Rechtsgutachten von Greenpeace, 26.2.2024 (engl. Original)
Since 1999, the EU and the Mercosur countries (Brazil, Argentina, Paraguay and Uruguay) have been negotiating an Association Agreement which will include a trade pillar, the latter being the Free Trade Agreement (FTA). The FTA aims at increasing the amount of goods crossing borders, including products associated with high greenhouse gas emissions or having strong impacts on forests and other valuable ecosystems, which are at risk of deforestation, conversion or degradation.
The FTA is a trade agreement of the past: According to the EU Commission’s own assessment, it will lead to increases in greenhouse gas emissions rather than contribute to climate mitigation and the protection of carbon sinks. Given the current projections of the world on the way to a 2.9°C temperature increase compared to pre-industrial levels, concluding a trade agreement that would lead to emissions increases both in and outside of the EU as well as losses of carbon sinks and detrimental effects on biodiversity is legally unacceptable.
According to the present legal analysis, the current version of the EU-Mercosur FTA cannot be signed or ratified by the EU institutions: The FTA infringes the EU’s obligations under international law, and particularly the UN climate regime.
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