2022-07-01 | BWBV0006699 | Algemeen Postverdrag
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@ -16,18 +16,18 @@ citeertitel: Algemeen Postverdrag
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**1.**
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For the purposes of the Universal Postal Convention, the following terms shall have the meanings defined below:
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For the purposes of the Convention, the following terms shall have the meanings defined below:
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1.1 letter-post item: item described in and conveyed under the conditions of the Universal Postal Convention and Regulations;
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1.2 parcel-post item: item described in and conveyed under the conditions of the Universal Postal Convention and Regulations;
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1.3 EMS item: item described in and conveyed under the conditions of the Universal Postal Convention, Regulations and associated EMS instruments;
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1.1 letter-post item: item described in and conveyed under the conditions of the Convention and Regulations;
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1.2 parcel-post item: item described in and conveyed under the conditions of the Convention and Regulations;
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1.3 EMS item: item described in and conveyed under the conditions of the Convention, Regulations and associated EMS instruments;
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1.4 documents: a letter-post, parcel-post or EMS item consisting of any piece of written, drawn, printed or digital information, excluding objects of merchandise, whose physical specifications lie within the limits specified in the Regulations;
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1.5 goods: a letter-post, parcel-post or EMS item consisting of any tangible and movable object other than money, including objects of merchandise, which does not fall under the definition of “documents” as provided in paragraph 1.4 above and whose physical specifications lie within the limits specified in the Regulations;
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1.6 closed mail: labelled receptacle(s) sealed with or without lead, containing postal items;
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1.7 misrouted mails: receptacles received at an office of exchange other than the one mentioned on the (receptacle) label;
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1.8 personal data: information needed to identify a postal service user;
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1.9 missent items: items received at an office of exchange meant for an office of exchange in another member country;
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1.10 transit charges: remuneration for services rendered by a carrier in the country crossed (designated operator, other service or combination of the two) in respect of the land, sea and/or air transit of letter post items;
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1.10 transit charges: remuneration for services rendered by a carrier in the country crossed (designated operator, other service or combination of the two) in respect of the land, sea and/or air transit of letter-post items;
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1.11 terminal dues: remuneration owed to the designated operator of the country of destination by the designated operator of the dispatching country in compensation for the costs incurred in the country of destination for letter-post items received;
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1.12 designated operator: any governmental or non-governmental entity officially designated by the member country to operate postal services and to fulfil the related obligations arising out of the Acts of the Union on its territory;
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1.13 small packet: item conveyed under the conditions of the Convention and the Regulations;
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@ -35,14 +35,14 @@ For the purposes of the Universal Postal Convention, the following terms shall h
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1.15 transit land rate: remuneration owed for services rendered by a carrier in the country crossed (designated operator, other service or combination of the two) in respect of the land and/or air transit of parcels through its territory;
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1.16 sea rate: remuneration owed for services rendered by a carrier (designated operator, other service or a combination of the two) participating in the sea conveyance of parcels;
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1.17 inquiry: a complaint or query relating to the use of a postal service submitted in accordance with the conditions of the Convention and its Regulations;
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1.18 universal postal service: the permanent provision of quality basic postal services at all points in a member country's territory, for all customers, at affordable prices;
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1.18 universal postal service: the permanent provision of quality basic postal services at all points in a member country’s territory, for all customers, at affordable prices;
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1.19 transit à découvert: open transit through an intermediate country, of items whose number or weight does not justify the make-up of closed mails for the destination country.
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### Artikel 2
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**1.** Member countries shall notify the International Bureau, within six months of the end of Congress, of the name and address of the governmental body responsible for overseeing postal affairs. Within six months of the end of Congress, member countries shall also provide the International Bureau with the name and address of the operator or operators officially designated to operate postal services and to fulfil the obligations arising from the Acts of the Union on their territory. Between Congresses, member countries shall notify the International Bureau of any changes in the governmental bodies as soon as possible. Any changes with regard to the officially designated operators shall also be notified to the International Bureau as soon as possible, and preferably at least three months prior to the entry into force of the change.
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**2.** When a member country officially designates a new operator, it shall indicate the scope of the postal services that the latter will provide under the Acts of the Union, as well as the operator's geographical coverage on its territory.
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**2.** When a member country officially designates a new operator, it shall indicate the scope of the postal services that the latter will provide under the Acts of the Union, as well as the operator’s geographical coverage on its territory.
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### Artikel 3
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@ -89,7 +89,7 @@ Postage stamps:
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Postage stamps comprise:
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3.1 the name of the member country or territory of issue, in roman letters, or, if the UPU International Bureau is so requested by the member country or territory of issue, the abbreviation or initials officially representing the member country or territory of issue, in accordance with the conditions laid down in the Regulations;1)An exception shall be granted to the United Kingdom of Great Britain and Northern Ireland, the country which invented the postage stamp.
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3.1 the name of the member country or territory of issue, in roman letters, or, if the International Bureau of the Union is so requested by the member country or territory of issue, the abbreviation or initials officially representing the member country or territory of issue, in accordance with the conditions laid down in the Regulations;5)An exception shall be granted to the United Kingdom of Great Britain and Northern Ireland, the country which invented the postage stamp.
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3.2 the face value, expressed:
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3.2.1 in principle, in the official currency of the country or territory of issue, or as a letter or symbol;
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@ -101,7 +101,7 @@ Postage stamps comprise:
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The subjects and designs of postage stamps shall:
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5.1 be in keeping with the spirit of the Preamble to the UPU Constitution and with decisions taken by the Union's bodies;
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5.1 be in keeping with the spirit of the Preamble to the Constitution and with decisions taken by the Union’s bodies;
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5.2 be closely linked to the cultural identity of the member country or territory, or contribute to the dissemination of culture or to maintaining peace;
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5.3 have, when commemorating leading figures or events not native to the member country or territory, a close bearing on the country or territory in question;
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5.4 be devoid of political character or of any topic of an offensive nature in respect of a person or a country;
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@ -113,11 +113,11 @@ The subjects and designs of postage stamps shall:
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### Artikel 7
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**1.** Member countries and/or their designated operators shall adopt and implement a proactive sustainable development strategy focusing on environmental, social and economic action at all levels of postal operations and promote sustainable development awareness.
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Member countries and/or their designated operators shall adopt and implement a proactive sustainable development strategy focusing on environmental, social and economic action at all levels of postal operations and promote sustainable development awareness.
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### Artikel 8
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**1.** Member countries and their designated operators shall observe the security requirements defined in the UPU security standards and shall adopt and implement a proactive security strategy at all levels of postal operations to maintain and enhance the confidence of the general public in the postal services provided by designated operators, in the interests of all officials involved. This strategy shall include the objectives defined in the Regulations, as well as the principle of complying with requirements for providing electronic advance data on postal items identified in implementing provisions (including the type of, and criteria for, postal items) adopted by the Council of Administration and Postal Operations Council, in accordance with UPU technical messaging standards. The strategy shall also include the exchange of information on maintaining the safe and secure transport and transit of mails between member countries and their designated operators.
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**1.** Member countries and their designated operators shall observe the security requirements defined in the Universal Postal Union’s security standards and shall adopt and implement a proactive security strategy at all levels of postal operations to maintain and enhance the confidence of the general public in the postal services provided by designated operators, in the interests of all officials involved. This strategy shall include the objectives defined in the Regulations, as well as the principle of complying with requirements for providing electronic advance data on postal items identified in implementing provisions (including the type of, and criteria for, postal items) adopted by the Council of Administration and Postal Operations Council, in accordance with the Union’s technical messaging standards. The strategy shall also include the exchange of information on maintaining the safe and secure transport and transit of mails between member countries and their designated operators.
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**2.** Any security measures applied in the international postal transport chain must be commensurate with the risks or threats that they seek to address, and must be implemented without hampering worldwide mail flows or trade by taking into consideration the specificities of the mail network. Security measures that have a potential global impact on postal operations must be implemented in an internationally coordinated and balanced manner, with the involvement of the relevant stakeholders.
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@ -186,27 +186,23 @@ Closed letter-post mails may be exchanged through the intermediary of the land,
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**1.** A designated operator shall not be bound to forward or deliver to the addressee letter-post items which senders residing in the territory of its member country post or cause to be posted in a foreign country with the object of profiting by the more favourable rate conditions there.
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**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.
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**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.
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**3.** The designated operator of destination may claim from the designated operator of posting, payment of the internal rates. If the designated operator of posting does not agree to pay these rates within a time limit set by the designated operator of destination, the latter may either return the items to the designated operator of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its national legislation.
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**4.**
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A designated operator shall not be bound to forward or deliver to the addressees letter-post items which senders post or cause to be posted in large quantities in a country other than the country where they reside if the amount of terminal dues to be received is lower than the sum that would have been received if the mail had been posted in the country where the senders reside. The designated operator of destination may claim from the designated operator of posting payment commensurate with the costs incurred and which may not exceed the higher of the following two amounts: either 80% of the domestic tariff for equivalent items, or the rates applicable pursuant to articles 29.5 to 29.11, 29.12 to 29.15, or 30.9, as appropriate.
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If the designated operator of posting does not agree to pay the amount claimed within a time limit set by the designated operator of destination, the designated operator of destination may either return the items to the designated operator of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its national legislation.
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**4.** A designated operator shall not be bound to forward or deliver to the addressees letter-post items which senders post or cause to be posted in large quantities in a country other than the country where they reside if the amount of terminal dues to be received is lower than the sum that would have been received if the mail had been posted in the country where the senders reside. The designated operator of destination may claim from the designated operator of posting payment commensurate with the costs incurred and which may not exceed the higher of the following two amounts: either 80% of the domestic tariff for equivalent items, or the rates applicable pursuant to articles 29, 30.5 to 30.11, 30.12 and 30.13, or 31.17, as appropriate. If the designated operator of posting does not agree to pay the amount claimed within a time limit set by the designated operator of destination, the designated operator of destination may either return the items to the designated operator of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its national legislation.
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### Artikel 13
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**1.** Unless otherwise provided by the Acts of the Union, only designated operators shall use UPU forms and documentation for the operation of postal services and exchange of postal items in accordance with the Acts of the Union.
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**1.** Unless otherwise provided by the Acts of the Union, only designated operators shall use the Union’s forms and documentation for the operation of postal services and exchange of postal items in accordance with the Acts of the Union.
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**2.** Designated operators may use UPU forms and documentation for the operation of extraterritorial offices of exchange (ETOEs), as well as international mail processing centres (IMPCs) established by designated operators outside their respective national territory, as further defined in paragraph 6, in order to facilitate the operation of the aforementioned postal services and exchange of postal items.
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**2.** Designated operators may use the Union’s forms and documentation for the operation of extraterritorial offices of exchange (ETOEs), as well as international mail processing centres (IMPCs) established by designated operators outside their respective national territory, as further defined in paragraph 6, in order to facilitate the operation of the aforementioned postal services and exchange of postal items.
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**3.** The exercise of the possibility outlined in paragraph 2 shall be subject to the national legislation or policy of the member country or territory in which the ETOE or IMPC is established. In this regard, and without prejudice to the designation obligations contained in article 2, designated operators shall guarantee the continued fulfilment of their obligations under the Convention and be fully responsible for all their relations with other designated operators and with the International Bureau.
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**4.** The requirement set forth in paragraph 3 shall equally apply to the destination member country for the acceptance of postal items from such ETOEs and IMPCs.
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**5.** Member countries shall inform the International Bureau on their policies with regard to postal items transmitted and/or received from ETOEs or IMPCs. Such information shall be made available on the Union's website.
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**5.** Member countries shall inform the International Bureau on their policies with regard to postal items transmitted and/or received from ETOEs or IMPCs. Such information shall be made available on the Union’s website.
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**6.** Strictly for the purposes of this article, ETOEs shall be defined as offices or facilities established for commercial purposes and operated by designated operators or under the responsibility of designated operators on the territory of a member country or territory other than their own, with the objective of drawing business in markets outside their respective national territory. IMPCs shall be defined as international mail processing facilities for the processing of international mail exchanged either in order to generate or receive mail dispatches, or to act as transit centres for international mail exchanged between other designated operators.
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@ -216,7 +212,7 @@ If the designated operator of posting does not agree to pay the amount claimed w
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### Artikel 14
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**1.** Member countries or their designated operators shall establish and publish delivery standards and targets for their inward letter-post items and parcels.
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**1.** Member countries or their designated operators shall establish, publish and update delivery standards and targets for their inward letter-post items and parcel-post items in the relevant compendia as specified in the Regulations.
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**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.
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@ -248,7 +244,7 @@ If the designated operator of posting does not agree to pay the amount claimed w
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Principle
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1.1 Cases of exemption from postal charges, as meaning exemption from postal prepayment, shall be expressly laid down by the Convention. Nonetheless, the Regulations may provide for exemption from postal prepayment, transit charges, terminal dues and inward rates for letter-post items and postal parcels sent by member countries, designated operators and Restricted Unions and relating to the postal services. Furthermore, letter-post items and postal parcels sent by the UPU International Bureau to Restricted Unions, member countries and designated operators shall be exempted from all postal charges. However, the member country of origin or its designated operator shall have the option of collecting air surcharges on the latter items.
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1.1 Cases of exemption from postal charges, as meaning exemption from postal prepayment, shall be expressly laid down by the Convention. Nonetheless, the Regulations may provide for exemption from postal prepayment, transit charges, terminal dues and inward rates for letter-post items and postal parcels sent by member countries, designated operators and Restricted Unions and relating to the postal services. Furthermore, letter-post items and postal parcels sent by the International Bureau of the Union to Restricted Unions, member countries and designated operators shall be exempted from all postal charges. However, the member country of origin or its designated operator shall have the option of collecting air surcharges on the latter items.
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**2.**
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@ -267,7 +263,7 @@ Items for the blind
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3.1 Any item for the blind sent to or by an organization for the blind or sent to or by a blind person shall be exempt from all postal charges, with the exception of air surcharges, to the extent that these items are admissible as such in the internal service of the sending designated operator.
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3.2 In this article:
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3.2.1 a blind person means a person who is registered as blind or partially sighted in his or her country or who meets the World Health Organization's definition of a blind person or a person with low vision;
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3.2.1 a blind person means a person who is registered as blind or partially sighted in his or her country or who meets the World Health Organization’s definition of a blind person or a person with low vision;
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3.2.2 an organization for the blind means an institution or association serving or officially representing blind persons;
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3.2.3 items for the blind shall include correspondence, literature in whatever format including sound recordings, and equipment or materials of any kind made or adapted to assist blind persons in overcoming the problems of blindness, as specified in the Regulations.
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@ -284,7 +280,7 @@ Letter-post items containing only documents are:
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2.1 priority items and non-priority items, up to 2 kilogrammes;
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2.2 letters, postcards and printed papers, up to 2 kilogrammes;
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2.3 items for the blind, up to 7 kilogrammes;
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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.
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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.
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**3.**
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@ -292,13 +288,13 @@ Letter-post items containing goods are:
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3.1 priority and non-priority small packets, up to 2 kilogrammes;
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3.2 items for the blind, up to 7 kilogrammes, as specified in the Regulations;
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3.3 special bags containing newspapers, periodicals, books and similar printed documentation for the same addressee at the same address called “M bags”, up to 30 kilogrammes, as specified in the Regulations.
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3.3 special bags containing newspapers, periodicals, books and similar printed documentation for the same addressee at the same address called “M bags”, up to 30 kilogrammes, as specified in the Regulations.
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**4.** Letter-post items shall be classified on the basis of both the speed of treatment of the items and the contents of the items in accordance with the Regulations.
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**5.** Within the classification systems referred to in 4, letter-post items may also be classified on the basis of their format as small letters (P), large letters (G), bulky letters (E) or small packets (E). The size and weight limits are specified in the Regulations.
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**6.** Higher weight limits than those indicated in paragraph 2 apply optionally for certain letter-post item categories under the conditions specified in the Regulations.
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**6.** Higher weight limits than those indicated in paragraphs 2 and 3 apply optionally for certain letter-post item categories under the conditions specified in the Regulations.
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**7.** Member countries shall also ensure that their designated operators accept, handle, convey and deliver parcel-post items up to 20 kilogrammes.
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@ -324,14 +320,14 @@ Member countries may ensure the provision of the following optional supplementar
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2.5 free of charges and fees delivery service for letter-post items and parcels;
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2.6 cumbersome parcels services;
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2.7 consignment service for collective items from one consignor sent abroad;
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2.8 merchandise return service, which involves the return of merchandise by the addressee to the origi- nal seller, with the latter’s authorization.
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2.8 merchandise return service, which involves the return of merchandise by the addressee to the original seller, with the latter’s authorization.
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**3.**
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The following three supplementary services have both mandatory and optional parts:
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3.1 international business reply service (IBRS), which is basically optional. All member countries or their designated operators shall, however, be obliged to operate the IBRS “return” service;
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3.2 international reply coupons, which shall be exchangeable in any member country. The sale of inter- national reply coupons is, however, optional;
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3.2 international reply coupons, which shall be exchangeable in any member country. The sale of international reply coupons is, however, optional;
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3.3 advice of delivery for registered letter-post items, parcels and insured items. All member countries or their designated operators shall admit incoming advices of delivery. The provision of an outward advice of delivery service is, however, optional.
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**4.** The description of these services and their charges are set out in the Regulations.
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@ -359,11 +355,9 @@ Where the service features below are subject to special charges in the domestic
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General
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1.1 Items not fulfilling the conditions laid down in the Convention and the Regulations shall not be admitted.
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Items sent in furtherance of a fraudulent act or with the intention of avoiding full payment of the appropriate charges shall not be admitted.
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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.
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1.2 Exceptions to the prohibitions contained in this article are set out in the Regulations.
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1.3 All member countries or their designated operators shall have the option of extending the prohibitions contained in this article, which may be applied immediately upon their inclusion in the relevant compendium.
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1.3 All member countries or their designated operators shall have the option of extending the prohibitions contained in this article, which may be applied immediately upon their inclusion in the relevant compendium. Any member country or its designated operator wishing to extend or amend the list of articles that it prohibits, or admits conditionally, as imports (or in transit) shall inform the International Bureau, which shall then update the relevant compendium accordingly.
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**2.**
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@ -412,7 +406,7 @@ Insertion of correspondence in parcels
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Coins, bank notes and other valuable articles
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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:
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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:
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6.1.1 in uninsured letter-post items;
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@ -462,7 +456,7 @@ General
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1.1 Except for the cases provided for in article 23, designated operators shall be liable for:
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1.1.1 the loss of, theft from or damage to registered items, ordinary parcels (with the exception of parcels in the e-commerce delivery category (“ECOMPRO parcels”), whose specifications are further defined in the Regulations) and insured items;
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1.1.2 the return of registered items, insured items and ordinary parcels on which the reason for nondelivery is not given.
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1.1.2 the return of registered items, insured items and ordinary parcels on which the reason for non-delivery is not given.
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1.2 Designated operators shall not be liable for items other than those mentioned in 1.1.1 and 1.1.2, nor for ECOMPRO parcels.
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1.3 In any other case not provided for in this Convention, designated operators shall not be liable.
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1.4 When the loss of or total damage to registered items, ordinary parcels and insured items is due to a case of force majeure for which indemnity is not payable, the sender shall be entitled to repayment of the charges paid for posting the item, with the exception of the insurance charge.
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@ -515,9 +509,7 @@ The designated operator of origin shall have the option of paying senders in its
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**1.**
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Designated operators shall cease to be liable for registered items, parcels and insured items which they have delivered according to the conditions laid down in their regulations for items of the same kind.
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Liability shall, however, be maintained:
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Designated operators shall cease to be liable for registered items, parcels and insured items which they have delivered according to the conditions laid down in their regulations for items of the same kind. Liability shall, however, be maintained:
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1.1 when theft or damage is discovered either prior to or at the time of delivery of the item;
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1.2 when, national regulations permitting, the addressee, or the sender if it is returned to origin, makes reservations on taking delivery of a rifled or damaged item;
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@ -532,13 +524,11 @@ Member countries and designated operators shall not be liable:
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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;
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2.3 when such loss or damage has been caused by the fault or negligence of the sender or arises from the nature of the contents;
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2.4 in the case of items that fall within the prohibitions specified in article 19;
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2.5 when the items have been seized under the national legislation of the country of destination, as
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notified by the member country or designated operator of that country;
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2.5 when the items have been seized under the national legislation of the country of destination, as notified by the member country or designated operator of that country;
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2.6 in the case of insured items which have been fraudulently insured for a sum greater than the actual value of the contents;
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2.7 when the sender has made no inquiry within six months from the day after that on which the item was posted;
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2.8 in the case of prisoner-of-war or civilian internee parcels;
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2.9 when the sender's actions may be suspected of fraudulent intent, aimed at receiving compensation.
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2.9 when the sender’s actions may be suspected of fraudulent intent, aimed at receiving compensation.
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**3.** Member countries and designated operators shall accept no liability for customs declarations in whatever form these are made or for decisions taken by the Customs on examination of items submitted to customs control.
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@ -959,21 +949,6 @@ The Postal Operations Council shall have the authority to fix the following rate
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## Deel VIII. OPTIONAL SERVICES
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### Artikel 36
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**1.**
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The Postal Operations Council shall have the authority to fix the following rates and charges, which are payable by designated operators in accordance with the conditions shown in the Regulations:
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1.1 transit charges for the handling and conveyance of letter mails through one or more intermediary countries;
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1.2 basic rates and air conveyance dues for the carriage of mail by air;
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1.3 inward land rates for the handling of all inward parcels except ECOMPRO parcels;
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1.4 transit land rates for the handling and conveyance of parcels through an intermediary country;
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1.5 sea rates for the conveyance of parcels by sea.
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1.6 outward land rates for the provision of the merchandise return service for parcels.
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**2.** Any revision made, in accordance with a methodology that ensures equitable remuneration for designated operators performing the services, must be based on reliable and representative economic and financial data. Any change decided upon shall enter into force at a date set by the Postal Operations Council.
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### Artikel 37
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**1.**
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@ -983,8 +958,6 @@ Member countries or designated operators may agree with each other to participat
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1.1 EMS, which is a postal express service for documents and merchandise, and shall whenever possible be the quickest postal service by physical means. This service may be provided on the basis of the EMS Standard Multilateral Agreement or by bilateral agreement;
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1.2 integrated logistics, which is a service that responds fully to customers’ logistical requirements and includes the phases before and after the physical transmission of goods and documents.
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## Deel IX. FINAL PROVISIONS
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### Artikel 38
|
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**1.**
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||||
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@ -996,6 +969,8 @@ Member countries or designated operators may agree with each other to participat
|
|||
1.3 electronic postal certification mark, which provides evidentiary proof of an electronic event, in a given form, at a given time, and involving one or more parties;
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1.4 electronic postal mailbox, which enables the sending of electronic messages by an authenticated mailer and the delivery and storage of electronic messages and information for the authenticated addressee.
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## Deel IX. FINAL PROVISIONS
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### Artikel 39
|
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**1.** To become effective, proposals submitted to Congress relating to this Convention must be approved by a majority of the member countries present and voting which have the right to vote. At least half of the member countries represented at Congress and having the right to vote shall be present at the time of voting.
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@ -1024,3 +999,7 @@ To become effective, proposals introduced between Congresses relating to this Co
|
|||
**5.** In principle, reservations shall be applied on a reciprocal basis between the reserving member country and the other member countries.
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||||
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**6.** Reservations to the present Convention shall be inserted in the Final Protocol to the present Convention, on the basis of proposals approved by Congress.
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||||
### Artikel 41
|
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|
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This Convention shall come into force on 1 July 2022 (with the exception of all the provisions contained in section VII, “Remuneration”, which shall come into force on 1 January 2022) and remain in force for an indefinite period.
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|
|
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Reference in a new issue