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29 January 2026

India – EU Free Trade Agreement: Shaping One Of The 21st Century's Most Powerful Economic Alliances

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King, Stubb & Kasiva

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After nearly two decades of negotiations, India and the European Union have formally entered a new phase in their economic partnership.
India International Law
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After nearly two decades of negotiations, India and the European Union have formally entered a new phase in their economic partnership. The formal conclusion of negotiations for the India-European Union ("EU") Free Trade Agreement ("FTA") on 27th January 2026 marks one of the most significant trade developments in India's modern history. More than a conventional free trade arrangement, the FTA establishes a comprehensive legal and economic framework that will govern the flow of goods, services, capital, data, and talent between two of the world's largest economies. Currently being described as the "mother of all trade deals," the FTA brings together the world's fourth-largest economy (India) and the second-largest (EU) into a single economic arrangement that forms a combined economic space representing nearly one-quarter of global GDP and a consumer market valued at over USD 24 trillion.

Against this backdrop, this Article seeks to analyse the key provisions of the FTA and aims to assess how its core commitments are likely to reshape the market access, regulatory frameworks, and cross-border business operations in both jurisdictions.

Introduction

The global trading system today is different from the environment that existed when India and the EU began negotiations in 2007. Over the past two decades, supply chains have been repeatedly affected by geopolitical tensions, pandemics, and regional conflicts, exposing vulnerabilities in highly concentrated production networks. The FTA, therefore, is not merely commercial; it is geopolitical as it strengthens the economic interdependence between the two democratic blocs and creates a counterweight to an increasingly fragmented global trading system.

The agreement reflects years of sustained political engagement, negotiation, and a careful balancing of diverse economic and regulatory interests on both sides. It also rests on a shared understanding that global trade is undergoing structural changes and is being reshaped in fundamental ways. Supply chains are no longer organised solely around cost efficiency, but increasingly around resilience and diversification. Environmental and sustainability standards are becoming central determinants of market access. At the same time, digital technologies are transforming how goods, services, and data move across borders.

The India-EU FTA enables both parties to address these shifts through a coordinated and rules-based framework, rather than through fragmented or unilateral measures. The agreement, therefore, goes far beyond reducing tariffs. It carries meaningful legal, commercial, and strategic implications, influencing how businesses structure investments, design supply chains, manage regulatory compliance, and plan long-term growth across the Indian and European markets.

For the EU, India offers:

  • A large and growing consumer base.
  • A competitive manufacturing ecosystem.
  • A politically stable and democratic partner aligned with multilateralism.

For India, the EU represents:

  • One of the most sophisticated consumer markets in the world.
  • A source of advanced technology, capital, and high-quality investment.
  • A regulatory environment that, once navigated, becomes a global benchmark.

Market Access & Tariff Liberalisation

At the core of the India–EU FTA lies an ambitious exchange of market access commitments. The European Union has agreed to grant preferential access to approximately 97% of its tariff lines, covering close to 99.5% of India's export value. From an Indian perspective, this represents one of the most comprehensive levels of access ever secured in a major developed market and places Indian exporters on a broadly comparable footing with suppliers from jurisdictions that already benefit from deep EU preferences.

Similarly, labour-intensive sectors stand to gain significantly. Immediate duty-free access for textiles and apparel addresses a long-standing competitive disadvantage faced by Indian manufacturers and countries such as Bangladesh and Vietnam. Over time, this is expected to support expansion of garment manufacturing capacity, generate formal employment, particularly for women, and encourage investment in man-made fibres and technical textiles. Similar benefits are anticipated for leather, footwear, and marine products, where tariff elimination directly improves price competitiveness in EU markets. Given that these industries are spread across multiple regions in India, the benefits are likely to be widely distributed rather than limited to a few industrial hubs.

Higher-value sectors such as chemicals, gems and jewellery, and medical devices will equally benefit from almost complete tariff elimination. At the same time, India has safeguarded policy discretion by excluding or limiting liberalisation in certain sensitive agricultural categories, reflecting a continued emphasis on protecting rural livelihoods and food security.

Furthermore, India's own tariff commitments are equally significant. India has agreed to liberalise more than 92% of tariff lines, covering approximately 97.5% of EU export value, which marks the deepest tariff reduction that India has undertaken in any free trade agreement to date. This marks an important shift in India's trade policy, signalling a greater degree of confidence in the ability of the domestic industry to compete, while also recognising the importance of access to high-quality inputs and advanced technologies.

The reduction of tariffs on premium automobiles, from levels as high as 110% to substantially lower rates under specified quotas, further reflects the thoughtful structuring of the agreement that seeks to balance consumer access to advanced, safer, and cleaner vehicles with the need to enable domestic manufacturers to participate in more advanced stages of production. This is also likely to complement India's broader transition towards electric and hybrid mobility, where European manufacturers possess considerable technological expertise.

Rules of Origin, Customs Facilitation, and Regulatory Cooperation

Preferential tariffs are only effective when it is clear which goods truly qualify for them. To provide this clarity, the India–EU FTA establishes a comprehensive Rules of Origin (ROO) framework, requiring that goods either meet a minimum threshold of value addition or undergo a substantial transformation. This approach ensures that the benefits of the agreement reach genuine producers in both India and the EU. The documentation of origin follows current standards and relies on self-certification by businesses, making it easier for small and medium-sized enterprises to benefit from the tariff reductions. The Proof of origin will be provided in the form of a separate statement, which exporters must upload on the portal, allowing the customs authorities of the importing country to verify the authenticity of these statements.

Further, the chapter on Customs and Trade Facilitation includes provisions on transparency, advance rulings, simplified procedures, and expedited release of goods, while preserving the ability of customs authorities to address risk and ensure compliance. Together with chapters on technical barriers to trade and sanitary and phytosanitary measures (provisions on animal and plant health), the FTA is designed to ease regulatory barriers while upholding vital health, safety, and quality requirements.

Services, Mobility, and the Digital Economy

Services liberalisation represents a central pillar of the agreement. India secures access across a wide range of EU service sub-sectors, including information technology, engineering, business and professional services, and education. At the same time, India opens significant segments of its services market, such as financial services, telecommunications, logistics, and professional services, to the European providers. This two-way opening reflects a shared recognition that contemporary trade is increasingly driven by knowledge, expertise, and digital delivery.

Mobility provisions further reinforce these gains by establishing structured pathways for Intra-Corporate Transferees (ICT) and Business Visitors, along with entry and working rights for dependents and family members of ICTs. The EU has also offered commitments in 37 sectors/sub-sectors for Contractual Service Suppliers (CSS) and 17 sectors/sub-sectors for Independent Professionals (IP), many of which are sectors of interest to India, including Professional Services, Computer and related Services, Research and Development Services, and Education Services. Most particularly, the roadmap toward future Social Security Agreements is expected to improve the commercial viability of cross-border deployments.

Furthermore, Digital trade provisions acknowledge data as a critical factor of production. Commitments relating to cross-border data flows, consumer protection, and cooperation on digital economy issues aim to create a suitable environment for digital businesses, while preserving each party's right to regulate in areas such as privacy and security.

Intellectual Property

On intellectual property, the FTA strengthens protection and enforcement in line with international standards. It reinforces intellectual property protections provided under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) relating to copyright, trademarks, designs, trade secrets, plant varieties, enforcement of IPRs, affirms the Doha Declaration, and recognises the importance of digital libraries, specifically the Traditional Knowledge Digital Library (TKDL) project initiated by India.

Trade, Environment, and Climate:

The agreement also reflects the importance of sustainability in international trade. This is particularly relevant in light of measures such as the EU's Carbon Border Adjustment Mechanism (CBAM). Through CBAM provisions, commitments have been secured, including a forward-looking most favoured nation assurance extending flexibilities if any granted to third countries under the regulation, enhanced technical cooperation on recognition of carbon prices, recognition of verifiers, as well as financial assistance and targeted support to reduce greenhouse gas emissions and comply with emerging carbon requirements.

Both parties pledge to implement the Multilateral Environmental Agreements (MEAs) that they have ratified, including the Paris Agreement, the Convention on Biological Diversity, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

The FTA further promotes joint action on climate change, supporting initiatives such as renewable energy development, emission reduction in the maritime sector, and sustainable management of natural resources, including forests and marine ecosystems.

On the social front, the FTA reinforces core International Labour Organization (ILO) principles, covering freedom of association, the right to collective bargaining, elimination of forced and child labour, non-discrimination, and the promotion of safe and healthy working conditions. It also advances gender equality and women's economic empowerment, encouraging cooperation in international fora to strengthen these objectives.

Dispute Settlement and Institutional Provisions

The provisions pertaining to Dispute Settlement under the FTA set up an efficient and effective mechanism for avoiding and settling any dispute concerning the agreement and include the following elements:

  • independent panels agreed by both Parties, with the use of pre-established rosters if the Parties do not agree on panel composition
  • binding panel reports, which can be enforced through suspension of concessions in case of non-compliance
  • full transparency of procedures and open hearings
  • the option of mediation.

Furthermore, the chapter on institutional provisions establishes the governance framework for the agreement, including the Joint Committee, various Specialized Committees, and their respective roles and decision-making responsibilities. These bodies provide a structured, government-to-government platform to oversee and guide the implementation of the FTA. The chapter also outlines mechanisms for stakeholder participation and domestic consultations, ensuring that civil society has formal channels to engage in the agreement's execution. Additionally, a dedicated Rapid Reaction Mechanism has been introduced to promptly address issues that could disrupt bilateral trade, with the option to escalate matters to senior levels to achieve mutually agreed solutions.

Conclusion

The India-EU FTA represents far more than a conventional trade deal; it is a long-term, structural transformation that brings together commerce, regulation, and strategic partnership between two of the world's largest economies. For India, the FTA will lead to an integration into the global value chains, strengthen its industrial and services sectors, and consolidate its position as a strong player in shaping international trade norms. For the EU, it aims to secure a key position in the Indo-Pacific relations, providing access to a dynamic and growing market while reinforcing broader strategic objectives of diversifying partnerships and supporting a stable, rules-based global economic order.

The FTA also signals a deeper evolution in India's role on the global stage- from a participant that primarily adapts to existing trade rules to one that actively shapes them. From a commercial perspective, the agreement offers significant opportunities for businesses on both sides. Indian service providers gain enhanced legal certainty and improved access to one of the world's most sophisticated markets, while European firms can expand their footprint in India's rapidly growing and diversifying economy. Beyond tariffs, the FTA's commitments on regulatory cooperation, sustainability, digital trade, and labour standards set the stage for deeper integration and mutually beneficial growth.

The India-EU FTA therefore stands as a landmark in global trade, and it demonstrates how carefully structured, rules-based partnerships based on mutual trust and shared values can generate long-term economic value while influencing the direction of global trade and investment for years to come.

References:

  1. Press Release: Press Information Bureau, "India–EU Free Trade Agreement Concluded: A Strategic Breakthrough in India's Global Trade Engagement", dated 27th January 2026 [ https://www.pib.gov.in/PressReleasePage.aspx?PRID=2219065®=3&lang=1 ]
  2. EU Commission, " MEMO: EU-INDIA Free Trade Agreement Chapter by Chapter Summary" [ https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/countries-and-regions/india/eu-india-agreements/memo-eu-india-free-trade-agreement-chapter-chapter-summary_en#section21 ]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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