Memorandum of Understanding between the Department of Health of the Government of Canada and the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China

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The Department of Health of the Government of Canada (HC) and the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (AQSIQ), hereinafter referred to as the "Participants",

Recognizing that HC is the Federal department responsible for helping Canadians maintain and improve their health and establishing the Consumer Product Safety Bureau, which is in charge of carrying out enforcement, research, evaluation and cooperation concerning the health risk and safety of consumer products in accordance with the laws and regulations of Canada.

Recognizing that AQSIQ is the governmental agency responsible for the supervision and administration of China's import and export commodity inspection, quarantine, certification, and standardization, and is in charge of enforcing the supervision and administration of China's import export commodity inspection in accordance with the laws and regulations of China and international common practice;

With a view of cooperating to protect consumers' safety and health, have reached the following understanding:

Common Objectives

1. To protect the safety and health of the consumer reasonably and effectively;
2. To enhance the understanding and cooperation of Participants;
3. To establish a smooth liaison channel and form an effective mechanism of communication, coordination and resolution for the Participants;
4. To form a laboratory and inspection recognition working mechanism; and
5. To conduct urgent consultation on significant safety events related to consumer products.

Designated Cooperative Action

1. Scope of Consumer Products

1. The MOU will cover the consumer products listed in Annex 1 (Catalogue of Consumer Products). A Participant may expand the scope of consumer products, by notifying the other Participant in writing of its intent. The scope of consumer products may then be adjusted through consultation and by mutual consent.
2. The coverage to other categories of products may be determined by mutual consent of the Participants.

2. Information Exchange Mechanism

1. In order to strengthen information exchange and communication, annual meetings of the working groups, and urgent consultation meetings on significant safety events may be held.
2. Each Participant will designate a contact person (see annex 2) for smooth and effective information exchange.
3. The Participants will exchange information when one Participant finds that the consumer products imported from the country of the other Participant have safety problems.
4. The Participants will exchange information on the statutes and changes to safety standards, technical regulations and conformity assessment procedures.

3. Laboratory and Inspection Recognition Mechanism

A Laboratory and Inspection Recognition Working Mechanism will be established, in accordance with the laws and regulations governing the respective Participants. It will allow inspection and laboratory reports from one Participant to be used by the other to help determine the conformity of consumer products to the requirements of their jurisdiction. The Laboratory and Inspection Recognition Working Mechanism will be decided upon by mutual consent.

4. Working Groups

1. The Participants will set up working groups in the field of consumer products of mutual concern, which will be formed by the personnel of the government bodies and interested parties of both countries.
2. The meeting of the working groups will be held annually, hosted alternately by the Participants. The date and location of the meetings will be discussed and accepted by the designated contacts of the Participants.
3. When emergencies concerning significant safety and public health matters emerge, an additional meeting of the applicable working group may be convened upon request of one Participant.
4. The working groups will study and discuss the issues of mutual concern in the corresponding fields, and solve any differences and problems arising in the relevant field.
5. At the initial stage, the working groups will be set up according to the product categories covered by the Catalogue of Consumer Products. If one Participant intends to add a new working group, it will notify the other Participant promptly, and the adjustment will be made by mutual consent.

5. Urgent Consultation Mechanism

The Participants have determined that an urgent consultation mechanism should be established to respond to events threatening public safety and/or health which are caused by exported consumer products. The Participants intend to propose appropriate solutions. The urgent consultation mechanism will be decided upon by mutual agreement.

6. Technical Cooperation

The Participants have decided to support, develop, and continuously strengthen technical cooperation and communication in the field of consumer products. Intending to take advantage of each other's technical resources, the Participants have decided that one Participant, upon the request of the other, will provide the other Participant with reasonable and necessary resources to support the implementation of technical cooperation and communication on consumer products. The support includes but is not limited to providing technical research, academic communication, personnel training, etc. The expense will be borne by the requesting Participant.

7. Training and Cooperation

The Participants acknowledge the necessity to hold training for laboratory and inspection personnel, and exchange administrative personnel with each other in order to implement an Action Plan. The Participants have decided that, when necessary, one Participant may send two persons engaged in laboratory, inspection, and/or administration to the laboratory and/or institution of the other Participant to attend training and/or work. The expenses will be borne by the sending Participant.

8. Funding

Any and all activities under the Action Plan will be subject to the needs of both Participants based on mutual consent. The Participants understand that any and all activities under this Action Plan will be subject to the availability of funds and resources and the laws governing the respective Participants.

9. Confidentiality

The Participants will comply with domestic laws and regulations applicable to them when collecting or receiving confidential information, including information relating to the privacy of individuals, trade secrets or other information of a confidential nature, and intend not to divulge or release information received from the other Participant to a third party, including other governmental departments without the express consent of the person or Participant involved.

Final Paragraphs

1. Differences of interpretation and application

Any differences, including with regard to costs, will be resolved through consultations between the Participants. Both Participants will use reasonable efforts to reach an amicable negotiated settlement of any dispute concerning the interpretation or operation of this MOU.

2. Amendments

This MOU may be amended with the approval in writing of the Participants.

3. Effective date

This MOU will take effect on the date of its signature by both Participants and will continue for a period of three years. Thereafter, it will be automatically renewed under the same provisions, unless one Participant notifies the other in writing with thirty days advance notice of its intention to end the MOU.

Signed in duplicate, in Beijing on this twenty-seventh day of November, 2007, in the English, Chinese, and French languages, each version being of equal validity.