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Adopted text

Request for opinion from the Court of Justice on the compatibility with the Treaties of the proposed EU-Mercosur Partnership Agreement (EMPA) and Interim Trade Agreement (ITA)

TA-10-2026-0008 · P10_TA(2026)0008 · PE782.015

✦ In short · AI summary of this text, generated 4 Sept 2026

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Parliament requests the Court of Justice to assess whether the proposed EU-Mercosur Partnership Agreement and Interim Trade Agreement comply with EU Treaties, citing concerns over their split, rebalancing mechanism, and precautionary principle.

Key points

  1. Concerned that splitting the agreement into EMPA and ITA may breach Article 218(2) and (4) TFEU, conferral, institutional balance, and sincere cooperation, affecting Council voting and national parliaments' role.
  2. Concerned the rebalancing mechanism may be incompatible with Articles 11, 168, 169, 191 TFEU and Charter Articles 35, 37, 38, threatening EU legal order autonomy.
  3. Concerned the agreements may compromise the precautionary principle, potentially conflicting with TFEU Articles 168, 169, 191 and Charter Articles 35, 37, 38, especially via arbitration panel authority.
  4. Decides to seek a Court of Justice opinion under Article 218(11) TFEU on the compatibility of the proposed agreements and the EU's conclusion procedure.

Who is affected

  • National parliaments of EU member states, whose ratification rights may be circumvented by the split.
  • EU institutions, including co-legislators and the Commission, potentially pressured by rebalancing claims.
  • Mercosur countries (Argentina, Brazil, Paraguay, Uruguay), which could use the rebalancing mechanism.

Legal basis: Article 218(11) TFEU