In today's article from the "Lawyer on the Farm" series, we are obliged to update information regarding the EU-Mercosur Agreement.
Recent events indicate that the EU-Mercosur Agreement may be signed, as there is a high probability that the European Union countries will not be able to form a minority blocking the entry into force of this agreement.
We would like to inform you that a meeting between Brazilian President Luisa Inácio Lula da Silva and French President Emmanuel Macron recently took place. Following this meeting, the bloc of European countries opposing the entry into force of this agreement lost a crucial ally: France. According to our information, France will withdraw its opposition to the EU-Mercosur agreement, and therefore, there is no possibility of forming a blocking minority.
This attitude of France means a complete change of mood and, at the same time, a huge threat to European agriculture, including the Polish agri-food industry.
At this point, it is worth considering whether, due to Poland's opposition to this agreement, Poland has the option to withdraw from this agreement and, consequently, not fulfill the conditions contained therein?
We would like to draw your attention to the fact that, although the negotiation process for the agreement has already concluded, its approval requires the consent of all member states. What does this mean? In the past, issues concerning competence in international trade agreements have been examined by common courts and the Court of Justice of the EU. According to the Court of Justice of the EU's rulings, the European Union has the right to conclude trade agreements, but their implementation must comply with primary and secondary EU law. If a unanimous decision is not reached in the EU Council, the agreement could be suspended or even rejected. However, the loss of French support significantly reduces this possibility.
Poland has so far been one of the most vocal opponents of this agreement. However, without support from France and other countries such as Germany and Spain, Poland could find itself isolated in the EU Council. Therefore, we believe Poland should focus on agreeing on additional protective measures for European agriculture, such as protective tariffs, import limits, and exceptions related to health safety.
In the absence of an effective plan, the Polish market may become dominated by goods from South America that do not meet EU quality and food safety standards.
For this reason, the Law Firm is constantly monitoring the international situation related to this Agreement, as the consequences of this decision could be disastrous for Polish agriculture, which is already struggling with problems resulting from the Green Deal and price pressure.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 6, 2025.
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