Implementation of CETA’s Conformity Assessment Protocol for Construction and Machinery Products Requiring Third-Party Conformity Assessment in Canadian Regulations

The Standards Council of Canada (SCC) is a crown corporation established by an Act of Parliament in 1970 to foster and promote efficient and effective voluntary standardization in Canada. As the leader of Canada’s standardization network, SCC leads and facilitates the development and use of national and international standards and accreditation services in order to enhance Canada’s competitiveness and well-being. On October 30, 2016 Canada and the European Union (EU) signed The Canada-EU Comprehensive Economic and Trade Agreement (CETA). This agreement entered into force on September 21, 2017. CETA is by far one of Canada’s most ambitious trade initiatives, and covers the trade in goods and services, non-tariff barriers, investment, government procurement, as well as other areas like labour and environment. CETA opens new markets in the EU for Canadian exporters and generates significant benefits for all Canadians. CETA contains the Protocol on the mutual acceptance of the results of conformity assessment (referred to as the Conformity Assessment or CA Protocol). The CA Protocol establishes a framework for the acceptance, by Canada and the EU, of product certifications/testing in certain product categories by recognized bodies in the other party. The goal is to reduce costs and marketing delays by allowing Canadian companies to have their products in these categories certified/tested in Canada for the EU market (and vice versa). SCC is implementing the CA Protocol on behalf of the Government of Canada and the European co-operation for Accreditation (EA) is doing the same on behalf of the EU. To that effect, SCC and EA signed a cooperation agreement in June 2016, with the goal of having CABs with a Canadian legal presence recognized to certify/test to EU requirements, with recognition underpinned by SCC accreditation, and having EU CABs recognized to certify/test to Canadian requirements, with recognition underpinned by accreditation from an EU National Accreditation Body (NAB). At this time, the CA Protocol applies only to those product categories listed in Annex 1 of the CA Protocol. A framework has been developed for the recognition of SCC and EU NABs to accredit CABs in their territory to the other party’s requirements, with the goal of implementing as many product categories in Annex 1 of CA Protocol as possible, prioritized based on stakeholder input. SCC and EA chose equipment for potentially explosive atmospheres (known as ATEX in the EU and referred to as HAZLOC in Canada) as the initial pilot product category. SCC is looking to implement the machinery and construction product categories next.