EU should consider legal means to get promised vaccines, says Michel

By John Chalmers

BRUSSELS (Reuters) – The European Union should explore legal means to secure supplies of COVID-19 vaccines it has pledged to buy if negotiations with companies over delivery delays prove unsuccessful , declared the President of the European Council, Charles Michel, in a letter.

The EU, at odds with Anglo-Swedish pharmaceutical maker AstraZeneca over its failure to deliver vaccines, has asked whether it can divert supplies away from Britain, and it is also considering strengthening oversight of the bloc’s vaccine exports.

Some of the EU’s 27 member states have proposed legal action to force pharmaceutical companies to honor their vaccine supply commitments, and Michel’s letter to four European government leaders suggests that option is now seriously considered.

He added that if “deemed politically expedient”, EU action could include recourse to Article 122 of the bloc under which EU states would legally take “measures appropriate to the economic situation » in the event of serious supply difficulties.

“This would give the EU and member states the legal means, by adopting appropriate urgent measures, to ensure efficient production and supply of vaccines for our population,” Michel said in his letter to the leaders of Austria, from the Czech Republic, Denmark and Greece. which was seen by Reuters.

“I made this suggestion to (European) Commission President von der Leyen so that we can explore this path soon,” he wrote.

Michel, who represents the 27 EU member states, said he supported all efforts to resolve the issue with vaccine makers “through dialogue and negotiation.”

“However, if no satisfactory solution can be found, I believe we should explore all options and use all legal means and enforcement measures available to us under the treaties.”

The EU failed to make a breakthrough in crisis negotiations with AstraZeneca on Wednesday and asked the drugmaker to clarify how it would supply the bloc with reserved doses of COVID-19 vaccine from factories in Europe and Great Britain.

The EU is carrying out more comprehensive checks on vaccines before they are approved, meaning a slower vaccine rollout than former EU member Britain and growing public frustration.

(Edited by Mark Heinrich)