Süddeutsche Zeitung: “What the customs chaos in the U.S. means”
Original: Was das Zoll-Chaos in den USA bedeutet
Should the EU reopen the uS-EU trade deal?
Section 122 tariffs of 10% enter into force today. The European Parliament has gracefully postponed approval of the agreement. Meanwhile, the Commission and capitals are dragging their feet.
Two scenarios now appear plausible:
Scenario 1, US consolidation.
The legal basis shifts from IEEPA to Section 122 of the Trade Act, capping tariffs at 10 to 15%, including exemptions, and Washington finds a way to adjust MFN application in line with the EU–US framework. This might mean to renegotiate the rates all together.
Scenario 2, escalation via Section 301
Because Section 122 is time-bound , 150 days, and has an upper ceiling, the US could pivot to Section 301, unfair trade. Section 301(b) allows tariffs where a measure is deemed “unreasonable" or "discriminatory" and "burdens or restricts United States commerce.” That leaves Trump and the USTR a lot of leeway for interpretation. Given the widening divergence between US and EU agendas, Trump could attack DMA, DSA, CBAM, CISAF, or the AI Regulation.
That would mark a shift from trade negotiations to regulatory confrontation.
What should the EU do?
To Süddeutsche Zeitung Jonathan Barth, Executive Chair of the Taskforce, said: It should seriously consider reopening the deal. Because leverage has fundamentally changed:
Trump has less leeway. Under Section 122, tariffs are capped at 15%. Trumps 20 to 30% escalation rhetoric of 2025 is off the table.
Ukraine is funded by the EU now. US financing of Ukraine has been phased out. Whatever internal EU blockages remain, the structural balance between Washington and Brussels is no longer what it was when the deal was concluded.
Strategic signalling matters. Since mid-2025, tensions, from Trumps grab of Greenland to the US National Security Strategy and sidelining the EU on the Russia-Ukraine deal, have eroded trust. Reopening the agreement would signal confidence. It is something Trump respects. He would do the same.
Public legitimacy matters. in 2025, 75% believed the interests of EU citizens were poorly defended in the deal. Demonstrating that Europe can adjust when leverage shifts would strengthen domestic credibility ahead of crucial elections in 2027.
Yes, reopening carries risks.
Yes, choosing to hold the line vs. subordination can be painful.
And yet this would be the moment for EU leaders to follow up on the rhetorics of the last weeks and show Europe has matured.
To stand up for dignity and against coercion.