RESUMED NINTH MEETING OF THE

INTERGOVERNMENTAL NEGOTIATING BODY TO

DRAFT AND NEGOTIATE A WHO CONVENTION,
AGREEMENT OR OTHER INTERNATIONAL
INSTRUMENT ON PANDEMIC PREVENTION,
PREPAREDNESS AND RESPONSE A/INB/9/3 Rev.1
Provisional agenda item 2 22 April 2024

Proposal for the WHO Pandemic Agreement

A/INB/9/3 Rev.1

Contents
Chapter I. Introduction ................................................................................................................. 5
Article 1. Use of terms ................................................................................................................ 5
Article 2. Objective ..................................................................................................................... 6
Article 3. Principles ..................................................................................................................... 6
Chapter II. The world together equitably: Achieving equity in, for and through pandemic
prevention, preparedness and response ....................................................................... 7
Article 4. Pandemic prevention and public health surveillance .................................................. 7
Article 5. One Health .................................................................................................................. 8
Article 6. Preparedness, readiness and health system resilience ................................................. 8
Article 7. Health and care workforce .......................................................................................... 9
Article 8. Preparedness monitoring and functional reviews ...................................................... 10
Article 9. Research and development ........................................................................................ 10
Article 10. Sustainable and geographically diversified production, and technology
transfer and know-how .............................................................................................. 10
Article 11. Transfer of technology and know-how for the production of pandemic-related
health products .......................................................................................................... 11
Article 12. Access and benefit sharing ........................................................................................ 12
Article 13. Supply chain and logistics ......................................................................................... 14
Article 13bis. National procurement and distribution ...................................................................... 14
Article 14. Regulatory strengthening .......................................................................................... 15
Article 15. Compensation and liability management .................................................................. 16
Article 16. International collaboration and cooperation .............................................................. 16
Article 17. Whole-of-government and whole-of-society approaches ......................................... 16
Article 18. Communication and public awareness ...................................................................... 16
Article 19. International cooperation and support for implementation ....................................... 17
Article 20. Sustainable financing ................................................................................................ 17
Chapter III. Institutional arrangements and final provisions ........................................................ 18
Article 21. Conference of the Parties .......................................................................................... 18
Article 22. Right to vote .............................................................................................................. 19
Article 23. Reports to the Conference of the Parties ................................................................... 19
Article 24. Secretariat .................................................................................................................. 19
Article 25. Settlement of disputes ............................................................................................... 20
Article 26. Relationship with other international agreements and instruments ........................... 20
Article 27. Reservations .............................................................................................................. 20

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Article 28. Declarations and statements .......................................................................................20

Article 29. Amendments ..............................................................................................................20
Article 30. Annexes .....................................................................................................................21
Article 31. Protocols ....................................................................................................................21
Article 32. Withdrawal.................................................................................................................21
Article 33. Signature ....................................................................................................................22
Article 34. Ratification, acceptance, approval, formal confirmation or accession ......................22
Article 35. Entry into force ..........................................................................................................23
Article 36. Depositary ..................................................................................................................23
Article 37. Authentic texts ...........................................................................................................23

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The Parties to the WHO Pandemic Agreement,

1. Recognizing that States bear the primary responsibility for supporting the health and well-being
of their peoples, and that States are fundamental to strengthening pandemic prevention, preparedness
and response,

2. Recognizing that differences in the levels of development of Parties engender different capacities
and capabilities in pandemic prevention, preparedness and response and 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 through international cooperation,
including the support of countries with greater capacities and resources, as well as predictable,
sustainable and sufficient financial, human, logistical, technological and technical resources,

3. Recognizing that the World Health Organization is the directing and coordinating authority on
international health work, including on pandemic prevention, preparedness and response,

4. Recalling the Constitution of the World Health Organization, which states that the enjoyment of
the highest 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,

5. Recalling that the Convention on the Elimination of All Forms of Discrimination against Women,
adopted by the United Nations General Assembly on 18 December 1979, provides that States Parties to
that Convention shall take appropriate measures to eliminate discrimination against women in the field
of health care, and that Sustainable Development Goal 5 aims “to achieve gender equality and empower
all women and girls”,

6. Recognizing that the international spread of disease is a global threat with serious consequences
for lives, livelihoods, societies and economies that calls for the widest possible international and regional
collaboration, cooperation and solidarity with all people and countries, especially developing countries,
and notably least developed countries and small island developing States, in order to ensure an effective,
coordinated, appropriate, comprehensive and equitable international response, while reaffirming the
principle of the sovereignty of States in addressing public health matters,

7. Deeply concerned by the inequities at national and international levels that hindered timely and
equitable access to coronavirus disease (COVID-19) pandemic-related health products, and the serious
shortcomings in pandemic prevention, preparedness and response,

8. Recognizing the critical role of whole-of-government and whole-of-society approaches at national

and community levels, through broad social participation, and further recognizing the value and
diversity of the culture and knowledge of indigenous peoples in strengthening pandemic prevention,
preparedness, response and health systems recovery,

9. Recognizing the importance of ensuring political commitment, resourcing and action through
cross-sector collaborations for pandemic prevention, preparedness, response and health systems
recovery,

10. Reaffirming the importance of multisectoral collaboration at national, regional and international
levels to safeguard human health, including through a One Health approach,

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11. Recognizing the importance of rapid and unimpeded access of humanitarian relief in accordance
with international law, including international human rights law and international humanitarian law, and
the respect of the principles of humanity, neutrality, impartiality and independence for the provision of
humanitarian assistance,

12. Reiterating the need to work towards building and strengthening resilient health systems, with
adequate numbers of skilled, trained and protected health and care workers to respond to pandemics, to
advance the achievement of universal health coverage, particularly through a primary health care
approach; and to adopt an equitable approach to mitigate the risk that pandemics exacerbate existing
inequities in access to health care services,

13. Recognizing the importance of building trust and ensuring the timely sharing of information to
prevent misinformation, disinformation and stigmatization,

14. Recognizing that intellectual property protection is important for the development of new
medicines, recognizing the concerns about its effects on prices and recalling that the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) does not, and should not,
prevent Member States from taking measures to protect public health,

15. Recalling the sovereign right of States over their biological resources and the importance of
collective action to mitigate public health risks, and underscoring the importance of promoting the
timely, safe, transparent, accountable and rapid sharing of materials and information on pathogens with
pandemic potential for public health purposes, and, on an equal footing, the timely, fair and equitable
sharing of benefits arising therefrom, taking into account relevant national, domestic, and international
laws,

16. Stressing that adequate pandemic prevention, preparedness, response and health systems recovery
is part of a continuum to combat other health emergencies and achieve greater health equity through
resolute action on the social, environmental, cultural, political and economic determinants of health, and

17. Recognizing the importance and public health impact of growing threats such as climate change,
poverty and hunger, fragile and vulnerable settings, weak primary health care and the spread of
antimicrobial resistance,

Have agreed as follows:

Chapter I. Introduction

Article 1. Use of terms

For the purposes of the WHO Pandemic Agreement:

(a) “manufacturer” means public or private entities that develop and/or produce
pandemic-related health products;

(b) “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 health
of humans, domestic and wild animals, plants and the wider environment (including ecosystems)
is closely linked and interdependent;

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(c) “PABS material and information” means the biological material from a pathogen with
pandemic potential, as well as sequencing information relevant to the development of
pandemic-related health products;

(d) “pandemic-related health products” means the safe, effective, quality and affordable
products that are needed for pandemic prevention, preparedness and response, which may include,
without limitation, diagnostics, therapeutics, vaccines and personal protective equipment;

(e) “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 in
force;

(f) “pathogen with pandemic potential” means any pathogen that has been identified to infect
a 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 a
public health emergency of international concern;

(g) “persons in vulnerable situations” means individuals, groups or communities with a

disproportionate increased risk of infection, severity, disease or mortality in the context of a
pandemic. This is understood to include persons in fragile and humanitarian settings;

(h) “regional economic integration organization” means an organization that is composed of

several sovereign States and to which its Member States have transferred competence over a range
of matters, including the authority to make decisions binding on its Member States in respect of
those matters;1 and

(i) “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.

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

2. In furtherance of this objective, the provisions of the WHO Pandemic Agreement apply both
during and between pandemics, unless otherwise specified.

Article 3. Principles
To achieve the objective of the WHO Pandemic Agreement and to implement its provisions, the
Parties shall be guided, inter alia, by the following:

1. the sovereign right of States to adopt, legislate and implement legislation, within their jurisdiction,
in accordance with the Charter of the United Nations, the WHO Constitution and the principles of
international law, and their sovereign rights over their biological resources;

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

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2. full respect for the dignity, human rights and fundamental freedoms of all persons, and the
enjoyment of the highest attainable standard of health of every human being;

3. full respect of international humanitarian law for effective pandemic prevention, preparedness
and response;

4. equity as a goal and outcome of pandemic prevention, preparedness and response, striving for the
absence of unfair, avoidable or remediable differences among and between individuals, communities
and countries;

5. solidarity with all people and countries in the context of health emergencies, inclusivity,
transparency and accountability to achieve the common interest of a more equitable and better prepared
world to prevent, respond to and recover from pandemics, recognizing different levels of capacities and
capabilities; and

6. the best available science and evidence as the basis for public health decisions for pandemic
prevention, preparedness and response.

Chapter II. The world together equitably: Achieving equity in, for and through
pandemic prevention, preparedness and response

Article 4. Pandemic prevention and public health surveillance

1. The Parties shall cooperate with one another, in bilateral, regional and multilateral settings, to
progressively strengthen pandemic prevention and public health surveillance capacities, consistent with
the International Health Regulations (2005), and taking into account national and regional
circumstances.

2. Each Party shall develop, strengthen, implement, periodically update and review comprehensive
multisectoral national pandemic prevention and public health surveillance plans that are consistent with
and supportive of the effective implementation of the International Health Regulations (2005) and in
accordance with its capacities, and that cover, inter alia:

(a) collaborative surveillance;

(b) community-based early detection and control measures;

(c) water, sanitation and hygiene;

(d) routine immunization;

(e) infection prevention and control;

(f) zoonotic spill over and spillback prevention;

(g) laboratory biological risk management in order to prevent the accidental exposure to, the
misuse of or the inadvertent release of pathogens;

(h) vector-borne disease surveillance and prevention; and

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(i) antimicrobial resistance to address the pandemic-related risks associated with the
emergence and spread of pathogens that are resistant to antimicrobial agents.

3. 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 consideration
in the development and implementation of relevant policies, strategies and measures at the international,
regional and national levels, as appropriate, including by strengthening synergies with other relevant
international instruments and their implementation.

4. The Conference of the Parties may adopt, as necessary, guidelines, recommendations and
standards, including in relation to pandemic prevention capacities, to support the implementation of this
Article.

Article 5. One Health

1. The Parties commit to promote a One Health approach for pandemic prevention, preparedness
and response, recognizing the interconnection between people, animals and the environment, that is
coherent, integrated, coordinated and collaborative among all relevant organizations, sectors and actors,
taking into account national circumstances.

2. The Parties commit to identify and address the drivers of pandemics and the emergence and re-
emergence of disease at the human-animal-environment interface through the introduction and
integration of interventions into relevant pandemic prevention, preparedness and response plans.

3. Each Party shall, in accordance with its national context, protect human, animal and plant health,
with support from WHO and other relevant international organizations, by:

(a) implementing and regularly reviewing relevant national policies and strategies that reflect
a One Health approach as it relates to pandemic prevention, preparedness and response;

(b) promoting the effective and meaningful engagement of communities in the development
and implementation of policies, strategies and measures to prevent, detect and respond to
outbreaks; and

(c) promoting or establishing One Health joint training and continuing education programmes
for human, animal and environmental health workforces to build relevant and complementary
skills, capacities and capabilities.

4. The modalities, terms and conditions and operational dimensions of a One Health approach shall
be further defined in an instrument that takes into consideration the provisions of the International Health
Regulations (2005) and will be operational by 31 May 2026.

Article 6. Preparedness, readiness and health system resilience

1. Each Party commits to develop, strengthen and maintain a resilient health system, particularly
primary health care, for pandemic prevention, preparedness and response, taking into account the need
for equity, with a view to achieving universal health coverage.

2. Each Party commits, in accordance with its national and/or domestic law, as appropriate, and its
capabilities, to develop or strengthen, sustain and monitor health system functions and infrastructure,
including by adopting and/or developing policies, plans, strategies and measures, as appropriate, for:

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(a) the timely provision of, and equitable access to, scalable clinical care, quality routine and
essential health care services during pandemics, with a focus on primary health care, mental health
and psychosocial support and with particular attention to persons in vulnerable situations;

(b) post-pandemic health system recovery;

(c) laboratory and diagnostic capacities and associated national, regional and global networks,
through the application of relevant standards and protocols for laboratory biosafety and
biosecurity; and

(d) promoting the use of social and behavioural sciences, risk communication and community
engagement for pandemic prevention, preparedness and response.

3. The Parties, collaborating with WHO and relevant international organizations, shall endeavour to
identify, promote and/or strengthen, as appropriate, in accordance with national and/or domestic law, as
appropriate, relevant international data standards and interoperability that enable timely sharing of
public health data for preventing, detecting and responding to public health events.

4. With the aim of promoting and supporting learning among Parties, best practices, and
accountability and coordination of resources, an inclusive, transparent, effective and efficient pandemic
prevention, preparedness and response monitoring and evaluation system shall be developed,
implemented and regularly assessed, by WHO in partnership with relevant organizations, building on
relevant tools, on a timeline to be agreed by the Conference of the Parties.

Article 7. Health and care workforce

1. Each Party, in line with its respective capacities and national circumstances, shall take the
necessary steps to establish, safeguard, protect, invest in and sustain a multidisciplinary, skilled, trained
and diverse workforce to prevent, prepare for and respond to health emergencies closest to where they
start, including in humanitarian settings, while maintaining quality essential health services and essential
public health functions during pandemics.

2. Each Party shall take appropriate measures to protect and ensure the continued safety, well-being
and capacity of its health and care workforce, including by ensuring priority access to pandemic-related
health products during pandemics, thereby minimizing disruptions to the delivery of good quality
essential health services.

3. The Parties shall invest in establishing and sustaining a skilled, trained and coordinated
multidisciplinary global health emergency workforce deployable to support Parties upon request, based
on public health needs, to contain outbreaks and prevent the escalation of a small-scale spread to global
proportions.

4. The Parties shall commit to develop, as necessary, and implement coordinated policies and
measures for the safety and protection of workers who are essential for the normal functioning of critical
supply chains during pandemics, such as seafarers and cross-border transport workers, among others,
facilitating their transit and transfer, as well as ensuring their access to medical care, as appropriate.

5. The Parties shall collaborate, as appropriate, through multilateral and bilateral mechanisms to
minimize the negative impact of health workforce migration on health systems while respecting the
freedom of movement of health professionals, taking into account the applicable international codes and
standards.

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Article 8. Preparedness monitoring and functional reviews – the provisions of this

Article were moved to Article 6 (retained for numbering purposes only)

Article 9. Research and development

1. The Parties shall cooperate to build, strengthen and sustain geographically diverse capacities and
institutions for research and development, particularly in developing countries, based on a shared
agenda, and shall promote research collaboration and access to research through open science
approaches for the rapid sharing of information and results, especially during pandemics.

2. To this end, the Parties shall promote, within the means and resources at their disposal:

(a) sustained investment in research and development for public health priorities;

(b) technology co-creation and joint venture initiatives, actively engaging the participation of
scientists and/or research centres from developing countries;

(c) capacity-building programmes, projects and partnerships, and substantial and sustained
support for all phases of research and development, including basic and applied research; and

(d) the participation of relevant stakeholders, consistent with applicable biosafety and
biosecurity obligations, laws, regulations and guidance, to accelerate innovative research and
development.

3. The Parties shall, in accordance with national circumstances and mindful of relevant international
standards and obligations, 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, and
facilitating the rapid reporting and interpretation of data from such trials.

4. Each Party shall ensure that government-funded research and development agreements for the
development of pandemic-related health products include, as appropriate, provisions that promote
timely and equitable access to such products and shall publish the relevant terms. Such provisions may
include: (i) licensing and/or sublicensing, preferably on a non-exclusive basis; (ii) affordable pricing
policies; (iii) technology transfer on mutually agreed terms; (iv) publication of relevant information on
research inputs and outputs; and/or (v) adherence to product allocation frameworks adopted by WHO.

Article 10. Sustainable and geographically diversified production, and technology

transfer and know-how
1. The Parties commit to achieving more equitable geographical distribution and scaling up of the
global production of pandemic-related health 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, through the transfer of relevant technology and know-how on mutually agreed terms.

2. The Parties, in collaboration with WHO and other relevant organizations, shall:

(a) take measures to provide support for, maintain and/or strengthen, as appropriate, facilities
at national and regional levels, particularly in developing countries, and those that have conducted
disease burden studies relevant to pathogens with pandemic potential, with a view to promoting

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the sustainability of such investments, for the production or scaling up of production of relevant
pandemic-related health products;

(b) take measures, in accordance with national and/or domestic laws, as appropriate, and
regulations to identify and contract with manufacturers other than those referenced in
paragraph 2(a) of this Article, for scaling up the production of pandemic-related health products,
during pandemics, in cases where the production and supply capacity of the production facilities
does not meet demand;

(c) actively support, participate in and/or implement, as appropriate, relevant WHO

technology, skills and know-how transfer programmes to facilitate strategically and
geographically distributed production of pandemic-related health products; and

(d) promote and incentivize public and private sector investments and/or partnerships aimed at
creating or expanding manufacturing facilities or capacities for pandemic-related health products,
especially facilities with a regional operational scope that are based in developing countries.

Article 11. Transfer of technology and know-how for the production of

pandemic-related health products
1. Each Party shall, in order to enable the sufficient, sustainable and geographically diversified
production of pandemic-related health products, and taking into account its national circumstances:

(a) promote and otherwise facilitate or incentivize the transfer of technology and know-how
for pandemic-related health products, in particular for the benefit of developing countries and for
technologies that have received public funding for their development, through a variety of
measures such as licensing, on mutually agreed terms;

(b) publish the terms of its licenses for pandemic-related health technologies in a timely
manner and in accordance with applicable law, and shall encourage private rights holders to do
the same;

(c) encourage research and development institutes and manufacturers, in particular those
receiving significant public financing, to forgo or reduce, for a limited duration, royalties on the
use of their technology for the production of pandemic-related health products;

(d) promote the transfer of relevant technology and related know-how for pandemic-related
health products by private rights holders, on fair and most favourable terms, including on
concessional and preferential terms and in accordance with mutually agreed terms and conditions,
to established regional or global technology transfer hubs or other multilateral mechanisms or
networks, as well as the publication of the terms of such agreements;

(e) encourage the holders of relevant patents that received public funding and, where
appropriate, other holders of relevant patents for pandemic-related health products, to forgo
royalties or otherwise license any relevant patents at reasonable royalties to developing country
manufacturers for the use, during the pandemic, of their technology and know-how for the
production of pandemic-related health products; and

(f) encourage manufacturers within its jurisdiction to share as appropriate, during pandemics,
information that is relevant to the production of pandemic-related health products when the

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withholding of such information prevents or hinders the urgent manufacture of a pharmaceutical

product that is necessary to respond to the pandemic.

2. Each Party shall provide, within its capabilities and subject to available resources and applicable
law, support for capacity-building for the transfer of technology and know-how for pandemic-related
health products on mutually agreed terms, especially to local, subregional and/or regional manufacturers
based in developing countries.

3. Consider supporting, within the framework of relevant organizations, appropriate measures to

accelerate or scale up the manufacturing of pandemic-related health products, to the extent necessary to
increase the availability and adequacy of affordable pandemic-related health products during pandemics.

4. The Parties that are World Trade Organization (WTO) members reaffirm that they have the right
to use, to the full, the flexibilities in the TRIPS Agreement, including those reaffirmed in the Doha
Declaration on the TRIPS Agreement and Public Health of 2001, which provide flexibility to protect
public health in future pandemics, and shall fully respect the use of the TRIPS Agreement flexibilities
by WTO members.

5. The Parties shall, working through the Conference of the Parties, establish regional or global
technology and know-how transfer hubs, coordinated by WHO, to increase and geographically diversify
the transfer of technology and know-how for the production of pandemic-related health products by
manufacturers in developing countries.

Article 12. Access and benefit-sharing

1. A multilateral access and benefit-sharing system for pathogens with pandemic potential, the WHO
Pathogen Access and Benefit-Sharing System (PABS System), is hereby established to ensure the rapid,
systematic and timely sharing of PABS material and information for, inter alia, public health risk
assessment and, on an equal footing, timely, effective, predictable and equitable access to
pandemic-related health products and other benefits, both monetary and non-monetary, arising from
such sharing. The PABS System shall be coordinated and convened by WHO.

2. The PABS System shall have the following foundations:

(a) the commitment of Parties to share, on an equal footing, PABS material and information
and the benefits arising therefrom, considering these as equally important parts of the collective
action for global public health;

(b) its implementation in a manner to strengthen, expedite and not stifle research and
innovation;

(c) its implementation in a manner to ensure mutual complementarity with the Pandemic
Influenza Preparedness Framework;

(d) its implementation in accordance with applicable biosafety, biosecurity and data protection
standards;

(e) the development of a robust, inclusive, transparent, Member State-led and science-based
governance, review and accountability mechanism(s);

(f) not seeking to obtain intellectual property rights on PABS material and information; and

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(g) its implementation in a manner to be consistent with, and not to run counter to, the
objectives of the Convention on Biological Diversity and its Nagoya Protocol on Access to
Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization
with a view to providing legal certainty to PABS System providers and users, and with the aim
of the recognition of the PABS System as a specialized international access and benefit-sharing
instrument within the meaning of paragraph 4 of Article 4 of the Nagoya Protocol.

3. The PABS System shall have, at a minimum, the following components and elements:

(a) the rapid, systematic and timely sharing of PABS material and information and all relevant
information, in accordance with modalities, terms and conditions to be determined and agreed;
and

(b) the fair, equitable and timely sharing of benefits, both monetary and non-monetary, arising
from access to PABS material and information, in accordance with modalities, terms and
conditions to be determined and agreed, which shall include, at a minimum, the following:

(i) in the event of a pandemic, real-time access by WHO to 20% (10% as a donation
and 10% at affordable prices to WHO) of the production of safe, efficacious and effective
pandemic-related health products; and

(ii) annual monetary contributions from PABS System users shall be administered by
WHO, based on modalities, terms and conditions to be defined, as per paragraph 6 of this
Article; and

(c) a mechanism to ensure the fair and equitable allocation and distribution of the
pandemic-related health products stipulated in paragraph 3(b) of this Article shall be developed,
taking into account public health risks, needs and demand, as per paragraph 6 of this Article.

4. The PABS System will also have additional benefit-sharing options, which may include:

(a) voluntary non-monetary contributions, such as capacity-building activities, scientific and

research collaborations, non-exclusive licensing agreements, arrangements for the transfer of
technology and know-how of relevant diagnostics, therapeutics or vaccines in line with
Article 11, tiered-pricing or other cost-related arrangements, such as no loss/no profit loss
arrangements, for the purchase of pandemic-related health products during public health
emergencies of international concern or pandemics; and

(b) encouraging laboratories in the WHO-coordinated laboratory network to actively seek the
participation of scientists from developing countries in scientific projects associated with research
on PABS material and information.

5. Each Party that has manufacturing facilities that produce pandemic-related health products in its
jurisdiction shall take all necessary steps to facilitate the export of such products, in accordance with
timetables to be agreed between WHO and the relevant manufacturers.

6. The modalities, terms and conditions, and operational dimensions of the PABS System shall be
further defined in a legally binding instrument that will be operational no later than 31 May 2026.

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Article 13. Supply chain and logistics

1. The Global Supply Chain and Logistics Network (the Network) is hereby established to enhance
equitable, timely and affordable access to pandemic-related health products. The Network shall be
developed, coordinated and convened by WHO in partnership with the Parties and other relevant
international and regional stakeholders. The Parties shall prioritize sharing through the Global Supply
Chain and Logistics Network for equitable allocation based on public health risk and need over bilateral
donation agreements.

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) the functions of the Network are discharged by the organizations best placed to perform
them;

(c) consideration of the needs of developing countries and the needs of persons in vulnerable
situations, including those in fragile and humanitarian settings;

(d) the equitable allocation of pandemic-related health products; and

(e) accountability and transparency in the functioning and governance of the Network.

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

4. During a pandemic, emergency trade measures shall be targeted, proportionate, transparent and
temporary, and not create unnecessary barriers to trade or disruptions in supply chains of
pandemic-related health products.

5. During a pandemic, the rapid and unimpeded access of humanitarian relief personnel, their means
of transport, supplies and equipment and their access to pandemic-related health products shall be
facilitated in a manner consistent with relevant provisions of international law, including international
humanitarian law, and in respect of the principles of humanity, neutrality, impartiality and independence
for the provision of humanitarian assistance.

6. A multilateral system for managing vaccine and therapeutic-related compensation and liability
during pandemics shall be considered.

7. 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

1. Each Party shall publish the relevant terms of its purchase agreements with manufacturers for
pandemic-related health products at the earliest reasonable opportunity, and shall exclude confidentiality
provisions that serve to limit such disclosure, in accordance with applicable laws, as appropriate.
Regional and global purchasing mechanisms shall also be encouraged to do the same.

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2. During a pandemic, each Party in a position to do so shall, within its available resources and
subject to applicable laws, 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.

3. Each Party shall take appropriate measures to promote rational use and reduce the waste of
pandemic-related health products.

4. Each Party undertakes to avoid having national stockpiles of pandemic-related health products
that unnecessarily exceed the quantities anticipated to be needed for domestic pandemic preparedness
and response.

5. When sharing pandemic-related health products with countries, organizations or any mechanism
that is facilitated by the Network, such products will be unearmarked and accompanied by all appropriate
and relevant conditions, requirements and characteristics, as well as ancillary products, that are
necessary for their distribution, administration and dispensing.

6. Each Party shall endeavour to ensure that, in contracts for the supply or purchase of novel
pandemic vaccines, buyer/recipient indemnity clauses, if any, are exceptionally provided and are
time-bound.

Article 14. Regulatory strengthening

1. Each Party shall strengthen its national and, where appropriate, regional regulatory authority
responsible for the authorization and approval of pandemic-related health products, including through
technical assistance and cooperation with WHO, other Parties and relevant organizations, as and when
requested, with the aim of ensuring the quality, safety and efficacy of such products.

2. Each Party shall take steps to ensure that it has the legal, administrative and financial frameworks
in place to support emergency regulatory authorizations for the effective and timely approval of
pandemic-related health products during a pandemic, the monitoring of adverse events and the sharing
of regulatory dossiers through WHO, as appropriate.

3. Each Party shall, in accordance with relevant laws:

(a) encourage manufacturers of pandemic-related health products to generate and submit in a

timely manner the relevant regulatory data, contribute to the development of common technical
documents, and diligently pursue national regulatory authorizations and approvals and, as
appropriate, prequalification with WHO and WHO listed authorities; and

(b) publicly disclose information on national and, if applicable, regional processes for
authorizing or approving the use of pandemic-related health products, and adopt regulatory
reliance processes or other relevant regulatory pathways, as appropriate, for such pandemic-
related health products that may be activated during a pandemic to increase efficiency, and shall
update such information in a timely manner.

4. The Parties shall, as appropriate, monitor, regulate and strengthen rapid alert systems against
substandard and falsified pandemic-related health products.

5. The Parties shall align and, where possible, harmonize technical and regulatory requirements and
procedures, in accordance with applicable international standards, guidance and protocols, including

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those covering regulatory reliance and mutual recognition, and shall make publicly available relevant
information, data and assessments concerning the quality, safety and efficacy of pandemic-related health
products with other Parties.

Article 15. Compensation and liability management – the provisions of this Article were
integrated into Articles 13 and 13bis (retained for numbering purposes only)

Article 16. International collaboration and cooperation – the provisions of this Article
were integrated with Article 19 (retained for numbering purposes only)

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 at
national level, including to empower and enable community ownership of, and contribution to,
community readiness for and resilience to pandemic prevention, preparedness and response.

2. Each Party is urged to establish or strengthen, and maintain, a national multisectoral coordination
mechanism for pandemic prevention, preparedness and response.

3. Each Party shall, taking into account its national circumstances:

(a) promote the effective and meaningful 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; and

(b) take appropriate measures to mitigate the socioeconomic impacts of pandemics and
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.

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, in a
transparent manner that promotes collaboration with relevant stakeholders, including the private sector
and civil society, avoiding all forms of conflicts of interest.

5. The Parties shall promote and facilitate, in accordance with national and/or domestic law, as
appropriate, and policy, the development and implementation of education and community engagement
programmes on pandemic and public health emergencies, with the participation of all relevant
stakeholders, in a way that is accessible, including to persons in vulnerable situations.

Article 18. Communication and public awareness

1. The Parties shall strengthen science, public health and pandemic literacy in the population, as
well as access to transparent, accurate, science- and evidence-informed information on pandemics and
their causes, impacts and drivers, particularly through risk communication and effective
community-level engagement.

2. The Parties shall, as appropriate, conduct research to inform policies on factors that hinder or
strengthen adherence to public health and social measures in a pandemic and trust in science and public
health institutions, authorities and agencies.

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Article 19. International cooperation and support for implementation

1. The Parties shall cooperate, directly or through relevant international organizations, within the
means and resources at their disposal, to sustainably strengthen the pandemic prevention, preparedness
and response capacities of all Parties, particularly developing country Parties. Such cooperation shall
promote the transfer of technology on mutually agreed terms and the sharing of technical, scientific and
legal expertise, as well as financial assistance and support for capacity-strengthening for those Parties
that lack the means and resources to implement the provisions of this Agreement, and shall be facilitated
and provided by WHO, in collaboration with relevant organizations, as appropriate, upon the request of
the Party, to fulfil the obligations arising from this Agreement.

2. Particular consideration shall be given to the specific needs and special circumstances of
developing country Parties in order to enable them to implement the provisions of this Agreement.

3. The Parties shall collaborate and cooperate for pandemic prevention, preparedness and response
through strengthening and enhancing cooperation among relevant legal instruments and frameworks and
relevant global, regional, subregional and sectoral organizations and stakeholders, in the achievement
of the objectives of this Agreement, while closely coordinating support with that provided under the
International Health Regulations (2005).

Article 20. Sustainable financing

1. The Parties shall strengthen sustainable and predictable financing, in an inclusive and transparent
manner, for implementation of this Agreement and the International Health Regulations (2005).

2. In this regard, each Party, within the means and resources at its disposal, shall:

(a) maintain or increase, as necessary, domestic funding for pandemic prevention,

preparedness and response;

(b) mobilize additional financial resources to assist Parties, in particular developing country
Parties, in the implementation of the WHO Pandemic Agreement, including through grants and
concessional loans;

(c) explore, and as appropriate, promote, within relevant bilateral, regional and/or multilateral
funding mechanisms, innovative financing measures, including transparent financial
reprogramming plans for pandemic prevention, preparedness and response, especially for
developing country Parties experiencing fiscal constraints; and

(d) encourage governance and operating models of existing financing entities to minimize the
burden on countries, offer improved efficiency and coherence at scale, enhance transparency and
be responsive to the needs and national priorities of developing countries.

3. A Coordinating Financial Mechanism (the Mechanism) is hereby established to provide

sustainable financing support, strengthen and expand capacities for pandemic prevention, preparedness
and response, and to provide any surge response necessary for day zero, particularly in developing
country Parties. The Mechanism shall, inter alia:

(a) conduct relevant needs and gaps analyses to support strategic decision-making and develop
every five years a financial and implementation strategy for the Pandemic Agreement, and submit
it to the Conference of the Parties for its consideration;

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(b) promote harmonization, coherence and coordination for financing pandemic prevention,
preparedness and response and International Health Regulations (2005)-related capacities;

(c) identify all sources of financing that are available to serve the purposes of supporting the
implementation of this Agreement, and maintain a dashboard of such instruments and related
information and the funds allocated to countries from such instruments;

(d) establish, as necessary, following a mandate from the Conference of the Parties, working
arrangements with relevant identified financing instruments and entities to facilitate their support
of the financial and implementation strategy;

(e) provide advice and support, upon request, to Parties in identifying and applying for
financial resources for strengthening pandemic prevention, preparedness and response; and

(f) leverage voluntary monetary contributions for organizations and other entities supporting
pandemic prevention, preparedness and response, free from conflicts of interest, from relevant
stakeholders, in particular those active in sectors that benefit from international work to strengthen
pandemic prevention, preparedness and response.

4. The Mechanism shall function under the authority and guidance of the Conference of the Parties
and be accountable to it. The Conference of the Parties shall adopt terms of reference for the Mechanism
and modalities for its operationalization and governance, within 12 months after the entry into force of
the WHO Pandemic Agreement.

5. The Conference of the Parties shall periodically consider, as appropriate, the financial and
implementation strategy for the Pandemic Agreement referred to in paragraph 3(a) of this Article. The
Parties shall endeavour to align with it, as appropriate, when providing external financial support for the
strengthening of pandemic prevention, preparedness and response.

Chapter III. Institutional arrangements 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 regularly take stock of the implementation of the WHO
Pandemic Agreement and review its functioning every five years, and shall take the decisions necessary
to promote its effective implementation. To this end, it shall take actions, as appropriate, for the
achievement of the objective of the WHO Pandemic Agreement.

3. The first session of the Conference of the Parties shall be convened by the World Health
Organization 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 first
session.

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. Such extraordinary sessions may be called at the level
of heads of state or government.

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5. The Conference of the Parties shall, at its first session, adopt by consensus its rules of procedure
and its criteria for the participation of observers at its proceedings.

6. 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 and the functioning of the Secretariat.
At each ordinary session, it shall adopt a budget for the financial period until the next ordinary session.

7. The Conference of the Parties may establish subsidiary bodies, as it deems necessary, and
determine the terms and modalities of such bodies.

Article 22. Right to vote

1. Each Party to the WHO Pandemic Agreement shall have one vote, except as provided for in
paragraph 2 of this Article.

2. A regional economic integration organization that is Party to the WHO Pandemic Agreement, in
matters within its competence, shall exercise its right to vote with a number of votes equal to the number
of its Member States that are Parties to the WHO Pandemic Agreement. Such an organization shall not
exercise its right to vote if any of its Member States exercises its right to vote, and vice versa.

Article 23. Reports to the Conference of the Parties

1. Each Party shall report periodically to the Conference of the Parties, through the Secretariat, 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 and/or domestic law, as appropriate, regarding confidentiality and privacy. The Parties shall
protect, as mutually agreed, any confidential information that is exchanged. The periodic reports
submitted by the Parties shall be made publicly available online by the Secretariat.

Article 24. Secretariat

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

2. The Secretariat shall perform the functions specified by the WHO Pandemic Agreement, as
appropriate, and such other 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 the
national and/or domestic laws, as appropriate, 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.

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Article 25. Settlement of disputes

1. In the event of a dispute between two or more Parties concerning the interpretation or application
of the WHO Pandemic Agreement, the Parties concerned shall seek through diplomatic channels a
settlement of the dispute through negotiation or any other peaceful means of their own choice, including
good offices, mediation or conciliation. In case of failure to reach a solution by the methods mentioned
above, the Parties may continue to seek solutions to the dispute through joint consultations, including,
if they so agree, by resorting to ad hoc arbitration in accordance with the Permanent Court of Arbitration
Rules 2012 or successor rules. The Parties that have agreed to arbitration shall accept the arbitration
award as binding and final.

2. The provisions of this Article shall apply with respect to any protocol as between the Parties to
the 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 the
Charter of the United Nations and the Constitution of the World Health Organization.

2. The Parties recognize that the WHO Pandemic Agreement and the International Health
Regulations (2005) should be interpreted so as to be compatible and mutually reinforcing.

Article 27. Reservations

Reservations may be made to the WHO Pandemic Agreement unless incompatible with the object
and purpose 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 of
its laws and regulations with the provisions of the WHO Pandemic Agreement, provided that such
declarations 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 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.

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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 been
reached, 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.

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, unless
otherwise expressly provided, a reference to the WHO Pandemic Agreement constitutes at the same
time a reference to any annexes thereto.

Article 31. Protocols

1. Any Party may propose protocols to the WHO Pandemic Agreement. Such proposals shall be
considered by the Conference of the Parties.

2. The Conference of the Parties may adopt protocols to the WHO Pandemic Agreement. In adopting
these protocols, the decision-making terms of Article 29(3) shall apply, mutatis mutandis. 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 presented to the World Health Assembly for consideration for adoption.

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 the
protocol in question. Only Parties to a protocol may take decisions on matters exclusively relating to the
protocol in question.

6. The requirements for entry into force of any protocol, and the procedure for the amendment 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 entered
into force for a Party, that Party may withdraw from the Agreement by giving written notification to the
Depositary.

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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 notification
of withdrawal.

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 not be considered as having
also withdrawn from any protocol to which it is a Party, or from any related instrument, unless such a
Party formally withdraws from such other instruments and does so in accordance with the relevant terms,
if any, thereof.

Article 33. Signature

1. This Agreement shall be open for signature by all Members of the World Health Organization
and any States that are not Members of the World Health Organization but are Members or non-Member
Observer States of the United Nations, 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, from
XX May 2024 to XX June 2024, and thereafter at United Nations Headquarters in New York, from
XX 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 and any protocol thereto 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 shall be 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 or any protocol thereto. In the case of those regional economic
integration organizations for which 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 to
the matters governed by the WHO Pandemic Agreement and any protocol thereto. These organizations
shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in
the extent of their competence.

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Article 35. Entry into force

1. This Agreement shall enter into force on the thirtieth day following the date of deposit of the
sixtieth 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.

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 the
thirtieth 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 the
terms 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 the
United Nations.

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