Sat. Aug 13th, 2022
Brussels, 25 July 2022
See question(s) : E-001822/2022
Answer given by Ms Kyriakides
on behalf of the European Commission
On 19 October 2021, the contractor notified the Commission of its inability to provide the product, with particular reference to clinical trials not being satisfactory and EU marketing authorisation not being granted.
Under Article II.14.1 of the advance purchase agreement (APA), these reasons are grounds for automatic termination of the APA. The termination of the APA took effect on 8 November 2021.
Article II.14.5 (a) of the APA requires the contractor to send a financial statement and a list of any raw materials and primary components not used and paid for with the up-front payments (Refundable Items). According to the Financial Statement provided by CureVac, the up-front payment received in December 2020 was used to cover development and production costs. Given that neither the Commission nor the Member States were in a position to physically take possession of the raw materials and primary components that CureVac had purchased, it was agreed that CureVac would try to sell these materials, and reimburse the Commission with the funds received. In parallel, the Commission and CureVac are trying to find other outlets for these materials, such as academic research institutions.
On 8 June 2022, the Commission received an update from CureVac confirming the company has shipped part of the material to research organizations free of charge (in agreement with the Commission), sold part of the material mainly to other industrial partners (a share of which will be reimbursed to the Commission) and disposed of obsolete material, as necessary.
CureVac are continuing their efforts and will continue to regularly update the Commission.