134. The representative of Kenya welcomed the initiatives taken by some governments to accommodate the Decision in their domestic laws. He also looked forward to receiving the European Communities' proposal in the very near future. This would highlight the importance of the matter and should enable Members to complete the work on the amendment within a very short time.
135. He noted that, while the European Communities considered the transposition of the Decision into an amendment of the Agreement to be a technical exercise, they had been working for a long time on their proposal. This indicated that the preparation of an amendment was not an easy task.
136. He reminded Members that the Decision constituted a temporary solution that would have to be converted into a permanent solution. He reiterated that the ultimate aim of the exercise should be to ensure that countries overcame the problem of access to medicines by establishing local manufacturing capacities. This should be borne in mind when amending the Agreement.
137. Considering the informal consultations as an important opportunity for delegations to clarify their positions in a more focused environment, the representative of the Philippines welcomed the reports made by other delegations on the measures taken to implement the Decision at the domestic level. He also noted the point made by some delegations that the Decision was not just a temporary solution. His delegation was, however, more sympathetic to the passionate pleas made by the countries at the forefront of the HIV/AIDS pandemic for a permanent and lasting solution. This was only reasonable in a rules-based system like that of the WTO.
138. He believed that further consultations were appropriate and that Members should be encouraged to arrive at a mutually satisfactory resolution taking into account the spirit and intent of the Decision. The African Group proposal remained an important basis for further discussions. He urged delegations that had concerns with that proposal to submit their own proposals in order to move the discussions forward.
139. He reiterated his delegation's position that any amendment of the TRIPS Agreement pursuant to the Decision should be consistent with the humanitarian context in which it had been adopted, and should reflect the letter and spirit of the consensus. The negotiations should preserve the flexibilities that developing countries had gained from the Decision, and should bear in mind fundamental concerns in this process. His delegation had always been a keen participant in these negotiations, both in the drafting of the Declaration on the TRIPS Agreement and Public Health, and of the Decision. It had committed itself to negotiate responsibly and constructively, yet constantly mindful of the objective of providing developing countries with the necessary policy space to implement trade-related aspects of national health programmes.
