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Zaudējis spēku - Par 2008.gada Pasaules Pasta konvenciju, 2008.gada Pasaules Pasta konvencijas Noslēguma protokolu un 2008.gada Nolīgumu par pasta maksājumu pakalpojumiem
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Saeima ir pieņēmusi un Valsts
prezidents izsludina šādu likumu:
Par 2008.gada Pasaules Pasta
konvenciju, 2008.gada Pasaules Pasta konvencijas Noslēguma
protokolu un 2008.gada Nolīgumu par pasta maksājumu
pakalpojumiem
1.pants. 2008.gada 12.augusta Pasaules Pasta konvencija
(turpmāk - Konvencija), 2008.gada 12.augusta Pasaules Pasta
konvencijas Noslēguma protokols (turpmāk - Noslēguma protokols)
un 2008.gada 12.augusta Nolīgums par pasta maksājumu
pakalpojumiem (turpmāk - Nolīgums) ar šo likumu tiek pieņemts un
apstiprināts.
2.pants. Konvencijā, Noslēguma protokolā un Nolīgumā
paredzēto saistību izpildi koordinē Satiksmes ministrija.
3.pants. Konvencija un Noslēguma protokols stājas spēkā
Konvencijas 37.pantā noteiktajā laikā, Nolīgums stājas spēkā tā
28.pantā noteiktajā laikā, un Ārlietu ministrija par to paziņo
laikrakstā "Latvijas Vēstnesis".
4.pants. Likums stājas spēkā nākamajā dienā pēc tā
izsludināšanas. Līdz ar likumu izsludināma Konvencija, Noslēguma
protokols un Nolīgums angļu valodā un to tulkojums latviešu
valodā.
Likums Saeimā pieņemts 2011.gada 14.jūlijā.
Valsts prezidents
A.Bērziņš
Rīgā 2011.gada 28.jūlijā
Universal Postal Convention
Table of contents
Part I
Rules applicable in common throughout the international postal
service
Sole chapter
General provisions
Article
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. Redirection. Return to
sender of undeliverable items
6 Charges
7 Exemption from postal charges
8 Postage stamps
9 Postal security
10 Sustainable development
11 Violations
Part II
Rules applicable to letter post and postal parcels
Chapter 1
Provision of services
12 Basic services
13 Supplementary services
14 Electronic mail, EMS, integrated logistics and new
services
15 Items not admitted. Prohibitions
16 Admissible radioactive materials and infectious
substances
17 Inquiries
18 Customs control. Customs duty and other fees
19 Exchange of closed mails with military units
20 Quality of service standards and targets
Chapter 2
Liability
21 Liability of designated operators. Indemnities
22 Non-liability of member countries and designated
operators
23 Sender's liability
24 Payment of indemnity
25 Possible recovery of the indemnity from the sender or
the addressee
Chapter 3
Provisions specific to letter post
26 Posting abroad of
letter-post items
Part III
Remuneration
Chapter 1
Provisions specific to letter post
27 Terminal dues. General provisions
28 Terminal dues. Provisions applicable to mail flows
between designated operators of countries in the target
system
29 Terminal dues. Provisions applicable to flows to,
from and between designated operators of countries in the
transitional system
30 Quality of Service Fund
31 Transit charges
Chapter 2
Other provisions
32 Basic rates and provisions concerning air conveyance
dues
33 Parcel post land and sea rates
34 Authority of the Postal Operations Council to fix
charges and rates
Part IV
Final provisions
35 Conditions of approval of proposals concerning the
Convention and the Regulations
36 Reservations at Congress
37 Entry into force and duration of the Convention
Final Protocol to the Universal
Postal Convention
Article
I. Ownership of postal items. Withdrawal from the post.
Alteration or correction of address
II. Charges
III. Exception to the exemption of literature for the
blind from postal charges
IV. Basic services
V. Advice of delivery
VI. International business reply service (IBRS)
VII. Prohibitions (letter post)
VIII. Prohibitions (postal parcels)
IX. Admissible radioactive materials and biological
materials
X. Articles subject to customs duty
XI. Inquiries
XII. Presentation-to-Customs charge
XIII. Posting abroad of letter-post items
XIV. Exceptional inward land rates
XV. Special tariffs
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.
Part I
Rules applicable in common throughout the international postal
service
Sole
chapter
General provisions
Article 1
Definitions
1 For the purposes of the Universal Postal Convention, the
following terms shall have the meanings defined below:
1.1 parcel: item conveyed under the conditions of the
Convention and the Parcel Post Regulations;
1.2 closed mail: labelled bag or set of bags or other
receptacles sealed with or without lead, containing postal
items;
1.3 misrouted mails: receptacles received at an office
of exchange other than the one mentioned on the (bag) label;
1.4 missent items: items received at an office of
exchange meant for an office of exchange in another member
country;
1.5 postal item: generic term referring to anything
dispatched by the Post's services (letter post, parcel post,
money orders, etc.);
1.6 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 mails;
1.7 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;
1.8 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;
1.9 small packet: item conveyed under the conditions of
the Convention and the Letter Post Regulations;
1.10 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;
1.11 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;
1.12 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;
1.13 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;
1.14 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, changes in the governmental bodies
and the officially designated operators shall be notified to the
International Bureau as soon as possible.
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 letter-post items which are passed to them by another
designated operator. This principle shall also apply to missent
items or misrouted mails.
2 Member countries which do not participate in the
exchange of letters 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 apply to letter-post items other than letters,
postcards and literature for the blind. It 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 postal parcels to be forwarded
by land and sea routes shall be limited to the territory of the
countries taking part in this service.
4 Freedom of transit for air parcels shall be guaranteed
throughout the territory of the Union. However, member countries
which do not operate the postal parcels service shall not be
required to forward air parcels by surface.
5 If a member country fails to observe the provisions
regarding freedom of transit, other member countries may
discontinue their postal service with that member country.
Article 5
Ownership of postal items. Withdrawal from the post. Alteration
or correction of address. 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 legislation of the country of
origin or destination and, in case of application of article
15.2.1.1 or 15.3, in accordance with the legislation of the
country of transit.
2 The sender of a postal item may have it withdrawn from
the post or have its address 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
Charges
1 The charges for the various international postal and
special services 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 7
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 both exemption from postal
prepayment and exemption from payment of transit charges,
terminal dues and inward rates for letter-post items and postal
parcels relating to the postal service sent by member countries,
designated operators and Restricted Unions. Furthermore,
letter-post items and postal parcels sent by the UPU
International Bureau to Restricted Unions, member countries and
designated operators shall be considered to be items relating to
the postal service and 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
financial 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 financial 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 financial 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 Literature
for the blind
3.1 Literature for the
blind shall be exempt from all postal charges, with the exception
of air surcharges.
Article 8
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 letters1;
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 UPU Acts may be used only
with the authorization of the member country or its
territory.
1 An exception shall be granted to Great Britain,
the country which invented the postage stamp.
Article 9
Postal security
1 Member
countries and their designated operators shall adopt and
implement a pro-active security strategy at all levels of postal
operations to maintain and enhance the confidence of the general
public in the postal services, in the interests of all officials
involved. This strategy shall include the exchange of information
on maintaining the safe and secure transport and transit of mails
between member countries and their designated operators.
Article 10
Sustainable development
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 in the postal services.
Article 11
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 explosive, flammable or other
dangerous substances, where their insertion has not been
expressly authorized by the Convention;
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 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 any act of using, circulating, marketing,
distributing, disseminating, transporting, exhibiting, showing,
or publicizing 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.
Part II
Rules applicable to letter post and postal parcels
Chapter 1
Provision of services
Article 12
Basic services
1 Member countries shall ensure that their designated
operators accept, handle, convey and deliver letter-post
items.
2 Letter-post items are:
2.1 priority items and non-priority items, up to 2
kilogrammes;
2.2 letters, postcards, printed papers and small
packets, up to 2 kilogrammes;
2.3 literature 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 shall be classified on the basis
either of the speed of treatment of the items or of the contents
of the items in accordance with the Letter Post Regulations.
4 Higher weight limits than those indicated in paragraph
2 apply optionally for certain letter-post item categories under
the conditions specified in the Letter Post Regulations.
5 Subject to paragraph 8, member countries shall also
ensure that their designated operators accept, handle, convey and
deliver postal parcels up to 20 kilogrammes, either as laid down
in the Convention, or, in the case of outward parcels and after
bilateral agreement, by any other means which is more
advantageous to their customers.
6 Weight limits higher than 20 kilogrammes apply
optionally for certain parcel-post categories under the
conditions specified in the Parcel Post Regulations.
7 Any member country whose designated operator does not
undertake the conveyance of parcels may arrange for the
provisions of the Convention to be implemented by transport
companies. It may, at the same time, limit this service to
parcels originating in or addressed to places served by these
companies.
8 Notwithstanding paragraph 5, member countries which,
prior to 1 January 2001 were not parties to the Postal Parcels
Agreement shall not be obliged to provide the postal parcels
service.
Article 13
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 outbound non-priority and
surface letter-post items to destinations for which there is no
priority or airmail service;
1.3 registration service for all inbound letter-post
items.
2 The provision of a registration service for outbound
non-priority and surface letter-post items to destinations for
which there is a priority or airmail service shall be
optional.
3 Member countries or their designated operators may
provide the following optional supplementary services in
relations between those designated operators which agreed to
provide the service:
3.1 insurance for letter-post items and parcels;
3.2 recorded delivery for letter-post items;
3.3 cash-on-delivery service for letter-post items and
parcels;
3.4 express delivery service for letter-post items and
parcels;
3.5 delivery to the addressee in person of registered,
recorded delivery or insured letter-post items;
3.6 free of charges and fees service for letter-post
items and parcels;
3.7 fragile and cumbersome parcels services;
3.8 consignment service for collective items from one
consignor sent abroad.
4 The
following three supplementary services have both mandatory and
optional parts:
4.1 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;
4.2 international reply coupons, which shall be
exchangeable in any member country. The sale of international
reply coupons is, however, optional;
4.3 advice of delivery for registered and recorded
delivery 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.
5 The
description of these services and their charges are set out in
the Regulations.
6 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:
6.1 delivery for small packets weighing over 500
grammes;
6.2 letter-post items posted after the latest time of
posting;
6.3 items posted outside normal counter opening
hours;
6.4 collection at sender's address;
6.5 withdrawal of a letter-post item outside normal
counter opening hours;
6.6 poste restante;
6.7 storage for letter-post items weighing over 500
grammes, and for parcels;
6.8 delivery of parcels, in response to the advice of
arrival;
6.9 cover against risks of force majeure.
Article 14
Electronic mail, EMS, integrated logistics and new services
1 Member
countries or designated operators may agree with each other to
participate in the following services, which are described in the
Regulations:
1.1 electronic mail, which is a postal service involving
the electronic transmission of messages; designated operators may
enhance electronic mail by offering registered electronic mail,
which supplements electronic mail by providing proof of sending,
proof of delivery and a secure communication channel between
authenticated users;
1.2 EMS, which is a postal express service for documents
and merchandise, and shall whenever possible be the quickest
postal service by physical means. This service may be provided on
the basis of the EMS Standard Multilateral Agreement or by
bilateral agreement;
1.3 integrated logistics, which is a service that
responds fully to customers' logistical requirements and
includes the phases before and after the physical transmission of
goods and documents;
1.4 the electronic postal certification mark, which
provides evidentiary proof of an electronic event, in a given
form, at a given time, and involving one or more parties.
2 Member
countries or designated operators may by mutual consent create a
new service not expressly provided for in the Acts of the Union.
Charges for a new service shall be laid down by each designated
operator concerned, having regard to the expenses of operating
the service.
Article 15
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.
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 Explosive,
flammable or radioactive materials and dangerous goods
3.1 The insertion of explosive, flammable or other
dangerous goods as well as radioactive materials 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, the following dangerous goods shall
be admitted:
3.3.1 the radioactive materials sent in letter-post
items and postal parcels mentioned in article 16.1;
3.3.2 the infectious substances sent in letter-post
items and postal parcels mentioned in article 16.2.
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 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 literature for the blind
7.1 Printed papers and
literature for the blind:
7.1.1 shall nor bear any inscription or contain any item
of correspondence;
7.1.2 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, 3.1 and 3.2 discovered while in transit, such
items shall be handled in accordance with the national
legislation of the country of transit.
Article 16
Admissible radioactive materials and infectious substances
1 Radioactive
materials shall be admitted in letter-post items and parcels in
relations between member countries which have declared their
willingness to admit them either reciprocally or in one direction
only under the following conditions:
1.1 radioactive materials shall be made up and packed in
accordance with the respective provisions of the Regulations;
1.2 when they are sent in letter-post items, they shall
be subject to the tariff for priority items or the tariff for
letters and registration;
1.3 radioactive materials contained in letter-post items
or postal parcels shall be forwarded by the quickest route,
normally by air, subject to payment of the corresponding
surcharges;
1.4 radioactive materials may be posted only by duly
authorized senders.
2 Infectious
substances, with the exception of category A infectious
substances affecting humans (UN 2814) and affecting animals (UN
2900) shall be admitted in letter-post items and postal parcels,
under the following conditions:
2.1 Category B infectious substances (UN 3373) may be
exchanged by mail only between officially recognized senders, as
determined by their competent authority. These dangerous goods
may be acceptable in mail, subject to the national and
international legislation in force and the current edition of the
United Nations Recommendations on the Transport of Dangerous
Goods, as promulgated by the International Civil Aviation
Organization (ICAO).
2.2 Category B infectious substances (UN 3373) must be
handled, packed and labelled in accordance with the provisions
listed in the Letter Post Regulations and Parcel Post
Regulations. These items shall be subject to the tariff for
priority items or the tariff for registered letters. An
additional charge for the handling of these items shall be
allowed.
2.3 Exempt patient specimens (human or animal) may be
exchanged by mail only between officially recognized senders
determined by their competent authority. These materials may be
acceptable in mail, subject to the national and international
legislation in force and the current edition of the United
Nations Recommendations on the Transport of Dangerous Goods, as
promulgated by the ICAO.
2.4 Exempt patient specimens (human or animal) must be
handled, packed and labelled in accordance with the provisions
listed in the Letter Post Regulations. These items shall be
subject to the tariff for priority items or to the tariff for
registered letters. An additional charge for the handling of
these items is allowed.
2.5 Admission of infectious substances and exempt
patient specimens (human or animal) shall be restricted to
member countries that have declared their willingness to admit
such items, whether reciprocally or in one direction only.
2.6 Permissible infectious substances and exempt patient
specimens (human or animal) shall be forwarded by the quickest
route, normally by air, subject to the payment of the
corresponding air surcharges, and shall be given priority in
delivery.
Article 17
Inquiries
1 Each designated operator shall be bound to accept
inquiries relating to parcels or registered, insured or recorded
delivery items posted in its own service or that of any other
designated operator, provided that the inquiries are presented
within a period of six months from the day after that on which
the item was posted. The transmission of inquiries shall be made
by priority mail, by EMS or by electronic means. 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 entertained under the conditions
laid down in the Regulations.
3 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 18
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 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.
Article 19
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 20
Quality of service standards and targets
1 Member countries or their designated operators shall
establish and publish delivery standards and targets for their
inward letter-post items and parcels.
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.
Chapter 2
Liability
Article 21
Liability of designated operators. Indemnities
1 General
1.1 Except for the cases
provided for in article 22, designated operators shall be liable
for:
1.1.1 the loss of, theft from or damage to registered
items, ordinary parcels and insured items;
1.1.2 the loss of recorded delivery items;
1.1.3 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.
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 Letter Post Regulations and the
Parcel Post Regulations.
1.6 In cases of liability, consequential losses or loss
of profits 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 Letter Post Regulations. If the sender has claimed an
amount less than the amount set in the Letter Post 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 Recorded
delivery items
3.1 If a recorded delivery
item is lost, totally rifled or totally damaged, the sender shall
be entitled to refund of the charges paid for posting the item
only.
4 Ordinary
parcels
4.1 If a parcel is lost,
totally rifled or totally damaged, the sender shall be entitled
to an indemnity of an amount set in the Parcel Post Regulations.
If the sender has claimed an amount less than the amount set in
the Parcel Post Regulations, designated operators may pay that
lower amount and shall receive reimbursement on this basis from
any other designated operators involved.
4.2 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.
4.3 Designated operators may agree to apply, in their
reciprocal relations, the amount per parcel set in the Parcel
Post Regulations, regardless of the weight.
5 Insured
items
5.1 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.
5.2 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.
6 If a registered or insured letter-post item is
returned and the reason for nondelivery is not given, the sender
shall be entitled to a refund of the charges paid for posting the
item only.
7 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.
8 In the cases mentioned in 2, 4 and 5, 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.
9 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
postal service and involves its liability.
10 Notwithstanding the provisions set out under 2, 4 and
5, the addressee shall be entitled to the indemnity after
delivery of a rifled or damaged registered item, ordinary parcel
or insured item.
11 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 4.1. 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 4.1 shall
remain applicable.
11.1 in the event of recourse against the designated
operator liable; or
11.2 if the sender waives his rights in favour of the
addressee or vice versa.
12 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 22
Non-liability of member countries and designated operators
1 Designated
operators shall cease to be liable for registered items, recorded
delivery 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, internal 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, internal regulations permitting, the
registered item was delivered to a private mailbox 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
13.6.9;
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, theft 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 15;
2.5 when the items have been seized under the
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 23
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 24
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. Conversely, the addressee may waive his
rights in favour of the sender. The sender or the addressee may
authorize a third party to receive the indemnity if internal
legislation allows this.
Article 25
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.
Chapter 3
Provisions specific to letter post
Article 26
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 sender and, failing this, from the designated operator of
posting, payment of the internal rates. If neither the sender nor
the designated operator of posting agrees 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
28.3 to 28.7 or 29.7, 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.
Part III
Remuneration
Chapter 1
Provisions specific to letter post
Article 27
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
18/2008, as follows:
2.1 countries and territories in the target system prior
to 2010;
2.2 countries and territories in the target system as of
2010 and 2012 (new target system countries);
2.3 countries and territories in the transitional
system.
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 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 shall make available to other designated operators the
rates, terms and conditions offered in their domestic service, on
conditions identical to those proposed to their national
customers.
4.3 Designated operators of new target system countries
may opt not to make available to other designated operators the
rates, terms and conditions offered in their domestic service on
conditions identical to those proposed to their national
customers. Those designated operators may, however, opt to make
available to a limited number of designated operators the
application of domestic conditions, on a reciprocal basis, for a
trial period of two years. After that period, they must choose
either to cease making available the application of domestic
conditions or to continue to make their own domestic conditions
available to all designated operators. However, if designated
operators of new target system countries ask designated operators
of target system countries for the application of domestic
conditions, they must make available to all designated operators
the rates, terms and conditions offered in their domestic service
on conditions identical to those proposed to their national
customers.
4.4 Designated operators of countries in the
transitional system may opt not to make available to other
designated operators the application of domestic conditions. They
may, however, opt to make available to a limited number of
designated operators the application of domestic conditions, on a
reciprocal basis, for a trial period of two years. After that
period, they must choose either to cease making available the
application of domestic conditions or to continue to make their
own domestic conditions available to all designated
operators.
5 Terminal dues remuneration shall be based on quality
of service performance in the country of destination. The Postal
Operations Council shall therefore be authorized to supplement
the remuneration in articles 28 and 29 to encourage participation
in monitoring systems and to reward designated operators for
reaching their quality targets. The Postal Operations Council may
also fix penalties in case of insufficient quality, but the
remuneration shall not be less than the minimum remuneration
according to articles 28 and 29.
6 Any designated operator may waive wholly or in part
the payment provided for under 1.
7 For M bags,
the terminal dues rate to be applied shall be 0.793 SDR per
kilogramme. M bags weighing less than 5 kilogrammes shall be
considered as weighing 5 kilogrammes for terminal dues payment
purposes.
8 For registered items th …
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