Upon our serial coverage of batches of hazardous chemicals being intercepted at some Chinese Customs, we have received a number of inquires for China’s regulation on shipping dangerous goods (inclusive of imported products containing hazardous chemicals) from importers engaged in dangerous goods. In order to help them gain a brief and elementary knowledge of this issue, our GHS and HC team has prepared the following article.
Current important laws and regulations on waterway transport of dangerous goods in China include Maritime Traffic Safety Law of the People’s Republic of China, the Regulations on the Control over Safety of Hazardous Chemicals and the Waterway Transport Code for Dangerous Goods, etc, which are adopted to supervise waterway transport together with other technical standards for dangerous goods transport.
Maritime Traffic Safety Law of the People’s Republic of China
The Maritime Traffic Safety Law was adopted at the Second Session of the Standing Committee Meeting of the Sixth National People's Congress, promulgated by Order No.7 of the President of the People's Republic of China on September 2, 1983, and in effect as of January 1, 1984. It contains twelve chapters and fifty-three articles; its Chapter VI focuses on the control and supervision of dangerous goods waterway transport.
Regulations on the Control over Safety of Hazardous Chemicals (Decree No.591)
The Regulations on the Control over Safety of Hazardous Chemicals of China was adopted at the 144th standing meeting of the State Council on February 16, 2011 and entered subsequently into force on December 1, 2011. At present, it is the supreme law on the administration of dangerous goods, explicitly stipulating the responsibilities and obligations of the enterprises and the violation penalties. Decree No.591 is deemed as a general provision for the transport of dangerous goods, under which there are other supporting administrative laws and regulations related to specific practice of dangerous goods on land and (inland) water transport.
Waterway Transport Code for Dangerous Goods (WTCDG)
Besides the two above laws, the Waterway Transport Code for Dangerous Goods (WTCDG) was formulated in particular to regulate domestic waterway transport of dangerous goods. This regulation, published by the Ministry of Transport in 1996, has borrowed important principles established in some well-known international laws and conventions, including the Marine Environment Protection Law of The People’s Republic of China, Amendments to the International Convention for The Safety of Life at Sea, 1974, and the International Maritime Dangerous Goods Code (IMDG Code) and so on. Briefly, dangerous goods shipping concerned with international navigation must comply with the IMDG Code, while in domestic cases China’s WTCDG should prevail.
Basic content of WTCDG
Based roughly on IMDG Code, China’s WTCDG is composed of four parts: body, annex, format and appendix.
The Body contains 8 chapters and 73 articles: general provisions; packages and marks; consignment for the shipper; consignment for the carrier; loading and unloading; storage and delivery; fire and leakage processing; supplementary provisions.
7 Annexes: list of introductions and details (breakdowns) of all dangerous goods (thick volume); shipping marks; packaging models, methods, specifications and performance tests; stowage and segregation; portable tanks; goods suitable for intermediate bulk containers and relevant requirements; and the dangerous goods priority table.
7 Documents: dangerous goods transport statement; radioactive materials transport statement; inspection certificate of dangerous goods package; inspection certificate of radiation level of radioactive materials packaging; container packing certificate; dangerous goods identification table; inspection certificate of empty container of radioactive materials.
2 Appendixes: emergence response procedures for ships carrying dangerous goods; medical first aid guide for use in accidents involving dangerous goods (reference to international standards).
Classification of dangerous goods defined in WTCDG
The classification of dangerous goods defined in WTCDG is based on GB 6944 (Classification and Code of Dangerous Goods), GB 12268 (Dangerous Goods List) and other relevant national standards. It classifies dangerous goods into 9 classes, which is almost consistent with IMDG Code. Detailed information is available in Annex I of WTCDG: the list of introductions and details of all dangerous goods (similar to the Dangerous Goods List of IMDG Code).
Depending on the dangerous severity, all the 9 classes are incorporated into two levels: Level 1 and Level 2. Level 1 dangerous goods refer to Class 1 (Explosives), Class 2 (Compressed gases and liquefied gases), Class 5.2 (Organic peroxides), Class 6.2 (Infectious substances) and Class 7 (Radioactive materials). It is worth noting that China’s WTCDG used to apply a domestic CN number set beneath China’s own classification system for dangerous goods, instead of using the United Nations Transport Number called UN number. However, according to GB 12268, after 1 November 2007, CN number is no longer in use and the domestic dangerous goods transportation has uniformly adopted the UN number.
Class 1: Explosive | Division1.1：Substances and articles which have a mass explosion hazard Division1.2：Substances and articles which have a project hazard but not a mass explosion hazard Division1.3：Substances and articles which have a fire hazard and either a minor blast hazard or minor projection hazard or both, but not a mass explosion hazard Division1.4：Substances and articles which present no significant hazard Division1.5：Very insensitive substances which have a mass explosion hazard Division1.6：Extremely insensitive articles which do not have a mass explosion hazard |
Class 2: Gases | Division2.1：Flammable gases |
Class 3: Flammable liquids | |
Class 4: Flammable solids; substances liable to spontaneous combustion; substances which in contact with water, emit flammable gases | Division4.1：Flammable solids; self-reactive substances and desensitized explosives Division4.2：Substances liable to spontaneous combustion Division4.3：Substances which in contact with water, emit flammable gases |
Class 5: Oxidizing substances and organic peroxides | Division5.1：Oxidizing substances |
Class 6: Toxic and infectious substances | Division6.1：Toxic substances |
Class 7: Radioactive materials | |
Class 8: Corrosive substances | |
Class 9: Miscellaneous dangerous substances and articles | |
In short, as the WTCDG was released early and there were no regular updates to keep it up-to-update with the requirements of the United Nations, it is recommended that industry pay more attention to IMDG Code and China’s later issued transport-related GB standards, which shall be illustrated in the following part.
Domestic technical standards for the transport of dangerous goods
Classification and Code of Dangerous Goods (GB 6944-2005)
This standard stipulates the classification and code of dangerous goods.
The standard is applicable to transport, storage, operation, use and disposal of dangerous goods.
It was enacted in 2005 and came into force on 1 November 2005, replacing the 1986 edition. Its classification method is almost the same with Recommendations on the transport of Dangerous Goods- Model Regulations issued by United Nations.
Dangerous Goods List (GB 12268-2005)
This standard specifies general rules and structures of a dangerous goods list as well as codes, names, introductions, English names, categories and sub-divisions, secondary hazard properties and packing categories of dangerous goods.
The standard is applicable to transport, storage, operation, use and disposal of dangerous goods.
It was jointly published by China’s General Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) and Standardization Administration of China in 2005 and came into effect on 1 November 2005 to replace the 1990 edition. Since its content is kept in compliance with the 13th revised edition of UN Model Regulations, partial discrepancies are demonstrated on the part of the Dangerous Goods List against the latest IMDG Code (35th edition, 2010). For example, GB 12268-2005 does not have some latest UN numbers released in IMDG Code.
Dangerous Goods Packing Marks (GB190-2009)
This standard stipulates the classification graphics, size, color and usage of dangerous goods packing marks.
The standard is applicable to transport packing of dangerous goods.
It was enacted on 21 June 2009 and has come into force on 1 May 2010 to replace the 1990 edition. The content is in compliance with the 15th edition of UN Model Regulations.
Marine Pollution Dangerous Goods List
All substances covered by the list can cause marine pollution and discharge marine pollutants. The latest edition was published in 2011, containing 2812 substances. Since January 1, 2010, all marine pollutants imported or exported should bear marine pollutants marks.
