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Par Pasaules Pasta konvenciju un tās Noslēguma protokolu
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Saeima ir pieņēmusi un Valsts
prezidents izsludina šādu likumu:
Par Pasaules Pasta konvenciju un
tās Noslēguma protokolu
1. pants. 2021. gada 26. augustā parakstītā Pasaules
Pasta konvencija (turpmāk - Konvencija) un Konvencijas Noslēguma
protokols (turpmāk - Noslēguma protokols) ar šo likumu tiek
pieņemti un apstiprināti.
2. pants. Konvencijā un Noslēguma protokolā paredzēto
saistību izpildi koordinē Satiksmes ministrija.
3. pants. Konvencija un Noslēguma protokols stājas
spēkā Konvencijas 41. pantā noteiktajā laikā, un Ārlietu
ministrija par to paziņo oficiālajā izdevumā "Latvijas
Vēstnesis". Līdz ar likumu izsludināma Konvencija un
Noslēguma protokols angļu valodā un to tulkojums latviešu
valodā.
4. pants. Ar šā likuma spēkā stāšanos spēku zaudē
likums "Par 2016. gada Pasaules Pasta konvenciju"
(Latvijas Vēstnesis, 2018, 210. nr.), likums "Par Pasaules
Pasta konvencijas Papildprotokolu" (Latvijas Vēstnesis,
2019, 191. nr.) un likums "Par Pasaules Pasta konvencijas
Otro papildprotokolu" (Latvijas Vēstnesis, 2020, 223.
nr.).
Likums Saeimā pieņemts 2022. gada 15. septembrī.
Valsts prezidents E. Levits
Rīgā 2022. gada 27. septembrī
Universal Postal Convention
Table of contents
Article
Section I
Rules applicable in common throughout the international postal
service
1 Definitions
2 Designation of the entity or entities responsible for
fulfilling the obligations arising from adherence to the
Convention
3 Universal postal service
4 Freedom of transit
5 Ownership of postal items. Withdrawal from the post.
Alteration or correction of address and/or name of the addressee
(name of the legal person, or family name, given name or
patronymic (if any)). Redirection. Return to sender of
undeliverable items
6 Postage stamps
7 Sustainable development
8 Postal security
9 Violations
10 Processing of personal data
11 Exchange of closed mails with military units
12 Posting abroad of letter-post items
13 Use of UPU forms
Section II
Quality of service standards and targets
14 Quality of service standards and targets
Section
III
Charges, surcharges and exemption from postal charges
15 Charges
16 Exemption from postal charges
Section IV
Basic and supplementary services
17 Basic services
18 Supplementary services
Section V
Prohibitions and customs matters
19 Items not admitted. Prohibitions
20 Customs control. Customs duty and other fees
Section VI
Liability
21 Inquiries
22 Liability of designated operators. Indemnities
23 Non-liability of member countries and designated
operators
24 Sender's liability
25 Payment of indemnity
26 Possible recovery of the indemnity from the sender or the
addressee
Section
VII
Remuneration
A. Transit charges
27 Transit charges
B. Terminal dues
28 Terminal dues. General provisions
29 Terminal dues. Self-declaration of rates for bulky (E) and
small packet (E) letter-post items
30 Terminal dues. Provisions applicable to mail flows between
designated operators of countries in the target system
31 Terminal dues. Provisions applicable to flows to, from and
between designated operators of countries in the transitional
system
32 Quality of Service Fund
C. Rates for parcel post
33 Parcel post land and sea rates
D. Air conveyance dues
34 Basic rates and provisions concerning air conveyance
dues
E. Settlement of accounts
35 Provisions specific to the settlement of accounts and
payments for international postal exchanges
F. Fixing of charges and rates
36 Authority of the Postal Operations Council to fix charges
and rates
Section
VIII
Optional services
37 EMS and integrated logistics
38 Electronic postal services
Section IX
Final provisions
39 Conditions of approval of proposals concerning the
Convention and the Regulations
40 Reservations at Congress
41 Entry into force and duration of the Convention
Universal Postal
Convention
The undersigned, plenipotentiaries of the governments of the
member countries of the Union, having regard to article 22.3 of
the Constitution of the Universal Postal Union concluded at
Vienna on 10 July 1964, have by common consent and subject to
article 25.4 of the Constitution drawn up in this Convention the
rules applicable throughout the international postal service.
Section I
Rules applicable in common throughout the international postal
service
Article 1
Definitions
1 For the purposes of the Universal Postal Convention, the
following terms shall have the meanings defined below:
1.1 letter-post item: item described in and conveyed under the
conditions of the Universal Postal Convention and
Regulations;
1.2 parcel-post item: item described in and conveyed under the
conditions of the Universal Postal Convention and
Regulations;
1.3 EMS item: item described in and conveyed under the
conditions of the Universal Postal Convention, Regulations and
associated EMS instruments;
1.4 documents: a letter-post, parcel-post or EMS item
consisting of any piece of written, drawn, printed or digital
information, excluding objects of merchandise, whose physical
specifications lie within the limits specified in the
Regulations;
1.5 goods: a letter-post, parcel-post or EMS item consisting
of any tangible and movable object other than money, including
objects of merchandise, which does not fall under the definition
of "documents" as provided in paragraph 1.4 above and
whose physical specifications lie within the limits specified in
the Regulations;
1.6 closed mail: labelled receptacle(s) sealed with or without
lead, containing postal items;
1.7 misrouted mails: receptacles received at an office of
exchange other than the one mentioned on the (receptacle)
label;
1.8 personal data: information needed to identify a postal
service user;
1.9 missent items: items received at an office of exchange
meant for an office of exchange in another member country;
1.10 transit charges: remuneration for services rendered by a
carrier in the country crossed (designated operator, other
service or combination of the two) in respect of the land, sea
and/or air transit of letterpost items;
1.11 terminal dues: remuneration owed to the designated
operator of the country of destination by the designated operator
of the dispatching country in compensation for the costs incurred
in the country of destination for letter-post items received;
1.12 designated operator: any governmental or non-governmental
entity officially designated by the member country to operate
postal services and to fulfil the related obligations arising out
of the Acts of the Union on its territory;
1.13 small packet: item conveyed under the conditions of the
Convention and the Regulations;
1.14 inward land rate: remuneration owed to the designated
operator of the country of destination by the designated operator
of the dispatching country in compensation for the costs incurred
in the country of destination for parcels received;
1.15 transit land rate: remuneration owed for services
rendered by a carrier in the country crossed (designated
operator, other service or combination of the two) in respect of
the land and/or air transit of parcels through its territory;
1.16 sea rate: remuneration owed for services rendered by a
carrier (designated operator, other service or a combination of
the two) participating in the sea conveyance of parcels;
1.17 inquiry: a complaint or query relating to the use of a
postal service submitted in accordance with the conditions of the
Convention and its Regulations;
1.18 universal postal service: the permanent provision of
quality basic postal services at all points in a member country's
territory, for all customers, at affordable prices;
1.19 transit à découvert: open transit through an intermediate
country, of items whose number or weight does not justify the
make-up of closed mails for the destination country.
Article 2
Designation of the entity or entities responsible for fulfilling
the obligations arising from adherence to the Convention
1 Member countries shall notify the International Bureau,
within six months of the end of Congress, of the name and address
of the governmental body responsible for overseeing postal
affairs. Within six months of the end of Congress, member
countries shall also provide the International Bureau with the
name and address of the operator or operators officially
designated to operate postal services and to fulfil the
obligations arising from the Acts of the Union on their
territory. Between Congresses, member countries shall notify the
International Bureau of any changes in the governmental bodies as
soon as possible. Any changes with regard to the officially
designated operators shall also be notified to the International
Bureau as soon as possible, and preferably at least three months
prior to the entry into force of the change.
2 When a member country officially designates a new operator,
it shall indicate the scope of the postal services that the
latter will provide under the Acts of the Union, as well as the
operator's geographical coverage on its territory.
Article 3
Universal postal service
1 In order to support the concept of the single postal
territory of the Union, member countries shall ensure that all
users/customers enjoy the right to a universal postal service
involving the permanent provision of quality basic postal
services at all points in their territory, at affordable
prices.
2 With this aim in view, member countries shall set forth,
within the framework of their national postal legislation or by
other customary means, the scope of the postal services offered
and the requirement for quality and affordable prices, taking
into account both the needs of the population and their national
conditions.
3 Member countries shall ensure that the offers of postal
services and quality standards will be achieved by the operators
responsible for providing the universal postal service.
4 Member countries shall ensure that the universal postal
service is provided on a viable basis, thus guaranteeing its
sustainability.
Article 4
Freedom of transit
1 The principle of the freedom of transit is set forth in
article 1 of the Constitution. It shall carry with it the
obligation for each member country to ensure that its designated
operators forward, always by the quickest routes and the most
secure means which they use for their own items, closed mails and
à découvert letterpost items which are passed to them by another
designated operator. This principle shall also apply to missent
items and misrouted mails.
2 Member countries which do not participate in the exchange of
postal items containing infectious substances or radioactive
substances shall have the option of not admitting these items in
transit à découvert through their territory. The same shall also
apply to printed papers, periodicals, magazines, small packets
and M bags the content of which does not satisfy the legal
requirements governing the conditions of their publication or
circulation in the country crossed.
3 Freedom of transit for parcels shall be guaranteed
throughout the territory of the Union.
4 If a member country fails to observe the provisions
regarding freedom of transit, other member countries may
discontinue their provision of postal services with that member
country.
Article 5
Ownership of postal items. Withdrawal from the post. Alteration
or correction of address and/or name of the addressee (name of
the legal person, or family name, given name or patronymic (if
any)). Redirection. Return to sender of undeliverable items
1 A postal item shall remain the property of the sender until
it is delivered to the rightful owner, except when the item has
been seized in pursuance of the national legislation of the
country of origin or destination and, in case of application of
article 19.2.1.1 or 19.3, in accordance with the national
legislation of the country of transit.
2 The sender of a postal item may have it withdrawn from the
post or have its address and/or the name of the addressee (name
of the legal person, or family name, given name or patronymic (if
any)) altered or corrected. The charges and other conditions are
laid down in the Regulations.
3 Member countries shall ensure that their designated
operators redirect postal items if an addressee has changed his
address, and return undeliverable items to the sender. The
charges and other conditions are laid down in the
Regulations.
Article 6
Postage stamps
1 The term "postage stamp" shall be protected under
the present Convention and shall be reserved exclusively for
stamps which comply with the conditions of this article and of
the Regulations.
2 Postage stamps:
2.1 shall be issued and put into circulation solely under the
authority of the member country or territory, in conformity with
the Acts of the Union;
2.2 are a manifestation of sovereignty and constitute proof of
prepayment of the postage corresponding to their intrinsic value
when affixed to postal items, in conformity with the Acts of the
Union;
2.3 must be in circulation, for postal prepayment or for
philatelic purposes, in the member country or territory of issue,
according to its national legislation;
2.4 must be accessible to all citizens within the member
country or territory of issue.
3 Postage stamps comprise:
3.1 the name of the member country or territory of issue, in
roman letters, or, if the UPU International Bureau is so
requested by the member country or territory of issue, the
abbreviation or initials officially representing the member
country or territory of issue, in accordance with the conditions
laid down in the Regulations;1
3.2 the face value, expressed:
3.2.1 in principle, in the official currency of the country or
territory of issue, or as a letter or symbol;
3.2.2 through other identifying characteristics.
4 Emblems of state, official control marks and logos of
intergovernmental organizations featuring on postage stamps shall
be protected within the meaning of the Paris Convention for the
Protection of Industrial Property.
5 The subjects and designs of postage stamps shall:
5.1 be in keeping with the spirit of the Preamble to the UPU
Constitution and with decisions taken by the Union's bodies;
5.2 be closely linked to the cultural identity of the member
country or territory, or contribute to the dissemination of
culture or to maintaining peace;
5.3 have, when commemorating leading figures or events not
native to the member country or territory, a close bearing on the
country or territory in question;
5.4 be devoid of political character or of any topic of an
offensive nature in respect of a person or a country;
5.5 be of major significance to the member country or
territory.
6 Postal prepayment impressions, franking machine impressions
and impressions made by a printing press or another printing or
stamping process in accordance with the Acts of the Union may be
used only with the authorization of the member country or
territory.
7 Prior to issuing postage stamps using new materials or
technologies, member countries shall provide the International
Bureau with the necessary information concerning their
compatibility with mail processing machines. The International
Bureau shall inform the other member countries and their
designated operators accordingly.
Article 7
Sustainable development
1 Member countries and/or their designated operators shall
adopt and implement a proactive sustainable development strategy
focusing on environmental, social and economic action at all
levels of postal operations and promote sustainable development
awareness.
Article 8
Postal security
1 Member countries and their designated operators shall
observe the security requirements defined in the UPU security
standards and shall adopt and implement a proactive security
strategy at all levels of postal operations to maintain and
enhance the confidence of the general public in the postal
services provided by designated operators, in the interests of
all officials involved. This strategy shall include the
objectives defined in the Regulations, as well as the principle
of complying with requirements for providing electronic advance
data on postal items identified in implementing provisions
(including the type of, and criteria for, postal items) adopted
by the Council of Administration and Postal Operations Council,
in accordance with UPU technical messaging standards. The
strategy shall also include the exchange of information on
maintaining the safe and secure transport and transit of mails
between member countries and their designated operators.
2 Any security measures applied in the international postal
transport chain must be commensurate with the risks or threats
that they seek to address, and must be implemented without
hampering worldwide mail flows or trade by taking into
consideration the specificities of the mail network. Security
measures that have a potential global impact on postal operations
must be implemented in an internationally coordinated and
balanced manner, with the involvement of the relevant
stakeholders.
Article 9
Violations
1 Postal items
1.1 Member countries shall undertake to adopt the necessary
measures to prevent, prosecute and punish any person found guilty
of the following:
1.1.1 the insertion in postal items of narcotics and
psychotropic substances, as well as dangerous goods, where their
insertion has not been expressly authorized by the Convention and
Regulations;
1.1.2 the insertion in postal items of objects of a
paedophilic nature or of a pornographic nature using
children.
2 Means of postal prepayment and postal payment itself
2.1 Member countries shall undertake to adopt the necessary
measures to prevent, prosecute and punish any violations
concerning the means of postal prepayment set out in this
Convention, such as:
2.1.1 postage stamps, in circulation or withdrawn from
circulation;
2.1.2 prepayment impressions;
2.1.3 impressions of franking machines or printing
presses;
2.1.4 international reply coupons.
2.2 In this Convention, violations concerning means of postal
prepayment refer to any of the acts outlined below committed by
any persons with the intention of obtaining illegitimate gain for
oneself or for a third party. The following acts shall be
punished:
2.2.1 any act of falsifying, imitating or counterfeiting any
means of postal prepayment, or any illegal or unlawful act linked
to the unauthorized manufacturing of such items;
2.2.2 manufacture, use, release for circulation,
commercialization, distribution, dissemination, transportation,
exhibition or display (also in the form of catalogues and for
advertising purposes) of any means of postal prepayment which has
been falsified, imitated or counterfeited;
2.2.3 any act of using or circulating, for postal purposes,
any means of postal prepayment which has already been used;
2.2.4 any attempt to commit any of these violations.
3 Reciprocity
3.1 As regards sanctions, no distinction shall be made between
the acts outlined in 2, irrespective of whether national or
foreign means of postal prepayment are involved; this provision
shall not be subject to any legal or conventional condition of
reciprocity.
Article 10
Processing of personal data
1 Personal data on users may be employed only for the purposes
for which they were gathered in accordance with applicable
national legislation.
2 Personal data on users shall be disclosed only to third
parties authorized by applicable national legislation to access
them.
3 Member countries and their designated operators shall ensure
the confidentiality and security of personal data on users, in
accordance with their national legislation.
4 Designated operators shall inform their customers of the use
that is made of their personal data, and of the purpose for which
they have been gathered.
5 Without prejudice to the foregoing, designated operators may
transfer electronically personal data to the designated operators
of destination or transit countries that need these data in order
to fulfil the service.
Article 11
Exchange of closed mails with military units
1 Closed letter-post mails may be exchanged through the
intermediary of the land, sea or air services of other
countries:
1.1 between the post offices of any member country and the
commanding officers of military units placed at the disposal of
the United Nations;
1.2 between the commanding officers of such military
units;
1.3 between the post offices of any member country and the
commanding officers of naval, air or army units, warships or
military aircraft of the same country stationed abroad;
1.4 between the commanding officers of naval, air or army
units, warships or military aircraft of the same country.
2 Letter-post items enclosed in the mails referred to under 1
shall be confined to items addressed to or sent by members of
military units or the officers and crews of the ships or aircraft
to or from which the mails are forwarded. The rates and
conditions of dispatch applicable to them shall be fixed,
according to its regulations, by the designated operator of the
member country which has made the military unit available or to
which the ships or aircraft belong.
3 In the absence of special agreement, the designated operator
of the member country which has made the military unit available
or to which the warships or military aircraft belong shall be
liable to the designated operators concerned for the transit
charges for the mails, the terminal dues and the air conveyance
dues.
Article 12
Posting abroad of letter-post items
1 A designated operator shall not be bound to forward or
deliver to the addressee letter-post items which senders residing
in the territory of its member country post or cause to be posted
in a foreign country with the object of profiting by the more
favourable rate conditions there.
2 The provisions set out under 1 shall be applied without
distinction both to letter-post items made up in the sender's
country of residence and then carried across the frontier and to
letter-post items made up in a foreign country.
3 The designated operator of destination may claim from the
designated operator of posting, payment of the internal rates. If
the designated operator of posting does not agree to pay these
rates within a time limit set by the designated operator of
destination, the latter may either return the items to the
designated operator of posting and shall be entitled to claim
reimbursement of the redirection costs, or handle them in
accordance with its national legislation.
4 A designated operator shall not be bound to forward or
deliver to the addressees letter-post items which senders post or
cause to be posted in large quantities in a country other than
the country where they reside if the amount of terminal dues to
be received is lower than the sum that would have been received
if the mail had been posted in the country where the senders
reside. The designated operator of destination may claim from the
designated operator of posting payment commensurate with the
costs incurred and which may not exceed the higher of the
following two amounts: either 80% of the domestic tariff for
equivalent items, or the rates applicable pursuant to articles
29, 30.5 to 30.11, 30.12 and 30.13, or 31.17, as appropriate. If
the designated operator of posting does not agree to pay the
amount claimed within a time limit set by the designated operator
of destination, the designated operator of destination may either
return the items to the designated operator of posting and shall
be entitled to claim reimbursement of the redirection costs, or
handle them in accordance with its national legislation.
Article 13
Use of UPU forms
1 Unless otherwise provided by the Acts of the Union, only
designated operators shall use UPU forms and documentation for
the operation of postal services and exchange of postal items in
accordance with the Acts of the Union.
2 Designated operators may use UPU forms and documentation for
the operation of extraterritorial offices of exchange (ETOEs), as
well as international mail processing centres (IMPCs) established
by designated operators outside their respective national
territory, as further defined in paragraph 6, in order to
facilitate the operation of the aforementioned postal services
and exchange of postal items.
3 The exercise of the possibility outlined in paragraph 2
shall be subject to the national legislation or policy of the
member country or territory in which the ETOE or IMPC is
established. In this regard, and without prejudice to the
designation obligations contained in article 2, designated
operators shall guarantee the continued fulfilment of their
obligations under the Convention and be fully responsible for all
their relations with other designated operators and with the
International Bureau.
4 The requirement set forth in paragraph 3 shall equally apply
to the destination member country for the acceptance of postal
items from such ETOEs and IMPCs.
5 Member countries shall inform the International Bureau on
their policies with regard to postal items transmitted and/or
received from ETOEs or IMPCs. Such information shall be made
available on the Union's website.
6 Strictly for the purposes of this article, ETOEs shall be
defined as offices or facilities established for commercial
purposes and operated by designated operators or under the
responsibility of designated operators on the territory of a
member country or territory other than their own, with the
objective of drawing business in markets outside their respective
national territory. IMPCs shall be defined as international mail
processing facilities for the processing of international mail
exchanged either in order to generate or receive mail dispatches,
or to act as transit centres for international mail exchanged
between other designated operators.
7 Nothing in this article shall be construed to imply that
ETOEs or IMPCs (including the designated operators responsible
for their establishment and operation outside their respective
national territory) are in the same situation under the Acts of
the Union as designated operators of the host country, nor impose
a legal obligation on other member countries to recognize such
ETOEs or IMPCs as designated operators on the territory where
they are established and operated.
Section II
Quality of service standards and targets
Article 14
Quality of service standards and targets
1 Member countries or their designated operators shall
establish, publish and update delivery standards and targets for
their inward letter-post items and parcel-post items in the
relevant compendia as specified in the Regulations.
2 These standards and targets, increased by the time normally
required for customs clearance, shall be no less favourable than
those applied to comparable items in their domestic service.
3 Member countries or their designated operators of origin
shall also establish and publish end-to-end standards for
priority and airmail letter-post items as well as for parcels and
economy/surface parcels.
4 Member countries or their designated operators shall measure
the application of quality of service standards.
Section
III
Charges, surcharges and exemption from postal charges
Article 15
Charges
1 The charges for the various postal services defined in the
Convention shall be set by the member countries or their
designated operators, depending on national legislation, in
accordance with the principles set out in the Convention and its
Regulations. They shall in principle be related to the costs of
providing these services.
2 The member country of origin or its designated operator,
depending on national legislation, shall fix the postage charges
for the conveyance of letter- and parcel-post items. The postage
charges shall cover delivery of the items to the place of address
provided that this delivery service is operated in the country of
destination for the items in question.
3 The charges collected, including those laid down for
guideline purposes in the Acts, shall be at least equal to those
collected on internal service items presenting the same
characteristics (category, quantity, handling time, etc.).
4 Member countries or their designated operators, depending on
national legislation, shall be authorized to exceed any guideline
charges appearing in the Acts.
5 Above the minimum level of charges laid down in 3, member
countries or their designated operators may allow reduced charges
based on their national legislation for letter-post items and
parcels posted in the territory of the member country. They may,
for instance, give preferential rates to major users of the
Post.
6 No postal charge of any kind may be collected from customers
other than those provided for in the Acts.
7 Except where otherwise provided in the Acts, each designated
operator shall retain the charges which it has collected.
Article 16
Exemption from postal charges
1 Principle
1.1 Cases of exemption from postal charges, as meaning
exemption from postal prepayment, shall be expressly laid down by
the Convention. Nonetheless, the Regulations may provide for
exemption from postal prepayment, transit charges, terminal dues
and inward rates for letter-post items and postal parcels sent by
member countries, designated operators and Restricted Unions and
relating to the postal services. Furthermore, letter-post items
and postal parcels sent by the UPU International Bureau to
Restricted Unions, member countries and designated operators
shall be exempted from all postal charges. However, the member
country of origin or its designated operator shall have the
option of collecting air surcharges on the latter items.
2 Prisoners of war and civilian internees
2.1 Letter-post items, postal parcels and postal payment
services items addressed to or sent by prisoners of war, either
direct or through the offices mentioned in the Regulations of the
Convention and of the Postal Payment Services Agreement, shall be
exempt from all postal charges, with the exception of air
surcharges. Belligerents apprehended and interned in a neutral
country shall be classed with prisoners of war proper so far as
the application of the foregoing provisions is concerned.
2.2 The provisions set out under 2.1 shall also apply to
letter-post items, postal parcels and postal payment services
items originating in other countries and addressed to or sent by
civilian internees as defined by the Geneva Convention of 12
August 1949 relative to the protection of civilian persons in
time of war, either direct or through the offices mentioned in
the Regulations of the Convention and of the Postal Payment
Services Agreement.
2.3 The offices mentioned in the Regulations of the Convention
and of the Postal Payment Services Agreement shall also enjoy
exemption from postal charges in respect of letter-post items,
postal parcels and postal payment services items which concern
the persons referred to under 2.1 and 2.2, which they send or
receive, either direct or as intermediaries.
2.4 Parcels shall be admitted free of postage up to a weight
of 5 kilogrammes. The weight limit shall be increased to 10
kilogrammes in the case of parcels the contents of which cannot
be split up and of parcels addressed to a camp or the prisoners'
representatives there ("hommes de confiance") for
distribution to the prisoners.
2.5 In the accounting between designated operators, rates
shall not be allocated for service parcels and for
prisoner-of-war and civilian internee parcels, apart from the air
conveyance dues applicable to air parcels.
3 Items for the blind
3.1 Any item for the blind sent to or by an organization for
the blind or sent to or by a blind person shall be exempt from
all postal charges, with the exception of air surcharges, to the
extent that these items are admissible as such in the internal
service of the sending designated operator.
3.2 In this article:
3.2.1 a blind person means a person who is registered as blind
or partially sighted in his or her country or who meets the World
Health Organization's definition of a blind person or a person
with low vision;
3.2.2 an organization for the blind means an institution or
association serving or officially representing blind persons;
3.2.3 items for the blind shall include correspondence,
literature in whatever format including sound recordings, and
equipment or materials of any kind made or adapted to assist
blind persons in overcoming the problems of blindness, as
specified in the Regulations.
Section IV
Basic and supplementary services
Article 17
Basic services
1 Member countries shall ensure that their designated
operators accept, handle, convey and deliver letter-post
items.
2 Letter-post items containing only documents are:
2.1 priority items and non-priority items, up to 2
kilogrammes;
2.2 letters, postcards and printed papers, up to 2
kilogrammes;
2.3 items for the blind, up to 7 kilogrammes;
2.4 special bags containing newspapers, periodicals, books and
similar printed documentation for the same addressee at the same
address called "M bags", up to 30 kilogrammes.
3 Letter-post items containing goods are:
3.1 priority and non-priority small packets, up to 2
kilogrammes;
3.2 items for the blind, up to 7 kilogrammes, as specified in
the Regulations;
3.3 special bags containing newspapers, periodicals, books and
similar printed documentation for the same addressee at the same
address called "M bags", up to 30 kilogrammes, as
specified in the Regulations.
4 Letter-post items shall be classified on the basis of both
the speed of treatment of the items and the contents of the items
in accordance with the Regulations.
5 Within the classification systems referred to in 4,
letter-post items may also be classified on the basis of their
format as small letters (P), large letters (G), bulky letters (E)
or small packets (E). The size and weight limits are specified in
the Regulations.
6 Higher weight limits than those indicated in paragraphs 2
and 3 apply optionally for certain letter-post item categories
under the conditions specified in the Regulations.
7 Member countries shall also ensure that their designated
operators accept, handle, convey and deliver parcel-post items up
to 20 kilogrammes.
8 Weight limits higher than 20 kilogrammes apply optionally
for certain parcel-post items under the conditions specified in
the Regulations.
Article 18
Supplementary services
1 Member countries shall ensure the provision of the following
mandatory supplementary services:
1.1 registration service for outbound priority and airmail
letter-post items;
1.2 registration service for all inbound registered
letter-post items.
2 Member countries may ensure the provision of the following
optional supplementary services in relations between those
designated operators which agreed to provide the service:
2.1 insurance for letter-post items and parcels;
2.2 cash-on-delivery service for letter-post items and
parcels;
2.3 tracked delivery service for letter-post items;
2.4 delivery to the addressee in person of registered or
insured letter-post items;
2.5 free of charges and fees delivery service for letter-post
items and parcels;
2.6 cumbersome parcels services;
2.7 consignment service for collective items from one
consignor sent abroad;
2.8 merchandise return service, which involves the return of
merchandise by the addressee to the original seller, with the
latter's authorization.
3 The following three supplementary services have both
mandatory and optional parts:
3.1 international business reply service (IBRS), which is
basically optional. All member countries or their designated
operators shall, however, be obliged to operate the IBRS
"return" service;
3.2 international reply coupons, which shall be exchangeable
in any member country. The sale of international reply coupons
is, however, optional;
3.3 advice of delivery for registered letter-post items,
parcels and insured items. All member countries or their
designated operators shall admit incoming advices of delivery.
The provision of an outward advice of delivery service is,
however, optional.
4 The description of these services and their charges are set
out in the Regulations.
5 Where the service features below are subject to special
charges in the domestic service, designated operators shall be
authorized to collect the same charges for international items,
under the conditions described in the Regulations:
5.1 delivery for small packets weighing over 500 grammes;
5.2 letter-post items posted after the latest time of
posting;
5.3 items posted outside normal counter opening hours;
5.4 collection at sender's address;
5.5 withdrawal of a letter-post item outside normal counter
opening hours;
5.6 poste restante;
5.7 storage for letter-post items weighing over 500 grammes
(with the exception of items for the blind), and for parcels;
5.8 delivery of parcels, in response to the advice of
arrival;
5.9 cover against risks of force majeure;
5.10 delivery of letter-post items outside normal counter
opening hours.
Section V
Prohibitions and customs matters
Article 19
Items not admitted. Prohibitions
1 General
1.1 Items not fulfilling the conditions laid down in the
Convention and the Regulations shall not be admitted. Items sent
in furtherance of a fraudulent act or with the intention of
avoiding full payment of the appropriate charges shall not be
admitted.
1.2 Exceptions to the prohibitions contained in this article
are set out in the Regulations.
1.3 All member countries or their designated operators shall
have the option of extending the prohibitions contained in this
article, which may be applied immediately upon their inclusion in
the relevant compendium. Any member country or its designated
operator wishing to extend or amend the list of articles that it
prohibits, or admits conditionally, as imports (or in transit)
shall inform the International Bureau, which shall then update
the relevant compendium accordingly.
2 Prohibitions in all categories of items
2.1 The insertion of the articles referred to below shall be
prohibited in all categories of items:
2.1.1 narcotics and psychotropic substances, as defined by the
International Narcotics Control Board, or other illicit drugs
which are prohibited in the country of destination;
2.1.2 obscene or immoral articles;
2.1.3 counterfeit and pirated articles;
2.1.4 other articles the importation or circulation of which
is prohibited in the country of destination;
2.1.5 articles which, by their nature or their packing, may
expose officials or the general public to danger, or soil or
damage other items, postal equipment or third-party property;
2.1.6 documents having the character of current and personal
correspondence exchanged between persons other than the sender
and the addressee or persons living with them;
3 Dangerous goods
3.1 The insertion of dangerous goods as described in the
Convention and Regulations shall be prohibited in all categories
of items.
3.2 The insertion of replica and inert explosive devices and
military ordnance, including replica and inert grenades, inert
shells and the like, shall be prohibited in all categories of
items.
3.3 Exceptionally, dangerous goods may be admitted in
relations between member countries that have declared their
willingness to admit them either reciprocally or in one
direction, provided that they are in compliance with national and
international transport rules and regulations.
4 Live animals
4.1 Live animals shall be prohibited in all categories of
items.
4.2 Exceptionally, the following shall be admitted in
letter-post items other than insured items:
4.2.1 bees, leeches and silk-worms;
4.2.2 parasites and destroyers of noxious insects intended for
the control of those insects and exchanged between officially
recognized institutions;
4.2.3 flies of the family Drosophilidae for biomedical
research exchanged between officially recognized
institutions.
4.3 Exceptionally, the following shall be admitted in
parcels:
4.3.1 live animals whose conveyance by post is authorized by
the postal regulations and/or national legislation of the
countries concerned.
5 Insertion of correspondence in parcels
5.1 The insertion of the articles mentioned below shall be
prohibited in postal parcels:
5.1.1 correspondence, with the exception of archived
materials, exchanged between persons other than the sender and
the addressee or persons living with them.
6 Coins, bank notes and other valuable articles
6.1 It shall be prohibited to insert coins, bank notes,
currency notes or securities of any kind payable to bearer,
travellers' cheques, platinum, gold or silver, whether
manufactured or not, precious stones, jewels or other valuable
articles:
6.1.1 in uninsured letter-post items;
6.1.1.1 however, if the national legislation of the countries
of origin and destination permits this, such articles may be sent
in a closed envelope as registered items;
6.1.2 in uninsured parcels; except where permitted by the
national legislation of the countries of origin and
destination;
6.1.3 in uninsured parcels exchanged between two countries
which admit insured parcels;
6.1.3.1 in addition, any member country or designated operator
may prohibit the enclosure of gold bullion in insured or
uninsured parcels originating from or addressed to its territory
or sent in transit à découvert across its territory; it may limit
the actual value of these items.
7 Printed papers and items for the blind:
7.1 shall not bear any inscription or contain any item of
correspondence;
7.2 shall not contain any postage stamp or form of prepayment,
whether cancelled or not, or any paper representing a monetary
value, except in cases where the item contains as an enclosure a
card, envelope or wrapper bearing the printed address of the
sender of the item or his agent in the country of posting or
destination of the original item, which is prepaid for
return.
8 Treatment of items wrongly admitted
8.1 The treatment of items wrongly admitted is set out in the
Regulations. However, items containing articles mentioned in
2.1.1, 2.1.2, 3.1 and 3.2 shall in no circumstances be forwarded
to their destination, delivered to the addressees or returned to
origin. In the case of articles mentioned in 2.1.1 discovered
while in transit, such items shall be handled in accordance with
the national legislation of the country of transit. In the case
of articles mentioned in 3.1 and 3.2 discovered during transport,
the relevant designated operator shall be entitled to remove the
article from the item and dispose of it. The designated operator
may then forward the remainder of the item to its destination,
together with information about the disposal of the inadmissible
article.
Article 20
Customs control. Customs duty and other fees
1 The designated operators of the countries of origin and
destination shall be authorized to submit items to customs
control, according to the legislation of those countries.
2 Items submitted to customs control may be subjected to a
presentation-to-Customs charge, the guideline amount of which is
set in the Regulations. This charge shall only be collected for
the submission to Customs and customs clearance of items which
have attracted customs charges or any other similar charge.
3 Designated operators which are authorized to clear items
through the Customs on behalf of customers, whether in the name
of the customer or of the designated operator of the destination
country, may charge customers a customs clearance fee based on
the actual costs. This fee may be charged for all items declared
at Customs according to national legislation, including those
exempt from customs duty. Customers shall be clearly informed in
advance about the required fee.
4 Designated operators shall be authorized to collect from the
senders or addressees of items, as the case may be, the customs
duty and all other fees which may be due.
Section VI
Liability
Article 21
Inquiries
1 Each designated operator shall be bound to accept inquiries
relating to parcels or registered or insured items posted in its
own service or that of any other designated operator, provided
that the inquiries are presented by customers within a period of
six months from the day after that on which the item was posted.
The transmission and processing of inquiries between designated
operators shall be made under the conditions laid down in the
Regulations. The period of six months shall concern relations
between claimants and designated operators and shall not include
the transmission of inquiries between designated operators.
2 Inquiries shall be free of charge. However, additional costs
caused by a request for transmission by EMS shall, in principle,
be borne by the person making the request.
Article 22
Liability of designated operators. Indemnities
1 General
1.1 Except for the cases provided for in article 23,
designated operators shall be liable for:
1.1.1 the loss of, theft from or damage to registered items,
ordinary parcels (with the exception of parcels in the e-commerce
delivery category ("ECOMPRO parcels"), whose
specifications are further defined in the Regulations) and
insured items;
1.1.2 the return of registered items, insured items and
ordinary parcels on which the reason for non-delivery is not
given.
1.2 Designated operators shall not be liable for items other
than those mentioned in 1.1.1 and 1.1.2, nor for ECOMPRO
parcels.
1.3 In any other case not provided for in this Convention,
designated operators shall not be liable.
1.4 When the loss of or total damage to registered items,
ordinary parcels and insured items is due to a case of force
majeure for which indemnity is not payable, the sender shall be
entitled to repayment of the charges paid for posting the item,
with the exception of the insurance charge.
1.5 The amounts of indemnity to be paid shall not exceed the
amounts mentioned in the Regulations.
1.6 In cases of liability, consequential losses, loss of
profits or moral damage shall not be taken into account in the
indemnity to be paid.
1.7 All provisions regarding liability of designated operators
shall be strict, binding and complete. Designated operators shall
in no case, even in case of severe fault, be liable above the
limits provided for in the Convention and the Regulations.
2 Registered items
2.1 If a registered item is lost, totally rifled or totally
damaged, the sender shall be entitled to an indemnity set in the
Regulations. If the sender has claimed an amount less than the
amount set in the Regulations, designated operators may pay that
lower amount and shall receive reimbursement on this basis from
any other designated operators involved.
2.2 If a registered item is partially rifled or partially
damaged, the sender is entitled to an indemnity corresponding, in
principle, to the actual value of the theft or damage.
3 Ordinary parcels
3.1 If a parcel is lost, totally rifled or totally damaged,
the sender shall be entitled to an indemnity of an amount set in
the Regulations. If the sender has claimed an amount less than
the amount set in the Regulations, designated operators may pay
that lower amount and shall receive reimbursement on this basis
from any other designated operators involved.
3.2 If a parcel is partially rifled or partially damaged, the
sender shall be entitled to an indemnity corresponding, in
principle, to the actual value of the theft or damage.
3.3 Designated operators may agree to apply, in their
reciprocal relations, the amount per parcel set in the
Regulations, regardless of the weight.
4 Insured items
4.1 If an insured item is lost, totally rifled or totally
damaged, the sender shall be entitled to an indemnity
corresponding, in principle, to the insured value in SDRs.
4.2 If an insured item is partially rifled or partially
damaged, the sender shall be entitled to an indemnity
corresponding, in principle, to the actual value of the theft or
damage. It may, however, in no case exceed the amount of the
insured value in SDRs.
5 If a registered or insured letter-post item is returned and
the reason for non-delivery is not given, the sender shall be
entitled to a refund of the charges paid for posting the item
only.
6 If a parcel is returned and the reason for non-delivery is
not given, the sender shall be entitled to a refund of the
charges paid by the sender for posting the parcel in the country
of origin and the expenses occasioned by the return of the parcel
from the country of destination.
7 In the cases mentioned in 2, 3 and 4, the indemnity shall be
calculated according to the current price, converted into SDRs,
of articles or goods of the same kind at the place and time at
which the item was accepted for conveyance. Failing a current
price, the indemnity shall be calculated according to the
ordinary value of articles or goods whose value is assessed on
the same basis.
8 When an indemnity is due for the loss of, total theft from
or total damage to a registered item, ordinary parcel or insured
item, the sender, or the addressee, as the case may be, shall
also be entitled to repayment of the charges and fees paid for
posting the item with the exception of the registration or
insurance charge. The same shall apply to registered items,
ordinary parcels or insured items refused by the addressee
because of their bad condition if that is attributable to the
designated operator and involves its liability.
9 Notwithstanding the provisions set out under 2, 3 and 4, the
addressee shall be entitled to the indemnity for a rifled,
damaged or lost registered item, ordinary parcel or insured item
if the sender waives his rights in writing in favour of the
addressee. This waiver shall not be necessary in cases where the
sender and the addressee are the same.
10 The designated operator of origin shall have the option of
paying senders in its country the indemnities prescribed by its
national legislation for registered items and uninsured parcels,
provided that they are not lower than those laid down in 2.1 and
3.1. The same shall apply to the designated operator of
destination when the indemnity is paid to the addressee. However,
the amounts laid down in 2.1 and 3.1 shall remain applicable:
10.1 in the event of recourse against the designated operator
liable; or
10.2 if the sender waives his rights in favour of the
addressee.
11 Reservations concerning the exceeding of deadlines for
inquiries and payment of indemnity to designated operators,
including the periods and conditions fixed in the Regulations,
shall not be made, except in the event of bilateral
agreement.
Article 23
Non-liability of member countries and designated operators
1 Designated operators shall cease to be liable for registered
items, parcels and insured items which they have delivered
according to the conditions laid down in their regulations for
items of the same kind. Liability shall, however, be
maintained:
1.1 when theft or damage is discovered either prior to or at
the time of delivery of the item;
1.2 when, national regulations permitting, the addressee, or
the sender if it is returned to origin, makes reservations on
taking delivery of a rifled or damaged item;
1.3 when, national regulations permitting, the registered item
was delivered to a private mail-box and the addressee declares
that he did not receive the item;
1.4 when the addressee or, in the case of return to origin,
the sender of a parcel or of an insured item, although having
given a proper discharge, notifies the designated operator that
delivered the item without delay that he has found theft or
damage. He shall furnish proof that such theft or damage did not
occur after delivery. The term "without delay" shall be
interpreted according to national law.
2 Member countries and designated operators shall not be
liable:
2.1 in cases of force majeure, subject to article 18.5.9;
2.2 when they cannot account for items owing to the
destruction of official records by force majeure, provided that
proof of their liability has not been otherwise produced;
2.3 when such loss or damage has been caused by the fault or
negligence of the sender or arises from the nature of the
contents;
2.4 in the case of items that fall within the prohibitions
specified in article 19;
2.5 when the items have been seized under the national
legislation of the country of destination, as notified by the
member country or designated operator of that country;
2.6 in the case of insured items which have been fraudulently
insured for a sum greater than the actual value of the
contents;
2.7 when the sender has made no inquiry within six months from
the day after that on which the item was posted;
2.8 in the case of prisoner-of-war or civilian internee
parcels;
2.9 when the sender's actions may be suspected of fraudulent
intent, aimed at receiving compensation.
3 Member countries and designated operators shall accept no
liability for customs declarations in whatever form these are
made or for decisions taken by the Customs on examination of
items submitted to customs control.
Article 24
Sender's liability
1 The sender of an item shall be liable for injuries caused to
postal officials and for any damage caused to other postal items
and postal equipment, as a result of the dispatch of articles not
acceptable for conveyance or the non-observance of the conditions
of acceptance.
2 In the case of damage to other postal items, the sender
shall be liable for each item damaged within the same limits as
designated operators.
3 The sender shall remain liable even if the office of posting
accepts such an item.
4 However, where the conditions of acceptance have been
observed by the sender, the sender shall not be liable, in so far
as there has been fault or negligence in handling the item on the
part of designated operators or carriers, after acceptance.
Article 25
Payment of indemnity
1 Subject to the right of recourse against the designated
operator which is liable, the obligation to pay the indemnity and
to refund the charges and fees shall rest either with the
designated operator of origin or with the designated operator of
destination.
2 The sender may waive his rights to the indemnity in favour
of the addressee. The sender, or the addressee in the case of a
waiver, may authorize a third party to receive the indemnity if
national legislation allows this.
Article 26
Possible recovery of the indemnity from the sender or the
addressee
1 If, after payment of the indemnity, a registered item, a
parcel or an insured item or part of the contents previously
considered as lost is found, the sender or the addressee, as the
case may be, shall be advised that the item is being held at his
disposal for a period of three months on repayment of the amount
of the indemnity paid. At the same time he shall be asked to whom
the item is to be delivered. In the event of refusal or failure
to reply within the prescribed period, the same approach shall be
made to the addressee or the sender as the case may be, granting
that person the same period to reply.
2 If the sender and the addressee refuse to take delivery of
the item or do not reply within the period provided for in
paragraph 1, it shall become the property of the designated
operator or, where appropriate, designated operators which bore
the loss.
3 In the case of subsequent discovery of an insured item the
contents of which are found to be of less value than the amount
of the indemnity paid, the sender or the addressee, as the case
may be, shall repay the amount of this indemnity against return
of the item, without prejudice to the consequences of fraudulent
insurance.
Section
VII
Remuneration
A. Transit
charges
Article 27
Transit charges
1 Closed mails and à découvert transit items exchanged between
two designated operators or between two offices of the same
member country by means of the services of one or more other
designated operators (third party services) shall be subject to
the payment of transit charges. The latter shall constitute
remuneration for the services rendered in respect of land
transit, sea transit and air transit. This principle shall also
apply to missent items and misrouted mails.
B. Terminal
dues
Article 28
Terminal dues. General provisions
1 Subject to exemptions provided in the Regulations, each
designated operator which receives letter-post items from another
designated operator shall have the right to collect from the
dispatching designated operator a payment for the costs incurred
for the international mail received.
2 For the application of the provisions concerning the payment
of terminal dues by their designated operators, countries and
territories shall be classified in accordance with the lists
drawn up for this purpose by Congress in its resolution C 7/2016,
as follows:
2.1 countries and territories in the target system prior to
2010 (group I);
2.2 countries and territories in the target system as of 2010
and 2012 (group II);
2.3 countries and territories in the target system as from
2016 (group III);
2.4 countries and territories in the transitional system
(group IV).
3 The provisions of the present Convention concerning the
payment of terminal dues are transitional arrangements, moving
towards a country-specific payment system at the end of the
transition period.
4 Access to domestic services. Direct access
4.1 In principle, each designated operator of a country that
was in the target system prior to 2010 shall make available to
the other designated operators all the rates, terms and
conditions offered in its domestic service on conditions
identical to those proposed to its national customers. It shall
be up to the designated operator of destination to decide whether
the terms and conditions of direct access have been met by the
designated operator of origin.
4.2 Designated operators of countries in the target system
prior to 2010 shall make available to other designated operators
of countries that were in the target system prior to 2010 the
rates, terms and conditions offered in their domestic service, o …
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