Several MEPs from different political groups are trying to collect 72 signatures for a motion for a resolution, which could ultimately lead to a request for an opinion on the agreement concluded with Mercosur being sent to the Court of Justice of the EU (CJEU). In a draft resolution seen by Agence Europe, the MEPs—from the Greens/EFA, The Left, S&D, Renew Europe, and EPP—call three aspects of the agreement and their compatibility with the Treaties into question.
According to the authors of the text, the structure of the agreement—which enables the trade section to be ratified by just the European institutions—may not comply with Article 218 of the Treaty on the Functioning of the European Union, the principle of competence, the principle of institutional balance, and the principle of sincere cooperation, which are set out in Article 4 of the Treaty on European Union.
Secondly, the rebalancing mechanism negotiated by Brazil—to counter future European legislation that would affect trade between the two blocs—is reportedly incompatible with several articles of the TFEU and the EU Charter of Fundamental Rights. MEPs fear that the EU will refrain from adopting new legislation or will revisit old texts in order to avoid compensation claims from Mercosur countries.
Finally, the MEPs who support the resolution are concerned about the EU respecting the precautionary principle. They believe that the EU-Mercosur agreement reduces sanitary and phytosanitary controls on imports from Mercosur.
The MEPs behind the initiative hope to collect 72 signatures on the draft resolution so that it can be put to a vote—possibly during the second plenary session in October. (Original version in French by Léa Marchal)