Paragraph 16 of the preamble to the Nagoya Protocol contains the only explicit reference in this document to pathogens, and stipulates that the Protocol is being adopted bearing in mind “the International Health Regulations (2005) of the WHO and the importance of ensuring access to human pathogens for public health preparedness and response purposes” (emphasis added). Further, Article 8(b) of the Protocol obligates each Party to the CBD, when formulating their access and benefit-sharing legislation and regulations, to “[p]ay due regard to cases of present or imminent emergencies that threaten or damage human, animal or plant health, as determined nationally or internationally.” This clause goes on that state that Parties may “take into consideration the need for expeditious access to genetic resources and expeditious fair and equitable sharing of benefits arising out of the use of such genetic resources, including access to affordable treatments by those in need, especially in developing countries.”