01
WHAT IS THE EU-MERCOSUR AGREEMENT — AND WHY NOW?
In Force Since 1 May 2026
The EU-Mercosur Interim Trade Agreement began provisional application on 1 May 2026. Tariff dismantling is active now. If you export to Brazil and have not yet verified your NCM codes against the new schedule, you may be paying duties you no longer owe — or missing the documentation requirements to claim preferences.
After 25 years of negotiations, the EU-Mercosur Interim Trade Agreement (iTA) entered provisional application on 1 May 2026, covering all four Mercosur member states: Argentina, Brazil, Paraguay and Uruguay.
The EU-Mercosur partnership is not one agreement but two parallel legal instruments signed in Asunción, Paraguay, on 17 January 2026: the EU-Mercosur Partnership Agreement (EMPA), which covers the full scope of political, economic and cooperation relations; and the Interim Trade Agreement (iTA), which isolates the trade pillar and can be applied without requiring ratification by all 27 EU member states.
The tariff dismantling schedule — set out in Annex 2-A of the agreement — commenced on 1 May 2026 and runs for up to 15 years, depending on product category.
Legal Status — May 2026
The iTA is provisionally applied and legally binding under international law. The full EMPA still requires consent from the European Parliament and ratification by all 27 EU member states. Until that process completes, the iTA operates as a standalone agreement. The European Parliament requested an ECJ opinion in January 2026; this legal review does not suspend provisional application.
From a German perspective, the breakthrough is both commercially significant and politically symbolic. Germany has been among the most consistent advocates for the agreement within the EU Council. The Federation of German Industries (BDI) described the adoption as "an important success for the German and European economies", noting the EU's continued relevance as a geostrategic actor in a period of rising protectionism.
700M+
Consumers in the combined EU-Mercosur free trade zone
€4B+
Annual tariff savings projected for EU exporters
91%
Of EU goods exports to Mercosur covered by tariff reductions
€14B
German exports to Brazil in 2024 (UN COMTRADE)
02
WHAT IS AT STAKE FOR GERMAN EXPORTERS?
Germany is Mercosur's largest European trading partner in most industrial categories. In 2024, Germany exported USD 14 billion in goods to Brazil alone.
The top five export categories were: machinery and nuclear reactors (USD 3.15B), vehicles and automotive parts (USD 1.73B), electrical and electronic equipment (USD 1.32B), pharmaceutical products (USD 1.20B), and organic chemicals (USD 1.07B). Every one of these categories faces or has faced significant Brazilian import duties — in most cases, between 14% and 35%.
"When a German machinery manufacturer quotes a Brazilian buyer, the 14 to 20% import tariff is a cost that either gets passed to the buyer or absorbed in margins. Under the iTA, that cost disappears."
The automotive sector deserves a particular note. In 2024, German manufacturers produced approximately 524,000 passenger cars in Brazil and Argentina, yet exported only 25,700 from Germany to all Mercosur countries — a direct consequence of the 35% import tariff making German-origin vehicles commercially non-viable for most Brazilian buyers. The iTA begins reducing this barrier, though the full automotive phase-in runs 15 years.
Das EU-Mercosur-Abkommen ist seit dem 1. Mai 2026 vorläufig in Kraft. Deutsche Exporteure können ab sofort von Zollsenkungen auf Maschinen, Chemikalien, Pharmazeutika und Fahrzeugteile profitieren. Voraussetzung ist die Einhaltung der Ursprungsregeln (Ursprungsnachweis / Erklärung zum Ursprung). Unternehmen, die bereits Waren nach Brasilien liefern, sollten ihre NCM-Codes und Lieferdokumentationen umgehend prüfen.
Key Terms / Schlüsselbegriffe
Free trade agreement→ Freihandelsabkommen
Tariff reduction→ Zollsenkung / Zollabbau
Rules of origin→ Ursprungsregeln
Statement on origin→ Erklärung zum Ursprung
Customs clearance→ Zollabfertigung
Preferential tariff→ Präferenzzoll
Provisional application→ Vorläufige Anwendung
Subsidiary in Brazil→ Tochtergesellschaft in Brasilien
03
TARIFF SCHEDULE BY SECTOR: THE GERMAN PRIORITY MAP
The following table consolidates the tariff reduction commitments most relevant to German exporters, drawn from the European Commission's official factsheet and the iTA Annex 2-A tariff schedule.
Scroll horizontally to see the full table
| Sector |
Current Brazil Tariff |
Phase-in |
Day-1 Cut (1 May 2026) |
Ultimate Rate |
2024 German Export Value |
| Machinery & industrial equipment |
14–20% |
10 years |
~1.3–1.7 pp reduction |
0% (93% of lines) |
USD 3.15B |
| Passenger cars |
35% |
15 years |
Nominal first cut |
0% |
USD 1.73B |
| Automotive parts & components |
14–35% |
15 years |
Nominal first cut |
0% |
— |
| Electrical & electronic equipment |
14–20% |
10 years |
~1.3–1.7 pp reduction |
0% |
USD 1.32B |
| Pharmaceuticals |
14% |
Immediate / rapid |
Immediate reduction begins |
0% |
USD 1.20B |
| Organic chemicals |
18% |
Immediate / rapid |
Immediate reduction begins |
0% |
USD 1.07B |
| Optical, medical & surgical instruments |
14–18% |
0% from day one |
Full elimination |
0% |
USD 906M |
| Iron, steel & metal products |
12–18% |
0% from day one |
Full elimination |
0% |
USD 801M |
| Plastics & articles thereof |
14–18% |
10 years |
First cut applies |
0% |
USD 509M |
| Textiles |
35% |
8 years |
3.9 pp reduction |
0% |
— |
Always Verify at the NCM Code Level
The table above reflects general product categories. Actual tariff treatment is determined at the 8-digit NCM (Nomenclatura Comum do Mercosul) code level. Before claiming any preference, your Brazilian importer or customs broker must verify the specific NCM code against Annex 2-A of the iTA. Use the
EU Access2Markets portal and its "My Trade Assistant" tool for a product-level check.
Pharmaceuticals & Chemicals — Immediate Tariff Reduction from Day One
Machinery & Electronics — Progressive 10-Year Phase-in to 0%
Automotive — Longest Phase-in at 15 Years to Full Elimination
04
RULES OF ORIGIN: THE COMPLIANCE CONDITION
Preferential tariff treatment is not automatic. To benefit from reduced duties in Brazil, goods must satisfy the rules of origin set out in Chapter 3 and Annex 3-B of the iTA — and the exporter must provide proof of that origin at the time of export.
A product that does not meet origin requirements will be cleared at the standard MFN (Most Favoured Nation) rate, regardless of whether a Statement on Origin accompanies it. Under the iTA, a product is considered to originate in the EU if it is either wholly obtained — entirely produced or manufactured in the EU — or sufficiently processed — the product underwent processing in the EU that satisfies the product-specific rules in Annex 3-B.
For German manufacturers with complex supply chains involving components from non-EU countries (e.g., electronics from Asia), the origin qualification is not guaranteed and requires a supply-chain-level analysis. The entire production chain must be documented.
How to Prove Origin — Statement on Origin
For EU exporters shipping to Brazil, the proof of origin takes the form of a Statement on Origin — a declaration by the exporter on the commercial invoice or any other commercial document. There is no EUR.1 certificate under the iTA; self-certification is the standard mechanism.
- Must follow the text of Annex 3-C of the iTA
- Must include the exporter's REX number (Registered Exporter number)
- Valid for 12 months from the date of issue
- Must be submitted within the 12-month window to Brazilian customs
REX Registration — Action Required
EU exporters must be registered in the REX (Registered Exporter) system before they can make out a Statement on Origin. If your company is not yet registered, contact the German customs authority (Generalzolldirektion) or your customs broker immediately. Registration is free but takes several weeks. Without a REX number, you cannot claim preferential tariffs under the iTA.
Practical Tool — ROSA: The European Commission's ROSA (Rules of Origin Self-Assessment) tool, accessible via the Access2Markets portal, allows exporters to assess whether a specific product qualifies for preferential origin under the iTA. It is available at no cost and requires only the product's HS code and a description of the production process.
05
PUBLIC PROCUREMENT: A NEW OPENING
One of the less-discussed but commercially significant provisions of the iTA is the inclusion of government procurement access — for the first time, EU companies may bid for Brazilian federal public contracts on the same terms as local Brazilian companies.
Brazil's federal procurement market alone exceeds €8 billion per year. Sectors where German companies have a natural competitive advantage — infrastructure, industrial equipment, medical technology, engineering services — are directly exposed to this opening.
€8B+
Brazil Federal Procurement Market Per Year
Equal
Treatment for EU vs. Local Brazilian Bidders
CNPJ
Local Entity Still Required to Participate
Important Note: To participate in Brazilian public tenders, foreign companies typically still require a local legal presence (a registered CNPJ entity). The iTA removes the discriminatory treatment; it does not waive Brazilian administrative requirements. Companies wishing to capture procurement opportunities should consider establishing a Brazilian subsidiary without delay.
06
IMPLICATIONS FOR GERMAN COMPANIES ALREADY OPERATING IN BRAZIL
For German multinationals with an existing Brazilian subsidiary (filial or LTDA), the iTA creates both opportunities and new obligations that must be managed carefully.
Import Cost Recalculation
If your Brazilian entity currently imports components, intermediate goods or finished products from your German parent, the cost structure of those imports changes from 1 May 2026 onwards. Standard transfer pricing and intercompany pricing arrangements should be reviewed to reflect the updated landed costs — particularly where the previous tariff burden was part of the pricing justification.
iTA Tariff Reductions
- Apply at the border (Imposto de Importação)
- Reduce the cost of bringing goods into Brazil
- Require origin documentation (REX + Statement)
- Active from 1 May 2026
CBS/IBS Tax Reform
- Applies to domestic consumption transactions
- Affects all domestic & import-related VAT calculations
- Invoice compliance deadline: 1 August 2026
- Runs in parallel — must be managed simultaneously
CBS/IBS Invoice Compliance Deadline: 1 August 2026
All electronic invoices (NF-e, NFC-e, NFS-e) issued in Brazil must include the new CBS and IBS data fields from 1 August 2026 onwards. Errors or missing fields will trigger fines, loss of tax credits and potential operational disruption. This deadline applies to all entities with a CNPJ, regardless of whether they are foreign-owned.
ANVISA and INMETRO Certifications Are Not Affected
The iTA reduces tariffs but does not alter Brazil's non-tariff regulatory requirements. Products subject to ANVISA registration (food, beverages, cosmetics, pharmaceuticals, medical devices) or INMETRO certification (electronics, safety equipment, toys, energy products) must still complete those approval processes independently of the trade agreement. Tariff savings will not materialise until clearance from these agencies is in place.
07
ACTION CHECKLIST FOR CFOs AND TRADE DIRECTORS
The following steps represent the minimum compliance and optimisation agenda for any German company currently exporting to Brazil or planning to do so.
Verify your NCM codes against the iTA Annex 2-A tariff schedule
Use the EU Access2Markets portal. Confirm which tariff category (immediate, 10-year, 15-year) applies to each product line.
Register as a REX (Registered Exporter) with German customs
Without REX registration, you cannot issue a valid Statement on Origin. Contact the Generalzolldirektion or your German customs broker.
Run a ROSA self-assessment for each product exported to Brazil
The ROSA tool at Access2Markets will confirm whether your goods qualify for preferential origin. For complex supply chains, engage a trade counsel.
Brief your Brazilian importer on the new origin documentation requirement
Your Brazilian buyer or subsidiary must present the Statement on Origin at customs clearance. If they are unaware of the change, they will continue clearing at MFN rates.
Recalculate landed costs and transfer pricing for intragroup imports
Where import tariffs formed part of the intercompany pricing basis, update cost models to reflect the phased tariff reduction schedule. Document changes for transfer pricing compliance under Brazil's OECD-aligned rules (effective 2024).
Update your NF-e invoice template in Brazil for CBS/IBS fields
Separate from the iTA, but equally urgent: the CBS/IBS invoice compliance deadline is 1 August 2026. Fines apply from that date.
Assess the viability of direct export vs. local manufacturing
For some sectors, the tariff reduction makes direct export from Germany newly competitive versus local production. This trade-off should be formally re-evaluated with updated numbers.
Consider establishing a Brazilian CNPJ entity if bidding for public contracts
The iTA opens public procurement, but Brazilian administrative law still requires a local CNPJ. Entity setup typically takes 6 to 12 weeks from apostilled documents.
Review the Germany-Brazil double taxation treaty (DTA)
The DTA remains in force. With the SELIC rate at 15% and the INE withholding tax increased to 20% (from January 2026), dividend repatriation and intercompany financing structures should be revisited.
Monitor the iTA legal review at the ECJ
The European Parliament requested an ECJ assessment in January 2026. While provisional application continues, the outcome may affect the full EMPA ratification timeline.
BPC Partners Can Help: Our team provides end-to-end support for market entry and compliance, covering tax, legal representation, accounting, payroll, customs advisory, and corporate structuring. Contact us to discuss the strategy that best fits your objectives in Brazil.
08
OUTLOOK: WHAT COMES AFTER THE iTA?
The Interim Trade Agreement is a transitional instrument. It will eventually be repealed and replaced by the full EU-Mercosur Partnership Agreement (EMPA), once the latter has been ratified by all 27 EU member states.
That ratification process — which requires national parliaments across the EU — is expected to take several years and faces political headwinds in France, Austria, Ireland and Poland. For operational purposes, German companies should plan around the iTA as the governing instrument for the foreseeable future.
1
17 January 2026 — Signing in Asunción
EU and Mercosur formally sign both the EMPA and the iTA at the ceremony in Asunción, Paraguay. EU Council had authorised the signing on 9 January 2026.
2
1 May 2026 — iTA Enters Provisional Application
Following ratification by Argentina, Brazil, Uruguay (and Paraguay shortly after), the iTA enters provisional application. Tariff dismantling begins. EU companies gain immediate access to lower tariffs and public procurement.
3
Pending — European Parliament Consent
The iTA requires EP consent before it can be formally concluded. The ECJ legal review requested in January 2026 is ongoing. iTA remains provisionally applied during this process.
4
Future — EMPA Full Ratification
The full EMPA, which includes political dialogue, cooperation, sustainability commitments and trade, requires ratification by all 27 EU member states. Timeline: several years. Once ratified, it replaces the iTA.
Strategic Window
German companies that establish a pricing and market positioning strategy now — before competitors from non-EU countries have adjusted to the new competitive landscape — stand to gain a durable advantage in the Brazilian market. The EU-Mercosur agreement also signals Brazil's political commitment to trade openness, which reduces perceived risk for long-term investment decisions including subsidiary establishment.
At BPC Partners, we help clients navigate Brazil's regulatory, tax and customs environment — from first export to full subsidiary establishment. Our São Paulo-based team specialises in guiding European multinationals, particularly German companies, through every stage of their Brazil journey.
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