Considerations on COM(2022)343 - EU position in the Joint Committee under CETA as regards the agreement on the mutual recognition of professional qualifications for architects

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(1) Council Decision (EU) 2017/37 3 provides for the signing on behalf of the European Union 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 (‘the Agreement’). The Agreement was signed on 30 October 2016.

(2) Council Decision (EU) 2017/38 4 provides for the provisional application of parts of the Agreement, including the establishment of the Joint Committee on Mutual Recognition of Professional Qualifications (MRA Committee). The Agreement has been provisionally applied since 21 September 2017.

(3) On 22 May 2018, the Canadian Architectural Licensing Authorities (CALA, now ROAC) and the Architects Council of Europe (ACE) submitted a Joint Recommendation to the MRA Committee. At its meeting of 16 April 2019, the MRA Committee agreed that the requirements of Chapter 11 of CETA, are met and the documents provided by CALA and ACE constitute an acceptable Joint Recommendation for a Mutual Recognition Agreement (MRA), in particular as far as its potential value and the compatibility of the licensing or qualification regimes of the Parties are concerned.

(4) At its meeting of 24 November 2020, the MRA Committee established the negotiating entities and established the steps to negotiate an MRA. A series of nine negotiations rounds were held between 24 March 2021 and 10 March 2022.

(5) The draft MRA negotiated between the Union and Canada provides for the mutual recognition of professional qualifications under specific and strict conditions. With regard to the recognition of Canadian professional qualifications, the draft MRA requires (i) a minimum of 12 years of education, training and professional experience as an architect, (ii) a valid professional licence or registration as an architect from a competent authority in Canada and (iii) being of good standing. The requirement to obtain a valid professional licence or registration as an architect implies completion of studies in conformity with the Canadian Education Standard and the Canadian Architects Certification Board (CACB) accreditation system. Assessment of the conditions on which a registration or licence is obtained formed the basis for the conclusion in the Joint Recommendation to recognise that standards of education and practical training of architects in Canada were acceptable.

(6) The MRA Committee is to adopt a decision on an MRA.

(7) It is appropriate to establish the position to be taken on the Union's behalf in the MRA Committee, as the MRA will be binding on the Union.

(8) The MRA sets out rules according to which the professional qualifications of architects can be recognised and access be given to professional architectural activities in both Parties and therefore facilitates trade in architectural services.