in developing
countries, and to facilitate scaling up of production of pandemic-related products during
emergencies, including through promoting and/or incentivizing public and private investment
aimed at creating or expanding economically viable manufacturing facilities of relevant healthproducts;(b) facilitate the continuous and sustainable operations of the facilities referred to in
subparagraph 2(a) of this Article, including through promoting transparency of relevant
unprotected information on pandemic-related products and raw materials across the value chain;(c) facilitate the transfer of relevant technology, know-how, and licences pooled in relevantmechanisms (as referred to in Article 11), including during interpandemic times, to ensure thesustainability of the facilities referred to in subparagraph 2(a) of this Article;(d) take measures, and encourage international organizations, to establish long-term contracts
and make investments, especially in developing countries’ facilities preferably with a regional
scope of operation, to ensure regular production of pandemic-related products produced by local
and regional manufacturers;(e) facilitate and support authorization of pandemic-related products produced by the facilities
referred to in subparagraph 2(a) of this Article; and(f)support and/or facilitate skills development, capacity-building and other initiatives for
production facilities.

3.
Each Party shall promote public and private sector investments aimed at creating or expanding
manufacturing facilities for pandemic-related products, especially regional manufacturers based indeveloping countries.

Article 11. Transfer of technology and know-how
1.
In order to enable sufficient, sustainable and geographically-diversified production ofpandemic-related products each Party, taking into account its national circumstances, shall:(a) promote and otherwise facilitate or incentivize the transfer of technology and know-how
for both pandemic-related and routine health products, including through the use of licensing andcollaboration with regional or global technology transfer partnerships and initiatives, and inparticular for the benefit of developing countries and for technologies that have received publicfunding for their development;

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A/INB/9/3(b) promote the timely publication by private rights holders of the terms of licensing
agreements and/or technology transfer agreements for pandemic-related products, in accordancewith national laws;(c) make available licences, on a non-exclusive, worldwide and transparent basis and for the
benefit of developing countries, for government-owned pandemic-related products, and shall
publish the terms of these licences at the earliest reasonable opportunity and in accordance withnational laws; and(d) provide, within its capabilities, support for capacity-building for the transfer of technology
and know-how for pandemic-related products.
2.
The Parties shall develop and strengthen, as appropriate, mechanisms coordinated by WHO withthe participation of other relevant technology transfer mechanisms as well as other relevantorganizations, to promote and facilitate the transfer of technology and know-how for pandemic-related
products to geographically diverse research and development institutes and manufacturers, particularly
in developing countries, through the pooling of knowledge, intellectual property, know-how and data to
all developing countries.
3.

During pandemics, in addition to the undertakings in paragraph 1 of this Article, each Party shall:(a) encourage holders of relevant patents regarding pandemic-related products, in particular
those who received public funding, to forgo or otherwise charge reasonable royalties todeveloping country manufacturers for the use, during the pandemic, of their technology andknow-how for the production of pandemic-related products; and(b) consider supporting, within the framework of relevant institutions, time-bound waivers ofintellectual property rights to accelerate or scale up the manufacturing of pandemic-related
products to the extent necessary to increase the availability and adequacy of affordable
pandemic-related products.

4.
The Parties that are WTO Members recognize that they have the right to use to the full, theflexibilities inherent in the TRIPS Agreement as reiterated in the Doha Declaration on the TRIPS
Agreement and Public Health of 2001, which provide flexibility to protect public health including in
future pandemics, and shall fully respect the use thereof by others.
5.
Each Party shall, as necessary and appropriate, review and update its national legislation in orderto ensure the implementation of such flexibilities referred to in paragraph 4 of this Article in a timely
and effective manner.
6.
The WHO Secretariat shall work towards the improvement of access to pandemic-related
products, especially during pandemic emergencies, through transfer of technology and know-how,including through cooperation with relevant international organizations.

Article 12. Access and benefit sharing
1.
The Parties hereby establish a multilateral system for access and benefit sharing for pathogens
with pandemic potential: the WHO Pathogen Access and Benefit-Sharing System (PABS System).
2.
The PABS System aims to ensure rapid, systematic and timely access to biological materials of
pathogens with pandemic potential and the genetic sequence data (GSD) for such pathogens, which
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contributes to strengthened global surveillance and risk assessment, and facilitates research, innovationand development of health products; and on an equal footing, equitable, fair and rapid sharing ofmonetary and non-monetary benefits, including timely, effective and predictable access to relevant
diagnostics, therapeutics or vaccines, based on public health risks, needs and demand, contributing to
the rapid and timely control of public health emergencies of international concern and pandemics.
3.
When a Party has access to a pathogen with pandemic potential, it shall, using applicablebiosafety, biosecurity and data protection standards:(a)share with WHO any pathogen sequence information as soon as it is available to the Party;(b) as soon as biological materials are available to the Party, provide the materials to one ormore laboratories and/or biorepositories participating in WHO-coordinated laboratory networks(CLNs), which meet the legally binding terms of reference, as referenced below, with anelectronic label of “PABS biological material” which will follow through to the end products
and/or publications, and shall notify users of biological materials of the benefit-sharing provisions
under the PABS System, recognizing that each Party may also share such biological materials toentities outside the CLNs. All users of biological materials shall have legal obligations under
PABS regarding benefit sharing; and(c) as soon as pathogen GSD is available to the Party, upload the GSD and relevant metadata
to one or more PABS sequence databases (SDBs) which meet the legally binding terms ofreference, as referenced below, an electronic label of “PABS GSD” which will follow through tothe end products and/or publications, and shall notify the users of GSD of the benefit-sharing
provisions under the PABS System, recognizing that each Party may also share such GSD outside
the SDBs. All users of GSD shall have legal obligations under PABS regarding benefit-sharing.
4.
The Parties consent to the further transfer and use of biological materials and GSD provided to
the CLNs and SDBs, with an electronic label of “PABS biological material” or “PABS GSD”, inaccordance with the provisions of this Article including on benefit sharing, as well as applicablebiosafety, biosecurity and data protection standards. Parties agree that intellectual property rights may
not be sought on such materials and GSD.
5.
The Parties agree that WHO shall develop, in accordance with the relevant templates to be
developed by the Parties, as referenced in paragraph 11 of this Article, as well as consistent with the
WHO regulations for study, scientific groups, collaborating institutions and other mechanisms ofcollaboration, legally binding terms of reference for the CLNs and SDBs with arrangements to notify
the users of biological materials and GSD of the benefit-sharing provisions of the PABS system.
6.
WHO shall conclude legally binding standard PABS contracts with manufacturers to provide thefollowing, taking into account the size, nature and capacities of the manufacturer:(a) annual monetary contributions to support the PABS System and relevant capacities incountries; the determination of the annual amount, use, and approach for monitoring andaccountability, shall be finalized by the Parties;(b) real-time contributions of relevant diagnostics, therapeutics or vaccines produced by the
manufacturer, 10% free of charge and 10% at not-for-profit prices during public healthemergencies of international concern or pandemics, to be made available through the Network
established under Article 13 for use on the basis of public health risks, needs and demand; and13

A/INB/9/3(c) voluntary non-monetary contributions, such as capacity-building activities, scientific andresearch collaborations, non-exclusive licensing agreements, arrangements for transfer oftechnology and know-how in line with Article 11, tiered pricing for relevant diagnostics,
therapeutics or vaccines.
7.
The Parties agree on the following benefit-sharing provisions to be applied to users of biologicalmaterials and GSD shared through the CLNs and SDBs:(a) entities that use biological materials and GSD shared through the CLNs and SDBs forcommercial purposes, other than for the manufacture of diagnostics, therapeutics or vaccines, areto support the PABS System through voluntary contributions, taking into account the size, natureand capacities of the entity, such as monetary contributions, capacity-building activities,
non-exclusive licensing agreements, arrangements for transfer of technology and know-how inline with Article 11, and/or scientific and research collaborations; and(b) entities that use biological materials and GSD shared through the CLNs and SDBs for
non-commercial purposes are to acknowledge the providers of the biological materials and GSD
in relevant presentations or publications; contribute to public dissemination and transparency of
research results; and, as appropriate, taking into account the size, nature and capacities of theentity, actively engage in scientific and academic collaborations, training and capacity-building
activities, and consider voluntary monetary contributions to support the PABS System.
Each Party, in respect of such a user operating within its jurisdiction, shall take all appropriate
steps, in accordance with its relevant laws and circumstances, to encourage such a user to provide
benefits in accordance with subparagraphs (a) and (b) of this Article.
8.
The Parties shall cooperate and take appropriate measures, such as conditions in public
procurements or on public financing of research and development, prepurchase agreements, or
regulatory procedures, to encourage and facilitate as many manufacturers as possible to enter into
standard PABS contracts as early as possible.
9.
During a pandemic, each Party in a position to do so shall, within available resources and subject
to applicable laws and in line with Article 13, set aside a portion of its total procurement of relevant
diagnostics, therapeutics or vaccines in a timely manner for use in countries facing challenges in meeting
public health needs and demand for relevant diagnostics, therapeutics or vaccines.
10. To support operationalization of the PABS System, WHO shall maintain updated lists of CLNs
and SDBs, as well as of known pathogens that are pathogens with pandemic potential. WHO shall report
regularly to the Parties on the conclusions of standard PABS contracts, and shall make such contracts
public, while respecting commercial confidentiality. WHO shall use measures such as prequalificationand the WHO Emergency Use Listing procedure to promote the PABS System and encourage
manufacturers to conclude standard PABS contracts.
11. Templates for the standard PABS contracts and for legally binding terms of reference agreementswith CLNs and SDBs shall be developed by the Parties.
12. The Parties who are Parties to the Convention on Biological Diversity and its Nagoya Protocol
recognize that the PABS System, when fully operational, is consistent with and does not run counter tothe objectives of the Nagoya Protocol; shall function as a specialized international access andbenefit-sharing instrument; and is the applicable access and benefit-sharing system for biological

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materials and GSD for pathogens with pandemic potential. Accordingly, each such Party shall takeeffective legislative, executive, administrative or other measures at the appropriate government level togive effect to this recognition. Parties who are not Parties to the Convention on Biological Diversity andits Nagoya Protocol shall take such measures with respect to any relevant domestic legislation to ensurealignment with the objectives and implementation of this provision.
13. The Parties shall cooperate to support the effective operation of the PABS System, including by
taking all necessary steps to facilitate the shipment of biological materials, and the export of necessary
health products during a public health emergency of international concern or pandemic, in accordancewith applicable international law.
14. The Conference of the Parties shall regularly review the operation, monitor adherence andeffectiveness of the PABS System and shall take the decisions necessary to promote and support its
effective and sustainable implementation.

Article 13. Supply chain and logistics
1.
The Global Supply Chain and Logistics Network (the Network) is hereby established. The
Network shall be developed, coordinated and convened by WHO in partnership with the Parties andother relevant international and regional stakeholders, and shall be guided by the principles of equity,transparency, inclusivity, timeliness, fairness and consideration of public health needs. The Network
shall pay particular attention to the needs of developing countries, including those in fragile andhumanitarian settings.
2.
The Conference of the Parties shall, at its first meeting, define the structure and modalities of the
Network, which shall aim at ensuring the following:(a) collaboration among the Parties and other relevant stakeholders during and between
pandemics;(b)

assignment of functions to stakeholders based on competencies and expertise; and(c)accountability and transparency in the functioning of the Network.

3.
The Parties shall periodically review the operationalization of the Network, including the support
provided by Parties and other stakeholders during and between pandemics.
4.

The functions of the Network shall include:(a) identifying the types of pandemic-related products and estimating the quantities needed andanticipated demand for robust pandemic prevention, preparedness and response;(b) identifying the sources of safe, effective and quality assured pandemic-related products,
including raw materials and potential surge capacities as well as developing and maintaining atool for this purpose;(c) identifying, assessing, keeping under review and facilitating the most efficient means ofprocuring quality pandemic-related products, potentially including pooled procurement and/or
advance purchase agreements, to enhance equitable, timely and affordable access to theseproducts;

15

A/INB/9/3(d) promoting transparency in cost, pricing and other relevant data on products, including raw
materials, across the value chain;(e) promoting and coordinating within the Network to avoid competition for resources amonginternational procuring entities, including regional organizations and/or mechanisms;(f)collaborating with relevant national authorities and organizations/institutions, as
appropriate, and taking into account national and regional circumstances to establish, strengthen
and maintain national, regional and/or international stockpiles of various pandemic-related
products, including stockpiles earmarked for humanitarian settings, as well as to maintain related
logistic capacities and assess them at regular intervals;(g) facilitating the equitable allocation of pandemic-related products, including those procured
through the facilitation by the Network, acquired through the PABS or donated by countries asreferred to in Article 13bis, paragraph 2, based on public health risks and needs, and taking into
account factors, such as population size, demographic structure, epidemiological situation andhealth system capabilities of beneficiary countries and their readiness and capacity to utilize suchproducts;(h) facilitating the most efficient delivery and distribution of pandemic-related products,
including, as appropriate, through regional stockpiles, consolidation hubs and staging areas, while
taking into account specific requirements for these pandemic-related products, including inhumanitarian settings; and(i)assisting countries in meeting the requirements for the effective utilization of specificpandemic-related products, as needed and requested.
5.
The WHO, as the convenor of the Network, shall report regularly to the Conference of the Parties
on all matters relevant to the implementation of this Article.

Article 13bis: National procurement- and distribution-related provisions
1.
Each Party shall publish the terms of its government-funded purchase agreements forpandemic-related products at the earliest reasonable opportunity and in accordance with applicable laws,
and shall exclude confidentiality provisions that serve to limit such disclosure. Each Party shall also
encourage [regional and global purchasing mechanisms] to do the same.
2.
Each Party, in accordance with national laws, shall include provisions in government-fundedpurchase agreements for pandemic-related products that promote timely and equitable global access tosuch products, such as provisions that:(a)permit the donation of such products outside of its territories;(b)facilitate potential modifications in order to address supply gaps around the world;(c) incentivize or otherwise encourage licensing and other transfer of technology, in particular
for the benefit of developing countries; and(d) incentivize or otherwise encourage the formulation and sharing of global access plans forthe products.

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3.
The Parties recognize the importance of ensuring that any emergency trade measures designed torespond to a pandemic are targeted, proportionate, transparent and temporary, and do not create
unnecessary barriers to trade or unnecessary disruptions in supply chains.
4.
The Parties commit to ensure rapid and unimpeded access of humanitarian relief personnel, as
well as their means of transport, supplies and equipment, in accordance with international humanitarianlaw, and to respect the principles of humanity, neutrality, impartiality and independence of recognizedhumanitarian organizations for the provision of humanitarian assistance.
5.
Whenever possible, each Party shall take appropriate measures to promote rational use and reduce
waste of pandemic-related products, including through the sharing of products, and taking into accountthe circumstances of recipient countries.
6.
Each Party shall ensure that any national stockpiles do not unnecessarily exceed quantities neededfor domestic public health emergency preparedness and response.
7.
Whenever possible, when sharing pandemic emergency response with countries, organizations,or any mechanism that is facilitated by the Network, each Party shall abide by the following:(a) The selection and shelf life of pandemic emergency response-related products are data
driven and in alignment with identified needs and the distribution and administration/dispensing
timelines and capabilities of the recipients;(b) Prospective recipients are made aware of any expiration dates, availability of the products,
and required ancillaries as far in advance as possible;(c) As appropriate, sharing Parties coordinate with each other and with other global or regional
access mechanisms, to maximize allocation to populations with the highest risk and greatest
public health need and to facilitate rapid absorption/administration;(d) Products shared with global or regional access mechanisms are unearmarked for greatest
effectiveness and to support long-term planning;(e) Sharing Parties release products in large volumes and in a predictable manner, in order toreduce transaction costs and facilitate recipient planning; and(f)Shared products are accompanied by essential ancillaries and coordinated with theavailability of support for distribution and administration, to ensure rapid allocation andabsorption.
8.
Each Party shall facilitate the effective distribution, delivery and administration of pandemic-related
products in its domestic market.

Article 14. Regulatory systems strengthening
1.
Each Party shall strengthen its national and, where appropriate, regional regulatory authority
responsible for the authorization and approval of pandemic-related products, including through technicalassistance and/or cooperation with WHO, other Parties and relevant organizations, as appropriate, withthe aim of evaluating and monitoring the quality, safety and efficacy of such products.

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2.
Each Party shall take steps to ensure that it has legal, administrative and financial frameworks, as
appropriate, in support of:(a) issuing emergency authorizations and approvals for pandemic-related products and/or, as
appropriate, regulatory reliance processes for the timely authorization and approvals of suchproducts, consistent with national law, as well as systems to provide oversight of the quality,
safety and efficacy of those products; and(b) monitoring adverse events of such products through effective pharmacovigilance andpost-marketing surveillance.
3.
The Parties shall, as appropriate, monitor and strengthen rapid alert systems against substandard
and falsified pandemic-related products.
4.
Each Party shall, consistent with national laws, encourage manufacturers of pandemic-related
products, as appropriate, to generate and submit in a timely manner, relevant data and diligently pursue
regulatory authorizations, approvals and/or prequalification of pandemic-related products with WHO,
WHO listed authorities and other authorities as appropriate.
5.
Each party shall, in accordance with national laws, with the aim of enhancing transparency andregulatory reliance, make publicly available and keep updated in a timely manner:(a) information on national and, if applicable, regional regulatory processes for authorizing or
approving use of pandemic-related products; and(b) information on the pandemic-related products that it has authorized or approved, based on
quality, efficacy and safety, and any other information on which the decision was based.
The Parties encourage WHO to facilitate access to the information referred to in this paragraph.
6.

Each Party shall endeavour to, subject to national laws:(a) adopt, where needed, regulatory reliance processes in its national regulatory frameworks
for use during pandemic emergencies, taking into account relevant guidelines;(b) converge and/or align and, where possible, harmonize relevant technical and regulatory
requirements, in accordance with applicable international standards and guidance; and(c) provide support to help strengthen national regulatory authorities’ and regional regulatory
systems’ ability to respond to pandemic emergencies, as appropriate, through efforts such astechnical assistance, capacity-building, training and information exchange consistent withnational law.

7.
Each Party may consider adopting, within the limits of its national legislation, policies and legal
practices, guidance and technical documents concerning medical products from relevant international
regulatory harmonization initiatives or organizations and other relevant global or regional regulatory
forums.
8.
The Parties shall undertake to cooperate, to the extent possible, directly or indirectly and/or
through relevant international bodies including WHO and other relevant partners, to support and18

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improve regulatory capacity with the goal of enhancing the maturity level of the regulatory bodies, asassessed by WHO, and facilitating equitable geographical distribution and scaling up of the global
production of medical products.
Article 15. Liability and compensation management
1.
Each Party shall consider developing, as necessary and in accordance with applicable law,national strategies for managing liability in its territory related to pandemic vaccines and shall makesuch strategies publicly available. Strategies may include, inter alia, legal and administrative
frameworks; no-fault compensation mechanisms, potentially funded by private sector contributions;policies and other approaches for the negotiation of procurement and/or donation agreements.
2.
The Parties, within the framework of the Conference of the Parties, in collaboration with relevant
entities and multilateral organizations, as appropriate, shall develop recommendations for theestablishment and implementation of national, regional and/or global no-fault compensation
mechanisms and strategies for managing liability during pandemic emergencies, including with regard
to individuals that are in a humanitarian setting or vulnerable situations.

Article 16. International collaboration and cooperation
1.
The Parties shall collaborate and cooperate in global coordinated actions, with WHO and otherrelevant international organizations, as well as among themselves, in pandemic prevention, preparedness
and response, and in the implementation of this Agreement.
2.

The Parties shall:(a) promote global, regional and national political commitment, coordination and leadershipfor pandemic prevention, preparedness and response;(b)ensure that policy decisions are science- and evidence-based;(c) promote equitable representation as well as equal and meaningful participation in national,
regional and global decision-making processes; and(d) provide support to countries, upon request, through multilateral and bilateral partnershipsthat focus on developing capacities for effectively addressing health needs for pandemic
prevention, preparedness and response; and develop measures aimed at preventing thestigmatization of, and promoting solidarity with, countries that report public health emergencies.

Article 17. Whole-of-government and whole-of-society approaches
1.
The Parties are encouraged to adopt whole-of-government and whole-of-society approaches,
including to empower and enable community ownership of, and contribution to, community readinessfor and resilience to pandemic prevention, preparedness and response.
2.
Each Party shall establish or strengthen, and maintain, a national coordination multisectoral bodyfor pandemic prevention, preparedness and response.
3.
Each Party shall, taking into account its national circumstances, promote the effective andmeaningful engagement of communities, and other relevant stakeholders, as part of a whole-of-society
approach in planning, decision-making, implementation, monitoring and evaluation, and shall also
provide effective feedback opportunities.
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4.
Each Party shall develop, in accordance with national context, comprehensive national pandemic
prevention, preparedness and response plans that address pre-, post- and interpandemic periods that,inter alia:(a) identify and prioritize, as appropriate, populations, based on public health risk and need,for access to pandemic-related products and health services;(b) support the timely and scalable mobilization of the multidisciplinary surge capacity ofhuman and financial resources, and facilitate the timely allocation of resources to the frontline
pandemic response;(c) review the status of stockpiles and the surge capacity of essential public health and clinicalresources, and surge capacity in the production of pandemic-related products;(d) facilitate the rapid and equitable restoration of public health capacities and routine andessential health services during and following a pandemic; and(e) promote collaboration with relevant stakeholders, including the private sector and civilsociety, avoiding all forms of conflicts of interest, in a transparent manner.
5.
Each Party, based on national capacities, shall take the necessary steps to address the social,environmental and economic determinants of health and shall work to prevent or mitigate thesocioeconomic impacts of pandemics.
6.
Each Party shall take appropriate measures to strengthen national public health and social policies
to facilitate a rapid, resilient response to pandemics, especially for persons in vulnerable situations,
including by mobilizing social capital in communities for mutual support.

Article 18. Communication and public awareness1.
Each Party shall promote timely access to credible and evidence-based information on pandemics
and their causes, effects and drivers, with the aim of countering and addressing misinformation or
disinformation, particularly through risk communication and effective community-level engagement.
2.
The Parties shall, as appropriate, promote and/or conduct research and inform policies on factorsthat hinder or strengthen adherence to public health and social measures in a pandemic, as well as trustin science and public health institutions and agencies.
3.
The Parties shall promote and apply science- and evidence-based approaches to effective andtimely risk assessment, and culturally appropriate public communications.
4.
The Parties shall exchange information and cooperate, in accordance with national law, in
preventing misinformation and disinformation, and endeavour to develop best practices to increase theaccuracy and reliability of crisis communications.

Article 19. Implementation and support
1.
The Parties shall cooperate, directly and/or through relevant regional or international bodies, tosustainably strengthen pandemic prevention, preparedness and response capacities in countries,
particularly developing countries, which are Parties to the WHO Pandemic Agreement or theInternational Health Regulations (2005) (hereinafter referred to collectively as “Cooperating Parties”),

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taking into account especially the needs of developing countries, while closely coordinating support
provided under this Article with the provision of support under the International Health Regulations(2005). Such cooperation shall promote the sharing or transfer of technology and technical, scientificand legal expertise, as well as financial assistance and support for capacity-strengthening to those
Cooperating Parties which lack the means and resources to implement the provisions of this Agreement.
2.
The Parties shall, upon request, facilitate the provision of technical assistance and support for
those Cooperating Parties that have requested such assistance or support, in particular developing
countries, either bilaterally or through relevant regional and/or international organizations.
3.
The WHO Secretariat supporting the WHO Pandemic Agreement and the International HealthRegulations (2005), following the guidance of the governing bodies, in collaboration, as appropriate,with relevant regional and international organizations and other relevant bodies, shall provide assistanceto all countries that so request, particularly developing countries, and organize the technical and financial
assistance necessary to address such gaps and needs in implementing the commitments agreed uponunder the WHO Pandemic Agreement and the International Health Regulations (2005).

Article 20. Sustainable financing
1.
The Parties commit to working together to strengthen sustainable financing for healthemergencies as well as for pandemic prevention, preparedness and response. In this regard, each Party,
within the means and resources at its disposal, shall:(a) prioritize and maintain or increase, as necessary, domestic funding for pandemic
prevention, preparedness and response, without undermining other domestic public healthpriorities including for: (i) strengthening and sustaining capacities for the prevention,
preparedness and response to health emergencies and pandemics, in particular the core capacitiesof the International Health Regulations (2005); (ii) implementing national plans, programmes andpriorities; and (iii) strengthening health systems resilience;(b) mobilize financial resources through all sources, including existing and new bilateral,
subregional, regional and multilateral funding mechanisms, to assist in particular developing
country Parties, in the implementation of the WHO Pandemic Agreement, including throughgrants and concessional loans;(c) promote, within relevant bilateral, regional and/or multilateral mechanisms, innovative
financing measures, including but not limited to debt relief, based on transparent financial
reprogramming plans for pandemic prevention, preparedness, response and recovery ofhealth-system related actions, for affected countries whose debt payment might affect expenditures
on pandemic prevention, preparedness and response, and in the case of pandemics, take measuresfor debt relief, including the suspension of debt servicing and debt cancellation; and(d) encourage governance and operating models of existing financing entities to minimize theburden on countries, offer improved efficiency and coherence at scale, enhance transparency andbe responsive to the needs and national priorities of developing countries.
2.
The governing bodies of the Cooperating Parties shall adopt, every five years a Financial and
Implementation Strategy on pandemic prevention, preparedness and response. The Parties, particularly
those providing financial support for the strengthening of pandemic prevention, preparedness andresponse, shall align with the Financial and Implementation Strategy while financing the relevant
funding mechanisms, both within and outside WHO.

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3.
A Coordinating Financial Mechanism (the “Mechanism”) is hereby established to support theimplementation of both the WHO Pandemic Agreement and the International Health Regulations (2005)
in a sustainable, predictable, inclusive and transparent manner and accountable to the governing bodiesof the Cooperating Parties. The mechanism aims to increase the effectiveness and efficiency of existing
and future financial mechanisms, including by providing additional financial resources to strengthen
and expand capacities for pandemic prevention, preparedness and response in Cooperating Parties, inparticular in developing country Parties.
4.
The Mechanism shall include a pooled fund to provide financing to support, strengthen andexpand capacities for pandemic prevention, preparedness and response, and as necessary for day zero
surge response, in Cooperating Parties that require financial support. The fund may include sources frommonetary contributions received as part of operations of the PABS System, voluntary funds from bothStates and non-State actors and other contributions to be agreed upon by the Conference of the Parties.
5.
The Mechanism will also promote harmonization and coordination for financing pandemic
prevention, preparedness and response and International Health Regulations related capacities.
6.

The Mechanism shall, inter alia:(a) identify financing instruments and mechanisms that are available to serve the purposes ofpandemic prevention, preparedness and response, and maintain a dashboard of such instruments
and related information such as eligibility criteria, modalities and levels of funding available,
priorities and process requirements, including financial contributions made by Parties andnon-State actors, as applicable, to such instruments, and the funds allocated to countries fromsuch instruments;(b) establish, as necessary, following a mandate from the Conference of the Parties, working
arrangements with relevant identified financing instruments and entities to facilitate theiralignment with the Financial and Implementation Strategy;(c) provide advice and support, upon request, to Cooperating Parties in identifying andapplying in order to obtain access to financial resources in accordance with national pandemic
prevention, preparedness and response priorities and identified needs;(d) assess the availability of funds, and support the mobilization of financial resources freefrom conflict of interest; and(e) conduct relevant analyses on needs and gaps, in addition to tracking cooperation efforts, toinform the development of the Financial and Implementation Strategy, guide Cooperating Parties
and recommend course corrections as necessary.

7.
The Mechanism, including its fund, shall function under the authority and guidance of theConference of the Parties and be accountable to it. The Conference of the Parties shall adopt modalities
for the operationalization of the Mechanism, including eligibility criteria and the establishment of agoverning board of the Mechanism, with balanced representation of WHO regions and developed anddeveloping country Parties, within 12 months after the entry into force of the WHO Pandemic
Agreement.

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8.
The Conference of the Parties shall periodically review the effectiveness of the Mechanism, suchas policies, operational modalities and activities, and its first revision should be carried out no less than
two years after its establishment.

Chapter III. Institutional and final provisions
Article 21. Conference of the Parties
1.

A Conference of the Parties is hereby established.

2.
The Conference of the Parties shall keep under regular review, every three years, theimplementation of the WHO Pandemic Agreement and take the decisions necessary to promote its
effective implementation. To this end, it shall:(a) consider reports submitted by the Parties in accordance with Article 23 and adopt regular
reports on the implementation of the WHO Pandemic Agreement;(b) oversee any subsidiary bodies, including by establishing their rules of procedure andworking modalities;(c) promote and facilitate the mobilization of financial resources for the implementation of the
WHO Pandemic Agreement, in accordance with Article 20;(d) consider and review developed countries’ reports on their contribution to theimplementation of the WHO Pandemic Agreement or any other assistance offered towards
developing countries and reports submitted by such parties or countries on receiving such offers,
their acceptance, rejection or implementation, both submitted pursuant to Article 19 and provide
specific recommendations to the parties concerned on enhancing such cooperation and assistance;(e) invite, where appropriate in order to strengthen the implementation of the WHO Pandemic
Agreement, the services and cooperation of, and information provided by, competent and relevantorganizations and bodies of the United Nations system and other international and regional
intergovernmental organizations and nongovernmental organizations and bodies;(f)promote, including by establishing appropriate processes, cooperation and coordination
with and among relevant legal instruments and frameworks and relevant global, regional,
subregional and sectoral bodies, with a view to promoting coherence among efforts for pandemic
prevention, preparedness and response;(g) provide guidance to the WHO Director-General and to Parties, on effective implementationof the WHO Pandemic Agreement including the matters considered in subparagraphs 2(a) and2(d) of this Article; and(h) consider other actions, as appropriate, for the achievement of the objective of the WHO
Pandemic Agreement in the light of experience gained in its implementation.
3.
The first session of the Conference of the Parties shall be convened by the World HealthOrganization not later than one year after the entry into force of the WHO Pandemic Agreement. The
Conference of the Parties will determine the venue and timing of subsequent regular sessions at its firstsession.

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4.
Extraordinary sessions of the Conference of the Parties shall be held at such other times, as may
be deemed necessary by the Conference of the Parties, or at the written request of any Party, provided
that, within six months of the request being communicated in writing to the Parties by the Secretariat, it
is supported by at least one third of the Parties.
5.

The Conference of the Parties shall adopt by consensus its Rules of Procedure at its first session.

6.
The Conference of the Parties shall establish the criteria for the participation of observers at its
proceedings.
7.
The Conference of the Parties shall by consensus adopt financial rules for itself as well as
governing the funding of any subsidiary bodies it may establish as well as financial provisions governing
the functioning of the Secretariat. At each ordinary session, it shall adopt a budget for the financial
period until the next ordinary session.
8.
The Conference of the Parties may establish subsidiary bodies, as it deems necessary, and on
terms and modalities to be defined by the Conference of the Parties.

Article 22. Right to vote1.
Each Party to the WHO Pandemic Agreement shall have one vote, except as provided for inparagraph 2 of this Article.
2.
A regional economic integration organization that is Party to the WHO Pandemic Agreement, inmatters within its competence, shall exercise its right to vote with a number of votes equal to the numberof their Member States that are Parties to the WHO Pandemic Agreement. Such a regional economic
integration organization shall not exercise its right to vote if any of its Member States exercises its rightto vote, and vice versa.

Article 23. Reports to the Conference of the Parties
1.
Each Party shall submit to the Conference of the Parties, through the Secretariat, periodic reports
on its implementation of the WHO Pandemic Agreement.
2.
The frequency and format of the reports submitted by all Parties shall be determined by the
Conference of the Parties.
3.
The Conference of the Parties shall adopt appropriate measures to assist Parties, upon request, in
meeting their obligations under this Article, with particular attention to the needs of developing country
Parties.
4.
The reporting and exchange of information under the WHO Pandemic Agreement shall be subject
to national law regarding confidentiality and privacy. The Parties shall protect, as mutually agreed, any
confidential information that is exchanged.

Article 24. Secretariat
1.
Secretariat functions for the WHO Pandemic Agreement shall be provided by the
WHO Secretariat.

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2.

Secretariat functions shall be to:(a) provide technical, administrative and logistic support to the Conference of the Parties andits subsidiary bodies as may be established under the WHO Pandemic Agreement or by the
Conference of the Parties for the purpose of the implementation of the WHO Pandemic
Agreement;(b) make arrangements for the sessions of the Conference of the Parties and its subsidiarybodies and to provide them with services, as required;(c) transmit reports and other relevant information regarding the implementation of the
WHO Pandemic Agreement received by it pursuant to the WHO Pandemic Agreement;(d) provide support to the Parties, upon request, particularly developing country Parties, in
implementing the WHO Pandemic Agreement, including the compilation and communication of
information required in accordance with the provisions of the WHO Pandemic Agreement or
pursuant to requests of the Conference of the Parties;(e) prepare reports on its activities under the WHO Pandemic Agreement under the guidanceof the Conference of the Parties, and to submit them to the Conference of the Parties;(f)ensure, under the guidance of the Conference of the Parties, the necessary coordination
with the Secretariats of other competent international organizations, regional intergovernmentalorganizations, and other bodies;(g) enter, under the guidance of the Conference of the Parties, into such administrative orcontractual arrangements as may be required for the effective discharge of its functions; and(h) perform other secretariat functions specified by the WHO Pandemic Agreement and suchother functions as may be determined by the Conference of the Parties or assigned to it under the
WHO Pandemic Agreement.

3.
Nothing in the WHO Pandemic Agreement shall be interpreted as providing the WHO Secretariat,
including the WHO Director-General, any authority to direct, order, alter or otherwise prescribe thedomestic laws or policies of any Party, or to mandate or otherwise impose any requirements that Parties
take specific actions, such as ban or accept travellers, impose vaccination mandates or therapeutic or
diagnostic measures, or implement lockdowns.

Article 25. Settlement of disputes
1.
In the event of a dispute between two or more Parties concerning the interpretation or applicationof the WHO Pandemic Agreement, the Parties concerned shall seek through diplomatic channels asettlement of the dispute through negotiation or any other peaceful means of their own choice, including
good offices, mediation or conciliation. Failure to reach a solution by good offices, mediation orconciliation shall not absolve the parties to the dispute from continuing to seek to resolve it.
2.
When ratifying, accepting, approving, formally confirming or acceding to the WHO Pandemic
Agreement, or at any time thereafter, a Party may declare in writing to the Depositary that, for a disputenot resolved in accordance with paragraph 1 of this Article, it accepts, as compulsory ad hoc arbitrationin accordance with the Permanent Court of Arbitration Rules of 2012.

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3.
The provisions of this Article shall apply with respect to any protocol as between the Parties tothe protocol, unless otherwise provided therein.

Article 26. Relationship with other international agreements and instruments
1.
The interpretation and application of the WHO Pandemic Agreement shall be guided by theCharter of the United Nations and the Constitution of the World Health Organization.
2.
The Parties recognize that the WHO Pandemic Agreement and the International HealthRegulations should be interpreted so as to be compatible.
3.
The provisions of the WHO Pandemic Agreement shall not affect the rights and obligations of
any Party under other legally binding international instruments to which it is party.

Article 27. Reservations
1.
Reservations may be made to the WHO Pandemic Agreement unless incompatible with the object
and purpose of the WHO Pandemic Agreement.
2.
Notwithstanding paragraph 1 of this Article, no reservation may be made to Article XX,
Article YY, or Article ZZ of the WHO Pandemic Agreement.

Article 28. Declarations and statements
1.
Article 27 does not preclude a State or regional economic integration organization, when signing,
ratifying, approving, accepting or acceding to the WHO Pandemic Agreement, from making
declarations or statements, however phrased or named, with a view, inter alia, to the harmonization ofits laws and regulations with the provisions of the WHO Pandemic Agreement, provided that suchdeclarations or statements do not purport to exclude or to modify the legal effect of the provisions of the
WHO Pandemic Agreement in their application to that State or regional economic integration
organization.
2.
A declaration or statement made pursuant to this Article shall be circulated by the Depositary to
all Parties to the WHO Pandemic Agreement.

Article 29. Amendments
1.
Any Party may propose amendments to the WHO Pandemic Agreement, including its annexes
and protocols. Such amendments shall be considered by the Conference of the Parties.
2.
The Conference of the Parties may adopt amendments to the WHO Pandemic Agreement. The
text of any proposed amendment to the WHO Pandemic Agreement shall be communicated to the Parties
by the Secretariat at least six months before the session at which it is proposed for adoption. The
Secretariat shall also communicate proposed amendments to the signatories of the WHO Pandemic
Agreement and, for information, to the Depositary.
3.
The Parties shall make every effort to adopt any proposed amendment to the WHO Pandemic
Agreement by consensus. If all efforts at consensus have been exhausted and no agreement has beenreached, the amendment may as a last resort be adopted by a three-quarters majority vote of the Parties
present and voting at the session. For the purposes of this Article, Parties present and voting means
Parties present and casting an affirmative or negative vote. Any adopted amendment shall be
communicated by the Secretariat to the Depositary, which shall circulate it to all Parties for acceptance.

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4.
Instruments of acceptance in respect of an amendment shall be deposited with the Depositary. An
amendment adopted in accordance with paragraph 3 of this Article shall enter into force, for those Parties
having accepted it, on the ninetieth day after the date of receipt by the Depositary of an instrument of
acceptance by at least two thirds of the Parties to the WHO Pandemic Agreement.
5.
An amendment shall enter into force for any other Party on the ninetieth day after the date on
which that Party deposits with the Depositary its instrument of acceptance of the said amendment.

Article 30. Annexes
1.
Annexes to the WHO Pandemic Agreement shall be proposed, adopted and shall enter into force
in accordance with the procedure set forth in Article 29.
2.
Annexes to the WHO Pandemic Agreement shall form an integral part thereof and, unlessotherwise expressly provided, a reference to the WHO Pandemic Agreement constitutes at the sametime a reference to any annexes thereto.

Article 31. Protocols
1.
Any Party may propose protocols to the WHO Pandemic Agreement. Such proposals shall beconsidered by the Conference of the Parties.
2.
The Conference of the Parties may adopt protocols to the WHO Pandemic Agreement. In adopting
these protocols, every effort shall be made to reach consensus. If all efforts at consensus have been
exhausted and no agreement has been reached, the protocol may as a last resort be adopted by athree quarters majority vote of the Parties present and voting at the session. For the purposes of this
Article, Parties present and voting means Parties present and casting an affirmative or negative vote. In
the event that a protocol is proposed for adoption under Article 21 of the Constitution of the World
Health Organization, it shall further be considered for adoption by the Health Assembly.
3.
The text of any proposed protocol shall be communicated to the Parties by the Secretariat at least
six months before the session of the Conference of the Parties at which it is proposed for adoption.
4.
States that are not Parties to the WHO Pandemic Agreement may be Parties to a protocol, provided
the protocol so provides.
5.
Any protocol to the WHO Pandemic Agreement shall be binding only on the Parties to theprotocol in question. Only Parties to a protocol may take decisions on matters exclusively relating to theprotocol in question.
6.

The requirements for entry into force of any protocol shall be established by that instrument.

Article 32. Withdrawal
1.
At any time after two years from the date on which the WHO Pandemic Agreement has enteredinto force for a Party, that Party may withdraw from the Agreement by giving written notification to the
Depositary.
2.
Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the
Depositary of the notification of withdrawal, or on such later date as may be specified in the notificationof withdrawal.

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3.
A State shall not be discharged by reason of the withdrawal from the obligations which accrued
while it was a Party to the WHO Pandemic Agreement, nor shall the withdrawal affect any right,
obligation or legal situation of that State created through the execution of this Agreement prior to its
termination for that State.
4.
Any Party that withdraws from the WHO Pandemic Agreement shall be considered as also having
withdrawn from any protocol to which it is a Party, unless the said protocol requires its Parties toformally withdraw in accordance with its relevant terms.

Article 33. Signature
1.
This Agreement shall be open for signature by all States, and by regional economic integration
organizations.
2.
This Agreement shall be open for signature at the World Health Organization headquarters in
Geneva, following its adoption by the World Health Assembly at its Seventy-seventh session, fromXX May 2024 to XX June 2024, and thereafter at United Nations Headquarters in New York, fromXX June 2024 to XX June 2025.

Article 34. Ratification, acceptance, approval, formal confirmation or accession
1.
The WHO Pandemic Agreement shall be subject to ratification, acceptance, approval or accession
by all States and to formal confirmation or accession by regional economic integration organizations.
This Agreement shall be open for accession from the day after the date on which the Agreement is closed
for signature. Instruments of ratification, acceptance, approval, formal confirmation or accession shallbe deposited with the Depositary.
2.
Any regional economic integration organization that becomes a Party to the WHO Pandemic
Agreement, without any of its Member States being a Party shall be bound by all the obligations under
the WHO Pandemic Agreement. In the case of those regional economic integration organizations forwhich one or more of its Member States is a Party to the WHO Pandemic Agreement, the regional
economic integration organization and its Member States shall decide on their respective responsibilities
for the performance of their obligations under the Agreement. In such cases, the regional economic
integration organization and its Member States shall not be entitled to exercise rights under the
WHO Pandemic Agreement concurrently.
3.
Regional economic integration organizations shall, in their instruments relating to formal
confirmation or in their instruments of accession, declare the extent of their competence with respect tothe matters governed by the WHO Pandemic Agreement. These organizations shall also inform the
Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of theircompetence.

Article 35. Entry into force
1.
This Agreement shall enter into force on the thirtieth day following the date of deposit of thefortieth instrument of ratification, acceptance, approval, formal confirmation or accession with the
Depositary.
2.
For each State that ratifies, accepts or approves the WHO Pandemic Agreement or accedes thereto
after the conditions set forth in paragraph 1 of this Article for entry into force have been fulfilled, the
WHO Pandemic Agreement shall enter into force on the thirtieth day following the date of deposit of its
instrument of ratification, acceptance, approval or accession.

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3.
For each regional economic integration organization depositing an instrument of formal
confirmation or an instrument of accession after the conditions set forth in paragraph 1 of this Article
for entry into force have been fulfilled, the WHO Pandemic Agreement shall enter into force on thethirtieth day following the date of deposit of its instrument of formal confirmation or of accession.
4.
For the purposes of this Article, any instrument deposited by a regional economic integration
organization shall not be counted as additional to those deposited by Member States of that regional
economic integration organization.

Article 36. Depositary
The Secretary-General of the United Nations shall be the Depositary of the WHO Pandemic
Agreement and amendments thereto and of any protocols and annexes adopted in accordance with theterms of the WHO Pandemic Agreement.

Article 37. Authentic texts
The original of the WHO Pandemic Agreement, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of theUnited Nations.

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