Mercosur deal must not be implemented while EU court deliberates, MEP says

Eva Osborne

MEP Ciaran Mullooly said he is writing to European Commission President Ursula von der Leyen, demanding that the EU-Mercosur trade deal not be provisionally implemented while the European Court of Justice is examining its legality.

The letter comes after the European Parliament voted to seek a formal opinion from the Court of Justice on whether the agreement, and the way it has been structured, complies with EU law.

The EU-Mercosur trade deal has proven to be extremely controversial, with farmers across the EU protesting against it.

Last month, an EU diplomat said the free trade deal would probably be applied on a provisional basis as soon as March, despite the looming challenge at the bloc's top court.

However, Midlands-North-West MEP Mullooly warned that pressing ahead before the EU Court delivers its ruling would represent a "serious breach of trust".

He said he has also written to all Irish MEPs seeking their co-signature on the letter to President von der Leyen.

"As Ireland opposed the Mercosur Trade Agreement on the 9th of January, by doing this, they also formally opposed the provisional application of the agreement in advance of the EP vote," he said.

“Irish farmers and citizens deserve legal certainty. It would be unacceptable for the Commission to push this deal into effect while the legality of the agreement is actively before the EU’s highest court.”

Mullooly said the issue now transcends political debate about trade.

“This is about the rule of law. The European Parliament has exercised its Treaty right to seek clarification from the Court.

"To provisionally apply the agreement in the meantime would undermine Parliament, national parliaments, and the institutional balance laid down in the Treaties.”

In his letter to von der Leyen, Mullooly also pointed to assurances previously given by Commissioners that the trade agreement would not be provisionally applied before Parliament has granted consent.

Mullooly’s co-signed letter to von der Leyen states: "During their Parliamentary hearings, multiple Commissioners have given assurances that they would not provisionally apply the trade agreements before the European Parliament has given it’s consent. Furthermore, during your presidency of the Commission, assurances have been given in political guidelines, to not provisionally apply trade agreements before the European Parliament has given it’s consent."

Mullooly said: “Those commitments must now be honoured. If the Court is examining whether this agreement is legally sound, the only responsible course of action is to wait.”

The Court’s opinion process is expected to take between 12 and 18 months.