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Trilateral Cooperation Charter
Between The Health Products and Food Branch, The Food and Drug Administration, and The Federal Commission for the Protection from
Sanitary Risks, Revised in 2005 This document is available in PDF format: charter_charte_e.pdf Table of ContentsTrilateral Cooperation Charter MEMBERSHIP (Participants to the Trilateral Cooperation) A. Heads of Delegation CRITERIA FOR IDENTIFYING ISSUES FOR DISCUSSION Agenda Development and Dissemination SUMMARY OF OPERATING PROCEDURES Meeting Process APPENDIX A: GOVERNANCE STRUCTURE APPENDIX B: TERMS OF REFERENCE OF THE WORKING GROUPS Trilateral Cooperation CharterPURPOSETo increase communication, collaboration, and the exchange of information among the three countries in the areas of drugs, biologics, medical devices, food safety and nutrition to protect and promote human health. MISSIONTo protect and promote public health through a trilateral forum that shares information and works collaboratively on issues of mutual interest. MEMBERSHIP (Participants to the Trilateral Cooperation)
This Charter recognizes that others may be invited to participate (based on the issues before the Trilateral Cooperation). It also recognizes that non-signatory organizations have mandates in the areas of drugs, medical devices, food safety, and nutrition (to protect and promote human health) as well as in the areas of general marketplace competition and consumer benefit 1 Health Canada and the CFIA share unique and complementary roles and responsibilities. Health Canada is responsible for food safety and nutrition policies, standards and regulations, including related labeling issues, while the CFIA is responsible for food inspection and compliance activities, as well as the development of regulations and policies related to other food labeling and compositional standards. STRATEGIC OBJECTIVESIn pursuit of this mission, members intend to actively engage in achieving the following strategic objectives:
PRINCIPLESTo achieve these objectives, the Parties to the Trilateral Cooperation should be guided by the following principles:
GOVERNANCE STRUCTUREA. Heads of DelegationThe Trilateral Heads of Delegation Team is the decision-making body of the Trilateral Cooperation. It comprises the leaders of HPFB (Assistant Deputy Minister), the FDA (Commissioner of Food and Drugs), and COFEPRIS (Federal Commissioner). The role of the Trilateral Heads of Delegation is to provide overall leadership for and direction to the Trilateral Cooperation. B. Steering CommitteeReporting to the Heads of Delegation, the Steering Committee sets the agenda for each meeting in line with the principles and strategic objectives, focusing on priorities that benefit all countries. The Committee provides leadership to the Working Groups and recommends high-level policy issues to the Heads of Delegation. As well, it identifies and discusses new and emerging issues confronting the three countries. The Steering Committee consists of an equal number of members from each country, with the selection being the responsibility of the individual countries. The Steering Committee is led by country Co-chairs who serve as liaisons to the Working Groups. Specifically, the Steering Committee
C. Working GroupsThe Trilateral Cooperation undertakes its work through Working Groups. Currently, the Trilateral Cooperation has five Working Groups:
Each country shall identify a lead representative and an alternate representative for each of the working groups. Each country will be assigned the responsibility of leading the work of specific working groups based on the following three-year rotation scheduled established by the Steering Committee in 2005:
The responsibilities of leading a working group shall include:
The designated lead country will provide secretariat services to the Working Group. These services comprise the following:
2 Continuum of compliance decision-making approaches starts from the identification of the issue to the mitigation of risks actions (including risk assessment, risk management, surveillance, voluntary compliance and enforcement). D. Country CoordinatorsEach country will identify a country coordinator to oversee the overall management of and provide support services to the Trilateral Cooperation. Specifically, the country coordinators will:
SCOPE OF WORKThe Trilateral Cooperation serves the mutual interests of all three countries and provides a forum for participants to discuss effective means for achieving its mission. Joint problem-solving techniques and consensual decision-making processes are used in reaching resolution of issues in a way that advances public health and gives consideration to the economic impact of health fraud. To avoid duplication and overlap, the Trilateral Cooperation should not deal with issues that are being discussed in other fora unless requested to do so as a means of solving a specific problem affecting the three countries or unless directed to do so by the Heads of Delegation. The Committee recognizes that the work under the Trilateral Cooperation is not a substitute for bilateral cooperation, nor does it impose obligations on its counterparts. Countries should use existing and new fora to discuss bilateral issues. CRITERIA FOR IDENTIFYING ISSUES FOR DISCUSSIONTo prioritize its discussions, the Steering Committee uses the following criteria in selecting issues for discussion. Each issue must
MEETINGSThe Steering Committee (and the Working Groups - as appropriate) should meet in the spring and fall of each year, with any additional meetings (teleconferences or videoconferences) called by the Steering Committee as required. Each country will host the meetings on a rotating basis (Canada-Mexico-US). The host country is responsible for all scheduling, logistics, and management of the meetings. The spring meeting will be devoted to reviewing progress, resolving any impediments to progress, and evaluating accomplishments. The fall meeting, which includes a meeting of the Heads of Delegation, will be devoted to a year-end review, the assessment of outcomes, the identification of new issues, and the setting of priorities for the following year. A tracking system (Action Plan) is to be developed by each Working Group to track major projects including action items, performance measurements, progress and accomplishments. The system should be updated regularly with summaries provided to the Steering Committee and the other Working Groups ahead of the spring and fall meetings. The Steering Committee expects to use these meetings to determine whether to renew its procedures and/or to make changes in any aspect of the partnership. A. Agenda Development and DisseminationMeeting agendas (subject to the Steering Committee's final approval) are developed by the host country in collaboration with the other two countries. All potential agenda items should be submitted to the country coordinators who will forward them to the host country. The host country develops a mutually agreeable agenda for the spring and fall meetings. The final agenda should be distributed to all participants at least 10 working days prior to the meeting. For issues that require the Steering Committee to make a decision, all related information must be distributed to participants no later than 10 calendar days prior to the meeting. SUMMARY OF OPERATING PROCEDURESA. Annual Meetings Process
B. Decision Making
C. Responsibilities of Members
D. Sub-committees
E. Amendments
Signed on this twenty-seventh day of February 2004, in the English, French and Spanish languages, each version being equally valid. For The Health Products and Food Branch Original signed in February 2004 Diane C. Gorman For The Food and Drug Administration Original signed in February 2004 Mark B. McClellan, M.D., Ph.D. For The Federal Commission for the Protection from Sanitary Risks Original signed in February 2004 Ernesto Enríquez Rubio APPENDIX A: GOVERNANCE STRUCTUREAPPENDIX B: TERMS OF REFERENCE OF THE WORKING GROUPSCANADA-U.S.-MEXICO COMPLIANCE INFORMATION Working Group (CUMCIG) -- TERMS OF REFERENCEPurpose The Canada-U.S.-Mexico Compliance Information Working Group (CUMCIG) will develop a trusted compliance information network resulting from building confidence between the three countries on their regulatory processes and decision-making practices3 which would inform compliance decisions in each country to protect public health. 3 Regulatory processes and decision making-practices include risk assessment, risk management and compliance approaches. Objective CUMCIG will share information and explore areas of mutual interest on the continuum of compliance decision-making approaches4 related to human drugs, and food5 to the extent compatible with the countries' respective statutory authorities. 4 Continuum of compliance decision-making approaches starts from the identification of the issue to the mitigation of risks actions (including risk assessment, risk management, surveillance, voluntary compliance and enforcement). 5 Food as defined by Codex Alimentarius. Building on the successes of the implementation of the objective in the human drugs and food commodities, CUMCIG will re-assess the potential of including other commodities, such as medical devices, in October 2005. Membership The CUMCIG Working Group shall consist of the following:
Each country shall identify a lead representative and an alternate representative to the Working Group. The leads and their alternates will be individuals with relevant expertise. Structure Each country will be assigned the responsibility of chairing CUMCIG based on a three-year rotation scheduled identified in Section 6C of the Charter. The designated lead country will chair the meetings and conference calls; report, on behalf of the Working Group, to the Trilateral Steering Committee; and provide secretariat services to the Working Group (refer to Section 6C of the Charter). Issues requiring follow-up may be delegated to ad hoc groups. Individual participants brief their respective organizations on the discussions and action items resulting from the CUMCIG meeting. Decisional Process Decisions shall be based upon consensus rather than majority vote. Meetings Schedule The Working Group shall conduct its business on a continual basis and shall meet in person two times a year at the Trilateral meetings as stipulated in Section 9 of the Charter and conduct regular business via e-mails, conference calls or video-teleconference as often as the Working Groups deems necessary to meet its objectives. Operating Principles The CUMCIG Working Group's activity will be based on the following principles:
Language The meetings and teleconferences shall take place in English and Spanish pertaining to the ensemble of the Working Group membership. French interpretation will be available when required. The host country shall be responsible for ensuring simultaneous interpretation as may be necessary. With respect to press releases, communiqués, and other such materials, each member country shall be responsible for ensuring appropriate translation for dissemination within their own national boundaries, obtaining necessary approvals and/or clearances within mutually agreeable time frames. EMERGENCY PREPAREDNESS AND RESPONSE ( EPR) Working Group -- TERMS OF REFERENCEPurpose The purpose of Emergency Preparedness and Response (EPR) Working Group is to enhance the ability to respond to emergencies related to foods, drugs, medical devices, biologics and veterinary products that may affect more than one participating country. Objectives To the extent compatible with their respective statutory and regulatory authorities, policies and other priorities, each member country shall:
Membership The EPR workgroup shall consist of the following:
Each country shall identify a lead representative and an alternate representative to the Working Group. Structure Each country will be assigned the responsibility of chairing the Working Group based on a three-year rotation scheduled identified in Section 6C of the Charter. The designated lead country will chair the meetings and conference calls; report, on behalf of the Working Group, to the Trilateral Steering Committee; and provide secretariat services to the Working Group (refer to Section 6C of the Charter). Issues requiring follow-up may be delegated to ad hoc groups. Decisional Process Decisions shall be based upon consensus rather than majority vote. Meetings Schedule The Working Group shall conduct its business on a continual basis and shall meet in person two times a year at the Trilateral meetings as stipulated in the Section 9 of the Charter and conduct regular business via e-mails, conference calls or video-teleconference as often as the Working Groups deems necessary to meet its objectives. Operating Principles The working group's activities will be based on the following principles:
The Working Group will develop and maintain a yearly plan of activities that will address issues such as a contact list, testing of notification systems, exercise planning and continuous improvement of emergency response procedures. Language The meetings and teleconferences shall take place in English and Spanish pertaining to the ensemble of the Working Group membership. French interpretation will be available when required. The host country shall be responsible for ensuring simultaneous interpretation as may be necessary. With respect to press releases, communiqués, and other such materials, each member country shall be responsible for ensuring appropriate translation for dissemination within their own national boundaries, obtaining necessary approvals and/or clearances within mutually agreeable time frames. LABORATORY COOPERATION Working Group -- TERMS OF REFERENCEPurpose The purpose of the Laboratory Cooperation Working Group (LCG) is to build a trusted analytical laboratory network among the three countries through building confidence in the work of the laboratories to assist each other, especially in times of emergency. The LCG is also to work closely with and provide support to CUMCIG and MUCH, in their investigations of fraudulent products, counterfeit or unsafe drugs, and shortages of legitimate drugs. Objectives To the extent compatible with their respective statutory and regulatory authorities, policies and priorities, each member country shall
Membership The LCG shall consist of the following:
Each country shall identify a lead representative and an alternate representative to the Working Group. Structure Each country will be assigned the responsibility of chairing the Working Group based on a three-year rotation scheduled identified in Section 6C of the Charter. The designated lead country will chair the meetings and conference calls; report, on behalf of the Working Group, to the Trilateral Steering Committee; and provide secretariat services to the Working Group (refer to Section 6C of the Charter). Issues requiring follow-up may be delegated to ad hoc groups. Decision Process Decisions shall be based upon consensus rather than majority vote. Meetings Schedule The Working Group shall conduct its business on a continual basis and shall meet in person two times a year at the Trilateral meetings as stipulated in the Section 9 of the Charter and conduct regular business via e-mails, conference calls or video-teleconference as often as the Working Group deems necessary to meet its objectives. Operating Principles The Working Group's activity will be based on the following principles:
Language The meetings and teleconferences shall take place in English and Spanish pertaining to the ensemble of the Working Group membership. French interpretation will be available when required. The host country shall be responsible for ensuring simultaneous interpretation as may be necessary. With respect to press releases, communiqués, and other such materials, each member country shall be responsible for ensuring appropriate translation for dissemination within their own national boundaries, obtaining necessary approvals and/or clearances within mutually agreeable time frames. MUCH Working Group -- TERMS OF REFERENCEPurpose To consolidate and maintain a formal framework for trilateral cooperation in combating health fraud, so as to protect and promulgate the health and economic well being of citizens of all three nations and to identify appropriate lines of communication to ensure a continual exchange of information on compliance and enforcement activities among the three countries. Health Fraud Definition For the purposes of this Working Group, health fraud may include the following: The false, deceptive, or misleading promotion, advertisement, distribution, sale, possession for sale, or offering for sale of products or provision of services, intended for human use, that are represented as being safe and/or effective to diagnose, prevent, cure, treat, or mitigate disease (or other conditions), to rehabilitate patients or to provide a beneficial effect on health.Objective To the extent compatible with their laws, enforcement policies, and other important interests, each member country shall
Membership The MUCH Working Group shall consist of the following:
Each country shall identify a lead representative and an alternate representative to the Working Group. These three leads and their alternates shall be individuals with responsibility for implementing or recommending policy changes within their organizations. Structure Each country will be assigned the responsibility of chairing the Working Group based on a three-year rotation scheduled identified in Section 6C of the Charter. The designated lead country will chair the meetings and conference calls; report, on behalf of the Working Group, to the Trilateral Steering Committee; and provide secretariat services to the Working Group (refer to Section 6C of the Charter). Ad hoc committees shall be created or disbanded according to Working Group needs. Ad hoc committee members are to be drawn from the Working Group membership, although Decisional Process Decisions shall be based upon consensus rather than majority vote. Meetings Schedule The Working Group shall conduct its business on a continual basis and shall meet in person two times a year at the Trilateral meetings as stipulated in the Section 9 of the Charter and conduct regular business via e-mails, conference calls or video-teleconference as often as the Working Groups deems necessary to meet its objectives. Language The meetings and teleconferences shall take place in English and Spanish pertaining to the ensemble of the Working Group membership. French interpretation will be available when required. The host country shall be responsible for ensuring simultaneous interpretation as may be necessary. With respect to press releases, communiqués, and other such materials, each member country shall be responsible for ensuring appropriate translation for dissemination within their own national boundaries, obtaining necessary approvals and/or clearances within mutually agreeable time frames. TRAINING Working Group -- TERMS OF REFERENCEPurpose To share existing and future information, to establish a communication strategy between the Training Working Group and the other Working Groups and to assist the Trilateral leadership in identifying training needs of common interest for the three countries of staff who will be engaged in activities related to initiatives of the Trilateral Cooperation. Objectives
Membership The Training Working Group shall consist of the following:
Each country shall identify a lead representative and an alternate representative to the Working Group. Structure Each country will be assigned the responsibility of chairing the Working Group based on a three-year rotation scheduled identified in the Section 6C of the Charter. The designated lead country will chair the meetings and conference calls; report, on behalf of the Working Group, to the Trilateral Steering Committee; and provide secretariat services to the Working Group (refer to Section 6C of the Charter). Issues requiring follow-up may be delegated to ad hoc groups. Decisional Process Decisions shall be based upon consensus rather than majority vote. Meetings Schedule The Working Group shall conduct its business on a continual basis and shall meet in person two times a year at the Trilateral meetings as stipulated in the Section 9 of the Charter and conduct regular business via e-mails, conference calls or video-teleconference as often as the Working Groups deems necessary to meet its objectives. Operating Procedures
Language The meetings and teleconferences shall take place in English and Spanish pertaining to the ensemble of the Working Group membership. French interpretation will be available when required. The host country shall be responsible for ensuring simultaneous interpretation as may be necessary. With respect to press releases, communiqués, and other such materials, each member country shall be responsible for ensuring appropriate translation for dissemination within their own national boundaries, obtaining necessary approvals and/or clearances within mutually agreeable time frames. |
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