Recently, the State Post Bureau released the “Management Measures for the Packaging of Express Mail (Draft for Comment)” to solicit public opinions.

After careful discussion and research, the China Biodiversity Conservation and Green Development Foundation (CBCGDF) Legal Working Committee put forward five amendment suggestions, which were submitted to the State Post Bureau by email on July 28.

I. “Promote resource conservation and utilization, reduce environmental pollution, and protect human health” should be clearly defined as the purpose of the Measures

Although Article 1 of the "Measures" takes the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" as one of the basis for its formulation, it does not have a clear statement of environmental protection and resource conservation.

It is suggested that Article 1 of the “Measures” should be amended as follows: In order to strengthen the management of express mail packaging, ensure the quality of express mail packaging, regulate the behavior of express mail packaging, promote resource conservation and utilization, reduce environmental pollution, and protect the health of the people, maintain the legitimate rights and interests of users and the security of delivery, according to the "Postal Law of the People's Republic of China", "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste", the "Interim Regulations on Express Delivery" and other relevant regulations formulate these measures.

II. The disciplinary mechanism needs to be further refined

Article 41 of the "Measures" stipulates: "The postal administration shall strengthen the establishment of the industry's credit system, include enterprises or individuals that have seriously violated the relevant regulations on the packaging of express mail into the ‘blacklist’, improve punishment and relief measures, and strengthen credit constraints." This credit punishment mechanism is relatively general and lacks operability.

Therefore, it is recommended: First, adopt a list-style method to make a clear definition of "serious violations"; Secondly, in this definition, problematic delivery companies or individuals that do not perform environmentally friendly packaging are also included in the blacklist and publicized. For example, because of non-fulfillment of environmentally friendly packaging has been interviewed for more than two times, and there have been cases of non-fulfilment of environmentally friendly packaging more than two times in the same year's on-site inspections that have not been rectified. This can enhance the operability of the "Measures" and facilitate the implementation of green and environmentally friendly packaging.

III. Lack of quantitative assessment on the use of environmentally friendly packaging by delivery companies

Article 17 of the "Measures" stipulates in principle for non-degradable plastic products, etc.: "Sending companies shall use environmentally friendly materials to package express mails", but there is no quantitative assessment standard. It is recommended to clearly stipulate the proportion of the packaging of disposable plastic products used by the shipping company in the total packaging used, so as to facilitate the actual quantitative assessment and promote the reduction and recyclability of mail express packaging.

IV. Establish reporting channels, strengthen social supervision, and promote public participation

Article 7 of the “Measures” stipulates that “any entity or individual has the right to report illegal acts such as excessive packaging of express mail, the use of toxic and harmful packaging materials, and the illegal disposal of waste from express mail packaging causing environmental pollution," but there is no specific stipulation of the form of report acceptance.

It is recommended that the "Measures" clearly stipulate that the competent department should set up channels for receiving reports such as telephone calls, websites, and self-media platforms to facilitate strengthening social supervision and promote public participation.

V. Increase administrative penalties for toxic and hazardous substances as filling materials

Article 46 of the "Measures" stipulates: "Violation of the provisions of Article 18 of these Measures, the use of envelopes, packaging boxes, plastic packaging bags, or tapes that do not comply with national regulations, or the use of toxic and hazardous substances as filling materials, the postal administration department shall order corrections within a time limit; Failure to make corrections within the time limit shall be fined not less than 5,000 yuan but not more than 10,000 yuan. " The use of toxic and hazardous substances as packaging filling materials is fundamentally different from the use of plastic packaging bags and tapes that do not meet the requirements. The former is not only easy to cause damage to the environment, but also a great threat to public health. Therefore, the "order first, then fine" regulations are too loose and improper, and it is difficult to truly achieve the purpose of deterring and punishing offenders.

It is recommended that after Article 46 of the Measures, a separate provision should be established for the “use of toxic and hazardous substances as packaging filling materials”. Order a correction within a time limit, and impose a fine of more than 20,000 yuan. At the same time, the principle of liability for damage in the environmental protection law must be implemented, and responsibility for environmental damage must be implemented to prevent such harsh illegal packaging activities.

Original Chinese article:

http://www.cbcgdf.org/NewsShow/4854/13309.html

By / Yao Jiahui Modified / Niu Jingmei

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