The draft Regulations on Express Delivery was released by the State Post Bureau (SPB) for public consultation from Nov 16 to Dec 15. Among the provisions specified in the draft are new rules governing service providers, empress delivery services, customers’ rights and interests, safety and security requirements. Chemical industry stakeholders may be most concerned about the restrictions and prohibitions set in Article 22:
“It is prohibited to send and deliver articles which endanger the national security, undermine the social stability and harm the public interests, as well as other articles prohibited from mailing in accordance with laws, administrative regulations and national rules.
The catalogues and measures on articles prohibited or restricted from mailing shall be formulated and published by the post administration under State Council jointly with other relevant departments.”
It was not until China enhanced Hazchem safety supervision after the Tianjin disaster that many enterprises (including the express delivery service providers and chemical companies) became aware that mailing chemical samples or products may be considered a breach of China’s laws and regulations.
In 2007, SPB issued the Guideline Catalogue of Articles Prohibited from Mailing and the Handling Measures (Trial) which includes all articles that are explosive, flammable, corrosive, radioactive, highly toxic, narcotic, etc. However, the ban doesn’t spell out the detailed judging criteria.
In accordance with State Council Decree 591 enacted in 2011, “units and individuals shall not send hazardous chemicals by post, carry secretly such chemicals in mail and express post, withhold information about such chemicals, or report such chemicals as common goods for post.” (Article 64) Hazardous chemicals under Decree 591 are defined based on the GHS classification, covering a great variety of chemical products.
The reinforced ban on mailing hazardous chemicals owes much to the numerous “toxic parcel” issues in recent years. However, the total ban is particularly inconvenient for chemical companies and test institutes, and may further motivate senders to attempt sending hazardous chemicals secretly. On the other hand, the global practices have proved the hazards and risks of transporting dangerous goods packed in limited/excepted quantities can be effectively managed with adequate regulatory and supervisory input. China has modeled UN regulations when formulating its own national standards (GB 28644.1-2012 and GB 28644.2-2012) though it seems a consensus has not been reached on their implementation at national level.
The REACH24H expert team suggests the government should revise the Guideline Catalogue and the Handling Measures, develop guidance on reasonable solutions instead of the total ban, encourage information disclosure and hazard communication, and emphasize the qualification and training of service providers concerning delivery of hazardous chemicals/dangerous goods.
