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2018. gada 11. oktobra likumu: Par 2016. gada Pasaules Pasta konvenciju.
Saeima ir pieņēmusi un Valsts
prezidents izsludina šādu likumu:
Par 2012.gada Pasaules Pasta
konvenciju
1.pants. 2012.gada 11.oktobrī parakstītā Pasaules Pasta
konvencija (turpmāk - Konvencija) un 2012.gada 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. Konvencija un Noslēguma protokols stājas spēkā
Konvencijas 40.pantā noteiktajā laikā, un Ārlietu ministrija par
to 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.
Likums Saeimā pieņemts 2014.gada 12.jūnijā.
Valsts prezidents
A.Bērziņš
Rīgā 2014.gada 27.jūnijā
Universal Postal Convention
Contents
Part I
Rules applicable in common throughout the international postal
service
Sole chapter
General provisions
Art.
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
12 Processing of personal data
Part II
Rules applicable to letter post and postal parcels
Chapter I
Provision of service
13 Basic services
14 Classification of letter-post items based on their
formats
15 Supplementary services
16 EMS and integrated logistics
17 Electronic postal services
18 Items not admitted. Prohibitions
19 Inquiries
20 Customs control. Customs duty and other fees
21 Exchange of closed mails with military units
22 Quality of service standards and targets
Chapter 2
Liability
23 Liability of designated operators. Indemnities
24 Non-liability of member countries and designated
operators
25 Sender's liability
26 Payment of indemnity
27 Possible recovery of the indemnity from the sender or the
addressee
Chapter 3
Provisions specific to letter post
28 Posting abroad of letter-post items
Part III
Remuneration
Chapter I
Provisions specific to letter post
29 Terminal dues. General provisions
30 Terminal dues. Provisions applicable to mail flows between
designated operators of countries in the target system
31 Terminal dues. Provisions applicable to flows to, from and
between designated operators of countries in the transitional
system
32 Quality of Service Fund
33 Transit charges
Chapter 2
Other provisions
34 Basic rates and provisions concerning air conveyance
dues
35 Parcel post land and sea rates
36 Authority of the Postal Operations Council to fix charges
and rates
37 Provisions specific to the settlement of accounts and
payments for international postal exchanges
Part IV
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.
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 personal data: information needed to identify a postal
service user;
1.5 missent items: items received at an office of exchange
meant for an office of exchange in another member country;
1.6 postal item: generic term referring to anything dispatched
by the Post's services (letter post, parcel post, money
orders, etc.);
1.7 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;
1.8 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;
1.9 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;
1.10 small packet: item conveyed under the conditions of the
Convention and the Letter Post Regulations;
1.11 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;
1.12 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;
1.13 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;
1.14 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;
1.15 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 and 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 items 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
18.2.1.1 or 18.3, 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 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 Letter Post Regulations.
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 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 9
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, in particular, include 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 10
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 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.
Article 12
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.
Part II
Rules applicable to letter post and
postal parcels
Chapter 1
Provision of services
Article 13
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 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 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 14
Classification of letter-post items
based on their formats
1 Within the classification systems referred to in article
13.3, letter-post items may also be classified on the basis of
their format as small letters (P), large letters (G) or bulky
letters (E). The size and weight limits are specified in the
Letter Post Regulations.
Article 15
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 express delivery service for letter-post items and
parcels;
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 grammes;
5.2 letter-post items posted after the latest time of
posting;
5.3 items posted outside normal counter opening hours;
5.4 collection at sender's address;
5.5 withdrawal of a letter-post item outside normal counter
opening hours;
5.6 poste restante;
5.7 storage for letter-post items weighing over 500 grammes,
and for parcels;
5.8 delivery of parcels, in response to the advice of
arrival;
5.9 cover against risks of force majeure.
Article 16
EMS and integrated logistics
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 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;
1.2 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.
Article 17
Electronic postal services
1 Member countries or designated operators may agree with each
other to participate in the following electronic postal services,
which are described in the Regulations:
1.1 electronic postal mail, which is an electronic postal
service involving the transmission of electronic messages and
information by designated operators;
1.2 electronic postal registered mail, which is a secure
electronic postal service that provides proof of sending and
proof of delivery of an electronic message and a secure
communication channel to the authenticated users;
1.3 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;
1.4 electronic postal mailbox, which enables the sending of
electronic messages by an authenticated mailer and the delivery
and storage of electronic messages and information for the
authenticated addressee.
Article 18
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 materiāls 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 dangerous goods specifically referred
to in the Regulations as being admissible shall be admitted.
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, 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 19
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 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 registered 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 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.
Article 21
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 22
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-toend 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 23
Liability of designated operators.
Indemnities
1 General
1.1 Except for the cases provided for in article 24,
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 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.
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 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
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 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 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.
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 Parcel
Post 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
postal service 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 24
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, 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 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 15.5.9;
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 18;
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 25
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 26
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
internal legislation allows this.
Article 27
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 28
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
30.5 to 30.9, 30.10 to 30.11, or 31.8, 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 29
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
77/2012, 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;
2.3 countries and territories in the target system as from
2014 (new target system countries);
2.4 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 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 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 30 and 31 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 30 and 31.
6 Any designated operator may waive wholly or in part the
payment provided for under 1.
7 M bags weighing less than 5 kilogrammes shall be considered
as weighing 5 kilogrammes for terminal dues payment purposes. The
terminal dues rates to be applied for M bags shall be:
7.1 for the year 2014, 0.815 SDR per kilogramme;
7.2 for the year 2015, 0.838 SDR per kilogramme;
7.3 for the year 2016, 0.861 SDR per kilogramme;
7.4 for the year 2017, 0.885 SDR per kilogramme.
8 For registered items there shall be an additional payment of
0.617 SDR per item for 2014, 0.634 SDR per item for 2015, 0.652
SDR per item for 2016 and 0.670 SDR for 2017. For insured items,
there shall be an additional payment of 1.234 SDR per item for
2014, 1.269 SDR per item for 2015, 1.305 SDR per item for 2016
and 1.342 SDR for 2017. The Postal Operations Council shall be
authorized to supplement remuneration for these and other
supplementary services where the services provided contain
additional features to be specified in the Letter Post
Regulations.
9 For registered and insured items not carrying a barcoded
identifier or carrying a barcoded identifier that is not
compliant with UPU Technical Standard S10, there shall be a
further additional payment of 0.5 SDR per item unless otherwise
bilaterally agreed.
10 For terminal dues payment purposes, letter-post items
posted in bulk by the same sender and received in the same
dispatch or in separate dispatches in accordance with the
conditions specified in the Letter Post Regulations shall be
referred to as "bulk mail". The payment for bulk mail
shall be established as provided for in articles 30 and 31.
11 Any designated operator may, by bilateral or multilateral
agreement, apply other payment systems for the settlement of
terminal dues accounts.
12 Designated operators may exchange non-priority mail on an
optional basis by applying a 10% discount to the priority
terminal dues rate.
13 The provisions applicable between designated operators of
countries in the target system shall apply to any designated
operator of a country in the transitional system which declares
that it wishes to join the target system. The Postal Operations
Council may set transitional measures …
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