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This may all be self-serving nonsense, of course, but it may be that Valdis Dombrovskis, EU Trade Commissioner, was the only senior official to see it before it went "live". If this is the case, it would be surprising as Dombrovskis is the co-chair of a joint EU/UK committtee with Michael Gove overseeing the operation of the N. Ireland protocol, and would have been aware of the political sensitivities.
If this story is to be believed, the final text was only e-mailed to relevant officials, working from home, 30 minutes before it was officially adopted under an emergency procedure. It's not surprising that some officials, reading a dense text for the first time, didn't get to the offending paragraph in time, even if they had begun reading it immediately on receipt.
In any case it was retracted within hours, following frantic phone calls between Michael Martin and Ursula VD Leyen, and shouldn't be regraded as much more of an administrative SNAFU quickly corrected. This has not prevented Brexiteers and unionists trying to turn it into a major international incident. I also don't think it reflects badly on Ursula VD Leyen personally, as she would have been relying on her staff to deal with such matters.
So whatever you might think of Ursula VD Leyen for other reasons, blaming her for this is confirmation bias, except in the purely formal sense that she is ultimately responsible for everything the Commission does.
Index of Frank's Diaries
What is concerning is that this vaccine export control act is a political performance act that is practically mostly useless. Export controls or not, vaccination will probably go full speed ahead only in Q2. Oh but now we have to be seen to do something quickly! Thus they cooked something up through an emergency procedure, end of the day ->> splash. And who set this train in motion? That's where we have the direct responsibility of vdl.
Schengen is toast!
But preferably EU should go full delinkage: scrap patents for medicines, finance research from the public purse (grants and awards), and have competition in production. It was on the WHO agenda in 2014 and it had support including willingness to pitch in to research from the global South but it was shot down, mainly by the US.
In the current situation even pondering allowing generic production for vaccines that isn't delivered would probably scare Pharma enough to make EU a top priority.
My guess is such a tribunal would make recommendations along the following lines:
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