In response to the COVID-19 pandemic, Ireland, through its participation in an EU led procurement process, gained access to a broad range of vaccines that it might not otherwise have had access to, and at a cost negotiated collectively by the EU.
As part of this procurement exercise, Ireland opted into Purchase Agreements with several pharmaceutical companies. The contents of the Purchase Agreements, including with regard to liability and indemnity, were negotiated with vaccine suppliers by the European Commission through its negotiation team, acting on behalf of Member States. Member States may have decided to opt in / opt out, but did not have scope to recast the provisions of any such Purchase Agreements.