1. The UK government selected AstraZeneca (AZ) to team with Oxford for political reasons.
2. AZ doesn't have much vaccine experience
3. AZ messes up the trials
4. AZ oversells massively
5. AZ has big production problems
6. AZ delayed request for EMA approval to hide production problems
7. AZ hides its production problems until it was too late to make other arrangement
AZ in cohorts with the British government has been lying through the teeth, but according to the EU-hating British media, the EU is to blame.
Nothing new under the sun.
Even the Anglophile German media is starting to see the light. According to Der Spiegel:
The EU Commission appears to have the law on its side in the dispute with vaccine manufacturer AstraZeneca, say lawyers after reading the contract. However, this does not guarantee fast deliveries.
The EU Commission wanted to provide clarity. On Friday, it published the contract with the British-Swedish pharmaceutical company AstraZeneca, which intends to supply less Corona vaccine than promised. According to experts, it does not provide final clarity, partly because crucial passages are blacked out. Nevertheless, it does tend to support the commission's statements.
For example, AstraZeneca claims that it is not contractually obligated to deliver specific quantities at specific times. The main argument: according to the contract, the company merely has to make "best reasonable efforts" to deliver the agreed vaccine quantities on time. This is called "best reasonable efforts" in contractual English. The only problem is that there are production difficulties at a plant in Belgium, and in addition, the British government has ordered earlier. So, unfortunately, the EU will have to make do with less.
Most recently, it was announced that only 31 instead of 80 million vaccine doses would be delivered by the end of March.
The EU Commission does not want to accept this. "There are binding orders, and the contract is crystal clear," EU Commission President Ursula von der Leyen told Deutschlandfunk radio - and the contract seems to support her position on several points:
• The passage dealing with delivery quantities and dates is blacked out, to be sure. Nevertheless, it is clear that there are concrete supply agreements for 2020 and for individual quarters.
• Four plants are mentioned for the production of the vaccine, two of which are in the UK, the other two in the EU. It is explicitly stated that AstraZeneca should use all four to manufacture the vaccine.
• AstraZeneca must immediately inform the EU Commission of any problems that could lead to a risk to the delivery of the promised quantities of vaccine. According to the commission, that has not happened, despite being in constant contact with the company about the vaccine's approval on Friday.
• In another passage, AstraZeneca guarantees it has no obligations to other contractors that would be an obstacle to full performance of the contract with the EU. That seems to contradict the company's argument that it has to supply less because the British ordered first.
"AstraZeneca cannot therefore cite problems at a single plant in Belgium as a reason to break its commitments to the EU," said SPD MEP and former German Justice Minister Katarina Barley, for example. Other legal experts take a similar view. "In the contract, there is no compelling connection between the obligation to deliver and the place of production," notes Passau law professor and contract law expert Thomas Riehm. It is therefore "not the case that AstraZeneca can say we can't produce enough in the EU, so you get less."
His colleague from Marburg, Wolfgang Voit, also says: "In my opinion, production in the UK is put on an equal footing with production in the EU." In another paragraph, he says, there is explicit mention of the fact that the vaccine doses AstraZeneca was supposed to supply to the EU can also be produced in the UK to meet the commitment.
However, the fact that AstraZeneca only has to make "best efforts" to fulfill the contract could play into AstraZeneca's hands - and what is meant by this is at best vaguely formulated. The EU's contract with the German company Curevac, for example, which has also already been published, gives a number of examples. The contract with AstraZeneca, however, merely states that a "best efforts" effort means "those activities and efforts that a company of similar size, infrastructure and resources would undertake to develop and manufacture a vaccine in view of the urgent need in the event of a pandemic."
That, criticizes SPD politician Barley, is "vaguely defined." But whether that's enough for AstraZeneca to supply the EU with less is something lawyer Voit doubts. He sees "no starting point for a cutback at the EU, only to be able to fully service earlier orders, according to the examination to date." The contract commits AstraZeneca "to very great efforts to produce the vaccine."
The question is what use the EU's legal endorsement currently is. The Commission, too, admits that it is not interested in a legal dispute that could last for years, at the end of which it might receive damages. They want the vaccine doses, and they want them now. An amicable solution must therefore be found quickly with AstraZeneca, demands SPD MEP Tiemo Wölken. "The priority must be to produce the vaccine more quickly."
But how it will continue in the dispute between the EU Commission and AstraZeneca is open. Only on Friday, the EU made a mistake when it published the previously secret contract with AstraZeneca: the passages that had been blacked out at the company's request were partially readable. "Very unfortunate and worrying" that was, AstraZeneca CEO Pascal Soriot said in a video press conference Friday evening.
Still, he tried to muddy the waters. The problems at the Belgian plant should be resolved soon, the Frenchman said. Already in the next few days, the first three million cans will be delivered to the EU, he said, and productivity will soon increase. The company is completely focused on higher production for the EU, he said.
Der Spiegel
It's clear that AstraZeneca breached its contract and waited to inform the EU until it was too late so that the EU's vaccination strategy has been derailed.
I hope AZ never gets another contract in Europe.
@Rugoz, very original of you to cite Sinn, who has been the original EU hater in Germany ever since the Greek debt crisis.
The US and the UK pursue blatant vaccine nationalism, while the EU continues to supply vaccines to the world.
You live in a deranged world. You are obviously immune to reason and facts.