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Отправлено 27 May 2010 - 02:36
UNIVERSAL POSTAL CONVENTION
The undersigned, plenipotentiaries of the Governments of the member countries of the Union, having regard to article 22, paragraph 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, paragraph 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
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.
3bis Member countries shall ensure the universal postal service is provided on a viable basis, thus guaranteeing its sustainability.
Article 1bis
Definitions
For the purposes of the Universal Postal Convention, the following terms shall have the meanings defined below:
a 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;
b closed mail: labelled bag or set of bags or other receptacles sealed with or without lead, containing postal items;
с transit a decouvert: 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;
d postal item: generic term referring to anything dispatched by the Post's services (letter post, parcel post, money orders, etc.);
e terminal dues: remuneration owed to the postal administration of destination by the dispatching postal administration in compensation for the costs incurred in the country of destination for letter-post items received;
f transit charges: remuneration for services rendered by a carrier in the country crossed (postal administration, other service or combination of the two) in respect of the land, sea and/or air transit of mails;
g inward land rate: remuneration owed to the postal administration of destination by the dispatching postal administration in compensation for the costs incurred in the country of destination for parcels received;
h transit land rate: remuneration owed for services rendered by a carrier in the country crossed (postal administration, other service or combination of the two) in respect of the land and/or air transit of parcels through its territory;
i sea rate: remuneration owed for services rendered by a carrier (postal administration, other service or a combination of the two) participating in the sea conveyance of parcels.
Article 2
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 postal administration to forward always by the quickest routes and the most secure means which it uses for its own items, closed mails and a decouvert letter-post items which are passed to it by another administration. This principle shall also apply to missent items or mails.
2 Member countries which do not participate in the exchange of letters containing perishable biological substances or radioactive substances shall have the option of not admitting these items in transit a decouvert through their territory. The same shall apply to letter-post items other than letters, postcards and literature for the blind. It shall also apply to printed papers, periodicals, magazines, small packets and M bags the content of which does not satisfy the legal requirements governing the conditions of their publication or circulation in the country crossed.
3 Freedom of transit for postal parcels to be forwarded by land and sea routes shall be limited to the territory of the countries taking part in this service.
4 Freedom of transit for air parcels shall be guaranteed throughout the territory of the Union. However, member countries which do not operate the postal parcels service shall not be required to forward air parcels by surface.
5 If a member country fails to observe the provisions regarding freedom of transit, other member countries may discontinue their postal service with that country.
Article 2bis
Designation of the entity or entities
responsible for fulfilling the obligations arising
from adherence to the Convention
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 its 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
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 12.2.1.1 or 12.3.1 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 provide for the redirection of postal items, if an addressee has changed his address, and for the return to sender of undeliverable items. The charges and other conditions are laid down in the Regulations.
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Article 4
Charges
1 The charges for the various international postal and special services shall be set by the postal administrations in accordance with the principles set out in the Convention and the Regulations. They shall in principle be related to the costs of providing these services.
2 The postal administration of origin 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 Postal administrations shall be authorized to exceed any guideline charges appearing in the Acts.
4.1 and 4.2 (Deleted.)
5 Above the minimum level of charges laid down in 3, postal administrations may allow reduced charges based on their internal legislation for letter-post items and parcels posted in their 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 postal administration shall retain the charges which it has collected.
Article 5
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 postal administrations and Restricted Unions. Furthermore, letter-post items and postal parcels sent by the UPU International Bureau to Restricted Unions and postal administrations shall be considered to items relating to the postal service and shall be exempted from all postal charges. However, the administration of origin shall have the option of collecting air surcharges on the latter items.
2 Prisoners of war and civilian internees
2.1 Letter-post items, postal parcels and postal financial services items addressed to or sent by prisoners of war, either direct or through the offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement, shall be exempt from all postal charges, with the exception of air surcharges. Belligerents apprehended and interned in a neutral country shall be classed with prisoners of war proper so far as the application of the foregoing provisions is concerned.
2.2 The provisions set out under 2.1 shall also apply to letter-post items, postal parcels and postal financial services items originating in other countries and addressed to or sent by civilian internees as defined by the Geneva Convention of 12 August 1949 relative to the protection of civilian persons in time of war, either direct or through the offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement.
2.3 The offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement shall also enjoy exemption from postal charges in respect of letter-post items, postal parcels and postal financial services items which concern the persons referred to under 2.1 and 2.2, which they send or receive, either direct or as intermediaries.
2.4 Parcels shall be admitted free of postage up to a weight of 5 kilogrammes. The weight limit shall be increased to 10 kilogrammes in the case of parcels, the contents of which cannot be split up and of parcels addressed to a camp or the prisoners' representatives there ("hommes de confiance") for distribution to the prisoners.
2.5 In the accounting between postal administrations, rates shall not be allocated for service parcels and for prisoner-of-war and civilian internee parcels, apart from the air conveyance dues applicable to air parcels.
3 Literature for the blind
3.1 Literature for the blind shall be exempt from all postal charges, with the exception of air surcharges.
Article 6
Postage stamps
1 (Deleted.)
1bis 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 (Deleted.)
2bis Postage stamps:
2bis.1 shall be issued solely by a competent issuing authority, in conformity with the Acts of the UPU. The issue of stamps shall also include putting them into circulation;
2bis.2 shall be a manifestation of sovereignty and shall constitute;
2bis.2.1 proof of prepayment of the postage corresponding to their intrinsic value when affixed to postal items, in conformity with the Acts of the Union;
2bis.2.2 a source of supplementary revenue for postal administrations, as philatelic items;
2bis.3 must be in circulation, for postal prepayment or for philatelic purposes, in the territory of origin of the issuing administration.
3bis As a manifestation of sovereignty, postage stamps shall comprise:
3bis.1 the name of the State or territory to which the issuing postal administration is subject, in roman letters;
3bis.1.1 optionally, an official emblem of the State to which the issuing postal administration is subject;
3bis.1.2 in principle, their face value in roman letters or arabic numerals;
3bis.1.3 optionally, the word "Postes" (Postage) in roman or other letters.
4bis 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.
5bis The subjects and designs of postage stamps:
5bis.1 shall be in keeping with the spirit of the Preamble to the UPU Constitution and with decisions taken by the Union's bodies;
5bis.2 shall be closely linked to the cultural identity of the country or territory to which the issuing postal administration is subject, or contribute to the dissemination of culture or to maintaining peace;
5bis.3 when commemorating leading figures or events not native to the country or territory to which the issuing postal administration is subject, shall have a close bearing on the country or territory in question;
5bis.4 should make every attempt to avoid topics or designs of an offensive nature in respect of a person or a country;
5bis.5 shall be of major significance to the country or territory to which the postal administration is subject or to that postal administration.
6bis As the subject of intellectual property rights, postage stamps may contain:
6bis.1 an indication of the issuing postal administration's entitlement to use the intellectual property rights concerned, such as:
6bis.1.1 copyright, by affixing the copyright sign © <*>, indicating ownership of the copyright and mentioning the year of issue;
--------------------------------
<*> В источнике символ состоит из знака C в окружности.
6bis.1.2 a mark registered in the territory of the member country to which the issuing postal administration is subject, by affixing the registered trademark symbol ® <*> after the mark;
--------------------------------
<*> В источнике символ состоит из знака R в окружности.
6bis.2 the name of the artist;
6bis.3 the name of the printer.
7bis Postal prepayment impressions, franking machine impressions and impressions made by a printing press or other printing or stamping process in accordance with the UPU Acts may be used only with the authorization of the postal administration.
Article 7
Postal security
1 Member countries 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 exchange of information on maintaining the safe and secure transport and transit of mails between member countries.
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Article 7bis
Environment
Member countries shall adopt and implement a proactive environment strategy at all levels of postal operations and promote environmental awareness in the postal services.
Article 8
Violations concerning postal items
1 to 1.5 (Deleted.)
1bis Member countries shall undertake to adopt the necessary measures to prevent, prosecute and punish any person found guilty of the following:
1.1bis 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;
1.2bis the insertion in postal items of objects of a paedophilic nature or of a pornographic nature using children.
Article 8bis
Violations of means of postal prepayment
and of postal payment itself
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:
1.1 postage stamps, in circulation or withdrawn from circulation;
1.2 prepayment impressions;
1.3 impressions of franking machines or printing presses;
1.4 international reply coupons.
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:
2.1 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 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;
2.3 any act of using or circulating, for postal purposes, any means of postal prepayment which has already been used;
2.4 any attempt to commit any of these violations.
Article 8ter
Reciprocity
1 As regards sanctions, no distinction shall be made between the acts outlined in article 8bis, irrespective of whether national or foreign means of postal prepayment are involved; this provision shall not be subject to any legal or conventional condition of reciprocity.
PART II. RULES APPLICABLE TO LETTER POST AND POSTAL PARCELS
Chapter 1
PROVISION OF SERVICES
Article 9
Basic services
1 Member countries shall ensure the acceptance, handling, conveyance and delivery of letter-post items.
2 Letter-post items are:
2.1 priority items and non-priority items, up to 2 kilogrammes;
2.2 letters. Postcards, printed papers and small packets, up to 2 kilogrammes;
2.3 literature for the blind, up to 7 kilogrammes;
2.4 special bags containing newspapers, periodicals, books and similar printed documentation for the same addressee at the same address called "M bags", up to 30 kilogrammes.
3 Letter-post items shall be classified on the basis either of the speed of treatment of the items or of the contents of the items in accordance with the Letter Post Regulations.
4 Higher weight limits than those indicated in § 2 apply optionally for certain letter-post categories under the conditions specified in the Letter Post Regulations.
5 Member countries shall also ensure the acceptance, handling, conveyance and delivery of 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 country whose postal administration 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 § 5, 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 10
Supplementary services
1 Member countries shall provide the following mandatory supplementary services:
1.1 registration service for outbound priority and airmail letter-post items;
1.1bis registration service for outbound non-priority and surface letter-post items to destinations for which there is no priority or airmail service;
1.1ter registration service for all inbound letter-post items.
1.2 (Deleted.)
1bis The provision of a registration service for outbound non-priority and surface letter-post items to destinations for which there is a priority or airmail service shall be optional.
2 Member countries may provide the following optional supplementary services in relations between those administrations which agreed to provide the service:
2.1 insurance for letter-post items and parcels;
2.2 recorded delivery for letter-post items;
2.3 cash-on-delivery service for letter-post items and parcels;
2.4 express delivery service for letter-post items and parcels;
2.5 delivery to the addressee in person of registered, recorded delivery or insured letter-post items;
2.6 free of charges and fees service for letter-post items and parcels;
2.7 fragile and cumbersome parcels services;
2.8 consignment service for collective items from one consignor sent abroad.
3 The following three supplementary services have both mandatory and optional parts:
3.1 international business reply service (IBRS), which is basically optional. All administrations 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.
3.2bis Advice of delivery for registered and recorded delivery letter-post items, parcels and insured items. All postal administrations shall admit incoming advices of delivery. The provision of an outward advice of delivery service is, however, optional.
4 The desсriрtion 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, postal administrations 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.
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Article 11
Electronic mail, EMS, integrated logistics and new services
1 Postal administrations may agree with each other to participate in the following services, which are described in the Regulations.
1.1 electronic mail, which is a postal service involving the electronic transmission of messages;
1.2 EMS, which is a postal express service for documents and merchandise, and shall wherever possible be the quickest postal service by physical means. Postal administrations may provide this service on the basis of the EMS Standard Multilateral Agreement or by bilateral agreement;
1.2bis integrated logistics, which is a service that responds fully to customers' logistical requirements and includes the phases before and after the physical transmission of goods and documents;
1.2ter the Electronic Post Mark, which provides evidentiary proof of an electronic event, in a given form, at a given time, and involving one or more parties.
2 Postal administrations may by mutual consent create a new service not expressly provided for in the Acts of the Union. Charges for a new service shall be laid down by each administration concerned, having regard to the expenses of operating the service.
Article 12
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.
1.2bis All postal administrations 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;
2.1.2 obscene or immoral articles;
2.1.3 articles the importation or circulation of which is prohibited in the country of destination;
2.1.4 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;
2.1.5 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 other dangerous substances
3.1 The insertion of explosive, flammable or other dangerous substances as well as radioactive materials shall be prohibited in all categories of items.
3.2 Exceptionally, the following substances and materials shall be admitted:
3.2.1 the biological substances sent in letter-post items mentioned in article 13.2;
3.2.2 the radioactive materials sent in letter-post items and postal parcels mentioned in article 13.1.
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.
4.2.2bis flies of the family Drosophilidae for biomedical research exchanged between officially recognized institutions.
4.3 Exceptionally, the following shall be admitted in parcels:
4.3.1 live animals whose conveyance by post is authorized by the postal regulations of the countries concerned.
5 Insertion of correspondence in parcels
5.1 the insertion of the articles mentioned below shall be prohibited in postal parcels:
5.1.1 documents having the character of current and personal correspondence;
5.1.2 correspondence of any kind 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 internal legislation of the countries of origin and destination permits this, such articles may be sent in a closed envelope as registered items;
6.1.1bis in uninsured parcels, except where permitted by the internal legislation of the countries of origin and destination;
6.1.2 in uninsured parcels exchanged between two countries which admit insured parcels;
6.1.2.1 in addition, any administration may prohibit the enclosure of gold bullion in insured or uninsured parcels originating from or addressed to its territory or sent in transit a decouvert across its territory; it may limit the actual value of these items.
7 Printed papers and literature for the blind
7.1 Printed papers and literature for the blind:
7.1.1 shall nor bear any insсriрtion or contain any item of correspondence;
7.1.2 shall not contain any postage stamp or form of prepayment, whether cancelled or not, or any paper representing a monetary value, except in cases where the item contains as an enclosure a card, envelope or wrapper bearing the printed address of the sender of the item or his agent in the country of posting or destination of the original item, which is prepaid for return.
8 Treatment of items wrongly admitted
8.1 The treatment of items wrongly admitted is set out in the Regulations. However, items containing articles mentioned in 2.1.1, 2.1.2 and 3.1 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 and 3.1 discovered while in transit, such items shall be handled in accordance with the national legislation of the country of transit.
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Article 13
Admissible radioactive materials and biological materials
1 Radioactive materials shall be admitted in letter-post items and parcels in relations between postal administrations which have declared their willingness to admit them either reciprocally or in one direction only under the following conditions:
1.1 radioactive materials shall be made up and packed in accordance with the respective provisions of the Regulations;
1.2 when they are sent in letter-post items, they shall be subject to the tariff for priority items or the tariff for letters and registration;
1.3 radioactive materials contained in letter-post items or postal parcels shall be forwarded by the quickest route, normally by air, subject to payment of the corresponding surcharges;
1.4 radioactive materials may be posted only by duly authorized senders.
2 Biological materials shall be admitted in letter-post items under the following conditions:
2.1 Perishable biological substances, infectious substances and solid carbon dioxide (dry ice) when used as refrigerant for infectious substances may be exchanged through mail only between officially recognized qualified laboratories. These dangerous goods may be acceptable in mail for air carriage, subject to national legislation and current Technical Instructions of the International Civil Aviation Organization (ICAO) and as reflected in the IATA Dangerous Goods Regulations.
2.2 Perishable biological substances and infectious substances made up and packed in accordance with the respective provisions of the Regulations shall be subject to the tariff for priority items or to the tariff for registered letters. An additional charge for the handling of these items is allowed.
2.3 Admission of perishable biological substances and infectious substances shall be restricted to those member countries whose postal administrations have declared their willingness to admit such items, whether reciprocally or in one direction only.
2.4 Such substances or materials shall be forwarded by the quickest route, normally by air, subject to the payment of the corresponding air surcharges and shall be given priority in delivery.
Article 14
Inquiries
1 Each postal administration shall be bound to accept inquiries relating to any item posted in the service of its own administration or any other postal administration provided that the inquiries are presented within a period of six months from the day after that on which the item was posted. The period of six months shall concern relations between claimants and postal administrations and shall not include the transmission of inquiries between postal administrations.
1.0bis However, the acceptance of inquiries about the non-receipt of ordinary letter-post items shall not be mandatory. Consequently, postal administrations which accept inquiries about the non-receipt of ordinary letter-post items shall have the option of confining their inquiries to the undeliverable items service.
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 15
Customs control. Customs duty and other fees
1 The postal administrations 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 Postal administrations which are authorized to clear items through the Customs on behalf of customers, may charge customers a customs clearance fee based on the actual costs.
4 Postal administrations 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 16
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 or air 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 postal administration of the country which has made the military unit available or to which the ships or aircraft belong.
3 In the absence of special agreement, the postal administration of the country which has made the military unit available or to which the warships or military aircraft belong shall be liable to the administrations concerned for the transit charges for the mails, the terminal dues and the air conveyance dues.
Article 17
Quality of service standards and targets
1 Administrations 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 Administrations 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 (Deleted.)
5 Postal administrations shall measure the application of quality of service standards.
Chapter 2
LIABILITY
Article 18
Liability of postal administrations. Indemnities
1 General
1.1 Except for the cases provided for in article 19, postal administrations shall be liable for:
1.1.1 the loss of, theft from or damage to registered items, ordinary parcels and insured items;
1.1.2 the loss of recorded delivery items;
1.1.2bis the return of a parcel on which the reason for non-delivery is not given.
1.1bis Postal administrations shall not be liable for items other than those mentioned in 1.1.1 and 1.1.2.
1.1ter In any other case not provided for in this Convention, postal administrations shall not be liable.
1.2 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, with the exception of the insurance charge.
1.2bis The amounts of indemnity to be paid shall not exceed the amounts mentioned in the Letter Post Regulations and the Parcel Post Regulations.
1.2ter In cases of liability, consequential losses or loss of profits shall not be taken into account in the indemnity to be paid.
1.3 All provisions regarding liability of postal administrations shall be strict, binding and complete. Postal administrations 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, administrations may pay that lower amount and shall receive reimbursement on this basis from any other administrations involved.
2.2 If a registered 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.
3 Recorded delivery items
3.1 If a recorded delivery item is lost, totally rifled or totally damaged, the sender shall be entitled to refund of the charges paid only.
4 Ordinary parcels
4.1 If a parcel is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity of an amount set in the Parcel Post Regulations. If the sender has claimed an amount less than the amount set in the Parcel Post Regulations, postal administrations may pay that lower amount and shall receive reimbursement on this basis from any other postal administrations involved.
4.2 If a parcel is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage.
4.3 Postal administrations may agree to apply, in their reciprocal relations, the amount per parcel set in the Parcel Post Regulations, regardless of the weight.
5 Insured items
5.1 If an insured item is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the insured value in SDRs.
5.2 If an insured item is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage. It may, however, in no case exceed the amount of the insured value in SDRs.
6 In the cases mentioned in 4 and 5, the indemnity shall be calculated according to the current price, converted into SDRs, of articles or goods of the same kind at the place and time at which the item was accepted for conveyance. Failing a current price, the indemnity shall be calculated according to the ordinary value of articles or goods whose value is assessed on the same basis.
7 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 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.
8 Notwithstanding the provisions set out under 2, 4 and 5, the addressee shall be entitled to the indemnity after delivery of a rifled or damaged registered item, ordinary parcel or insured item.
9 The postal administration of origin shall have the option of paying senders in its country the indemnities prescribed by its internal legislation for registered items and uninsured parcels, provided that they are not lower than those laid down in 2.1 and 4.1. The same shall apply to the postal administration of destination when the indemnity is paid to the addressee. However, the amounts laid down in 2.1 and 4.1 shall remain applicable:
9.1 in the event of recourse against the administration liable; or
9.2 if the sender waives his rights in favour of the addressee or vice versa.
9bis No reservations concerning payment of the indemnity to postal administrations may be made to this article, except in the event of bilateral agreement. The reservations made within the framework of the Final Protocol to the Beijing Postal Convention relating to payment of the indemnity shall be deleted.
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Article 19
Non-liability of postal administrations
1 Postal administrations shall cease to be liable for registered items, recorded delivery items, parcels and insured items which they have delivered according to the conditions laid down in their regulations for items of the same kind. Liability shall, however, be maintained:
1.1 when theft or damage is discovered either prior to or at the time of delivery of the item;
1.2 when, internal regulations permitting, the addressee, or the sender if it is returned to origin, makes reservations on taking delivery of a rifled or damaged item;
1.3 when, internal regulations permitting, the registered item was delivered to a private mail-box and, in the course of the inquiry, 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 delivery administration 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 Postal administrations shall not be liable:
2.1 in cases of force majeure, subject to article 10.5.9;
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, theft or damage has been caused by the fault or negligence of the sender or arises from the nature of the contents;
2.4 in the case of items that fall within the prohibitions specified in article 12;
2.5 when the items have been seized under the legislation of the country of destination, as notified by the administration 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;
2.8bis when the sender's actions may be suspected of fraudulent intent, aimed at receiving compensation.
3 Postal administrations 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 20
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 postal administrations.
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 administrations or carriers, after acceptance.
Article 21
Payment of indemnity
1 Subject to the right of recourse against the administration which is liable, the obligation to pay the indemnity and to refund the charges and fees shall rest either with the administration of origin or with the administration of destination.
2 The sender may waive his rights to the indemnity in favour of the addressee. Conversely, the addressee may waive his rights in favour of the sender. The sender or the addressee may authorize a third party to receive the indemnity if internal legislation allows this.
Article 22
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 administration or, where appropriate, administrations 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.
Article 22bis
Reciprocity applicable to reservations concerning liability
1 Notwithstanding the provisions in articles 19 to 22, any member country which reserves the right not to pay indemnity for liability shall not be entitled to receive indemnity from other member countries which accept liability under these articles.
Chapter 3
PROVISIONS SPECIFIC TO LETTER POST
Article 23
Posting abroad of letter-post items
1 A member country shall not be bound to forward or deliver to the addressee letter-post items which senders residing in its territory 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 administration of destination may claim from the sender and, failing this, from the administration of posting, payment of the internal rates. If neither the sender nor the administration of posting agrees to pay these rates within a time limit set by the administration of destination, the latter may either return the items to the administration of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its own legislation.
4 A member country 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 administration of destination may claim from the administration 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 0.14 SDR per item plus 1 SDR per kilogramme. If the administration of posting does not agree to pay the amount claimed within a time limit set by the administration of destination, the administration of destination may either return the items to the administration of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its own legislation.
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Article XVIII
Terminal dues
(Deleted.)
Article XIX
Internal air conveyance dues
(Deleted.)
Article XX
Exceptional inward land rates
1 Notwithstanding article 31, the postal administration of Afghanistan reserves the right to collect an additional exceptional inward land rate of 7.50 SDR per parcel.
Article XXI
Special tariffs
1 The postal administrations of Belgium, Norway and United States of America may collect higher land rates for air parcels than for surface parcels.
2 The postal administration of Lebanon shall be authorized to collect for parcels up to 1 kilogramme the charge applicable to parcels over 1 and up to 3 kilogrammes.
3 The postal administration of Panama (Rep.) shall be authorized to collect 0.20 SDR per kilogramme for surface airlifted (S.A.L.) parcels in transit.
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<Всемирная почтовая конвенция> [англ.]
(Вместе с <Заключительным протоколом>)
(Принята в г. Бухаресте 05.10.2004 XXIII Конгрессом Всемирного почтового союза)
The undersigned, plenipotentiaries of the Governments of the member countries of the Union, having regard to article 22, paragraph 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, paragraph 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
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.
3bis Member countries shall ensure the universal postal service is provided on a viable basis, thus guaranteeing its sustainability.
Article 1bis
Definitions
For the purposes of the Universal Postal Convention, the following terms shall have the meanings defined below:
a 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;
b closed mail: labelled bag or set of bags or other receptacles sealed with or without lead, containing postal items;
с transit a decouvert: 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;
d postal item: generic term referring to anything dispatched by the Post's services (letter post, parcel post, money orders, etc.);
e terminal dues: remuneration owed to the postal administration of destination by the dispatching postal administration in compensation for the costs incurred in the country of destination for letter-post items received;
f transit charges: remuneration for services rendered by a carrier in the country crossed (postal administration, other service or combination of the two) in respect of the land, sea and/or air transit of mails;
g inward land rate: remuneration owed to the postal administration of destination by the dispatching postal administration in compensation for the costs incurred in the country of destination for parcels received;
h transit land rate: remuneration owed for services rendered by a carrier in the country crossed (postal administration, other service or combination of the two) in respect of the land and/or air transit of parcels through its territory;
i sea rate: remuneration owed for services rendered by a carrier (postal administration, other service or a combination of the two) participating in the sea conveyance of parcels.
Article 2
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 postal administration to forward always by the quickest routes and the most secure means which it uses for its own items, closed mails and a decouvert letter-post items which are passed to it by another administration. This principle shall also apply to missent items or mails.
2 Member countries which do not participate in the exchange of letters containing perishable biological substances or radioactive substances shall have the option of not admitting these items in transit a decouvert through their territory. The same shall apply to letter-post items other than letters, postcards and literature for the blind. It shall also apply to printed papers, periodicals, magazines, small packets and M bags the content of which does not satisfy the legal requirements governing the conditions of their publication or circulation in the country crossed.
3 Freedom of transit for postal parcels to be forwarded by land and sea routes shall be limited to the territory of the countries taking part in this service.
4 Freedom of transit for air parcels shall be guaranteed throughout the territory of the Union. However, member countries which do not operate the postal parcels service shall not be required to forward air parcels by surface.
5 If a member country fails to observe the provisions regarding freedom of transit, other member countries may discontinue their postal service with that country.
Article 2bis
Designation of the entity or entities
responsible for fulfilling the obligations arising
from adherence to the Convention
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 its 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
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 12.2.1.1 or 12.3.1 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 provide for the redirection of postal items, if an addressee has changed his address, and for the return to sender of undeliverable items. The charges and other conditions are laid down in the Regulations.
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Article 4
Charges
1 The charges for the various international postal and special services shall be set by the postal administrations in accordance with the principles set out in the Convention and the Regulations. They shall in principle be related to the costs of providing these services.
2 The postal administration of origin 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 Postal administrations shall be authorized to exceed any guideline charges appearing in the Acts.
4.1 and 4.2 (Deleted.)
5 Above the minimum level of charges laid down in 3, postal administrations may allow reduced charges based on their internal legislation for letter-post items and parcels posted in their 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 postal administration shall retain the charges which it has collected.
Article 5
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 postal administrations and Restricted Unions. Furthermore, letter-post items and postal parcels sent by the UPU International Bureau to Restricted Unions and postal administrations shall be considered to items relating to the postal service and shall be exempted from all postal charges. However, the administration of origin shall have the option of collecting air surcharges on the latter items.
2 Prisoners of war and civilian internees
2.1 Letter-post items, postal parcels and postal financial services items addressed to or sent by prisoners of war, either direct or through the offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement, shall be exempt from all postal charges, with the exception of air surcharges. Belligerents apprehended and interned in a neutral country shall be classed with prisoners of war proper so far as the application of the foregoing provisions is concerned.
2.2 The provisions set out under 2.1 shall also apply to letter-post items, postal parcels and postal financial services items originating in other countries and addressed to or sent by civilian internees as defined by the Geneva Convention of 12 August 1949 relative to the protection of civilian persons in time of war, either direct or through the offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement.
2.3 The offices mentioned in the Regulations of the Convention and of the Postal Payment Services Agreement shall also enjoy exemption from postal charges in respect of letter-post items, postal parcels and postal financial services items which concern the persons referred to under 2.1 and 2.2, which they send or receive, either direct or as intermediaries.
2.4 Parcels shall be admitted free of postage up to a weight of 5 kilogrammes. The weight limit shall be increased to 10 kilogrammes in the case of parcels, the contents of which cannot be split up and of parcels addressed to a camp or the prisoners' representatives there ("hommes de confiance") for distribution to the prisoners.
2.5 In the accounting between postal administrations, rates shall not be allocated for service parcels and for prisoner-of-war and civilian internee parcels, apart from the air conveyance dues applicable to air parcels.
3 Literature for the blind
3.1 Literature for the blind shall be exempt from all postal charges, with the exception of air surcharges.
Article 6
Postage stamps
1 (Deleted.)
1bis 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 (Deleted.)
2bis Postage stamps:
2bis.1 shall be issued solely by a competent issuing authority, in conformity with the Acts of the UPU. The issue of stamps shall also include putting them into circulation;
2bis.2 shall be a manifestation of sovereignty and shall constitute;
2bis.2.1 proof of prepayment of the postage corresponding to their intrinsic value when affixed to postal items, in conformity with the Acts of the Union;
2bis.2.2 a source of supplementary revenue for postal administrations, as philatelic items;
2bis.3 must be in circulation, for postal prepayment or for philatelic purposes, in the territory of origin of the issuing administration.
3bis As a manifestation of sovereignty, postage stamps shall comprise:
3bis.1 the name of the State or territory to which the issuing postal administration is subject, in roman letters;
3bis.1.1 optionally, an official emblem of the State to which the issuing postal administration is subject;
3bis.1.2 in principle, their face value in roman letters or arabic numerals;
3bis.1.3 optionally, the word "Postes" (Postage) in roman or other letters.
4bis 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.
5bis The subjects and designs of postage stamps:
5bis.1 shall be in keeping with the spirit of the Preamble to the UPU Constitution and with decisions taken by the Union's bodies;
5bis.2 shall be closely linked to the cultural identity of the country or territory to which the issuing postal administration is subject, or contribute to the dissemination of culture or to maintaining peace;
5bis.3 when commemorating leading figures or events not native to the country or territory to which the issuing postal administration is subject, shall have a close bearing on the country or territory in question;
5bis.4 should make every attempt to avoid topics or designs of an offensive nature in respect of a person or a country;
5bis.5 shall be of major significance to the country or territory to which the postal administration is subject or to that postal administration.
6bis As the subject of intellectual property rights, postage stamps may contain:
6bis.1 an indication of the issuing postal administration's entitlement to use the intellectual property rights concerned, such as:
6bis.1.1 copyright, by affixing the copyright sign © <*>, indicating ownership of the copyright and mentioning the year of issue;
--------------------------------
<*> В источнике символ состоит из знака C в окружности.
6bis.1.2 a mark registered in the territory of the member country to which the issuing postal administration is subject, by affixing the registered trademark symbol ® <*> after the mark;
--------------------------------
<*> В источнике символ состоит из знака R в окружности.
6bis.2 the name of the artist;
6bis.3 the name of the printer.
7bis Postal prepayment impressions, franking machine impressions and impressions made by a printing press or other printing or stamping process in accordance with the UPU Acts may be used only with the authorization of the postal administration.
Article 7
Postal security
1 Member countries 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 exchange of information on maintaining the safe and secure transport and transit of mails between member countries.
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Article 7bis
Environment
Member countries shall adopt and implement a proactive environment strategy at all levels of postal operations and promote environmental awareness in the postal services.
Article 8
Violations concerning postal items
1 to 1.5 (Deleted.)
1bis Member countries shall undertake to adopt the necessary measures to prevent, prosecute and punish any person found guilty of the following:
1.1bis 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;
1.2bis the insertion in postal items of objects of a paedophilic nature or of a pornographic nature using children.
Article 8bis
Violations of means of postal prepayment
and of postal payment itself
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:
1.1 postage stamps, in circulation or withdrawn from circulation;
1.2 prepayment impressions;
1.3 impressions of franking machines or printing presses;
1.4 international reply coupons.
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:
2.1 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 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;
2.3 any act of using or circulating, for postal purposes, any means of postal prepayment which has already been used;
2.4 any attempt to commit any of these violations.
Article 8ter
Reciprocity
1 As regards sanctions, no distinction shall be made between the acts outlined in article 8bis, irrespective of whether national or foreign means of postal prepayment are involved; this provision shall not be subject to any legal or conventional condition of reciprocity.
PART II. RULES APPLICABLE TO LETTER POST AND POSTAL PARCELS
Chapter 1
PROVISION OF SERVICES
Article 9
Basic services
1 Member countries shall ensure the acceptance, handling, conveyance and delivery of letter-post items.
2 Letter-post items are:
2.1 priority items and non-priority items, up to 2 kilogrammes;
2.2 letters. Postcards, printed papers and small packets, up to 2 kilogrammes;
2.3 literature for the blind, up to 7 kilogrammes;
2.4 special bags containing newspapers, periodicals, books and similar printed documentation for the same addressee at the same address called "M bags", up to 30 kilogrammes.
3 Letter-post items shall be classified on the basis either of the speed of treatment of the items or of the contents of the items in accordance with the Letter Post Regulations.
4 Higher weight limits than those indicated in § 2 apply optionally for certain letter-post categories under the conditions specified in the Letter Post Regulations.
5 Member countries shall also ensure the acceptance, handling, conveyance and delivery of 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 country whose postal administration 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 § 5, 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 10
Supplementary services
1 Member countries shall provide the following mandatory supplementary services:
1.1 registration service for outbound priority and airmail letter-post items;
1.1bis registration service for outbound non-priority and surface letter-post items to destinations for which there is no priority or airmail service;
1.1ter registration service for all inbound letter-post items.
1.2 (Deleted.)
1bis The provision of a registration service for outbound non-priority and surface letter-post items to destinations for which there is a priority or airmail service shall be optional.
2 Member countries may provide the following optional supplementary services in relations between those administrations which agreed to provide the service:
2.1 insurance for letter-post items and parcels;
2.2 recorded delivery for letter-post items;
2.3 cash-on-delivery service for letter-post items and parcels;
2.4 express delivery service for letter-post items and parcels;
2.5 delivery to the addressee in person of registered, recorded delivery or insured letter-post items;
2.6 free of charges and fees service for letter-post items and parcels;
2.7 fragile and cumbersome parcels services;
2.8 consignment service for collective items from one consignor sent abroad.
3 The following three supplementary services have both mandatory and optional parts:
3.1 international business reply service (IBRS), which is basically optional. All administrations 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.
3.2bis Advice of delivery for registered and recorded delivery letter-post items, parcels and insured items. All postal administrations shall admit incoming advices of delivery. The provision of an outward advice of delivery service is, however, optional.
4 The desсriрtion 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, postal administrations 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.
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Article 11
Electronic mail, EMS, integrated logistics and new services
1 Postal administrations may agree with each other to participate in the following services, which are described in the Regulations.
1.1 electronic mail, which is a postal service involving the electronic transmission of messages;
1.2 EMS, which is a postal express service for documents and merchandise, and shall wherever possible be the quickest postal service by physical means. Postal administrations may provide this service on the basis of the EMS Standard Multilateral Agreement or by bilateral agreement;
1.2bis integrated logistics, which is a service that responds fully to customers' logistical requirements and includes the phases before and after the physical transmission of goods and documents;
1.2ter the Electronic Post Mark, which provides evidentiary proof of an electronic event, in a given form, at a given time, and involving one or more parties.
2 Postal administrations may by mutual consent create a new service not expressly provided for in the Acts of the Union. Charges for a new service shall be laid down by each administration concerned, having regard to the expenses of operating the service.
Article 12
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.
1.2bis All postal administrations 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;
2.1.2 obscene or immoral articles;
2.1.3 articles the importation or circulation of which is prohibited in the country of destination;
2.1.4 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;
2.1.5 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 other dangerous substances
3.1 The insertion of explosive, flammable or other dangerous substances as well as radioactive materials shall be prohibited in all categories of items.
3.2 Exceptionally, the following substances and materials shall be admitted:
3.2.1 the biological substances sent in letter-post items mentioned in article 13.2;
3.2.2 the radioactive materials sent in letter-post items and postal parcels mentioned in article 13.1.
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.
4.2.2bis flies of the family Drosophilidae for biomedical research exchanged between officially recognized institutions.
4.3 Exceptionally, the following shall be admitted in parcels:
4.3.1 live animals whose conveyance by post is authorized by the postal regulations of the countries concerned.
5 Insertion of correspondence in parcels
5.1 the insertion of the articles mentioned below shall be prohibited in postal parcels:
5.1.1 documents having the character of current and personal correspondence;
5.1.2 correspondence of any kind 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 internal legislation of the countries of origin and destination permits this, such articles may be sent in a closed envelope as registered items;
6.1.1bis in uninsured parcels, except where permitted by the internal legislation of the countries of origin and destination;
6.1.2 in uninsured parcels exchanged between two countries which admit insured parcels;
6.1.2.1 in addition, any administration may prohibit the enclosure of gold bullion in insured or uninsured parcels originating from or addressed to its territory or sent in transit a decouvert across its territory; it may limit the actual value of these items.
7 Printed papers and literature for the blind
7.1 Printed papers and literature for the blind:
7.1.1 shall nor bear any insсriрtion or contain any item of correspondence;
7.1.2 shall not contain any postage stamp or form of prepayment, whether cancelled or not, or any paper representing a monetary value, except in cases where the item contains as an enclosure a card, envelope or wrapper bearing the printed address of the sender of the item or his agent in the country of posting or destination of the original item, which is prepaid for return.
8 Treatment of items wrongly admitted
8.1 The treatment of items wrongly admitted is set out in the Regulations. However, items containing articles mentioned in 2.1.1, 2.1.2 and 3.1 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 and 3.1 discovered while in transit, such items shall be handled in accordance with the national legislation of the country of transit.
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Article 13
Admissible radioactive materials and biological materials
1 Radioactive materials shall be admitted in letter-post items and parcels in relations between postal administrations which have declared their willingness to admit them either reciprocally or in one direction only under the following conditions:
1.1 radioactive materials shall be made up and packed in accordance with the respective provisions of the Regulations;
1.2 when they are sent in letter-post items, they shall be subject to the tariff for priority items or the tariff for letters and registration;
1.3 radioactive materials contained in letter-post items or postal parcels shall be forwarded by the quickest route, normally by air, subject to payment of the corresponding surcharges;
1.4 radioactive materials may be posted only by duly authorized senders.
2 Biological materials shall be admitted in letter-post items under the following conditions:
2.1 Perishable biological substances, infectious substances and solid carbon dioxide (dry ice) when used as refrigerant for infectious substances may be exchanged through mail only between officially recognized qualified laboratories. These dangerous goods may be acceptable in mail for air carriage, subject to national legislation and current Technical Instructions of the International Civil Aviation Organization (ICAO) and as reflected in the IATA Dangerous Goods Regulations.
2.2 Perishable biological substances and infectious substances made up and packed in accordance with the respective provisions of the Regulations shall be subject to the tariff for priority items or to the tariff for registered letters. An additional charge for the handling of these items is allowed.
2.3 Admission of perishable biological substances and infectious substances shall be restricted to those member countries whose postal administrations have declared their willingness to admit such items, whether reciprocally or in one direction only.
2.4 Such substances or materials shall be forwarded by the quickest route, normally by air, subject to the payment of the corresponding air surcharges and shall be given priority in delivery.
Article 14
Inquiries
1 Each postal administration shall be bound to accept inquiries relating to any item posted in the service of its own administration or any other postal administration provided that the inquiries are presented within a period of six months from the day after that on which the item was posted. The period of six months shall concern relations between claimants and postal administrations and shall not include the transmission of inquiries between postal administrations.
1.0bis However, the acceptance of inquiries about the non-receipt of ordinary letter-post items shall not be mandatory. Consequently, postal administrations which accept inquiries about the non-receipt of ordinary letter-post items shall have the option of confining their inquiries to the undeliverable items service.
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 15
Customs control. Customs duty and other fees
1 The postal administrations 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 Postal administrations which are authorized to clear items through the Customs on behalf of customers, may charge customers a customs clearance fee based on the actual costs.
4 Postal administrations 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 16
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 or air 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 postal administration of the country which has made the military unit available or to which the ships or aircraft belong.
3 In the absence of special agreement, the postal administration of the country which has made the military unit available or to which the warships or military aircraft belong shall be liable to the administrations concerned for the transit charges for the mails, the terminal dues and the air conveyance dues.
Article 17
Quality of service standards and targets
1 Administrations 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 Administrations 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 (Deleted.)
5 Postal administrations shall measure the application of quality of service standards.
Chapter 2
LIABILITY
Article 18
Liability of postal administrations. Indemnities
1 General
1.1 Except for the cases provided for in article 19, postal administrations shall be liable for:
1.1.1 the loss of, theft from or damage to registered items, ordinary parcels and insured items;
1.1.2 the loss of recorded delivery items;
1.1.2bis the return of a parcel on which the reason for non-delivery is not given.
1.1bis Postal administrations shall not be liable for items other than those mentioned in 1.1.1 and 1.1.2.
1.1ter In any other case not provided for in this Convention, postal administrations shall not be liable.
1.2 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, with the exception of the insurance charge.
1.2bis The amounts of indemnity to be paid shall not exceed the amounts mentioned in the Letter Post Regulations and the Parcel Post Regulations.
1.2ter In cases of liability, consequential losses or loss of profits shall not be taken into account in the indemnity to be paid.
1.3 All provisions regarding liability of postal administrations shall be strict, binding and complete. Postal administrations 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, administrations may pay that lower amount and shall receive reimbursement on this basis from any other administrations involved.
2.2 If a registered 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.
3 Recorded delivery items
3.1 If a recorded delivery item is lost, totally rifled or totally damaged, the sender shall be entitled to refund of the charges paid only.
4 Ordinary parcels
4.1 If a parcel is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity of an amount set in the Parcel Post Regulations. If the sender has claimed an amount less than the amount set in the Parcel Post Regulations, postal administrations may pay that lower amount and shall receive reimbursement on this basis from any other postal administrations involved.
4.2 If a parcel is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage.
4.3 Postal administrations may agree to apply, in their reciprocal relations, the amount per parcel set in the Parcel Post Regulations, regardless of the weight.
5 Insured items
5.1 If an insured item is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the insured value in SDRs.
5.2 If an insured item is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage. It may, however, in no case exceed the amount of the insured value in SDRs.
6 In the cases mentioned in 4 and 5, the indemnity shall be calculated according to the current price, converted into SDRs, of articles or goods of the same kind at the place and time at which the item was accepted for conveyance. Failing a current price, the indemnity shall be calculated according to the ordinary value of articles or goods whose value is assessed on the same basis.
7 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 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.
8 Notwithstanding the provisions set out under 2, 4 and 5, the addressee shall be entitled to the indemnity after delivery of a rifled or damaged registered item, ordinary parcel or insured item.
9 The postal administration of origin shall have the option of paying senders in its country the indemnities prescribed by its internal legislation for registered items and uninsured parcels, provided that they are not lower than those laid down in 2.1 and 4.1. The same shall apply to the postal administration of destination when the indemnity is paid to the addressee. However, the amounts laid down in 2.1 and 4.1 shall remain applicable:
9.1 in the event of recourse against the administration liable; or
9.2 if the sender waives his rights in favour of the addressee or vice versa.
9bis No reservations concerning payment of the indemnity to postal administrations may be made to this article, except in the event of bilateral agreement. The reservations made within the framework of the Final Protocol to the Beijing Postal Convention relating to payment of the indemnity shall be deleted.
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Article 19
Non-liability of postal administrations
1 Postal administrations shall cease to be liable for registered items, recorded delivery items, parcels and insured items which they have delivered according to the conditions laid down in their regulations for items of the same kind. Liability shall, however, be maintained:
1.1 when theft or damage is discovered either prior to or at the time of delivery of the item;
1.2 when, internal regulations permitting, the addressee, or the sender if it is returned to origin, makes reservations on taking delivery of a rifled or damaged item;
1.3 when, internal regulations permitting, the registered item was delivered to a private mail-box and, in the course of the inquiry, 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 delivery administration 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 Postal administrations shall not be liable:
2.1 in cases of force majeure, subject to article 10.5.9;
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, theft or damage has been caused by the fault or negligence of the sender or arises from the nature of the contents;
2.4 in the case of items that fall within the prohibitions specified in article 12;
2.5 when the items have been seized under the legislation of the country of destination, as notified by the administration 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;
2.8bis when the sender's actions may be suspected of fraudulent intent, aimed at receiving compensation.
3 Postal administrations 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 20
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 postal administrations.
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 administrations or carriers, after acceptance.
Article 21
Payment of indemnity
1 Subject to the right of recourse against the administration which is liable, the obligation to pay the indemnity and to refund the charges and fees shall rest either with the administration of origin or with the administration of destination.
2 The sender may waive his rights to the indemnity in favour of the addressee. Conversely, the addressee may waive his rights in favour of the sender. The sender or the addressee may authorize a third party to receive the indemnity if internal legislation allows this.
Article 22
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 administration or, where appropriate, administrations 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.
Article 22bis
Reciprocity applicable to reservations concerning liability
1 Notwithstanding the provisions in articles 19 to 22, any member country which reserves the right not to pay indemnity for liability shall not be entitled to receive indemnity from other member countries which accept liability under these articles.
Chapter 3
PROVISIONS SPECIFIC TO LETTER POST
Article 23
Posting abroad of letter-post items
1 A member country shall not be bound to forward or deliver to the addressee letter-post items which senders residing in its territory 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 administration of destination may claim from the sender and, failing this, from the administration of posting, payment of the internal rates. If neither the sender nor the administration of posting agrees to pay these rates within a time limit set by the administration of destination, the latter may either return the items to the administration of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its own legislation.
4 A member country 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 administration of destination may claim from the administration 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 0.14 SDR per item plus 1 SDR per kilogramme. If the administration of posting does not agree to pay the amount claimed within a time limit set by the administration of destination, the administration of destination may either return the items to the administration of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its own legislation.
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Article XVIII
Terminal dues
(Deleted.)
Article XIX
Internal air conveyance dues
(Deleted.)
Article XX
Exceptional inward land rates
1 Notwithstanding article 31, the postal administration of Afghanistan reserves the right to collect an additional exceptional inward land rate of 7.50 SDR per parcel.
Article XXI
Special tariffs
1 The postal administrations of Belgium, Norway and United States of America may collect higher land rates for air parcels than for surface parcels.
2 The postal administration of Lebanon shall be authorized to collect for parcels up to 1 kilogramme the charge applicable to parcels over 1 and up to 3 kilogrammes.
3 The postal administration of Panama (Rep.) shall be authorized to collect 0.20 SDR per kilogramme for surface airlifted (S.A.L.) parcels in transit.
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<Всемирная почтовая конвенция> [англ.]
(Вместе с <Заключительным протоколом>)
(Принята в г. Бухаресте 05.10.2004 XXIII Конгрессом Всемирного почтового союза)
#3
Отправлено 27 May 2010 - 10:15
Спасибо. Однако остается вопрос каков ее статус в РФ и где русский текст, который обязан существовать.
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