On November 3–7, 2025, the third meeting of the Intergovernmental Working Group (IGWG) started the first discussion on the proposed draft text of the annex to the WHO Pandemic Agreement that establishes the Pathogen Access and Benefit Sharing (PABS) system. On this occasion, Dr Papa Seck, president of our General Assembly, stated on behalf of PREZODE:
« PREZODE welcomes the definition of Participating Manufacturer as a necessary step to ensure transparency, accountability, and equitable participation in the PABS System. However, the current formulation, based solely on voluntary adherence through a WHO PABS Contract, may limit the system’s effectivenes, hier.s in a real pandemic situation.
In particular, PREZODE is concerned that the voluntary nature of participation could leave critical gaps if a manufacturer, who is not a party to the WHO PABS Contract, holds the only viable materials, sequence data, or technology required to develop a countermeasure against a pathogen with pandemic potential. Such a scenario would undermine the fundamental principles of solidarity, equity, and timely access that the PABS System seeks to promote.
Section II indeed makes PABS safer and more transparent, but it still does not solve the “exclusive-holder problem » – a situation where a crucial manufacturer stays outside the system.
The question is: What happens if a non-participating manufacturer (one who has not signed a WHO PABS Contract) is the only holder of essential materials or technology needed to produce a vaccine or other countermeasure against a Pathogen with Pandemic Potential?
To address this concern, PREZODE recommends that:
- Automatic Applicability of PABS Obligations
Any manufacturer that accesses or uses PABS materials, sequence information, or benefits derived therefrom should automatically be bound by the PABS terms and conditions, whether or not it has signed a WHO PABS Contract.
- Emergency Access Provisions
In the event of a declared public health emergency of international concern (PHEIC), WHO, in consultation with the PABS Governing Body and concerned States Parties, should have the authority to facilitate temporary access to relevant materials, technologies, or data held by non-participating manufacturers, subject to fair compensation and protection of legitimate rights. This would align with the flexibilities provided under the TRIPS Agreement and the Nagoya Protocol’s provisions on special considerations for public health emergencies.
- Pre-Pandemic Engagement and Incentives
WHO and States Parties should proactively negotiate framework agreements or memoranda of understanding with major global manufacturers, establishing clear terms for emergency cooperation. Positive incentives, such as eligibility for WHO procurement mechanisms, recognition as a “PABS-Compliant Manufacturer,” and access to R&D partnerships, should be offered to encourage early participation.
- Transparency and Accountability
WHO should maintain a public registry of participating manufacturers and report regularly on compliance and benefit-sharing outcomes to ensure global confidence in the PABS System.
By integrating these provisions, the PABS framework would strengthen global pandemic preparedness, foster trust among public and private actors, and ensure that no single manufacturer can impede equitable and timely access to life-saving countermeasures.
PREZODE stands ready to contribute its expertise and One Health perspective to further the operationalization of these recommendations. »
Promising commitments
As a result of the discussions that took place during that week, IGWG Bureau co-chair Mr Matthew Harpur, of the United Kingdom, said “Countries across the world this week again showed their commitment to making sure we, collectively, are better protected from future pandemics by constructively engaging on making progress in these negotiations and we look forward to further discussions in December.”
The PABS system is a key part of the global agreement adopted earlier in 2025 to make the world safer from future pandemics.