Damien English (Meath West, Fine Gael)
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The ‘Ministerial Decision on the TRIPS Agreement’ provides for a waiver of certain obligations of the TRIPS Agreement and includes clarifications that will allow eligible WTO Members to authorise a company to manufacture and export COVID-19 vaccines in a fast and simplified manner and without the consent of the patent owner.

Developing countries will be able to use this solution to authorise the manufacture, import or export of COVID-19 vaccines without prior negotiation with the patent owner and without any notification requirements that would delay the start of the manufacture or export.

Equally important is the clarification that the remuneration for patent owners may take account of humanitarian or not-for-profit purpose of production and hence support the production and supply of COVID-19 vaccines at affordable prices for those in need.

The Ministerial Decision covers COVID-19 vaccines as well as the ingredients and processes necessary for their manufacture. At the time of the adoption of the Decision, there was no consensus among the Members to cover also COVID-19 diagnostics and therapeutics.

As a compromise, paragraph 8 of the Decision stipulates that no later than six months from the date of that Decision (17 December 2022), Members will be expected to decide on whether to extend the Decision to cover the production and supply of COVID-19 diagnostics and therapeutics.

Trade is an exclusive competence of the EU, and accordingly the negotiations on TRIPS, as a trade matter, are led by the EU. The EU is in the process of conducting internal consultations and analysis on the extension, taking into consideration that the case for COVID-19 therapeutics and diagnostics is more complex than the one pertaining to vaccines.

Discussions on the extension of the mechanism to cover the production and supply of COVID-19 diagnostics and therapeutics are ongoing in the WTO and the EU is engaging constructively in these discussions.

Ireland will continue to engage with the European Commission and other Member States on the EU position. A decision to extend the earlier Ministerial Decision from June 2022 will require the agreement of all WTO Members.