Poland breaches contracts for coronavirus vaccines

Poland has unilaterally withdrawn its contractual obligations to purchase the BioNTech/Pfizer coronavirus vaccine, Health Minister Adam Niedzielski announced Tuesday, citing overstock and financial pressures created by the flood of millions of migrants fleeing Ukraine’s war.

Niedzielski told TVN24’s all-news channel that the Warsaw administration informed the European Commission and vaccine suppliers late last week that it was activating a force majeure provision in the procurement contract and would refuse to pay for and accept more doses.

Niedzielski noted that when the pandemic situation improved, the necessity for immunizations decreased. Meanwhile, the Ukrainian refugee crisis had strained national budgets.

He noted that while the government attempted to find a compromise by requesting that supplies be staggered over a ten-year period, “we found an absolute lack of flexibility on the part of the manufacturers.”

Niedzielski stated that the action had put the government in legal dispute with Pfizer — which, in collaboration with Germany’s BioNTech, is the EU’s primary supplier of coronavirus vaccinations. Other corporations will shortly begin discussions, the minister said, adding that he hopes they would demonstrate greater flexibility.

The Commission negotiated supply agreements with major vaccine manufacturers on behalf of EU member states and also entered into joint procurement agreements with Moderna, Johnson & Johnson, and AstraZeneca, among others.

“While member states are bound by contractual duties, the Commission recognizes Poland’s precarious position,” Commission spokesperson Stefan De Keersmaecker said. EU authorities, he added, will seek to encourage negotiations and find a “pragmatic solution.”

BioNTech and Pfizer declined to comment, stating only that they had reached an agreement with the European Commission to distribute its COVID-19 vaccine to EU member states.

Poland was one of 11 nations that urged the Commission last month to establish an EU fund to cover the expenses of health care for Ukrainians escaping the Russian incursion. Poland has taken in by far the greatest number of Ukrainian refugees of any EU member state, sheltering approximately 3 million. Poland’s backing for neighboring Ukraine has earned it praise throughout the union, but it has not been enough to unlock EU funding frozen due to worries about rule of law.