EU–Canada mutual recognition agreement (MRA)

SUMMARY OF:

Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU and EU countries

Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA)

WHAT IS THE AIM OF THE AGREEMENT AND OF THE DECISION?

The protocol mutual acceptance of conformity assessment results (a form of mutual recognition agreement — MRA *) in the Comprehensive Economic and Trade Agreement (CETA) aims to promote trade in goods between the EU and Canada by removing technical barriers.

Under this bilateral agreement that the EU approved on 28 October 2016, the EU and the Canada accept the conformity assessments* carried out by designated bodies for specified industrial products.

The decision concerns the provisional application of the CETA.

KEY POINTS

The agreement covers the following sectors:

electrical and electronic equipment, including electrical installations and appliances, and related components;
radio and telecommunications terminal equipment;
electromagnetic compatibility*;
toys;
construction products;
machinery, including parts, components and interchangeable equipment;
measuring instruments;
hot-water boilers, including related appliances;
equipment, machines, devices and prevention and detection systems for use in potentially explosive atmospheres (ATEX equipment);
outdoor noise reducing equipment;
recreational craft and their components.

The protocol:

enables EU and Canadian companies to test and certify their products in EU and Canada respectively in accordance with other party's requirements prior to export to Canada or EU;
requires the EU and Canada, within 3 years of the agreement entering into force, to consider including other product sectors in the CETA Protocol;
identifies the following priority items for possible inclusion:
- medical devices and accessories,
- pressure equipment, including vessels, piping and accessories,
- gas burning appliances,
- personal protective equipment,
- rail systems,
- onboard ship equipment;
excludes specifically certain items such as agricultural and sanitary goods;
provides for the recognition of accreditation, designation and withdrawal of conformity assessment bodies*;
authorises the EU or Canada to restrict the sale of a product approved by a designated conformity assessment body if they believe it does not meet the prescribed requirements;
calls on the EU and Canada to establish contact points to handle communication between each other;
stipulates that the Committee on Trade in Goods established by the CETA will:
- manage the protocol’s implementation,
- address any issues that may arise,
- consider possible amendments and recommendations,
- report to the CETA joint committee on the protocol’s implementation.

FROM WHEN DO THE DECISION AND THE AGREEMENT APPLY?

The decision has applied since 28 October 2016. CETA provisionally entered into force on 21 September 2017. CETA will only be able to enter into force fully and definitively when all EU countries have ratified the agreement in accordance with their respective domestic constitutional requirements.

BACKGROUND

With the provisional entry into force of the CETA, the CETA Protocol terminates the original EU-Canada MRA which was ratified in 1998.

Under Articles 207 and 218 of the Treaty on the Functioning of the European Union, the European Commission, under the authority of EU countries, negotiates international commercial agreements.

In their resolution of 21 December 1989, EU countries agreed the principle of MRAs. On 21 September 1992, they authorised the Commission to negotiate mutual recognition agreements on behalf of the EU with certain non-EU countries.

For more information, see:

Mutual Recognition Agreements (European Commission).

KEY TERMS

Mutual recognition agreement: an international agreement where 2 or more countries recognise each other’s conformity assessment results.

Conformity assessment: the procedure in which a product, before it can be marketed, is tested, inspected and certified to ensure it complies with the relevant legislation.

Electromagnetic compatibility: the interaction of electrical and electronic equipment with its electromagnetic environment, and with other equipment. All electronic devices have the potential to emit electromagnetic fields.

Conformity assessment bodies: these assess whether a product meets the relevant regulatory or legislative requirements.

MAIN DOCUMENTS

Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, pp. 23-1079)

Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, pp. 1080-1081)