A legal analysis carried out by the University of Amsterdam and commissioned by the NGO network Climate Action Network (CAN Europe) takes a look at the EU/Mercosur trade agreement that was concluded in December (see EUROPE 13540/1).
According to the authors of the analysis, the agreement will increase greenhouse gas emissions, in particular by increasing trade in high-emission products such as beef and soya. Only trade in green products could be beneficial for the climate, say the authors.
As for the introduction of the Paris Agreement as an essential clause, this reference is “vague and adds little meaning or teeth to already existing international obligations”, according to Christina Eckes, who teaches European law at the University of Amsterdam and who is the author of the analysis.
Remaining a “party” to the Paris Agreement is the only essential part of the agreement. Although the text provides examples of good cooperation in implementing the Paris Agreement, it is therefore highly unlikely that failure to meet most of the obligations will lead to suspension of the agreement.
The authors of the report also examine the rebalancing mechanism granted by the EU to the Mercosur countries. They believe that this instrument could act as an obstacle for the EU in adopting new climate policies, for fear of triggering this rebalancing mechanism.
In addition, the analysis underlines that such a mechanism automatically excludes potential mirror measures in trade agreements, insofar as these would affect trade between the EU and Mercosur.
Read the analysis: https://aeur.eu/f/ggz (Original version in French by Léa Marchal)