243. The Chairperson said that the Council for TRIPS would need some guidance from delegations as to how to proceed. The discussion had been very rich on this issue of great impact and importance. It was a universal responsibility to find solutions to the problems raised in terms of health and human life, and not the responsibility of the WTO only. However, delegations seemed to agree that the WTO, from a political point of view, had to say something, in particular at the Doha Ministerial Conference. In this regard, the oral and written contributions were very useful in that they helped to clarify the positions. Views expressed were different in some respects. The importance of Articles 6, 7, 8 and 31 of the TRIPS Agreement had been highlighted as well as other specific provisions. Most delegations were in favour of working towards a separate declaration for Doha. Others had expressed their flexibility in this regard. On substance, it would seem that some issues were of a highly technical nature and there complexity might prevent a solution by the time of the coming Ministerial Conference. This was how he understood the proposal that had been made to reserve some of the issues raised for a specific work programme to be approved by the coming Ministerial Conference. As regards the issue of the scope of the declaration, i.e. "public health and nutrition", "public health", "access to medicines in general" or "access to medicines for HIV/AIDS and other pandemics", he suggested that this be looked at in systemic terms once Members had identified specific language for the declaration. The view had been espoused that nothing from the exercise should result in a limitation of the existing flexibility, while another view expressed was that it should not result in a limitation of existing obligations. He emphasized the importance of approaching the matter in a constructive way and of addressing the issues raised both in terms of the overriding objective of securing public health and of the need to preserve the basic framework of rights and obligations in the TRIPS Agreement. A number of delegations had pointed out that specific clarifications were needed of the scope of some provisions of the Agreement and that, therefore, mere "preambular" language would be insufficient. On some points, delegations did not seem to disagree. He stressed that little time was available prior to the moment towards the end of the month, at which the Chairperson of the General Council had indicated he intended to circulate a text on the contents of a draft Ministerial declaration. It would be helpful if the elements to be included in a declaration on the issues that had been discussed under the present agenda item could be listed, so as to structure the further discussions and also assist the Chairperson of the General Council in his reflections as to how to proceed further and as to whether he should include something on access to medicines in the text he intended to submit towards the end of the month.
244. When reverting to the issue on the afternoon of Thursday, 20 September, the Chairperson said that he had been in touch with the Chairperson of the General Council and stressed that the limited time available for further work on the issue before the Ministerial Conference would meet in Doha required making the best possible use of the presence of the experts attending the present meeting. He therefore suggested that the Council would meet the next day in informal mode to further discuss the issue with the aid of a list of the different suggestions that had presented themselves, in the discussions to date and the contributions submitted, as possible elements for the Ministerial declaration on the issue. He would ask the Secretariat to assist in drawing up this list.
