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2022. gada 15. septembra likumu: Par Pasaules Pasta konvenciju un tās Noslēguma protokolu.
Saeima ir pieņēmusi un Valsts
prezidents izsludina šādu likumu:
Par 2016. gada Pasaules Pasta
konvenciju
1. pants. 2016. gada 6. oktobrī parakstītā Pasaules
Pasta konvencija (turpmāk - Konvencija) un Pasaules Pasta
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. Ārlietu ministrija par Konvencijas un
Noslēguma protokola spēkā stāšanos paziņo oficiālajā izdevumā
"Latvijas Vēstnesis".
4. pants. Likums stājas spēkā nākamajā dienā pēc tā
izsludināšanas. Līdz ar likumu izsludināma Konvencija un
Noslēguma protokols angļu valodā un to tulkojums latviešu
valodā.
Pārejas
noteikums
Ar šā likuma spēkā stāšanos spēku zaudē likums "Par 2012.
gada Pasaules Pasta konvenciju" (Latvijas Vēstnesis, 2014,
123. nr.).
Likums Saeimā pieņemts 2018. gada 11. oktobrī.
Valsts prezidents R. Vējonis
Rīgā 2018. gada 24. oktobrī
Universal Postal Convention
Table of contents
Section I
Rules applicable in common throughout the international postal
service
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 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. Provisions applicable to mail flows
between designated operators of countries in the target
system
30 Terminal dues. Provisions applicable to flows to,
from and between designated operators of countries in the
transitional system
31 Quality of Service Fund
C. Rates for parcel post
32 Parcel post land and sea rates
D. Air conveyance dues
33 Basic rates and provisions concerning air conveyance
dues
E. Settlement of accounts
34 Provisions specific to the settlement of accounts
and payments for international postal exchanges
F. Fixing of charges and rates
35 Authority of the Postal Operations Council to fix
charges and rates
Section VIII
Optional services
36 EMS and integrated logistics
37 Electronic postal services
Section IX
Final provisions
38 Conditions of approval of proposals concerning the
Convention and the Regulations
39 Reservations at Congress
40 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 letter-post 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 letter-post 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, 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
29.5 to 29.11, 29.12 to 29.15, or 30.9, 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 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.
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.
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
paragraph 2 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 or their designated operators may provide
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 fragile and 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 grams;
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 grams
(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.
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.
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 nondelivery 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, or 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 letterpost 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, on
conditions identical to those proposed to their national
customers.
4.3 Designated operators of countries that joined the target
system from 2010 may 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 countries that joined the
target system from 2010 ask designated operators of countries
that were in the target system prior to 2010 for the application
of domestic conditions, they must make available to all
designated operators the rates, terms a …
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