ACTSOF THE UNIVERSAL POSTAL UNION("Off. Herald of RS - Treaties", No. 12/2019) |
TENTH ADDITIONAL PROTOCOL TO THE CONSTITUTION
OF THE UNIVERSAL POSTAL UNION
The plenipotentiaries of the governments of the member countries of the Universal Postal Union, having met in Extraordinary Congress at Addis Ababa, in view of article 30.2 of the Constitution of the Universal Postal Union concluded at Vienna on 10 July 1964, have adopted, subject to ratification, the following amendments to that Constitution.
Article I
(Art. 1 amended)
Scope and objectives of the Union
1 The countries adopting this Constitution shall form, under the intergovernmental organization entitled the Universal Postal Union, a single postal territory for the reciprocal exchange of postal items. Freedom of transit shall be guaranteed throughout the entire territory of the Union, subject to the conditions specified in the Acts of the Union.
2 The aim of the Union shall be to secure the organization and improvement of the postal services and to promote in this sphere the development of international collaboration.
3 The Union shall take part, as far as possible, in postal technical assistance sought by its member countries.
Article II
(Art. 8 amended)
Restricted Unions. Special Agreements
1 Member countries, or their designated operators if the legislation of those member countries so permits, may establish Restricted Unions and make Special Agreements concerning the international postal service, provided always that they do not introduce provisions less favourable to the public than those provided for by the Acts to which the member countries concerned are parties.
2 Restricted Unions may send observers to Congresses, to the Council of Administration, to the Postal Operations Council, and to other conferences and meetings organized by the Union.
3 The Union may send observers to Congresses, conferences and meetings of Restricted Unions.
Article III
(Art. 18 amended)
1 The Postal Operations Council (POC) shall be responsible for operational, commercial, technical and economic questions concerning the postal service.
2 Members of the Postal Operations Council shall carry out their functions in the name and in the interests of the Union.
Article IV
Entry into force and duration of the Additional Protocol to the Constitution of the Universal Postal Union
1 This Additional Protocol shall come into force on 1 July 2019 and shall remain in force for an indefinite period.
In witness whereof the plenipotentiaries of the governments of the member countries have drawn up this Additional Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the Constitution itself, and they have signed it in a single original which shall be deposited with the Director General of the International Bureau. A copy thereof shall be delivered to each party by the International Bureau of the Universal Postal Union.
Done at Addis Ababa, 7 September 2018.
SECOND ADDITIONAL PROTOCOL TO THE GENERAL REGULATIONS OF THE UNIVERSAL POSTAL UNION
The plenipotentiaries of the governments of the member countries of the Universal Postal Union, having met in Extraordinary Congress at Addis Ababa, in view of article 22.2 of the Constitution concluded at Vienna on 10 July 1964, have, by common consent and subject to article 25.4 of the Constitution, adopted the following amendments to the General Regulations.
Article I
(Art. 103 amended)
1 On the basis of proposals by member countries, the Council of Administration and the Postal Operations Council, Congress shall:
1.1 determine the general principles for achieving the object and purpose of the Union set out in the Preamble and article 1 of the Constitution;
1.2 consider and adopt, where appropriate, proposals for amendments to the Constitution, General Regulations, Convention and Agreements submitted by member countries and the Councils, in accordance with article 29 of the Constitution and article 138 of the General Regulations;
1.3 set the date for the entry into force of the Acts;
1.4 adopt its Rules of Procedure and the amendments to those Rules;
1.5 consider the comprehensive reports on the work of the Council of Administration, the Postal Operations Council and the Consultative Committee, covering the period from the previous Congress, presented by these respective bodies in accordance with articles 111, 117 and 125 of the General Regulations;
1.6 adopt the Union’s strategy;
1.6 bis approve the draft quadrennial UPU business plan;
1.7 fix the maximum amount of the Union’s expenditure, in accordance with article 21 of the Constitution;
1.8 elect the member countries to sit on the Council of Administration and the Postal Operations Council, in accordance with, inter alia, the electoral procedures laid down in the Congress resolutions pertaining to this matter;
1.9 elect the Director General and Deputy Director General;
1.10 set in a Congress resolution the ceiling of the costs to be borne by the Union for the production of documents in Chinese, German, Portuguese and Russian.
2 Congress, as the supreme body of the Union, shall deal with such other questions concerning postal services.
Article II
(Art. 104 amended)
Rules of Procedure of Congresses
1 For the organization of its work and the conduct of its debates, Congress shall apply its Rules of Procedure.
2 Each Congress may amend its Rules of Procedure under the conditions laid down in those Rules of Procedure.
3 Paragraphs 1 and 2 shall also be applicable by analogy to Extraordinary Congresses.
Article III
(Art. 105 amended)
Observers to the Union’s bodies
1 The following entities shall be invited to participate in the plenary sessions and committee meetings of Congress, the Council of Administration and the Postal Operations Council as observers:
1.1 the United Nations;
1.2 Restricted Unions;
1.3 members of the Consultative Committee;
1.4 entities authorized to attend Union meetings as observers by virtue of a resolution or decision of Congress.
2 The following entities, if duly designated by the Council of Administration in accordance with article 107.1.12 shall be invited to attend specific meetings of Congress as ad hoc observers:
2.1 specialized agencies of the United Nations and other intergovernmental organizations;
2.2 any international body, any association or enterprise, or any qualified person.
3 In addition to the observers defined in paragraph 1 of this article, the Council of Administration and the Postal Operations Council may designate ad hoc observers to attend their meetings in accordance with their Rules of Procedure, when this is in the interests of the Union and its bodies.
Article IV
(Art. 106 amended)
Composition and functioning of the CA
1 The Council of Administration shall consist of forty-one members who shall exercise their functions during the period between two successive Congresses.
2 The chairmanship shall devolve by right on the host member country of Congress. If that member country waives this right, it shall become a de jure member and, as a result, the geographical group to which it belongs shall have at its disposal an additional seat, to which the restrictive provisions of paragraph 3 shall not apply. In that case, the Council of Administration shall elect to the chairmanship one of the members belonging to the geographical group of the host member country.
3 The forty other members of the Council of Administration shall be elected by Congress on the basis of an equitable geographical distribution. At least a half of the membership is renewed at each Congress; no member country may be chosen by three successive Congresses.
4 Each member of the Council of Administration shall appoint its representative(s). The members of the Council of Administration shall take an active part in its work.
5 The office of member of the Council of Administration shall be unpaid. The operational expenses of this Council shall be borne by the Union.
6 The CA shall define, formalize and/or up the standing groups and task forces or other bodies to be established within its structure, with due regard being paid to the Union’s strategy and business plan adopted by Congress.
Article V
(Art. 107 amended)
1 The Council of Administration shall have the following functions:
1.1 Supervises all the activities of the Union between Congresses, ensuring compliance with the deci- sions of Congress, studying questions with respect to governmental policies on postal issues, and taking account of international regulatory developments such as those relating to trade in services and to competition.
1.2 Promotes, coordinates and supervises all forms of postal technical assistance within the framework of international technical cooperation.
1.3 Examines the draft quadrennial UPU business plan approved by Congress, and finalizes it by bringing the activities set out in the draft plan for the four-year period into line with the actual resources available. The plan should also, if appropriate, be in line with the results of the prioritization process carried out by Congress. The finalized version of the quadrennial business plan, completed and approved by the CA, will then form the basis for the preparation of the annual UPU Programme and Budget as well as for the annual operating plans to be drawn up and implemented by the CA and POC.
1.4 Considers and approves the annual programme and budget and the accounts of the Union, while taking into account the final version of the UPU Business Plan, as described in article 107.1.3.
1.5 Authorizes the ceiling of expenditure to be exceeded, if circumstances so require, in accordance with article 145.3 to 5.
1.6 Authorizes election of a lower contribution class, if it is so requested, in accordance with the conditions set out in article 150.6.
1.7 Authorizes a change of geographical group if it is so requested by a member country, taking into account the views expressed by the member countries which are members of the geographical groups concerned.
1.8 Creates or abolishes International Bureau posts financed by the regular budget, taking into account the restrictions imposed by the expenditure ceiling fixed.
1.9 Decides on the contacts to be established with member countries in order to carry out its functions.
1.10 After consulting the Postal Operations Council, decides on the relations to be established with the organizations which are not observers within the meaning of article 105.1 and 105.2.1.
1.11 Considers the reports by the International Bureau on UPU relations with other international bodies and takes the decisions which it considers appropriate on the conduct of such relations and the action to be taken on them.
1.12 Designates in due course, after consulting the Postal Operations Council and the Secretary General, the specialized agencies of the United Nations, international organizations, associations, enterprises and qualified persons to be invited as ad hoc observers to specific meetings of Congress and its Committees when this is in the interest of the Union or the work of the Congress and instructs the Director General of the International Bureau to issue the necessary invitations.
1.13 Designates the member country where the next Congress is to be held in the case provided for in article 101.3.
1.14 Determines in due course and after consulting the Postal Operations Council the number of Committees required to carry out the work of Congress, and specifies their functions.
1.15 Designates, after consulting the Postal Operations Council and subject to the approval of Congress, the member countries prepared:
1.15.1 to assume the vice-chairmanships of Congress and the chairmanships and vice-chairmanships of the Committees, taking as much account as possible of the equitable geographical distribution of the member countries; and
1.15.2 to sit on the Restricted Committees of the Congress.
1.16 Designates those of its members that will serve as members of the Consultative Committee.
1.17 Considers and approves, within the framework of its competence, any action considered necessary to safeguard and enhance the quality of and to modernize the international postal service.
1.18 Studies, at the request of Congress, the Postal Operations Council or member countries, administrative, legislative and legal problems concerning the Union or the international postal service; it shall be for the Council of Administration to decide, in the above-mentioned fields, whether it is expedient to undertake the studies requested by member countries between Congresses.
1.19 Formulates proposals which shall be submitted for the approval either of Congress or of member countries in accordance with article 140.
1.20 Submits subjects for study to the Postal Operations Council for examination in accordance with article 113.1.6.
1.21 Reviews and approves, in consultation with the Postal Operations Council, the draft Strategy for presentation to Congress.
1.22 Receives and discusses reports and recommendations from the Consultative Committee and considers recommendations from the Consultative Committee for submission to Congress.
1.23 Provides control over the activities of the International Bureau.
1.24 Approves the annual report on the work of the Union and the annual Financial Operating Reports prepared by the International Bureau and, where appropriate, furnishes observations on them.
1.25 Establishes principles, as may be considered necessary, for the Postal Operations Council to take into account in its study of questions with major financial repercussions (charges, terminal dues, transit charges, basic airmail conveyance rates and the posting abroad of letter-post items), follows closely the study of these questions, and reviews and approves, for conformity with the aforemen- tioned principles, Postal Operations Council proposals relating to these questions.
1.26 Approves, within the framework of its competence, the recommendations of the Postal Operations Council for the adoption, if necessary, of regulations or of a new procedure until such time as Congress takes a decision in the matter.
1.27 Considers the annual report prepared by the Postal Operations Council and any proposals submitted by the Council.
1.28 Approves the four-yearly report prepared by the International Bureau in consultation with the Postal Operations Council, on the performance of member countries in respect of the execution of the Union Strategy approved by the preceding Congress, for submission to the following Congress.
1.29 Establishes the framework for the organization of the Consultative Committee and concurs in the organization of the Consultative Committee, in accordance with the provisions of article 122.
1.30 Establishes criteria for membership of the Consultative Committee and approves or rejects applications for membership in accordance with those criteria, ensuring that action on the applications is accomplished through an expedited process between meetings of the Council of Administration.
1.31 Lays down the Financial Regulations of the Union.
1.32 Lays down the rules governing the Reserve Fund.
1.33 Lays down the rules governing the Special Fund.
1.34 Lays down the rules governing the Special Activities Fund.
1.35 Lays down the rules governing the Voluntary Fund.
1.36 Lays down the Staff Regulations and the conditions of service of the elected officials.
1.37 Lays down the Regulations of the Social Fund.
1.38 Exercises, within the context of article 152, overall supervision of the creation and activities of user-funded subsidiary bodies.
1.39 Adopts its Rules of Procedure and the amendments to the those Rules.
Article VI
(Art. 108 amended)
1 At its constituent meeting, which shall be convened and opened by the Chairman of Congress, the Council of Administration shall elect four Vice-Chairmen from among its members and draw up its Rules of Procedure. The Chairman and four Vice-Chairmen shall be member countries from each of the five geographical groups of the Union.
2 The Council of Administration shall meet twice a year, or additionally on an exceptional basis, at Union headquarters, in accordance with the relevant procedures set forth in its Rules of Procedure.
3 The Chairman and Vice-Chairmen, and the Committee Chairmen, Co-Chairmen and Vice-Chairmen, of the Council of Administration shall form the Management Committee. This Committee shall prepare and direct the work of each session of the Council of Administration. It shall approve, on behalf of the Council of Administration, the annual report prepared by the International Bureau on the work of the Union and it shall take on any other task which the Council of Administration decides to assign to it or the need for which arises in the course of the strategic planning process.
4 The Chairman of the Postal Operations Council shall represent that body at meetings of the Council of Administration when the agenda contains questions of interest to the Postal Operations Council.
5 The Chairman of the Consultative Committee shall represent that organization at meetings of the Council of Administration when the agenda contains questions of interest to the Consultative Committee.
Article VII
(Art. 109 amended)
1 Observers
1.1 To ensure effective liaison between the work of the two bodies, the Postal Operations Council may designate representatives to attend Council of Administration meetings as observers.
1.2 Member countries of the Union which are not members of the Council, as well as the observers and ad hoc observers referred to in article 105, may participate in the plenary sessions and Committee meetings of the Council of Administration, without the right to vote.
2 Principles
2.1 For logistical reasons, the Council of Administration may limit the number of attendees per observer and ad hoc observer participating. It may also limit their right to speak during the debates.
2.2 Observers and ad hoc observers may, at their request, be allowed to cooperate in the studies undertaken, subject to such conditions as the Council may establish to ensure the efficiency and effectiveness of its work. They may also be invited to chair standing groups and task forces when their experience or expertise justifies it. The participation of observers and ad hoc observers shall be carried out without additional expense for the Union.
2.3 In exceptional circumstances, members of the Consultative Committee and ad hoc observers may be excluded from a meeting or a portion of a meeting or may have their right to receive documents restricted if the confidentiality of the subject of the meeting or document so requires. This restriction may be decided on a case-by-case basis by any body concerned or its Chair. The case-by-case situations shall be reported to the Council of Administration and to the Postal Operations Council when matters of interest to the Postal Operations Council are concerned. If it considers this necessary, the Council of Administration may subsequently review restrictions, in consultation with the Postal Operations Council where appropriate.
Article VIII
(Art. 110 amended)
Reimbursement of travel expenses
1 The travel expenses of each representative of each of the members of the Council of Administration participating in its meetings shall be borne by his member country. However, one representative of each of the member countries classified as developing or least developed countries according to the lists established, respectively, by the Council of Administration and the United Nations shall, except for meetings which take place during Congress, be entitled to reimbursement of the price of an economy class return air ticket or first class return rail ticket, or expenses incurred for travel by any other means, subject to the condition that the amount does not exceed the price of the economy class return air ticket. The same entitlement shall be granted to each member of its Committees or other bodies when these meet outside Congress and the sessions of the Council.
Article IX
(Art. 112 amended)
Composition and functioning of the POC
1 The Postal Operations Council shall consist of forty-eight members who shall exercise their functions during the period between successive Congresses.
2 The members of the Postal Operations Council shall be elected by Congress on the basis of qualified geographical distribution. At least one third of the members of each geographical group shall be renewed at each Congress.
3 Each member of the Postal Operations Council shall appoint its representative(s). The members of the Postal Operations Council shall take an active part in its work.
4 The operational expenses of the Postal Operations Council shall be borne by the Union. Its members shall not receive any payment.
5 The Postal Operations Council shall define, formalize and/or set up the standing groups, task forces, user-funded subsidiary bodies or other bodies to be established within its structure, with due regard being paid to the Union’s strategy and business plan adopted by Congress.
Article X
(Art. 113 amended)
1 The Postal Operations Council shall have the following functions:
1.1 Coordinates practical measures for the development and improvement of international postal services.
1.2 Takes, subject to Council of Administration approval within the framework of the latter’s competence, any action considered necessary to safeguard and enhance the quality of and to modernize the international postal service.
1.3 Decides on the contacts to be established with member countries and their designated operators in order to carry out its functions.
1.4 Takes the necessary steps to study and publicize the experiments and progress made by certain member countries and their designated operators in the technical, operational, economic and voca- tional training fields of interest to other member countries and their designated operators.
1.5 Takes, in consultation with the Council of Administration, appropriate steps in the sphere of technical cooperation with all member countries of the Union and their designated operators and in particular with the new and developing countries and their designated operators.
1.6 Examines any other questions submitted to it by a member of the Postal Operations Council, by the Council of Administration or by any member country or designated operator.
1.7 Receives and discusses reports as well as recommendations from the Consultative Committee and, when matters of interest to the Postal Operations Council are involved, to examines and comments on recommendations from the Consultative Committee for submission to Congress.
1.8 Designates those of its members that will serve as members of the Consultative Committee.
1.9 Conducts the study of the most important operational, commercial, technical, economic and technical cooperation problems which are of interest to all member countries or their designated operators, including questions with major financial repercussions (charges, terminal dues, transit charges, airmail conveyance rates, parcel-post rates, and the posting abroad of letter-post items), and prepares information, opinions and recommendations for action on them.
1.10 Provides input to the Council of Administration for the development of the draft Union Strategy and draft quadrennial business plan to be submitted to Congress.
1.11 Studies teaching and vocational training problems of interest to member countries and their designated operators, as well as to the new and developing countries.
1.12 Studies the present position and needs of the new and developing countries and prepares appropriate recommendations on ways and means of improving their postal services.
1.13 Revises the Regulations of the Union within six months following the end of the Congress unless the latter decides otherwise; the Postal Operations Council may also amend the said Regulations at other sessions; in both cases, the Postal Operations Council shall be subject to Council of Administration guidance on matters of fundamental policy and principle.
1.14 Formulates proposals which shall be submitted for the approval either of Congress or of member countries in accordance with article 140; the approval of the Council of Administration is required when these proposals concern questions within the latter’s competence.
1.15 Examines, at the request of a member country, any proposal which that member country forwards to the International Bureau under article 139, prepares observations on it and instructs the International Bureau to annex these observations to the proposal before submitting it for approval to the member countries.
1.16 Recommends, if necessary, and where appropriate after approval by the Council of Administration and consultation of all the member countries, the adoption of regulations or of a new procedure until such time as Congress takes a decision in the matter.
1.17 Prepares and issues, in the form of recommendations to member countries and their designated operators (or as binding provisions if the Acts of the Union so provide), standards for technological, operational and other processes within its competence where uniformity of practice is essential; it shall similarly issue, as required, amendments to standards it has already set.
1.18 Establishes the framework for the organization of user-funded subsidiary bodies and concurs in the organization of these bodies in accordance with the provisions of article 152.
1.19 Receives and discusses reports from the user-funded subsidiary bodies on an annual basis.
1.20 Adopts its Rules of Procedure and the amendments to those Rules.
Article XI
(Art. 114 amended)
1 At its first meeting, which shall be convened and opened by the Chairman of Congress, the Postal Operations Council shall choose from among its members a Chairman and four Vice-Chairmen, and the Committee Chairmen/Vice-Chairmen/Co-Chairmen, and draw up its Rules of Procedure. The Chairman and four Vice-Chairmen shall be member countries from each of the five geographical groups of the Union.
2 The Postal Operations Council shall meet twice a year, or additionally on an exceptional basis, at Union headquarters, in accordance with the relevant procedures set forth in its Rules of Procedure.
3 The Chairman and Vice-Chairmen, and the Committee Chairmen, Co-Chairmen and Vice- Chairmen, of the Postal Operations Council shall form the Management Committee. This Committee shall prepare and direct the work of each meeting of the Postal Operations Council and take on all the tasks which the latter decides to assign to it or the need for which arises in the course of the strategic planning process.
4 On the basis of the Union Strategy adopted by Congress and, in particular, the part relating to the strategies of the permanent bodies of the Union, the Postal Operations Council shall, at its session following Congress, prepare a basic work programme containing a number of tactics aimed at implementing the strategies. This basic work programme, which shall include a limited number of projects on topical subjects of common interest, shall be revised annually in the light of new realities and priorities.
5 The Chairman of the Consultative Committee shall represent that organization at meetings of the Postal Operations Council when the agenda contains questions of interest to the Consultative Committee.
Article XII
(Art. 115 amended)
1 Observers
1.1 In order to ensure effective liaison between the work of the two bodies, the Council of Administration may designate representatives to attend Postal Operations Council meetings as observers.
1.2 Member countries of the Union which are not members of the Council, as well as the observers and ad hoc observers referred to in article 105, may participate in the plenary sessions and Committee meetings of the Postal Operations Council, without the right to vote.
2 Principles
2.1 For logistical reasons, the Postal Operations Council may limit the number of attendees per observer and ad hoc observer participating. It may also limit their right to speak during the debates.
2.2 Observers and ad hoc observers may, at their request, be allowed to cooperate in the studies undertaken, subject to such conditions as the Council may establish to ensure the efficiency and effectiveness of its work. They may also be invited to chair standing groups and task forces when their experience or expertise justifies it. The participation of observers and ad hoc observers shall be carried out without additional expense for the Union.
2.3 In exceptional circumstances, members of the Consultative Committee and ad hoc observers may be excluded from a meeting or a portion of a meeting or may have their right to receive documents restricted if the confidentiality of the subject of the meeting or document so requires. This restriction may be decided on a case-by-case basis by any body concerned or its Chair. The case-by-case situations shall be reported to the Council of Administration and to the Postal Operations Council when matters of interest to the Postal Operations Council are concerned. If it considers this neces- sary, the Council of Administration may subsequently review restrictions, in consultation with the Postal Operations Council where appropriate.
Article XIII
(Art. 116 amended)
Reimbursement of travel expenses
1 Travelling and living expenses incurred by representatives of member countries participating in the Postal Operations Council shall be borne by these member countries. However, one representative of each of the member countries considered to be one of the least developed countries according to the list established by the United Nations shall, except for meetings which take place during Congress, be entitled to reimbursement of the price of an economy class return air ticket or first class return rail ticket, or expenses incurred for travel by any other means, subject to the condition that the amount does not exceed the price of the economy class return air ticket.
Article XIV
(Art. 117bis added)
Article 117bis
Coordination Committee for the Permanent Bodies of the Union
1 The Chairman of the CA, the Chairman of the POC and the Director General of the International Bureau shall form the Coordination Committee for the Permanent Bodies of the Union (CCoord).
2 The CCoord shall have the following attributions and functions:
2.1 Contribute to the coordination of the work of the permanent bodies of the Union;
2.2 Meet, when needed, in order to discuss important questions relating to the Union and the postal service and provide the Union’s bodies with an evaluation of such questions;
2.3 Ensure proper implementation of the strategic planning process so that all decisions on the Union’s activities are taken by the appropriate bodies in accordance with the respective responsibilities as specified in the Acts of the Union.
3 On convocation by the Chairman of the CA, the CCoord shall meet twice a year, at Union head- quarters. The date and place of the meetings shall be fixed by the Chairman of the CA in agreement with the Chairman of the POC and the Director General of the International Bureau.
Article XV
(Art. 123 amended)
Representatives of the Consultative Committee at the Council of Administration, the Postal Operations Council and Congress
1 In order to ensure effective liaison with the bodies of the Union, the Consultative Committee may designate representatives to attend meetings of Congress, the Council of Administration, and the Postal Operations Council, and their respective Committees, as observers without the right to vote.
2 Members of the Consultative Committee are invited to plenary sessions and Committee meetings of the Council of Administration and the Postal Operations Council in accordance with article 105. They may also participate in the work of standing groups and task forces under terms established in articles 109.2.2 and 115.2.2.
3 The Chairman of the Council of Administration and the Chairman of the Postal Operations Council shall represent those bodies at meetings of the Consultative Committee when the agenda of such meetings contains questions of interest to those bodies.
Article XVI
(Art. 127 amended)
Duties of the Director General
Obis The Director General shall be the legal representative of the Union.
1 The Director General shall organize, administer and direct the International Bureau.
2 Regarding the classification of posts, appointments and promotions:
2.1 the Director General shall be empowered to classify posts in grades G 1 to D 2 and to appoint and promote officials in those grades.
2.2 for appointments in grades P 1 to D 2, he shall consider the professional qualifications of the candi- dates recommended by the member countries of which the candidates are nationals or in which they exercise their professional activities, taking into account equitable geographical distribution with respect to continents and languages. D 2 posts shall as far as possible be filled by candidates from different regions and from regions other than those from which the Director General and Deputy Director General originate, bearing in mind the paramount consideration of the efficiency of the International Bureau. In the case of posts requiring special qualifications, the Director General may seek applications from outside;
2.3 he shall also consider, for the appointment of a new official, that, in principle, persons occupying grade D 2, D 1 and P 5 posts must be nationals of different member countries of the Union;
2.4 for the promotion of an official of the International Bureau to grades D 2, D 1 and P 5, he shall not be bound to apply the same principle as under 2.3;
2.5 the requirements of equitable geographical and language distribution shall rank behind merit in the recruitment process;
2.6 the Director General shall inform the Council of Administration once a year of appointments and promotions in grades P 4 to D 2.
3 Furthermore, the Director General shall have the following duties:
3.1 acts as depositary of the Acts of the Union and as intermediary in the procedure of accession and admission to and withdrawal from the Union;
3.2 notifies the decisions taken by Congress to all the Governments of member countries;
3.3 notifies all member countries and their designated operators of the Regulations drawn up or revised by the Postal Operations Council;
3.4 prepares the draft annual budget of the Union at the lowest possible level consistent with the requirements of the Union and submits it in due course to the Council of Administration for con- sideration; communicates the budget to the member countries of the Union after approval by the Council of Administration and executes it;
3.5 executes the specific activities requested by the bodies of the Union and those assigned to him by the Acts;
3.6 takes action to achieve the objectives set by the bodies of the Union, within the framework of the established policy and the funds available;
3.7 submits suggestions and proposals to the Council of Administration or to the Postal Operations Council;
3.8 following the close of Congress, submits proposals to the Postal Operations Council concerning changes to the Regulations required as a result of Congress decisions, in accordance with the Rules of Procedure of the Postal Operations Council;
3.9 prepares, for the Council of Administration and on the basis of directives issued by the Councils, the draft Union Strategy and draft quadrennial UPU business plan to be submitted to Congress;
3.10 prepares, for approval by the Council of Administration, a four-yearly report on the member countries’ performance in respect of the Union Strategy approved by the preceding Congress, which will be submitted to the following Congress;
3.11 (Deleted.)
3.12 acts as an intermediary in relations between:
3.12.1 the UPU and the Restricted Unions;
3.12.2 the UPU and the United Nations;
3.12.3 the UPU and the international organizations whose activities are of interest to the Union;
3.12.4 the UPU and the international organizations or the associations or enterprises that the bodies of the Union wish to consult or associate with their work;
3.13 assumes the duties of Secretary General of the bodies of the Union and supervises in this capacity, taking into account the special provisions of these General Regulations, in particular:
3.13.1 the preparation and organization of the work of the Union’s bodies;
3.13.2 the preparation, production and distribution of documents, reports and minutes;
3.13.3 the functioning of the secretariat at meetings of the Union’s bodies;
3.14 attends the meetings of the bodies of the Union and takes part in the discussions without the right to vote, with the possibility of being represented.
Article XVII
(Art. 130 amended)
Preparation and distribution of documents of the Union bodies
1 The International Bureau shall prepare and make available through the Union website all the documents published, in the language versions specified in article 155, in accordance with the Rules of Procedure of the Council of Administration and Postal Operations Council. The International Bureau shall also indicate, to the representatives of member countries in particular, new e-document publications on the Union website by means of an efficient web-signalling system.
2 Furthermore, the International Bureau shall physically distribute Union publications, such as International Bureau circulars and CA and POC Summary Records, only at the request of an individual member country.
Article XVIII
(Art. 138 amended)
Procedure for submitting proposals to Congress
1 Subject to the exceptions provided for in paragraphs 2 and 5, the following procedure shall govern the submission of proposals of all kinds to Congress by member countries:
1.1 proposals which reach the International Bureau at least six months before the date fixed for Congress shall be accepted;
1.2 no drafting proposal shall be accepted during the period of six months preceding the date fixed for Congress;
1.3 proposals of substance which reach the International Bureau in the interval between six and four months before the date fixed for Congress shall not be accepted unless they are supported by at least two member countries;
1.4 proposals of substance which reach the International Bureau in the interval between four and two months preceding the date fixed for Congress shall not be accepted unless they are supported by at least eight member countries; proposals which arrive after that time shall no longer be accepted;
1.5 declarations of support must reach the International Bureau within the same period of time as the proposals to which they refer.
2 Proposals concerning the Constitution or the General Regulations shall reach the International Bureau not later than six months before the opening of Congress; any received after that date but before the opening of Congress shall not be considered unless Congress so decides by a majority of two thirds of the member countries represented at Congress and unless the conditions laid down in paragraph 1 are fulfilled.
3 Every proposal must, as a rule, have only one aim and contain only the changes justified by that aim. Similarly, each proposal liable to lead to significant costs for the Union shall be accompanied by an indication of its financial impact, prepared by the member country submitting the proposal, in consultation with the International Bureau, so that the financial resources needed for its implementation can be determined.
4 Drafting proposals shall be headed “Drafting proposal” by the member countries which submit them and shall be published by the International Bureau under a number followed by the letter R. Proposals which do not bear this indication but which, in the opinion of the International Bureau, deal only with drafting points shall be published with an appropriate annotation; the International Bureau shall draw up a list of these proposals for Congress.
5 The procedure prescribed in paragraphs 1 and 4 shall apply neither to proposals concerning the Rules of Procedure of Congresses, nor to proposals submitted by the Council of Administration or the Postal Operations Council.
Article XIX
(Art. 144 amended)
Entry into force of the Regulations and of the other decisions adopted between Congresses
1 The Regulations shall come into force on the same date and shall have the same duration as the Acts laid down by Congress.
2 Subject to the provisions of paragraph 1, decisions on amending the Acts of the Union which are adopted between Congresses shall not take effect until at least three months after their notification. However, this time requirement shall not apply to any amendments to the Regulations which are adopted following the drawing up of the new Regulations but still prior to their entry into force as per paragraph 1.
Article XX
(Art. 146 amended)
Regulation of member countries’ contributions
1 Countries which accede to the Union or are admitted to the status of members of the Union as well as those which leave the Union shall pay their contributions for the whole of the year during which their admission or withdrawal becomes effective.
2 Member countries shall pay their contributions to the Union’s annual expenditure in advance on the basis of the budget laid down by the Council of Administration. These contributions shall be paid not later than the first day of the financial year to which the budget refers. After that date, the sums due shall be chargeable with interest in favour of the Union at the rate of 5% per annum from the fourth month.
3 Where the arrears of mandatory contributions, not including interest, owed to the Union by a member country are equal to or more than the amount of the contributions of that member country for the preceding two financial years, such member country may irrevocably assign to the Union all or part of the credits owed it by other member countries, in accordance with the arrangements laid down by the Council of Administration. The conditions of this assignment of credit shall be determined by agreement reached between the member country, its debtors/creditors and the Union.
4 A member country which, for legal or other reasons, cannot make such an assignment must undertake to conclude a schedule for the amortization of its arrears.
5 Other than in exceptional circumstances, recovery of arrears of mandatory contributions owed to the Union may not extend over more than ten years.
6 In exceptional circumstances, the Council of Administration may release a member country from all or part of the interest owed if that country has paid the full capital amount of its debts in arrears.
7 A member country may also be released, within the framework of an amortization schedule approved by the Council of Administration for its accounts in arrears, from all or part of the interest accumulated or to accrue; such release shall, however, be subject to the full and punctual execution of the amortization schedule within an agreed period of ten years at most.
8 The provisions under paragraphs 3 to 7 apply by analogy to the translation costs billed by the International Bureau to member countries belonging to the language groups.
9 The International Bureau shall send bills to member countries at least three months before their due date. The original bills shall be sent to the correct address provided by the member country concerned. Electronic copies of the bills shall be sent via e-mail as pre-advice or alerts.
10 Furthermore, the International Bureau shall provide member countries with clear information each time it charges them interest on overdue payment of particular bills, so that member countries can easily verify to which bills the interest corresponds.
Article XXI
(Art. 150 amended)
1 Member countries shall contribute to defraying Union expenses according to the contribution class to which they belong. These classes shall be the following:
- class of 50 units;
- class of 47 units;
- class of 45 units;
- class of 43 units;
- class of 40 units;
- class of 37 units;
- class of 35 units;
- class of 33 units;
- class of 30 units;
- class of 27 units;
- class of 25 units;
- class of 23 units;
- class of 20 units;
- class of 17 units;
- class of 15 units;
- class of 13 units;
- class of 10 units;
- class of 7 units;
- class of 5 units;
- class of 3 units;
- class of 1 unit;
- class of 0.5 units, reserved for least developed countries as listed by the United Nations and for other countries designated by the Council of Administration;
- class of 0.1 units, reserved for countries which are recognized by the United Nations as Small Island Developing States with a population of under 200,000 (as per the latest statistical information published by the relevant office of the United Nations).
2 Notwithstanding the contribution classes listed in paragraph 1, any member country may elect to contribute a higher number of units than that corresponding to the contribution class to which it belongs, for a minimum term equivalent to the period between Congresses. The announcement of a change shall be made at the latest at Congress. At the end of the period between Congresses, the member country shall return automatically to its original number of contribution units unless it decides to maintain its contribution of a higher number of units. The payment of additional contributions will increase the expenditure accordingly.
3 Member countries shall be included in one of the above-mentioned contribution classes upon their admission or accession to the Union, in accordance with the procedure laid down in article 21.4 of the Constitution.
4 Member countries may subsequently be placed in a lower contribution class, on condition that the request for this change is sent the International Bureau at least two months before the opening of Congress. Congress shall give a non-binding opinion on these requests for a change in contribution class. The member country shall be free to decide whether to follow the opinion of Congress. The final decision of the member country shall be transmitted to the International Bureau Secretariat before the end of Congress. This change request shall take effect on the date of the entry into force of the financial provisions drawn up by Congress. Member countries that have not made known their wish to change contribution class within the required time shall remain in the class to which they belonged up to that time.
5 Member countries may not insist on being lowered more than one class at a time.
6 Nevertheless, in exceptional circumstances such as natural disasters necessitating international aid programmes, the Council of Administration may authorize a temporary reduction in contribution class once between two Congresses when so requested by a member country if the said member establishes that it can no longer maintain its contribution at the class originally chosen. In the same circumstances, the Council of Administration may also authorize a temporary reduction for the non-least developed countries already in the class of 1 unit by placing them in the class of 0.5 units.
7 The temporary reduction in contribution class in application of paragraph 6 may be authorized by the Council of Administration for a maximum period of two years or up to the next Congress, whichever is earlier. On expiry of the specified period, the country concerned shall automatically revert to its original contribution class.
8 Notwithstanding paragraphs 4 and 5, changes to a higher class shall not be subject to any restriction.
Article XXII
(Art. 152 amended)
Organization of user-funded subsidiary bodies
1 Subject to the approval of the Council of Administration, the POC may establish a number of user-funded subsidiary bodies, funded by voluntary means, in order to organize operational, commercial, technical and economic activities which fall within its competence under article 18 of the Constitution, but which may not be financed by the regular budget.
2 Upon the creation of such a body under the POC, the POC shall decide on the basic framework of the rules of procedure of the body, taking due consideration of the fundamental rules and principles of the UPU as an intergovernmental organization, and shall submit it to the CA for approval. The basic framework shall include the following elements:
2.1 the mandate;
2.2 the constituency, including the categories of members participating;
2.3 decision-making rules, including its internal structure and its relationship with other Union bodies;
2.4 voting and representation principles;
2.5 financing (subscription, usage fees, etc.);
2.6 composition of secretariat and management structure.
3 Each user-funded subsidiary body shall organize its activities in an autonomous manner within the basic framework decided by the POC and approved by the CA, and shall prepare an annual report on its activities for consideration by the POC.
4 The Council of Administration shall establish the rules concerning support costs that user-funded subsidiary bodies should contribute to the regular budget, and shall publish them in the UPU Financial Regulations.
5 The Director General of the International Bureau shall administer the secretariat of the user-funded subsidiary bodies in accordance with the relevant Staff Regulations and Rules, as applicable to the staff recruited for the user-funded subsidiary bodies. The secretariat of the subsidiary bodies shall be an integral part of the International Bureau.
6 Information concerning user-funded subsidiary bodies established in accordance with this article shall be reported to Congress following their establishment.
Article XXIII
Entry into force and duration of the Additional Protocol to the General Regulations of the Universal Postal Union
1 This Additional Protocol shall come into force on 1 July 2019 and shall remain in force for an indefinite period.
In witness whereof the plenipotentiaries of the governments of the member countries have drawn up this Additional Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the General Regulations itself, and they have signed it in a single original which shall be deposited with the Director General of the International Bureau. A copy thereof shall be delivered to each party by the International Bureau of the Universal Postal Union.
Done at Addis Ababa, 7 September 2018.
ADDITIONAL PROTOCOL TO THE UNIVERSAL POSTAL CONVENTION
The plenipotentiaries of the governments of the member countries of the Universal Postal Union, having met in Extraordinary Congress at Addis Ababa, having regard to article 22.3 of the Constitution of the Universal Postal Union concluded at Vienna on 10 July 1964, have by common consent and subject to article 25.4 of the Constitution drawn up in this Additional Protocol the following amendments to the Universal Postal Convention adopted at Istanbul on 6 October 2016.
Article I
(Art. 17 amended)
1 Member countries shall ensure that their designated operators accept, handle, convey and deliver letter-post items.
2 Letter-post items containing only documents are:
2.1 priority items and non-priority items, up to 2 kilogrammes;
2.2 letters, postcards and printed papers, up to 2 kilogrammes;
2.3 items for the blind, up to 7 kilogrammes;
2.4 special bags containing newspapers, periodicals, books and similar printed documentation for the same addressee at the same address called “M bags”, up to 30 kilogrammes.
3 Letter-post items containing goods are:
3.1 priority and non-priority small packets, up to 2 kilogrammes;
3.2 items for the blind, up to 7 kilogrammes, as specified in the Regulations;
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.
4 Letter-post items shall be classified on the basis of both the speed of treatment of the items and the contents of the items in accordance with the Regulations.
5 Within the classification systems referred to in 4, letter-post items may also be classified on the basis of their format as small letters (P), large letters (G), bulky letters (E) or small packets (E). The size and weight limits are specified in the Regulations.
6 Higher weight limits than those indicated in paragraph 2 apply optionally for certain letter-post item categories under the conditions specified in the Regulations.
7 Member countries shall also ensure that their designated operators accept, handle, convey and deliver parcel-post items up to 20 kilogrammes.
8 Weight limits higher than 20 kilogrammes apply optionally for certain parcel-post items under the conditions specified in the Regulations.
Article II
(Art. 18 amended)
1 Member countries shall ensure the provision of the following mandatory supplementary services:
1.1 registration service for outbound priority and airmail letter-post items;
1.2 registration service for all inbound registered letter-post items.
2 Member countries may ensure the provision of the following optional supplementary services in relations between those designated operators which agreed to provide the service:
2.1 insurance for letter-post items and parcels;
2.2 cash-on-delivery service for letter-post items and parcels;
2.3 tracked delivery service for letter-post items;
2.4 delivery to the addressee in person of registered or insured letter-post items;
2.5 free of charges and fees delivery service for letter-post items and parcels;
2.6 cumbersome parcels services;
2.7 consignment service for collective items from one consignor sent abroad;
2.8 merchandise return service, which involves the return of merchandise by the addressee to the original seller, with the latter’s authorization.
3 The following three supplementary services have both mandatory and optional parts:
3.1 international business reply service (IBRS), which is basically optional. All member countries or their designated operators shall, however, be obliged to operate the IBRS “return” service;
3.2 international reply coupons, which shall be exchangeable in any member country. The sale of international reply coupons is, however, optional;
3.3 advice of delivery for registered letter-post items, parcels and insured items. All member countries or their designated operators shall admit incoming advices of delivery. The provision of an outward advice of delivery service is, however, optional.
4 The description of these services and their charges are set out in the Regulations.
5 Where the service features below are subject to special charges in the domestic service, designated operators shall be authorized to collect the same charges for international items, under the conditions described in the Regulations:
5.1 delivery for small packets weighing over 500 grammes;
5.2 letter-post items posted after the latest time of posting;
5.3 items posted outside normal counter opening hours;
5.4 collection at sender’s address;
5.5 withdrawal of a letter-post item outside normal counter opening hours;
5.6 poste restante;
5.7 storage for letter-post items weighing over 500 grammes (with the exception of items for the blind), and for parcels;
5.8 delivery of parcels, in response to the advice of arrival;
5.9 cover against risks of force majeure;
5.10 delivery of letter-post items outside normal counter opening hours.
Article III
Entry into force and duration of the Additional Protocol to the Universal Postal Convention
1 This Additional Protocol shall come into force on 1 July 2019 and shall remain in operation until the entry into force of the Acts of the next Congress.
In witness whereof the plenipotentiaries of the governments of the member countries have drawn up this Additional Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the Convention itself, and they have signed it in a single original which shall be deposited with the Director General of the International Bureau. A copy thereof shall be delivered to each party by the International Bureau of the Universal Postal Union.
Done at Addis Ababa, 7 September 2018
FINAL PROTOCOL TO THE ADDITIONAL PROTOCOL TO THE UNIVERSAL POSTAL CONVENTION
At the moment of proceeding to signature of the Additional Protocol to the Universal Postal Convention concluded this day, the plenipotentiaries of the governments of the member countries of the Universal Postal Union have agreed the following:
Article I
(Art. VI of the Additional Protocol to the Universal Postal Convention amended)
1 Notwithstanding the provisions of article 17, Australia does not agree to the extension of basic services to include postal parcels.
2 The provisions of article 17.2.4 shall not apply to the United Kongdom, whose national legislation requires a lower weight limit. Health and safety legislation in the United Kingdom limits the weight of mail bags to 20 kilogrammes.
3 Notwithstanding article 17.2.4, Ayerbaijan, Kayakhstan, Kyrgyzstan and Uzbekistan shall be authoriyed to limit to 20 kilogrammes the maximum weight of inward and outward M bags.
4 Notwithstanding article 17, Iceland accepts items for the blind only to the extent provided for in its internal legislation.
In witness whereof, the plenipotentiaries of the governments of the member countries have drawn up this Final Protocol, which shall have the same force and the same validity as if its provisions were inserted in the text of the Convention itself, and they have signed it in a single original which shall be deposited with the Director General of the International Bureau. A copy thereof shall be delivered to each party by the International Bureau of the Universal Postal Union.
Done at Addis Ababa, 7 September 2018.