After 25 years of negotiations, the EU-Mercosur free trade agreement enters provisional application from May 1 – removing duties of up to 35 percent on footwear and apparel into South America. Full ratification remains legally contested.

European sporting goods brands are set to gain their first meaningful access to reduced tariffs in South America from May 1, when the EU-Mercosur free trade agreement (FTA) enters provisional application, the European Commission confirmed on Monday.

The trade elements of the accord will take effect between the 27-member European Union and those countries in the Mercosur bloc – Argentina, Brazil, Paraguay, Uruguay and Bolivia – that complete their domestic ratification procedures by the end of March, according to Reuters.

What “provisional” means – and why it matters

Provisional application is a specific legal mechanism that allows the Commission to activate the trade pillar of a mixed agreement before full ratification has cleared every EU national parliament. This distinction is commercially significant: brands and buyers can begin planning for tariff changes without waiting for a ratification timeline that most analysts place well into 2027 or beyond.

The mechanism is also politically sensitive. The European Parliament voted on Jan. 21 – 334 to 324 – to refer the agreement to the Court of Justice of the European Union (CJEU), asking whether the EU can separate the trade pillar from the broader political cooperation agreement and bypass national parliaments entirely. That ruling is expected in late 2026 or 2027. Provisional application proceeds in parallel, but a negative CJEU opinion could complicate the path to full entry into force.

The tariff picture for sporting goods

Mercosur countries currently apply some of the world’s highest import duties on consumer and technical goods. Published trade data show levies of 35 percent on footwear and on clothing and textiles, with duties of 14 to 20 percent on technical sporting equipment – categories that cover everything from running shoes to protective helmets and gym machines.

Under the deal’s terms, all three tariff categories move progressively toward zero, giving European exporters a structural cost advantage over competitors from outside the agreement.

Beyond tariffs, the deal includes provisions for technical standards alignment – reducing the need for double certification on regulated products – and opens public procurement in Mercosur countries to EU-based bidders on equal terms with local suppliers.

Rules of origin: not every product qualifies

Preferential rates apply only to goods that meet rules of origin (RoO) requirements.

For footwear and apparel, the standard is a value-added threshold: non-originating components typically cannot exceed 40 to 50 percent of the product’s ex-works price. Brands that rely heavily on technical inputs from Asia – specialist cushioning, carbon-fiber components – will need to verify their supply chain structure before pricing the tariff benefit into contracts or distribution agreements.

The European Commission’s Access2Markets portal, which was updated Monday to include the specific 2026 Mercosur eligibility protocols, includes a self-assessment tool to check product-level eligibility by Harmonized System code.

What remains outstanding

Provisional application covers only the trade pillar and only for Mercosur members that clear ratification by the March deadline. The CJEU referral, ongoing national ratification processes across the EU, and continued agricultural opposition in France, Poland and Italy mean that full, definitive entry into force is a 2027-or-later scenario at best.

FESI (Federation of the European Sporting Goods Industry), which monitors the deal on behalf of member companies, has been a consistent advocate for accelerated implementation given the scale of the tariff barrier the deal dismantles. For the industry, May 1 is the operative planning date – not the finish line.