
Originally Posted by
Aimless
Although the EU-vs-UK aspect of this mess has been the focus of most of the media coverage and online debate, I think it's misguided. Overall, the UK hasn't really done anything wrong per se. The UK govt. has successfully implemented a strategy of vaccine nationalism and is now reaping the benefits of it. That's their prerogative. The Commission chose a course of action it hoped would forestall vaccine nationalism, and has, sadly, been disappointed. The real scandal has little to do with the relationship between the UK and the EU—despite the predictably jingoistic framing in English media—and a great deal to do with AstraZeneca's dealings with the EU. The company sold the EU a horse it did not have, failed to uphold its contractual obligations, and has continued to be evasive instead of working constructively with the Commission to mitigate the negative impact of this chicanery.
There's been a lot of derpheaded Anglo commentary—from a bunch of country bumpkins, bullshitters and unreliable/incompetent businessmen whose word obv. doesn't mean much—about how AZN's obligations to the UK have priority over the company's obligations to the EU because the UK signed a contract with them first. This is simply untrue, as a matter of law—both in general as well as wrt the specifics of this dispute; AZN's obligations under both contracts have equal priority. That is the case even though the company's contract with the Commission was signed a day before the contract with the UK that superceded any previous arrangements. The company has to meet its obligations under both contracts.
To the extent that the UK has exclusive rights/priority access to the output from any particular facilities—eg. the ones whose construction or development it funded under the condition of exclusive/priority access—it must be on the basis of prior contracts with those subcontractors. If such prior contracts exist, it is AZN's responsibility to disclose that conflict to the Commission, and to secure additional capacity at other facilities. The company's contract with the Commission authorized additional funds, and also left open the possibility of even more funding if those additional funds allowed under the contract would prove to be insufficient. The contract also obligates AZN to promptly inform the Commission of any risks wrt its ability to meet the target for the EU order, and provides for several possible ways to mitigate such risks (eg. by letting the Commission allow access to a facility reserved for another order). Securing necessary capacity and keeping the Commission apprised are both encompassed by the company's "reasonable best efforts" obligations, and it failed in both regards.
Sometime near the end of last Spring, not long after getting in bed with the Oxford people, AZN and the Oxford scientists decided to shift the entire supply chain—UK and EU/global—over to a 1000L batch process, from the 200L process they'd initially had promising results with. This 1000L process has been plagued by much, much lower yields than expected—everywhere. So it is not obviously the case that the UK's early start has enabled the UK supply chain to scale up fully before the EU supply chain—the yield issues with this process were still there less than two months ago. More importantly, these problems were known to the company last year. What appears to have happened is that AZN signed a contract with the Commission it hoped to be able to fulfill using the 1000L process, without securing capacity at additional facilities—because it hoped to be able to use the surplus from facilities where capacity had been reserved for the UK order. Even at the time the contract with the Commission was signed, they would've known this was implausible; by December, it should've been very clear that it was impossible for them to come even close to meeting their target for the EU order—and that's when they should've notified the Commission, in order to enable the Commission to take steps to mitigate the risk (eg. by trying to get more doses of other vaccines, or by authorizing the use of reserved capacity at other facilities, and by notifying national govts). That the untrustworthy bullshitters at AZN failed to uphold even the least demanding parts of their contract doesn't mean the EU is entitled to any doses that the UK may have secured exclusive rights to on the basis of prior contracts with AZN's subcontractors, but it does show AZN in a bad light. All of this is notwithstanding the mystery/controversy surrounding the Halix doses.