Next Draft of The Pandemic Agreement Will Likely Have No Fund and No Binding Obligations On Pathogen Access & Benefits Sharing, Defers Modalities to Conference of Parties

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PRITI PATNAIK
GHF

A draft version of the proposed negotiating text for a Pandemic Agreement, currently being discussed internally, has no reference to a dedicated fund that would help implementation of new obligations on pandemic prevention, preparedness and response. Such a pooled fund previously articulated in a prior text was also meant to help finance existing obligations under the International Health Regulations.

The draft version of a proposed new text from the Bureau of the Intergovernmental Negotiating Body, also merges the provision on technology transfer with the article on sustainable production; and it merges parts of the language on compensation and liability management with the provision on supply chain and procurement.

And importantly, it presents a streamlined version on the Pathogens Access and Benefits Sharing provision with effectively no binding provisions on benefits, and kicks the can down the road, with modalities to be finalised two years in May 2026.

Both on the matters of financing, PABS, Supply Chain Network among other areas, the modalities have been proposed to be left for a future date to be addressed by a Conference of Parties.

In other key changes, the word “waiver” has disappeared but has been replaced with “time-bound suspensions of relevant intellectual property rights” to encourage manufacturing.

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