9.2.4 適合性評価に関するCETA議定書

The Comprehensive Economic and Trade Agreement (‘CETA’) provides for a Protocol on the mutual acceptance of the results of conformity assessment, which aims to make it easier for the EU and Canada to export goods to each other’s market through the mutual recognition of conformity assessment certificates.

The CETA Protocol replaces an earlier Mutual Recognition Agreement between the EU and Canada on conformity assessment (324). The CETA Protocol simplifies the functioning of the former MRA by relying on accreditation, and on closer cooperation between the EU and Canada’s accreditation bodies. In this regard, the CETA Protocol introduces an important novelty by including the possibility for conformity assessment bodies to be accredited to test and certify products for the requirements of the other Party by their own national accreditation body. Hence, the Protocol introduces two pathways to facilitate the mutual recognition of conformity assessment bodies and certificates. The first and preferred way foresees that interested conformity assessment bodies shall seek accreditation directly from the accreditation body established in their territory, provided that the national accreditation body has been previously recognised as competent by the other Party. Second, in case the first option is not available, interested conformity assessment bodies may seek the relevant accreditation by the accreditation body of the other Party. To recognise a conformity assessment body as competent to test and certify products, the other Party will have to previously designate the accredited conformity assessment body and provide the necessary information. The Parties may also raise objections, challenge, and cease to recognise conformity assessment bodies of the other Party. The CETA Protocol establishes a right for Canada to access and use the European Union’s electronic notification system (NANDO) for designation purposes.

The CETA Protocol also extends the scope of cooperation of the prior MRA to the sectors, which are listed in its Annex 1. The Protocol enables the parties to further broaden its scope of application to include additional categories of goods as listed in its Annex 2, after the entry into force of CETA.

On 1 September 2021, the Commission published the Implementation Guide for the Protocol to the CETA Agreement between Canada, the European Union and its Member States regarding the mutual acceptance of the results of conformity assessment 2021/C 351/01 (325). The guide focuses on the steps that the EU and its Member States need to undertake when interested conformity assessment bodies seek recognition to carry out conformity assessment according to EU and Canadian legislative requirements for the EU and Canadian market. The guide also includes information on market surveillance and safeguards.