Date: 2026-02-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2026/185 of 9 January 2026 on the signing, on behalf of the Union, and provisional application of the Partnership Agreement between the European Union and its Member States, of the one part, and the Common Market of the South, the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Oriental Republic of Uruguay, of the other part
**Executive Summary**
Council Decision (EU) 2026/185, adopted on January 9, 2026, authorises the signing on behalf of the European Union, and provisional application, of the Partnership Agreement between the EU and its Member States and the Common Market of the South (Mercosur) countries. Certain provisions of the Agreement are to be applied provisionally, pending the Agreement's full entry into force. This decision enters into force on the date of its adoption.
**Key Points / Main Content**
* **Authorisation to Sign Agreement:** The EU authorizes the signing of the Partnership Agreement with Mercosur and its member states.
* **Provisional Application:** Certain parts of the Agreement will be provisionally applied pending full entry into force, based on Article 30.2 of the Agreement, between the EU and Mercosur and/or its signatory states.
* **Provisional Application Scope:** The following chapters and protocols will be applied provisionally, with specific exceptions:
* Chapter 1 (except Article 1.4, point (d))
* Chapter 2 (except Article 2.2(4), Article 2.3(5), and Article 2.4(5))
* Chapter 3 (except Article 3.2(3) to (8))
* Chapter 4 (except Article 4.1(2), point (m))
* Chapter 5 (except Article 5.3(3), point (b))
* Chapter 6 (except Article 6.6)
* Chapter 7
* Chapter 8 (except Article 8.4)
* Chapter 30 (except Article 30.1(1), Article 30.4(2), Article 30.5(2) and Article 30.6(5))
* The Protocol on Cooperation.
* **Publication of Provisional Application Date:** The date from which the provisionally applied parts take effect will be published in the Official Journal of the European Union.
* **Competence Allocation:** The signing of this Agreement does not affect the allocation of competences between the Union and its Member States.
* **No New Rights/Obligations:** This agreement does not confer rights or impose obligations on persons, other than those created between the Parties under public international law.
**Impact Analysis**
**The European Union and its Member States**
* **Impact:** The EU is committed to implementing the Partnership Agreement with Mercosur, with some parts of the agreement provisionally applied before its full entry into force. The EU will need to ensure alignment of internal policies with the agreement's provisions.
* **Action Required:** To prepare for and implement the agreement, the EU needs to monitor the publication of the provisional application date, and prepare for alignment of internal policies.
**Mercosur States (Argentina, Brazil, Paraguay, Uruguay)**
* **Impact:** Mercosur states gain preferential access to the EU market, fostering increased trade and cooperation. This agreement provides opportunity to strengthen the state economy.
* **Action Required:** Prepare for the provisional application of the agreement and ensure compliance with its regulations.
**Businesses and Citizens within the EU and Mercosur States**
* **Impact:** Benefit from increased trade opportunities, reduced tariffs, and enhanced cooperation in various sectors.
* **Action Required:** To be aware of the changes brought about by the Partnership Agreement, and take advantage of the new opportunities for growth.
Key Entities Referenced
Partnership Agreement between the European Union and Mercosur: A trade agreement between the European Union and the South American trade bloc Mercosur (Argentina, Brazil, Paraguay, and Uruguay).
Treaty on the Functioning of the European Union: The legal basis for many EU policies, including trade agreements.
European Commission: The executive branch of the European Union, responsible for proposing legislation, including trade agreements.
Council of the European Union: A body representing the governments of the EU member states. It shares with the European Parliament the power to legislate, and is where national ministers from each EU country meet to adopt laws and coordinate policies.
Official Journal EN
of the European Union L series
2026/185 27.2.2026
COUNCIL DECISION (EU) 2026/185
of 9 January 2026
on the signing, on behalf of the Union, and provisional application of the Partnership Agreement
between the European Union and its Member States, of the one part, and the Common Market of the
South, the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the
Oriental Republic of Uruguay, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91(1), 100(2),
Article 207(4), first subparagraph, Article 209(2) and Article 212, in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 13 September 1999, the Council authorised the Commission to open negotiations with the Common Market of
the South (‘Mercosur’) and its State Parties for an agreement consisting of political, cooperation and trade parts. The
negotiations were successfully concluded on 6 December 2024.
(2) Therefore, the Partnership Agreement between the European Union and its Member States, of the one part, and the
Common Market of the South, the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay
and the Oriental Republic of Uruguay, of the other part (the ‘Agreement’) should be signed.
(3) Certain provisions of the Agreement should be applied on a provisional basis, pending its entry into force, between
the Union, of the one part, and Mercosur and/or one or more of the Signatory Mercosur States which are Parties to
the Agreement (the ‘Signatory Mercosur States’), of the other part, in accordance with Article 30.2 thereof.
(4) The signing of the Agreement on behalf of the Union does not affect the allocation of competences between the
Union and its Member States. This Decision should not be interpreted as making use of the possibility for the Union
to exercise its external competence with regard to areas covered by the Agreement falling within shared competence
to the extent that such competence has not yet been exercised internally by the Union.
(5) The Agreement, in accordance with Article 30.9 thereof, does not, within the Union, confer rights or impose
obligations on persons, other than those created between the Parties under public international law,
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the Union of the Partnership Agreement between the European Union and its Member States, of
the one part, and the Common Market of the South, the Argentine Republic, the Federative Republic of Brazil, the Republic
of Paraguay and the Oriental Republic of Uruguay, of the other part(1), is hereby authorised, subject to the conclusion of
that Agreement.
Article 2
1. Pending its entry into force, the following parts shall be applied on a provisional basis between the Union, of the one
part, and Mercosur and/or one or more of the Signatory Mercosur States, of the other part, in accordance with Article 30.2
of the Agreement and subject to the notifications provided for therein:
— Chapter 1 of the Agreement, with the exception of Article 1.4, point (d);
— Chapter 2 of the Agreement, with the exception of Article 2.2(4), Article 2.3(5) and Article 2.4(5);
— Chapter 3 of the Agreement, with the exception of Article 3.2(3) to (8);
— Chapter 4 of the Agreement, with the exception of Article 4.1(2), point (m);
— Chapter 5 of the Agreement, with exception of Article 5.3(3), point (b);
(1) The text of the Agreement is published in OJ L, 2026/186, 27.2.2026, ELI: http://data.europa.eu/eli/agree_internation/2026/186/oj.
ELI: http://data.europa.eu/eli/dec/2026/185/oj 1/2EN
OJ L, 27.2.2026
— Chapter 6 of the Agreement, with the exception of Article 6.6 (consular protection);
— Chapter 7 of the Agreement;
— Chapter 8 of the Agreement, with the exception of Article 8.4 (tax matters);
— Chapter 30 of the Agreement, with the exception of Article 30.1(1), Article 30.4(2), Article 30.5(2) and Article 30.6(5);
and
— The Protocol on Cooperation, as attached to the Agreement.
2. The date from which the parts referred to in paragraph 1 are to be applied on a provisional basis shall be published in
the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 9 January 2026.
For the Council
The President
M. RAOUNA
2/2 ELI: http://data.europa.eu/eli/dec/2026/185/oj