An Irish MEP has urged the government to seek legal advice on an apparent attempt to ratify the EU-Mercosur Trade Agreement without allowing EU member states the chance to veto its key trade provisions.
It is understood that, while the technical details of the deal’s provisions are very near conclusion, there are also other details to iron out on what parts of the deal would fall within the exclusive remit of the EU, and what parts would be under a shared remit with member states.
Matters under the exclusive remit, or competence, of the EU will not necessarily require unanimous sign off from the member states.
Now, Ireland South MEP Michael McNamara has warned the government that the European Commission may attempt to ‘split’ the deal so that the trade aspect does not require approval from member states.
McNamara said that the conclusion of the Mercosur deal is “widely rumoured” to be imminent.
In a letter addressed to Taoiseach Simon Harris and Tánaiste Micheál Martin, seen by Agriland, McNamara said that the commission is considering splitting the deal, thereby separating the trade component from the other parts of the deal, in order to get around opposition from EU countries, with Ireland and France being the loudest voices against the deal.
If this occurred, the deal would then only need to be approved by a qualified majority of member states, meaning 15 member states representing 65% of the EU’s population.
“In this scenario, France and Ireland, even if supported by Poland, Austria, and the Netherlands, which at various times, have also voiced opposition, would not be sufficient to prevent the deal from being voted through,” McNamara’s letter said.
Apart from agricultural, environmental and health concerns, the MEP also warned that ratifying the Mercosur deal by circumventing national parliaments would damage the image of the EU as an institution that ostensibly promotes democracy.
According to McNamara, the push to split the deal like this is being driven by a number of German political leaders, and would see the EU-only trade aspect of the deal fast-tracked, while issues of less pressing importance, such as political dialogue and cultural elements, would be left to the member states.
He claimed that, if the commission pursued this course of action, it would be a violation of the negotiating mandate that the EU member states gave to the European Commission and, therefore, a violation of EU law.
“In light of the pace at which this is progressing here, I call upon you to confirm that the government is seeking legal advice on the possibility of challenging a split deal and, crucially, that it will take whatever steps are possible to prevent this…including by recourse to the Courts of the EU,” McNamara told the Taoiseach and Tánaiste.