EXCLUSIVE: 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

Newsletter Edition #80 [Treaty Talks]

Hi,

Today we bring you a preview of a draft version of the new proposed negotiating text from the Bureau of the Intergovernmental Negotiating Body (INB) working towards a Pandemic Agreement.

A new proposal for a negotiating text text is due to be published this week, as early as later today. This draft version that we discuss today is close to what is expected to be presented, sources suggest.

In this edition, we look at a few contentious provisions and bring you the latest formulation - as drafted by the Bureau of the INB. The draft proposal seen and examined by Geneva Health Files, was workshopped in certain regions, and had not yet been officially shared when this story went to print.

We are unable to publish this draft version in these pages ahead of this being shared officially with member states and other stakeholders. Given reader interest, we discuss parts of it here.

On March 29, we reported that the INB may come up with a streamlined text. The current draft version is about 20 pages in its latest form. Whether countries will endorse this version to begin text-based negotiations later this month, is not clear yet.

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Thank you for reading.

Until later.

Best,

Priti

Feel free to write to us: patnaik.reporting@gmail.com. Follow us on X: @filesgeneva

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Illustration Credit: Amy Clarke, Chembe Collaborative

I. EXCLUSIVE:

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

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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.

This draft version of the negotiating text is effectively about 20 pages in length, streamlined from the 30-odd pages from the version on March 8^th. But recall that countries had painstakingly added text to the March 8^th version, swelling it more 100 pages. And yet, it appears much of those suggestions did not make the final proposed text from the Bureau. Whether countries will fight back to put their language in, yet again, is not clear.

Sources familiar with the process told Geneva Health Files that the draft version was presented to some regional blocs and certain delegations in recent days. A final version based on this draft, is expected to be shared with member states later today. Initially it was expected that such a text would be published only on April 18^th.

We reported earlier, that a streamlined text from the Bureau will be presented, in an effort to coalesce countries to accept what looks like a framework convention approach with broad principles, and details to be hashed out in due course by a Conference of Parties. There are only a handful of negotiating days left to conclude these negotiations.

In this story, we bring you a quick update on this draft, cite and discuss key provisions that have been contentious over the last two years. We only discuss significant omissions over the previous draft, and any additions of note in this new version. (Emphasis in bold ours)

Image Credit: Photo by Jakub Zerdzicki, Pexels