The EU v UK vaccine tussle

[vaud]

Need a contract lawyer.

https://ec.europa.eu/commission/presscorner/api/fi...

In a services contract I would leap at "Best Reasonable Efforts"...

Where the ranking is (IIRC):

“Best efforts”
"Best Reasonable Efforts"
"Commercially reasonable efforts"

IANAL. I have negotiated contracts but always left these sections to the specialist as one word can have a huge meaning.

[768]

Stay in Bed Instead said:

768 said:

https://ec.europa.eu/commission/presscorner/detail...

Looks like EU ordered on 27th August 2020.

Anyone know when the UK did?

May.

[don'tbesilly]

UK enters supply agreement for Pfizer and BioNTech’s Covid-19 vaccine
20 July 2020 (Last Updated July 20th, 2020 11:08)
The UK Government has signed an agreement with Pfizer and BioNTech for the supply of 30 million doses of the companies' mRNA-based Covid-19 vaccine candidate, BNT162.



https://www.pharmaceutical-technology.com/news/uk-...

[Jordan210]

Eu are trying to claim best effort is

Important clarification from
@DLFto the wording of @vonderleyen
: "Best effort" applies as long as it was not clear whether they could develop a vaccine. We have now passed that time. The vaccine is here. "There are clear delivery quantities that are included in the contract #AstraZeneca stand.

https://twitter.com/EUinDE/status/1355088305432485...

[Whoozit]

It's only 41 pages. My engagement letter for consultancy services is 20-ish pages.

Best of luck to the EU in trying to insist on a legal obligation based on such a high level document. One wonders why it took them so long to negotiate?

ETA: Para 13e - AZ warranted these aren't the UK doses.
And 6.3 allows for AZ to notify of delays (ie there are no absolute obligations to deliver).

Edited by Whoozit on Friday 29th January 11:41

[Stay in Bed Instead]

768 said:

Stay in Bed Instead said:

768 said:

https://ec.europa.eu/commission/presscorner/detail...

Looks like EU ordered on 27th August 2020.

Anyone know when the UK did?

May.

Yes, I found late May 2020.

[jesusbuiltmycar]

Jordan210 said:

Eu are trying to claim best effort is

Important clarification from
@DLFto the wording of @vonderleyen
: "Best effort" applies as long as it was not clear whether they could develop a vaccine. We have now passed that time. The vaccine is here. "There are clear delivery quantities that are included in the contract #AstraZeneca stand.

https://twitter.com/EUinDE/status/1355088305432485...

But if it doesn't exists (excuse the factories are not up to speed) where is AZ supposed to get it from? I am still shocked that a company which is not seeking to make a massive profit from the vaccine is being painted as villains by the EU and some PH posters. Some of flak would be understandable if they were charging €20 a go like Pfzer but they aren't.

I also read the the UK started investing in building AZ vaccine factories as far back as February 2020.

[i4got]

jesusbuiltmycar said:

Jordan210 said:

Eu are trying to claim best effort is

Important clarification from
@DLFto the wording of @vonderleyen
: "Best effort" applies as long as it was not clear whether they could develop a vaccine. We have now passed that time. The vaccine is here. "There are clear delivery quantities that are included in the contract #AstraZeneca stand.

https://twitter.com/EUinDE/status/1355088305432485...

But if it doesn't exists (excuse the factories are not up to speed) where is AZ supposed to get it from? I am still shocked that a company which is not seeking to make a massive profit from the vaccine is being painted as villains by the EU and some PH posters. Some of flak would be understandable if they were charging €20 a go like Pfzer but they aren't.

It's incredible that almost every step they take makes the EU look worse.

[Nickgnome]

Clause 5.4 is intersting

[Whoozit]

Nickgnome said:

Clause 5.4 is intersting

Ah true - good spot. The UK is included in the definition of EU? That's rather peculiar.

[paulrockliffe]

Jordan210 said:

Eu are trying to claim best effort is

Important clarification from
@DLFto the wording of @vonderleyen
: "Best effort" applies as long as it was not clear whether they could develop a vaccine. We have now passed that time. The vaccine is here. "There are clear delivery quantities that are included in the contract #AstraZeneca stand.

https://twitter.com/EUinDE/status/1355088305432485...

This is very much cool story Ursula territory isn't it.

The contract is also contingent on EMA approval.
Legally it's not a vaccine until the EMA say it is.
The contract cannot be breached until 1 April. It's January.

So sue me in April is the appropriate response to anyone getting into the legal weeds on this.

Also, look at the page on costs if you're interested in transparency.

[don'tbesilly]

jesusbuiltmycar said:

Jordan210 said:

Eu are trying to claim best effort is

Important clarification from
@DLFto the wording of @vonderleyen
: "Best effort" applies as long as it was not clear whether they could develop a vaccine. We have now passed that time. The vaccine is here. "There are clear delivery quantities that are included in the contract #AstraZeneca stand.

https://twitter.com/EUinDE/status/1355088305432485...

But if it doesn't exists (excuse the factories are not up to speed) where is AZ supposed to get it from? I am still shocked that a company which is not seeking to make a massive profit from the vaccine is being painted as villains by the EU and some PH posters. Some of flak would be understandable if they were charging €20 a go like Pfzer but they aren't.

The EMA are yet to sign off on the Astra Zeneca vaccine being used in the EU27 countries.

What could/would have happened if the EMA didn't/don't sign off on the vaccine being used in the EU27 countries, what does it say in the AZ contract in terms of that happening?

[Nickgnome]

As is Clause 13e

[maz8062]

Nickgnome said:

Clause 5.4 is intersting

That’s the money shot right there.

[Troubleatmill]

So.....
Best Reasonable Efforts to make in the EU
Best Reasonable Efforts to distribute to the EU hubs



Best Reasonable Efforts......

[Whoozit]

Wombat3 said:

768 said:

https://ec.europa.eu/commission/presscorner/detail...

Well,

I have not read all 41 pages in detail but there are several references to "Best Efforts", and with a quick search I cannot find the words "UK", "United Kingdom" or "Guarantee" in it anywhere

.....and the very last part of it is an "ESTIMATED delivery schedule"

(I wonder if the word estimated doesn't translate very well?)

Even if there is some kind of technical legal "gotcha" in there , the tone and intent of that agreement seems pretty clear.

Para 5.4. Apparently they're trying to pretend Brexit didn't happen.

[chrispmartha]

[Nickgnome]

13(e) it is not under any obligation, contractual or otherwise, to any Person or third
party in respect of the Initial Europe Doses or that conflicts with or is inconsistent
in any material respect with the terms of this Agreement or that would impede the
complete fulfillment of its obligations under this Agreement;



This seems to commit AZ to ensure no other agreement can take precedence.

Any lawyers care to comment?

[anonymous-user]

944 Man said:

catweasle said:

....do they still make wagonwheels?

Not full size ones. Fun size only.

That’s no fun at all! You need big ones!

[Jordan210]

With Best Reasonable Efforts

Would breaking a contract with say the UK/others who signed up first be reasonable for AZ. If no then they did they Best Reasonable Efforts to supply the EU.