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Introduction

The 1 May date is a projected operational target, but the EU–Mercosur tariff preferences only become legally applicable after European Parliament consent and formal entry into force. Until then, TRQ access and preferential import treatment cannot be guaranteed. This requires: 

  • European Parliament consent 
  • ​Council approval 
  • ​Completion of legal-linguistic finalisation 
  • ​Publication in Official Journal 
  • ​Entry-into-force clause triggered

Earliest possibility would be a provisional application in accordance with article 218, paragraph 5 TFUE. There is currently no confirmed Council decision publicly establishing:
  • provisional application start date
  • scope of provisional application (full vs partial)
  • excluded sensitive areas (e.g. agriculture, possibly ethanol specifics)

    That means that:

    Even if 218(5) applies legally, it is not yet operationally activated


Article 218 
Agreements between the Union and third countries or international organisations

(...)

(5) The Council, on a proposal by the negotiator, shall adopt a decision authorising the signing of the agreement and, if necessary, its provisional application before entry into force.

(6) The Council, on a proposal by the negotiator, shall adopt a decision concluding the agreement.

Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:
 
  • after obtaining the consent of the European Parliament in the following cases:
  • association agreements
  • agreement on Union accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms
  • agreements establishing a specific institutional framework by organising cooperation procedures
  • agreements with important budgetary implications for the Union
  • agreements covering fields to which either the ordinary legislative procedure applies, or the special legislative procedure where consent by the European Parliament is required

    The European Parliament shall be immediately and fully informed at all stages of the procedure.
(...)

(8) The Court of Justice shall have jurisdiction to give an opinion on the compatibility of an agreement envisaged with the Treaties. Where the opinion of the Court is negative, the agreement envisaged may not enter into force unless it is amended or the Treaties are revised.




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