In brief
The EU–Mercosur Association Agreement ("Agreement") has been fully negotiated and politically concluded after more than 25 years of talks. On 9 January 2026, the EU Council reached the qualified majority to authorize its signing, overcoming long-standing internal resistance.
However, the Agreement has not yet been signed, is not in force, and produces no legal or commercial effects. A signing ceremony in Asunción, Paraguay, has been announced but has not yet taken place.
In more detail
1. Situation within the European Union
Even after signing, the Agreement must complete the European internal procedure:
- Approval by the European Parliament, which is an indispensable requirement for its entry into force
- Subsequent decision by the Council to conclude the Agreement
This stage entails risks of delay, as a significant group of members of the European Parliament has expressed opposition and is considering possible legal challenges. Until the European Parliament approves the treaty, the EU will not be legally bound by it.
As the EU–Mercosur Agreement would have a "mixed" character*, its full entry into force requires, in addition to the European Parliament's consent and the Council's decision of conclusion, internal ratification by the Parliaments of all EU member states.
* It would be mixed because it covers matters that do not fall within the EU's exclusive competence and, by their nature, involve shared or national competences of the member states (e.g., investment and investment protection, comprehensive services chapters, public procurement and transport, as well as certain regulatory, sanitary/phytosanitary and environmental rules requiring internal legislative implementation).
Consequently, the lack of approval by a single member state would be sufficient to prevent the Agreement's full entry into force. Under the most favorable scenario, this could limit its effect to partial provisional application restricted to areas of exclusive EU competence — a measure that does not replace the Agreement's full operability.
2. Situation in Mercosur and in Argentina
Once signed, the Agreement must be ratified by each Mercosur state party in accordance with its respective constitutional procedures.
In the case of Argentina, the treaty is not automatically operative and requires the following:
- Approval by an act of the National Congress, pursuant to Article 75(22) of the National Constitution
- Ratification by the National Executive Branch and deposit of the corresponding instrument
- Internal regulatory adjustments, particularly in: (i) tariff and customs regulations; (ii) technical regulations and sanitary and phytosanitary measures; and (iii) public procurement, trade defense and intellectual property.
Until these steps are completed, the Agreement does not create enforceable rights or obligations under Argentine domestic law.
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Victoria Acevedo Freixas, Associate, has contributed to this legal update.
Download the Spanish version of Argentina: EU–Mercosur Association Agreement.