3.

That in so far as Versania claims that it has imported the vaccines, it is stated that
this is a fallacy, and Versania is violating Para 3(c) of the WTO Ministerial Decision

 Firstly, it is only transit through Versania, and not an import to their territory. The
import is meant for Boutica, and Boutica would use it for its own population, thereby
negating the problem of re-exportation as alleged by Versania, and given under Para
3(c) of the WTO Ministerial Decision.
 Secondly, Boutica is an ‘eligible importing Member’ as it has insufficient capacity to
manufacture vaccines as covered within Para 3(b) of the WTO Ministerial Decision.
 Thirdly, Arion has complied with the conditions given in Para 5 of the WTO
Ministerial Decision.
 Fourth, the action of destroying the vaccines was in violation of Article 46 as it was
not proportional, and did not consider the urgent requirement in the pandemic as
needed by Boutica.
 Fifth, there is violation of national treatment under GATT Article III:4, as Zanos’
vaccines are being given preferential treatment, and Versania after adopting the WTO
Ministerial Decision, is going back on its international commitment.
 Sixth, Article 73(b)(iii) notes the flexibilities that can be used in case of international
emergency, and further access to life-saving vaccines is a public good, and the
destruction of the vaccines, and also the blocking of their transit for a vulnerable land-
locked country like Arion, is an internationally condemnable move by Versania.