CONSTITUTION & GENERAL REGULATIONS

 


General

I. Historical background

The origin of the Post is lost in the mists of time. In ancient lands such as China, Persia, Egypt, Greece and the Roman Empire, we find traces of a communication system operating by word of mouth or writing and based on relays of men and horses stationed at different points along the highways. The Post as such was the monopoly of monarchs and princes, whose main concern was that their orders should reach the farthest corners of their vast domains. Later, monasteries had their own courier system, the ramifications of which spread as religion gained ground. And eventually, as social life developed under the stimulus of the guilds and merchants, private individuals were allowed to communicate with one another by means of the couriers of princes and monasteries.

This rudimentary organization, half official and half private, lasted until the end of the Middle Ages, but before long it was found to be inadequate to meet the needs of a continually changing society. With the advent of printing, education penetrated into all social strata, while the discovery of new worlds and the consequences of that event extended relations between nations. Thus communications steadily increased.

Under the pressure of these needs, the Post inevitably developed. During the sixteenth century, thanks to the impetus given to it by Franz von Taxis, who for the first time created a postal service operating in several European States, it began to extend beyond national frontiers. Later, in the eighteenth century, it definitively became a public service and gradually assumed its present form.

International postal communications were originally governed by bilateral agreements which answered the particular needs of each country. This system, involving as it did a great variety of rates calculated in different currencies and according to different units of weight and different scales, made it complicated to operate the service and hampered its development. The invention of steam navigation and the railway brought about a change in the postal system. The administrations began to realize that, if international communications were to keep pace with the means of transport, formalities would have to be standardized and reduced.

A first step in that direction was taken in Great Britain in 1840. On the proposal of Rowland Hill, the rate for letters in the internal service was reduced to a penny (penny postage); that reform was accompanied by the creation of the postage stamp. In 1862, Montgomery Blair, Postmaster-General of the United States of America, took the initiative of convening the first international meeting with a view to reaching a common postal agreement. The conference, which met in Paris on 11 May 1863, was attended by delegates from fifteen European and American countries: Austria, Belgium, Costa Rica, Denmark, France, Great Britain, the Hanseatic Towns, Italy, the Netherlands, Portugal, Prussia, the Sandwich Islands, Spain, Switzerland and the United States of America. It adopted a number of general principles which administrations were recommended to bear in mind when concluding postal conventions with other administrations.

 

II. The foundation of the Union

The attempts made to improve the service by applying uniform principles in the bilateral agreements could not long meet the growing needs arising from the rapid development of international relations. This prompted Heinrich von Stephan, a senior official in the postal administration of the North German Confederation, to draw up the outline of a plan for a postal union of civilized countries, in 1868. He proposed to his Government that the plan be submitted to a Plenipotentiary Conference, which, at the invitation of the Swiss Government, met at Berne on 15 September 1874. Plenipotentiary delegates from the following twenty-twocountries attended the conference: Austria and Hungary, Belgium, Denmark, Egypt, France, Germany, Great Britain, Greece, Italy, Luxembourg, the Netherlands, Norway, Portugal, Romania, Russia, Serbia, Spain, Sweden, Switzerland, Turkey and the United States of America. The Congress resulted in the signing of the 1874 Treaty of Berne, which established the first collective Convention governing the international postal service and founded the "General Postal Union". The Convention went into force on 1 July 1875. Three years later, in view of the numerous accessions which had taken place since the coming into force of the Treaty of Berne, the title "General Postal Union" was changed to "Universal Postal Union".

The fundamental rules introduced by the 1874 Berne Convention, as they still appear in the UPU Constitution concluded at Vienna in 1964 and in the 1994 Seoul Convention, are as follows:

 

1.         the formation among all member countries of a single postal territory for the reciprocal exchange of letter-post items;

2.         guaranteed freedom of transit within the territory of the Union;

3.         standardization of the charges to be collected by each country for letter-post items addressed to any part of the Union's territory; it must be noted, however, that this principle is not applied as strictly as in the past owing to the option which administrations were given of greatly increasing or of reducing the basic charges and the fact that those charges became guideline charges when the Acts of the 1989 Washington Congress came into force;

4.         in the case of letter-post items, the abolition of the sharing of charges between the country of origin and the country of destination, each administration retaining the entire amount of the charges which it collects, subject to remuneration, at the established rates, of intermediate administrations ensuring the transit of such items; since the 1969 Tokyo Congress, however, the UPU has allowed administrations of destination to demand a lump-sum remuneration from dispatching administrations as compensation for the amount of mail received in excess of the mail dispatched;

5.         the institution of an arbitration procedure to settle disputes between administrations;

6.         the creation of a central office, called the International Bureau, the cost of which is borne by all contracting countries;

7.         periodical meetings of a Congress of plenipotentiaries of the member countries with a view to revising the basic Acts of the Union and discussing questions of common interest.

 

 

III. Structure of the Acts

The question of how to divide up the subject matter of the Acts of the Union was raised at the Congresses of Vienna 1891, Washington 1897, Madrid 1920, Buenos Aires 1939 and Paris 1947.

The Interim ELC set up a Subcommittee in 1948 to redraft the Convention and rearrange the Acts. This Subcommittee proposed that the organic provisions of the Union should be separated from those governing the letter-post service. The ELC adopted the draft Acts thus reorganized, subject to some slight amendments. However, the 1952 Brussels Congress rejected the proposed division, preferring to maintain a single Act while preserving the arrangement of the matter proposed in the reorganized draft Acts.

The question of the General Revision of the Convention was again discussed by the ELC at its May 1955 session. The Secretary-General presented a report to the Committee at its May 1956 session on the subject. The majority which declared itself in favour of a possible Revision of the Convention was considered insufficient to allow the Committee to express an opinion on the principle.

The 1957 Ottawa Congress recommended continuing the study; at the same time it established the principles of the Revision and the procedure to be followed. The expanded ELC completed the definitive version of the revised draft Acts at its 1960 session. It then consulted the administrations of the Union to see whether they would be willing to present proposals in connection with those drafts. The administrations were in almost unanimous agreement with this procedure. The results of the General Revision of the Convention, completed by the ELC in 1961, were submitted to the 1964 Vienna Congress. That Congress approved the draft revised Acts (Constitution, General Regulations, Convention and its Detailed Regulations); the principle of dividing up the subject matter was approved by a very large majority and it was decided to take the drafts as the basis for discussion. On the basis of the conclusions of the study conducted by the EC at the request of the 1984 Hamburg Congress, the 1989 Washington Congress:

 

*          transferred to the EC part of the legislative function of Congress, particularly as regards the Detailed Regulations;

*          instructed the EC to continue the study relating to a second phase of transfer to the EC of some of the legislative functions of Congress and to conduct a study of the structure of the Convention, the Agreements and their Detailed Regulations;

*          ratified the Framework Agreement adopted by the EC in conjunction with the CCPS concerning EMS and authorized the EC to prepare and amend the regulations governing that service, in conjunction with the CCPS.

 

On the basis of the results of the above study, the 1994 Seoul Congress recast the Acts. This recast makes it possible to speed up the amendment of the international regulations as the need arises, without recourse to Congress when no fundamental principles are involved, and to meet the need for clear, simple and flexible regulations for operating the international postal services. That Congress also transferred to the POC the authority to draw up the Detailed Regulations.

The Constitution of the Universal Postal Union is the fundamental Act containing the organic rules of the Union. It is a diplomatic Act which is ratified by the competent authorities of each member country. The Constitution does not have to be renewed for each Congress. Amendments to it can only be made in Congress and are recorded in an Additional Protocol which is also subject to ratification.

The provisions relating to the application of the Constitution and the operation of the Union are contained in the General Regulations of the Universal Postal Union. The common rules applicable to the international postal service and the provisions concerning the letter-post services are given in the Universal Postal Convention and its Detailed Regulations. The last three Acts are binding on all member countries. Branches of the international postal service other than the letter post are governed by special Agreements and their Detailed Regulations. They are binding only on countries that are parties to the Agreements.

The Detailed Regulations of the Convention and of the Agreements are not treaties but agreements concluded at postal administration level. The 1994 Seoul Congress transferred to the Postal Operations Council the power of enacting and amending the Detailed Regulations.

In addition to the UPU Acts proper, there are the resolutions, decisions, recommendations and formal opinions, which together make up the Decisions of Congress. To these is added the Agreement making the UPU a specialized agency of the UN and defining the relations between the two organizations. This Agreement is annexed to the Constitution and determines the conditions of any amendment of it. An additional Agreement was concluded in 1949 on the use of the United Nations laissez-passer.

 

IV. Membership of the Union

Among the organic provisions embodied in the Constitution, the one relating to the acquisition of membership of the Union is especially noteworthy in that it has developed by successive stages. The 1874 Convention laid down that overseas countries not members of the Union at the time of its foundation might be admitted subject to agreement with administrations having postal conventions or direct relations with them. Charges and transit dues to be collected had to be fixed. On this basis, a conference was held at Berne in 1876 with a view to the accession of British India and the French colonies. Similar applications for membership were made almost simultaneously by the Netherlands colonies and Brazil, but they did not succeed, the conference considering that it did not have the data needed to fix the charges and dues to be collected. The 1878 Paris Congress decreed that any country could accede to the Union merely by a unilateral declaration, without consulting the existing members beforehand. The Union thus became an "open union", and, as accessions occurred in rapid succession, it soon included almost every country in the world. This system lasted seventy years, ie up to 1 July 1948, the date of the entry into force of the Convention revised by the 1947 Paris Congress, which amended the article relating to accessions. Requests for admission had henceforth to be approved by two thirds of the member countries of the Union. This new procedure was one of the conditions laid down for the UPU to become a specialized agency of the United Nations.

The 1964 Vienna Congress maintained this admission procedure; but in addition, it decided that any member of the United Nations could accede to the Union by a unilateral act involving a formal declaration of accession to the Constitution and to the compulsory Acts of the Union. Thus UN members wishing to join the UPU are not compelled to submit to any consultations of member countries of the Union; a unilateral declaration of accession to the Union and to the compulsory Acts is sufficient. This is the procedure used by most new member countries.

 

V. Universality

One of the essential features of the Union is its universality. The number of member countries, originally twenty-two, had increased to 189 at 1 January 1995. The title "Universal Postal Union" is thus fully justified.

The task of the Union is essentially functional, which is one of the primary reasons for its success. Another reason lies in the eminently humanitarian aim which it pursues: that of serving the public by constantly improving its methods of operation. Moreover, the expansion of its work has not been hampered by difficulties comparable with those encountered by other international organizations. Lastly, the UPU's universal nature is not incompatible with the defence of regional interests, and this is a task to which the Restricted Unions in particular apply themselves. The UPU maintains the closest relations with the latter and cooperates with them in many fields, especially that of technical assistance.

 

VI. The legal status of the Union in Switzerland and in certain other States

In view of the status of the Universal Postal Union as a United Nations specialized agency, the Swiss Government decided on 3 February 1948, that, as from 1 January 1948, the Interim Arrangement on Privileges and Immunities of the United Nations, concluded on 1 July 1946 between the Swiss Federal Council and the Secretary-General of the United Nations and revised in 1963, would by analogy apply to the Universal Postal Union, its bodies, the representatives of member countries, and the Union's experts and officials. The decision was approved by both Chambers of the Federal Parliament in a Federal Decree dated 29 September 1955.

Outside Switzerland the Union's legal status is governed by the Convention on the Privileges and Immunities of the Specialized Agencies - approved on 21 November 1947 by the United Nations General Assembly and accepted by the Union - in so far as States have acceded to this Convention and undertaken to apply its provisions to the Universal Postal Union. As of 1 December 1997, 99 countries have acceded to this Convention and have accepted the obligations stipulated therein with regard to the Union.

Other States may be expected to act in the same manner, since there is nothing to prevent them from granting the Union, either by their own legislation or by a simple unilateral declaration, such privileges and immunities as they may consider desirable. Thus the President of the United States of America, under the legislation of that country, has recognized the Universal Postal Union as an international organization entitled to the privileges, exceptions and immunities conferred under the International Organizations Immunities Act (US Code Title 22 S 288).

 

VII. The operation of the Union

A. Congress

Supreme authority of the Union, Congress meets not later than five years after the Acts of the previous Congress have been put into effect, unless exceptional circumstances justify the convening of an extraordinary Congress.

So far the Union has held the following twenty-one ordinary Congresses, listed below with their duration, and the number of participants, countries represented and proposals made.

 

 

An extraordinary Congress which met at Berne in July 1900 celebrated the 25th anniversary of the foundation of the Union and decided that a commemorative monument should be erected. Its 50th anniversary was commemorated at the 1924 Stockholm Congress, its 75th anniversary at Berne in 1949, and its 100th anniversary at Berne in 1974.

Among the important measures initiated by ordinary Congresses, special mention should be made of the following:

 

a.         conclusion of Insured Letters and Money Orders Agreements (Paris 1878) (see item r below);

b.         conclusion of a Collection of Bills Agreement (Lisbon 1885) (see item w below);

c.         conclusion of a Subscriptions to Newspapers and Periodicals Agreement (Vienna 1891) (see item w below);

d.         creation of the international reply coupon (Rome 1906);

e.         conclusion of a Giro Transfers Agreement (now Giro Agreement) (Madrid 1920);

f.          creation of the small packet service (London 1929);

g.         conclusion of an Agreement with the United Nations; changes in the procedure relating to the admission of new members; creation of the Executive and Liaison Committee; conclusion of a Cash-on-Delivery Agreement (Paris 1947);

h.         extension of the free postage already provided for prisoners of war and civilian internees and granting of the same exemption to literature for the blind; introduction of simultaneous interpretation in the accepted languages for sessions of Congress and of the other UPU bodies (Brussels 1952);

i.          conclusion of an International Savings Agreement Service (see item w below); creation of the Consultative Committee for Postal Studies (Ottawa 1957) (see item m below);

j.          general revision of the Convention and its division into four distinct Acts: Constitution, General Regulations, Convention and Detailed Regulations (Vienna 1964);

k.         the institution of a new language system providing inter alia for the provision of the Union's publications in other languages than the official one, at the request and at the expense of a member country or group of member countries (Vienna 1964) (see item p below);

l.          confirmation of the UPU's participation in various technical assistance programmes and inclusion of that activity in the UPU Constitution (Vienna 1964);

m.        creation of the Consultative Council for Postal Studies in place of the Consultative Committee for Postal Studies and its Management Council (Tokyo 1969);

n.         transfer to Congress of the power to elect the Director-General and Deputy Director-General of the International Bureau (Lausanne 1974);

o.         new services within the framework of the Giro Agreement (Lausanne 1974);

p.         official publication of UPU documents in French, Arabic, English and Spanish at the Union's expense (Lausanne 1974); agreement by the Union to bear the costs of publication, the costs of translation into languages other than French being borne by the language groups;

q.         introduction of a further four languages, Chinese, German, Portuguese and Russian, for the official publication of Union documents with a limited subsidy (Rio de Janeiro 1979 and Hamburg 1984);

r.          incorporation of the provisions of the Insured Letters Agreement in the Convention and its Detailed Regulations (Rio de Janeiro 1979);

s.          50 percent increase in basic rates, the possibility being left to countries to adapt their rates better to their production costs (Rio de Janeiro 1979 and Hamburg 1984);

t.          aligning the Union financing system on that of the other UN specialized agencies; from 1980, member countries pay their contributions in advance and Switzerland no longer has to provide the necessary advances of funds (Rio de Janeiro 1979);

u.         introduction alongside the gold franc of "Special Drawing Rights" (SDR) as a reference currency in international settlements (Rio de Janeiro 1979) (see item w below);

v.         adoption of two basic rates for calculating "terminal dues": 8 gold francs per kg for letter-post items (not including printed papers sent in special bags) and 2 gold francs per kg for printed papers sent in special bags (Hamburg 1984);

w.        abolition of the Collection of Bills Agreement, the International Savings Service Agreement and the Subscriptions to Newspapers and Periodicals Agreement; abolition of the gold franc as monetary unit of the Union; transfer to the Executive Council of legislative powers as regards the Detailed Regulations (Washington 1989);

x.         introduction of a separate rate for LC and AO in relations between two administrations with an annual volume of traffic of more than 150 tonnes (Washington 1989);

y.         adoption of the Washington General Action Plan;

z.          reform of the Union based on the following four main components:

*          restructuring of the organization (creation of the CA and the POC in particular);

*          strategic planning;

*          programme budgeting;

*          recast of the Acts of the UPU (Seoul 1994);

 

aa.        adoption of the Seoul Postal Strategy (Seoul resolution C 95/1994);

ab.       adoption of English as second working language of the International Bureau and creation of a French language group (Seoul 1994).

 

Apart from the ordinary or extraordinary Congresses, the Constitution used to provide for Administrative Conferences for the consideration of purely technical questions. The Union has availed itself of this possibility only three times, namely:

 

*          the 1880 Paris Conference, which led to the conclusion of a Special Convention concerning Postal Parcels;

*          the 1890 Brussels Conference, which was entrusted with the drawing up of a draft Subscriptions to Newspapers and Periodicals Agreement; and

*          the 1927 Hague Conference, which laid down the first airmail provisions.

 

There are two reasons why Administrative Conferences did not meet with much success: firstly, most of the questions for which they had been created were henceforth dealt with by the Executive Council or the Consultative Council for Postal Studies; secondly, the Detailed Regulations of the Convention and of the Agreements which could have been revised at such Conferences were revised at Congresses at the same time as the treaties to which they related. The 1984 Hamburg Congress did away with the possibility of holding Administrative Conferences, and with Special Committees, for the same reasons.

B. The Council of Administration (CA)

This body, originally called the Executive and Liaison Committee (ELC), was created by the 1947 Paris Congress for two reasons. One, external to the UPU, is that the UN made the creation of this body a condition for the admission of the UPU as a specialized agency; the other is that the need was increasingly felt for a body that could replace the Special Committees previously set up on an occasional basis for the study of special problems.

It became the Executive Council at the 1964 Vienna Congress. Its present title dates from the 1994 Seoul Congress. Its role essentially is to oversee all Union activities and to study questions regarding government policies.

C. The Postal Operations Council (POC)

At its inception, the ELC was instructed to deal with technical questions of all kinds, of interest to the international postal service. In this field it has to its credit the establishment within the International Bureau of a service for technical studies and for the exchange of information of all kinds, as well as the publication of several studies in the "Collection of Postal Studies". But as the technical problems became increasingly numerous and more complicated and the administrations became increasingly concerned with their solution, it soon became necessary to entrust these tasks to a special body of the Union.

At its May 1955 session, the ELC considered a proposal for the setting up of a permanent Special Committee for technical studies, which would devote itself to studies in the field of postal mechanization. Before taking a decision, the ELC instructed the Secretary-General to draw up a report on the various aspects of the problem. The report was discussed at the 1956 session, which expressed its desire that information on the most up-to-date experiences should be generally disseminated and that the most extensive data should be given on all questions likely to assist the progress and improvement of the postal service. As regards the body to be created, there were two general tendencies in the ELC: that a Special Committee within the meaning of article 16 of the Convention (Brussels 1952) should be set up, and that a Subcommittee of the ELC should be created. Finally, the ELC appointed, for the period up to the Ottawa Congress, a Subcommittee for Technical Studies.

The Subcommittee for Technical Studies met in November 1956 at Rome and in March 1957 at Lausanne. It recommended that the ELC should set up a Consultative Committee for Postal Studies and should submit to it, firstly, the proposals submitted jointly by its members on their behalf to the Ottawa Congress by the administration of the Netherlands, and secondly a list of subjects for studies which the Ottawa Congress could entrust to this new organ. During its 1957 session, the ELC made a detailed examination of the question, and the results of its deliberations took the form of a recommendation, a resolution and two amendments to the proposals of the Netherlands mentioned above.

In addition to the proposals of the ELC and the Netherlands, the 1957 Ottawa Congress considered various proposals for a new body to which the various questions would be entrusted for study. A Special Committee was set up (the Committee for the Technical and Economic Studies Programme) to study all these proposals. The results of its work (among which should be particularly noted the draft resolution on the convening of the constituent plenary assembly of the CCPS, and the proposals to be inserted into the UPU Acts) were approved by Congress.

The 1964 Vienna Congress coordinated the functioning of the bodies of the UPU. By a special provision of its Rules of Procedure, it decided that the CCPS should meet at the same time as Congress, that it should be one of the Committees of Congress and that the latter should elect the members of its Management Council. These measures for immediate application were subsequently made definitive. Moreover, Congress ratified the creation of the Steering Committee of the Management Council, a body which the latter had thought appropriate for preparing and directing the work; it authorized the Management Council to formulate proposals to Congress subject to the approval either of the EC or of the CCPS, according to the nature of the propositions; finally it decided definitively on publication of the "Comprehensive report on the work of the Management Council", which this Council had considered should be submitted to the Vienna Congress, basing itself on the procedure followed by the EC.

The CCPS, set up by the 1957 Ottawa Congress, was a semi-fictitious body; in fact the permanent and active body was its Management Council. Under the General Regulations, article 104, paragraph 4 (Vienna 1964), the CCPS was supposed to meet at places and on dates fixed by Congresses and to function like a Congress Committee. In fact the CCPS only acted as Committee 3 of the 1964 Vienna and 1969 Tokyo Congresses and played no effective part in the period between Congresses.

To avoid confusion between the CCPS as a permanent body and as a Congress Committee, the 1969 Tokyo Congress abolished the Consultative Committee for Postal Studies and replaced its Management Council by a Consultative Council for Postal Studies. The new Consultative Council for Postal Studies, also called hereinafter "CCPS", thus became a body of the Union (see Constitution, article 13) whose activities are described in the General Regulations, articles 104 and 105.

In this body's present description, the 1994 Seoul Congress emphasized that operational and especially commercial questions would occupy a prominent place in the new Council.

D. The International Bureau (IB)

The International Bureau was created by article15 of the 1874 Berne Treaty. The actual installation of the International Bureau took place on 15 September 1875.

The International Bureau is the only really permanent body of the Union, whose headquarters are at Berne. It serves as an instrument of liaison, information and consultation for administrations. Since the 1994 Seoul Congress, it has been called upon to play an expanded role that goes well beyond its traditional secretariat and administrative support functions with the Councils and with Union member countries. On the other hand, it is not qualified to intervene in relations between postal administrations and their customers. For the functions of the International Bureau, see the comments under article 110 of the General Regulations.

The International Bureau may also be called upon to give its opinion on theinterpretation of the Acts of the Union, whether in cases of dispute between postal administrations or not. It may even be appointed as sole arbitrator in disputes between two administrations. In such cases the arbitration decision is binding on the parties involved.

 

VIII. Language system of the UPU

Since the creation of the UPU it has been a principle that French is the official language of the Union. This principle was applied to the Acts and the documentation of the Union and in Congress discussions and the work of the International Bureau. At the 1920 Madrid Congress, however, the question was raised of using Spanish and English as additional official languages, either for Congress discussions or for the documentation to be published by the International Bureau. The problem then developed differently as regards the languages used in discussions and those used for documentation. As from the 1924 Stockholm Congress and up to and including the 1947 Paris Congress, the Congress Rules of Procedure provided, in exceptional cases, for the possibility of delegations using interpreters designated by themselves to speak in French on their behalf. The 1952 Brussels Congress, while retaining French as the sole official language of the UPU, authorized simultaneous interpretation of its discussions into French, English, Russian and Spanish, and, in exceptional cases, permitted delegations to use an interpreter designated by themselves to put forward observations or proposals in French or in one of the other admissible languages. As from this Congress it was judged advisable, in view of the measures necessary before conferences to ensure the smooth working of the new system (installing technical equipment, engaging highly qualified interpreters, etc), to insert into the actual Convention binding provisions concerning the language system of the Union, in order to solve the language problem, not merely for future Congresses, but also for the meetings of other bodies of the Union.

The question of the languages to be used for the Acts and documentation of the Union was the subject of various proposals at the 1947 Paris Congress, the 1952 Brussels Congress and the 1957 Ottawa Congress. These proposals were not adopted. The 1964 Vienna Congress, after debating, at great length, decided to uphold the policy that French should be the Union's official language, while agreeing that the documentation of the Union may, at the request of the interested parties, and in accordance with the procedure laid down in General Regulations, article 108, be supplied in other languages.

While keeping French as the Union's sole official language, the 1974 Lausanne Congress also admitted Arabic, English and Spanish for Union documentation, in accordance with the system laid down in the General Regulations, article 108.

The 1979 Rio de Janeiro Congress, in turn, admitted the official publication of Union documentation in Chinese, German, Portuguese and Russian but limited to 50 000 Swiss francs a year for each language group the relevant costs to be borne by the Union (see General Regulations, article 108, paragraphs 1 and 6, and resolution C106/1979). The 1984 Hamburg Congress, by resolution C 63/1984, increased this amount to 150 000 Swiss francs.

While confirming French as the Union's official language, the 1994 Seoul Congress accepted English as the second working language of the International Bureau alongside French and decided the creation of a French language group.

 

IX. Technical assistance

Direct technical assistance granted to each other by member countries of the UPU is very important and includes assistance by experts, the provision of study and training facilities, the exchange of background material, information, and the results of experiments and tests, etc.

UPU multilateral technical cooperation is essentially carried out under the United Nations Development Programme (UNDP), set up by resolution 2029 (XX) (22 November 1965) of the UN General Assembly, which came into effect on 1January 1966.

This programme is the result of the amalgamation of the UN Special Fund and the UN Expanded Programme of Technical Assistance (EPTA).

By its resolution 2688 (XXV) of 11 December 1970, the UN General Assembly laid down the main foundations of radical changes in the UNDP, aimed at improving and increasing its assistance capacity and that of the organizations participating in the Programme.

Technical assistance provided under the UNDP includes experts' and consultants' missions to beneficiary countries, the granting to their nationals of fellowships for study and further training, the organization of training courses and study cycles, and the supply of training and operational equipment.

The UPU became a participating organization in EPTA/UNDP by virtue of ECOSOC resolution 902 (XXXIV) of 2 August 1962. However, its multilateral technical assistance activities under the aegis of the UN actually began 10 years before by the provision of assistance to the UN whenever this was requested for the consideration of postal projects, then managed direct by the UN, and the recruitment of certain experts.

Since then, the UPU has become increasingly involved in the other UN technical cooperation programmes and it concluded an agreement in 1966 with the UNDP on the implementation of Special Fund Component projects.

The 1984 Hamburg Congress established priorities specific to each region receiving postal technical assistance and five priority fields of action at world level. That Congress aimed at obtaining an increase in the UPU budgetary credits allocated to technical assistance, continuing efforts to promote the strengthening of technical cooperation among developing countries, adopting a special programme for the least developed countries and implementing a specific technical assistance action with regard to international payments.

The 1989 Washington Congress also decided to strengthen and develop technical cooperation thereby assisting administrations to implement the Washington General Action Plan (WGAP).

For its part, the 1994 Seoul Congress adopted a series of resolutions dealing with:

 

*          UPU technical assistance priorities and action principles (C 16/1994);

*          strengthening UPU presence in the field (C 21/1994);

*          financing of UPU technical assistance activities (C 22/1994);

*          UPU environmental protection policy (C 34/1994);

*          technical cooperation among developing countries (C 63/1994);

*          UPU action for the least developed countries (LDCs) (C 64/1994);

*          development of human resources and training (C 79/1994);

*          PDAG work plan 1995-1999 (C 80/1994);

*          establishment of an institute of higher postal studies under UPU auspices (C81/1994).

 

The idea that the UNDP should remain the principal source of finance for technical assistance activities has been retained since the 1969 Tokyo Congress (see Seoul resolution C 22/1994).

Operational activities have gained a new dimension since the 1969 Tokyo Congress, mainly because there has been an effective start on the training centres, multinational or national, set up with the financial help of the UNDP.

Moreover, pursuing its activities started before the 1969 Tokyo Congress with regard to further training of senior staff, the UPU is continuing to organize symposia and study cycles, whether using its own resources or calling on the UNDP for assistance.

In view of the increase in requests for missions in very specialized fields and in order to obtain greater efficiency in the missions, the 1974 Lausanne Congress authorized the use of the credits earmarked for recruiting specialists to finance short consultants' missions (up to two or three months) to be carried out by officials made available to the UPU by administrations in order to undertake highly specialized technical work in countries so desiring.

The 1979 Rio de Janeiro Congress authorized the more flexible utilization of budgetary credits relating to UPU consultants' missions so that they could be used for financing fellowships and equipment connected in principle with the consultants' missions.

In addition, the UPU prepares and administers projects common to several countries (regional and interregional projects) which it programmes in conjunction with the Restricted Postal Unions and the United Nations Regional Economic Commissions, so that the problems arising in a specific region (eg, setting up intercountry postal training schools) can be solved in the most rational and least expensive way.

The many changes which have occurred over the past few years have led the UPU to step up its activities and give technical cooperation a new dimension. For instance, alongside technical assistance in conjunction with the UNDP, the UPU finances short projects out of its regular budget and under the UPU Special Fund which is maintained by voluntary contributions from member countries (study cycles, training fellowships and the services of development consultants who make on-the-spot studies of various questions, in particular about training, management and operations, and advise postal administrations on the measures to be taken in these fields).

In addition to the aid likely to be obtained from the multilateral assistance bodies, the UPU also encourages and supports, to the extent of its ability, bilateral and multibilateral assistance between postal administrations and also makes continued efforts to promote technical cooperation among developing countries (TCDC) in order to facilitate the mutual supply of assistance between such countries.

To translate into fact a principle of action decided successively by the 1974 Lausanne Congress, the 1979 Rio de Janeiro Congress and the 1984 Hamburg Congress concerning decentralization of UPU technical assistance activities, the 1989 Washington Congress adopted a resolution aimed at creating six Regional Advisers' posts with effect from January 1991. In resolution C 21, the Seoul Congress decided to bring to eight the number of Regional Adviser posts. These Regional Advisers are responsible for the following tasks, among others:

 

*          project programming and design;

*          project execution and follow-up;

*          assistance to postal administrations in the postal operations field;

*          promotional and consciousness-raising activities;

*          activities of a general nature mainly for the purpose of informing the countries about major decisions taken within the UPU.

 

This form of UPU presence in the field will improve International Bureau activities and allow it to effectively help the administrations of the developing countries to cope with the major challenges facing the Post.

 

X. The finances of the Union

Congress fixes the Union's maximum expenditure for each of the years following Congress. This expenditure may be exceeded only in the circumstances and according to the procedure laid down in article 125 of the General Regulations. Expenditure, including that relating to Congress, the Council of Administration, the Postal Operations Council and the International Bureau, is jointly borne by all member countries of the Union. The cost-sharing system provides for the division of members into eleven contribution classes paying from one-half to fifty units, as the case may be. In the case of the accession or admission of a member country, it chooses the class in which it is to be placed. Any member country may subsequently change its contribution class provided the change is notified to the International Bureau before the opening of Congress and provided the member country does not ask to be downgraded more than one class at a time. There are no restrictions on changes to a higher class.

The Union's budget is submitted every year for the consideration and approval of the Council of Administration. The Union's annual accounts are verified by the Federal Audit Office of the Swiss Confederation, which certifies their correctness. Until the 1979 Rio de Janeiro Congress, advances of funds were made by the Swiss Government. Since then, the UPU has adopted a system of self-financing similar to that of the UN and the specialized agencies.

 

XI. Relations with the UN and other international organizations

The UN Charter signed at San Francisco on 26 June 1945 contains in its preamble the considerations which inspired its founders. In particular it states that the UN is resolved "to employ international machinery for the promotion of the economic and social advancement of all peoples". In accordance with this principle, the Charter contains a special chapter on international economic and social cooperation (chapter IX). The articles of this chapter which form the basis for the relations between the UPU and the UN are given below:

«Article 55

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

 

a.         higher standards of living, full employment, and conditions of economic and social progress and development;

b.         solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and

c.         universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

 

Article 56

All members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in article 55.

Article 57

1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of article 63.

2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.

[‹Article 17

...

3. L'Assemblée Générale examine et approuve tous arrangements financiers et budgétaires passés avec les institutions spécialisées visées à l'article 57 et examine les budgets administratifs desdites institutions en vue de leur adresser des recommandations.›]

Article 58

The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.

Article 59

"The Organization shall, where appropriate, initiate negotiations among the States concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in article 55.

Article 60

"Responsibility for the discharge of the functions of the Organization set forth in this chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in chapter X.

Article 62

"1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the members of the United Nations, and to the specialized agencies concerned.

2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.

3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.

4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.

Article 63

1. The Economic and Social Council may enter into agreements with any of the agencies referred to in article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.

2. It may coordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to members of the United Nations.

Article 64

1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.

2. It may communicate its observations on these reports to the General Assembly.

Article 70

The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.»

Since the 1947 Paris Congress, the Union has been linked with the United Nations (UN) under an Agreement which is appended to the Constitution. This Agreement, approved by the UN General Assembly on the recommendation of the ECOSOC, was signed on 4 July 1947 and went into force at the same time as the Paris Convention on 1 July 1948. It was completed by the Supplementary Agreement dated 13 and 27 July 1949, applied as from 22 October 1949, which is also appended to the Constitution. Under theseAgreements the UN recognizes the Universal Postal Union "as the specialized agency responsible for taking such action as may be appropriate under its basic instrument for the accomplishment of the purpose set forth therein".

Initially, contacts between the UN and the UPU were infrequent and of minor importance. They increased following the 1957 Ottawa Congress, particularly owing to the development of technical assistance and the alignment of the conditions of service of the International Bureau staff on the UN common system. The various questions of interest to and dealt with by both the UN and the UPU are periodically discussed in the Reports on the work of the Union and the Comprehensive Reports on the activities of the CA (EC, ELC).

At the moment, UPU cooperation with the UN, including organizations with specialized agency status, covers many spheres of activity both global and technical in nature. This cooperation consists of several structures and levels.

As regards the UN proper, the UPU is particularly involved in the follow-up to many international conferences worldwide organized under UN auspices such as the Conference on Environment and Development, the Conference on Social Development and the Fourth Conference on Women. Moreover, social and economic activities are reflected in such UN structures as ECOSOC and UNCTAD.

The UPU is a member of the Administrative Committee on Coordination (CAC), the main coordination body within the UN system. This body comprises the Executive Heads of the UN specialized agencies, funds and programmes. At its annual meetings, it examines political, social and economic questions, and other matters of current interest.

The UPU maintains particularly close relations with many organizations operating in the communications sectors and related areas. These include such specialized agencies as UNESCO, WHO, ICAO and ITU, and such non-governmental international organizations as the ISO, IATA and WCO.

Greater emphasis is now being placed on cooperation with organizations representing the main consumers of international postal services as part of the organization's policy of closer relations with its customers in order to serve them better.

The UPU has appropriate structures for this purpose, including the Publishers-UPU, WCO-UPU, ITU/T-UPU, Philately-UPU, Private Operators-UPU, etc, Contact Committees.

The United Nations postal administration was created in 1951.

At its October 1948 session, the ELC adopted a resolution which, as amended at the 1951 May-June session, reads as follows:

"The Secretary-General of the United Nations having officially informed the Universal Postal Union of the resolution adopted at the third session of the United Nations General Assembly, held in Paris, which approves in principle the idea of establishing a United Nations postal administration and to this end requesting the assistance of the Universal Postal Union, the Executive and Liaison Committee expressed the following opinion:

 

1.         The United Nations, without being a member of the Universal Postal Union, may form a separate postal administration belonging to the Universal Postal Union, represented as regards postal matters by a member country of the Universal Postal Union.

2.         The member country representing the postal administration of the United Nations shall at the appropriate time inform all the administrations of the Universal Postal Union of the establishment of this administration, through the intermediary of the International Bureau.

3.         In carrying out its postal operations the United Nations postal administration shall be bound to observe the provisions of the Convention and its Regulations (Summary Record of the May-June session, 1951, page 13).»

 

The UN General Assembly adopted several resolutions concerning the creation of a UN administration. The UN administration went into operation on 24 October 1951 in pursuance of the Postal Agreement between the UN and the United States of America, concluded on 28 March 1951 (for text of the Agreement, see Documents of 1952 Brussels Congress, II 100-102). The provisions of the Agreement were amended as from 17 November 1952 by an exchange of letters between the Secretary-General of the UN and the United States of America, dated 7 November 1952 and 17 November 1952 respectively.

The 1952 Brussels Congress recognized the establishment of the UN administration in resolution C 2/1952.

At its 14th session the ECOSOC in turn adopted a resolution (part B) 451 (XIV) of 28 July 1952 worded as follows:

"The Economic and Social Council,

"Noting with satisfaction that the Administrative Committee on Coordination has taken the view that it would be advantageous for the United Nations and the specialized agencies to make common arrangements with regard to postal matters,

"Noting also the resolution on United Nations and specialized agencies postal affairs adopted by the 13th Congress of the Universal Postal Union and, specifically, the recommendation therein that any further postal activity proposed by the United Nations or by a specialized agency should be the subject of consultation with the Universal Postal Union through its Congress or Executive and Liaison Committee, and that after such consultation any agreement should be concluded only after favourable recommendation by the General Assembly of the United Nations,

"Requests the specialized agencies to submit any proposals which may be made by them concerning postal operations to the Secretary-General of the United Nations for consultation with the Universal Postal Union through its competent organs, and for subsequent consideration by the General Assembly."

Moreover, in expectation of an agreement between the Swiss PTT and the UN concerning the use of UN postage stamps by the UN Office at Geneva, the EC adopted resolution CE 8/1968 in which, after reaffirming the sovereign right of administrations in the issue of postage stamps (Convention, article 9), it declared its confidence in the administrations of the UN and Switzerland with regard to the implementation of the envisaged agreement, it being understood that this agreement:

 

*          should be restricted in its application exclusively to the UN Office at Geneva, as part of the UN Secretariat;

*          should in no way constitute a precedent for similar requests which might be made by the specialized agencies, regional offices or other bodies of the UN, or, more generally, by any services of the UN other than the UN Secretariat in New York and at Geneva.

 

Despite this latter condition, in connection with the issue of UN postage stamps in Austrian currency for use by the part of the UN Secretariat installed in Vienna, the EC passed resolution CE 8/1978 similar, with appropriate changes, to resolution CE 8/1968.

The issue of special postage stamps at the request of the UN and the specialized agencies was considered by the ELC. The latter thought that the UPU should not get involved in the question of special issues, since this was an internal matter for each country. This view was upheld by the 1964 Vienna Congress, which rejected a draft recommendation calling on administrations to issue from time to time postage stamps mentioning the activities of a UN specialized agency. However, under the UN-UPU Agreement, suggestions regarding special or commemorative issues originating with the UN and its specialized agencies are brought to the attention of administrations by International Bureau circular.

 

XII. Conclusion

This necessarily brief survey will give the reader an overall picture of the Union's main features and of the successive stages in its development.

Throughout its long history the Union has steadfastly pursued the objectives set for it by its founders. The decisions of its principal bodies have always been characterized by intelligent moderation, and it has constantly expanded its field of activities. It continues its noble mission throughout the world for the greater benefit of international cooperation between peoples and individuals.

 

Bibliography

 

 

UPU Publications

One hundred years of international postal cooperation. (Special edition No 11/12 of the periodical "Union Postale"). Berne 1974

Documents of the 1989 Washington Congress. Final texts of the Acts. Berne 1990

L'Union postale universelle. Sa fondation et son développement 1874-1949. Memorandum published by the International Bureau. Berne 1949

Union postale universelle. Histoire de l'organisation et des services postaux 1948-1988. International Bureau of the Universal Postal Union. Berne 1989

Comprehensive reports on the work of the Executive Council (Executive and Liaison Committee up to 1964). Published on the occasion of each Congress. Berne

Comprehensive reports on the work of the Consultative Council for Postal Studies (Management Council of the Consultative Committee for Postal Studies up to 1969). Published on the occasion of each Congress. Berne

Reports on the work of the Union. Annual publication. Berne

 

Publications about the UPU or particular aspects of it

Ch. Alexandrowicz. The Universal Postal Union, World Economic Agencies. New York 1962, pp 1 to 34

J. Ascandoni Rivero. La Unión postal universal (UPU). Thesis; Madrid 1983

C.J. Beelenkamp. La coopération entre l'Organisation des Nations Unies et l'Union postale universelle. Overeen 1949

Les lois postales universelles. La Haye 1910

Réformes postales internationales. Bloemendaal 1947

R. Blayac. Origine, évolution et organisation de l'Union postale universelle. Thesis; Montpellier 1932

H. Boisson. La Société des Nations et les Bureaux internationaux des Unions universelles postale et télégraphique. Paris 1932

H. Bühler. Der Weltpostverein; eine völkerrechtsgeschichtliche und wirtschaftspolitische Untersuchung. Berlin 1930

J. Buser. Zur Entwicklung des Weltpostvereins und des Weltpostrechts. Zürich 1935

L. Chaubert. L'Union postale universelle, son statut juridique, sa structure et son fonctionnement. Berne 1970 (translated into Arabic and Thai)

J. Chevallier. L'avenir de la poste. Rapport de mission au Ministre des postes et télécommunications et de la télédiffusion. Paris 1984

K. Clark. International Communications. New York 1931

G.A. Codding, Jr. The Universal Postal Union, Coordinator of International Mails. New York 1964

B. Colas. Accords économiques internationaux. Répertoire des accords et des institutions. Paris 1990

J.D. Cotreau. Historical Development of the Universal Postal Union and the Question of membership. Boston 1975

E. Diena. L'Unione postale universale. Thesis; University of Rome 1950

L. Duparc. La poste aujourd'hui et demain. Paris 1989

K. Fazelly. L'Union postale universelle. Thesis; University of Paris 1959

K. Fazelly and M. Laffont. Le droit international de la poste. «Droit des PTT» 9/1987

E. Gallois. La poste et les moyens de communications des peuples à travers les siècles. Paris 1894

M.E. Garbani-Nerini. Les bases, l'organisation et le développement de l'Union postale universelle. Zurich 1935

V. Grignoli. La poste aérienne. Thesis; Lausanne 1969

F. Haass. Weltpostverein und Einheitsporta. Berlin 1913

H. Hausmann. Die DDR und der Weltpostverein. Marburg 1974

G.B. Hill and Sir Rowland. The Life of Sir Rowland Hill and the History of Penny Postage. London 1880

R. Jaspers. Heinrich von Stephan, der Schöpfer der Welteinheit im zwischenstaatlichen Postverkehr. Frankfurt 1938

J. Jung. Der Weltpostverein und sein Einfluss auf den Weltverkehr und die Weltwirtschaft. Strassburg 1903

L. Kammerer. Johann von Herrfeldt und die Idee des Weltpostvereins. Hamburg und Berlin 1963

A. Kiderlen. Die Funktion des Weltpostvertrags im zwischenstaatlichen Postverkehr. Thesis; Geislingen 1946

F. Koller and H.F. Leinung. 40 Jahre Vollzugsrat des Weltpostvereins. Bad Windsheim 1987

La poste et le rendez-vous européen. Paris 1988

H. Krains. L'Union postale universelle. Berne 1908

G. Lacroix. Exposé du système général de l'Union postale universelle. Thesis; Toulouse 1910

A.N. Mir-Eskandari. L'institution internationale spécialisée des PTT (UPU). Thesis; Paris 1951

G. Moynier. Les bureaux internationaux des unions universelles. Genève 1872

North, Wyss, Le Saux, Daniel and Savoie. La poste, lien universel entre les hommes. Lausanne 1974. Published in Arabic, English and German

G. Pagni. L'Unione universale delle poste. Florence 1885

M. El Rahi. La poste aérienne dans le cadre de l'Union postale universelle. Thesis; Paris 1964

H. Ranaivoson. L'Union postale universelle (UPU) et la constitution d'un territoire postal unique. Berne 1988. Thesis; University of Fribourg 1988

Relations UPU-Nations Unies. Conférence d'experts. New York 1946

F.A. Risch. Die Idee des Weltpostvereins. Hamburg 1948

W. Roberts. History of Letter-Writing from the Earliest Period to the Fifth Century. London 1843

A. de Rothschild. Histoire de la poste aux lettres depuis ses origines les plus anciennes jusqu'à nos jours. Paris 1873

H. Sasse. Der Weltpostverein. Berlin 1959

K. Schmarakkul. L'action de développement de l'Union postale universelle et son rôle en Asie orientale. 1975

K.-H. Schramm. Der Weltpostverein. Zusammengestelt und eingeleitet. Berlin1983

K. Schroeter. Der Weltpostverein. Berne 1900

Séminaire interrégional, Berne, 14-26 juin 1971. Organisé à Berne par le Bureau international de l'UPU. Berne 1972

H. von Stephan. Weltpost und Luftschiffahrt. Berlin 1874

UPU-United Nations Relations. Meeting of Experts. New York 1946

H. Weithase. Geschichte des Weltpostvereins. Strassburg 1895

G.H. White. The Universal Postal Union: A Case Study on the Dynamics of Functionalism. New Orleans 1970

 

Articles about the UPU and the Restricted Unions

J. Ascandoni Rivero. La Conferencia Europea de Administraciones de Correos y Telecomunicaciones (CEPT). Madrid 1981

A. Bakir. Evolution d'une Union restreinte: l'Union postale arabe. «Union Postale» 6/1964

Une nouvelle Union restreinte: l'Union postale africaine. «Union Postale» 2/1963

F. Braize. Le marché du courrier: quelle organisation juridique et selon quelle problématique? «Juris PTT» 18/1989

F. Cicéron. L'action des institutions spécialisées dans le domaine de la formation professionnelle. «Union Postale» 2 and 3/1964

G. Clermont. Une nouvelle ère internationale. «Cadres» 8/1989

Commentaires du Bureau international de l'Union postale universelle au sujet du Livre vert sur le développement du marché unique des services postaux de la Commission des Communautés européennes. Bureau international de l'UPU. Berne 1992

Comments of the International Bureau of the Universal Postal Union on the Green Paper on the Development of the Single Market for Postal Services of theCommission of the European Communities. International Bureau of the UPU. Berne 1992

La coopération technique. «Union Postale» 2/1989

Davezac et Pouilles. Du franc-or à une nouvelle unité de compte pour la poste et les télécommunications. «Revue des PTT de France» 3/1977

La Déclaration de Hamburg - Dossier. «Union Postale» 6/1986

D.G. Foot. Actes de l'UPU: nouvelles perspectives. «Union postale» 3/1989

E.M. Gharbi. La déréglementation, un facteur de modernisation de la poste. «Communiquer» 6/1985 and «Union Postale» 1/1987

F. Hess. Der Weltpostverein: Ein Beispiel friedlicher internationaler Zusammenarbeit. «Schweizerisches Archiv für Verkehrswissenschaft und Verkehrspolitik» 1/1955

F. Koller. Genèse de la Conférence européenne des Administrations des postes et des télécommunications. «Archiv für das Post- und Fernmeldewesen» 4/1960

100 Jahre Weltpostverein. «Zeitschrift für das Post- und Fernmeldewesen»

19/1974

Engere Vereine des Weltpostvereins. «Handwörterbuch des Postwesens», I. Band 1971

Vingtième anniversaire de la Conférence européenne des Administrations des postes et des télécommunications (CEPT). «Union Postale» 1/1980

A. Krog. L'Union postale des pays du Nord. «Union Postale» 6/1964

C. Labarrère. Les Unions restreintes de l'UPU. «Revue des PTT de France» 5/1981

Le régime linguistique de l'Union postale universelle. «Union Postale» 5/1985

J. Milne. Le Comité de contact IATA-UPU: 30 ans de collaboration. «Union Postale» 3/1986

L'organisation et le fonctionnement de la CEPT. «Revue des PTT de France»

3/1980

Organisation et fonctionnement du Congrès. «Union Postale» 1/1989

J. Paillard. Le timbre-poste et la réglementation internationale. «Union Postale»

2/1986

J. Pouilles. De l'étalon-or aux paniers de monnaies à travers les systèmes monétaires. «Revue des PTT de France» 2/1980

M. Rahi. L'Union postale universelle, son uvre et son fonctionnement en tant qu'institution spécialisée. «Union Postale» 1/1963

F. Reiss and F. Koller. Der Weltpostverein als Organisation internationaler postalischer Zusammenarbeit. «Jahrbuch des Postwesens 1958», pp 121 to 144

W. Seebass. Das Internationale Büro des Weltpostvereins. «Archiv für das Post- und Fernmeldewesen» 2/1961

Rechtsnatur und Organisation des Weltpostvereins. «Archiv für das Post- und Fernmeldewesen» 2/1962

A. Sourdille. La CEPT: 25 ans de réalisme et de souplesse. «Références» 9/1985

P. Teirilä. Le nouvel arrangement postal nordique. «Union Postale» 2/1973

J. Turc. L'internationale postale - Dossier. «Références» 3/1983

L'UAPT. «Revue des PTT de France» 6/1979

L'UPAE. «Revue des PTT de France» 5/1980

L'Union postale universelle: l'année dernière à Hamburg, chaque jour à Berne, partout dans le monde, la présence de l'UPU. Interview de M. F. Cicéron. «Références» 9/1985

L'Union postale universelle: 110 ans de collaboration internationale. «Revue des PTT suisses» 6/1986

L'UPU adapte ses rouages aux exigences modernes. «Union Postale» 1/1989

H. Wanyahoro. Acheminement des dépêches internationales en Afrique. «Union Postale» 3/1988

E. Weber. L'Union postale universelle et ses Unions restreintes. «Union Postale»

1/1963

R. Wohlfart. Internationale und nationale Entwicklungstendenzen in Bereich des Postdienste. «Postpraxis» 5/1990

 

Abbreviations

 

(The abbreviations listed below are mainly used in the commentary)

 

A. Common abbreviations

ACC    Administrative Committee on Coordination (UN)

Add Prot          Additional Protocol to the Constitution of the UPU

adm(s) or administration(s)        postal administration(s)

Agr      Agreement

AI        advice of entry (Giro)

AICEP Association of Postal and Telecommunications Operators of Portuguese-Speaking Countries and Territories

AO      articles or items other than LC in the classification system based on contents

APPC  Arab Permanent Postal Commission

APPU  Asian-Pacific Postal Union

APTU  African Postal and Telecommunications Union

APU    African Postal Union

AR       advice of delivery

arbit     arbitration

art(s)    article(s)

BPU     Baltic Postal Union

c          centime

CA       Council of Administration

CAPTAC         Conference of Posts and Telecommunications Administrations of Central Africa

CCAQ Consultative Committee (of the ACC) on Administrative Questions

CCC    Customs Co-operation Council

CCPS  Consultative Council for Postal Studies (until 1994)

CCSQ Consultative Committee (of the ACC) on Substantive Questions

CEPT   European Conference of Postal and Telecommunications Administrations

cf         confer (= compare)

circ(s)   circular(s)

cm        centimetre

COD    Cash-on-Delivery Agreement

col        column

comm   commentary

Comm  Committee

Compendium    Compendium of Information (Convention, Agreements, etc) published by the International Bureau

Conf(s) Conference(s)

Const or Constitution    Constitution of the Universal Postal Union

Conv or Convention     Universal Postal Convention

CPU    Caribbean Postal Union

CSFPE            European Postal Financial Services Commission

dm       decimetre

Doc(s)  Document(s) (of Congresses, Conferences, Executive Council, etc)

doc      document

EC       Executive Council (up to 1994)

ECOSOC        United Nations Economic and Social Council

EDI      Electronic Data Interchange

eg         for example

ELC     Executive and Liaison Committee (up to 1964)

et seq   and those that follow

FAO    United Nations Food and Agriculture Organization

Fin Prot            Final Protocol (to the respective Act)

fr          franc

g          gramme

g fr       gold franc

Gen Ass           General Assembly

Gen Regs         General Regulations

Giro     Giro Agreement

h          hour

IAEA   International Atomic Energy Agency

IATA   International Air Transport Association

IB        International Bureau

IBRS    International Business Reply Service

ICAO  International Civil Aviation Organization

ICS      International Chamber of Shipping

ICSC   International Civil Service Commission

id         idem

IDA     International Development Association

IFC      International Finance Corporation

ILO      International Labour Organisation

IMF     International Monetary Fund

IMO    International Maritime Organization

ISO      International Organization for Standardization

ITU      International Telecommunication Union

JIU       Joint Inspection Unit

kg        kilogramme

km       kilometre

lb (16 oz)         pound avoirdupois (453.59 grammes)

LC       letters and postcards

LDCs   Least Developed Countries

m         metre

max      maximum

min       minimum

mm       millimetre

mn        minute (of time)

Money Orders  Money Orders Agreement

No(s)   number(s)

NPU    Nordic Postal Union

oz         ounce (28.3465 grammes) (one-sixteenth of the pound avoirdupois)

p, pp    page(s)

PAPU  Pan-African Postal Union

para     paragraph

Parcels Postal Parcels Agreement

Periodical         Union Postale (quarterly publication of the International Bureau)

POC    Postal Operations Council

POSTEUROP  Association of European Public Postal Operators

prop(s) proposal(s)

Prot or Protocol           Final Protocol (to the respective Act)

prov(s) provision(s)

PUASP            Postal Union of the Americas, Spain and Portugal

RCPT  Regional Community for Posts and Telecommunications

RE or Det Regs            Detailed Regulations

Rep      Report on the work of the Union (Management Report until 1952), published by the International Bureau

Rules of Proc    Rules of Procedure

s           second (time)

S.A.L.  Surface airlifted mail

SDR     Special Drawing Right

sea mile            1852 metres

Subcomm         Subcommittee

subpara            subparagraph

SWAPU          South and West Asia Postal Union

t           tonne (1000 kilogrammes)

TCDC  Technical Cooperation among Developing Countries

t-km     tonne-kilometre or kilometric tonne (unit used in connection with conveyance)

T.m.     sea transit

T.t.       land transit

tech asst           technical assistance

UN      United Nations

UNDP United Nations Development Programme

UNESCO        United Nations Educational, Scientic and Cultural Organization

UPU or Union  Universal Postal Union

vol        volume

WCO   World Customs Organization

WGAP Washington General Action Plan

WHO   World Health Organization

WIPO  World Intellectual Property Organization

WMO  World Meteorological Organization

B. Abbreviations relating to forms

(These abbreviations are always followed by the serial number of the form)

AV       Airmail (Washington 1989)

C         Convention (Washington 1989)

CN      Convention (Seoul 1994)

CP       Parcels

MP      Money Orders

R          COD

VD       Insured letters (Washington 1989)

VP       Giro

 

General list of UPU member countries and of territories included in the Union

 

(Position at 1 May 1999)

 

------------------------------------------------------------------------

Date of entry into the UPU as member country  Contribution units          Geographical group      Party to the 1994 Seoul Agreement (P) or only to the 1989 Washington Agreement (P*)

CP       MP      VP       R

Afghanistan       01.04.1928      0.5       IV        P*        -           -           -

Albania 01.03.1922      1          III        P          P          P          P

Algeria 01.10.1907      5          V         P          P          P          P

Angola 03.03.1977      0.5       V         P          -           -           -

Antigua and Barbuda    20.01.1994      1          I           P*        P*        P*        P*

Argentina          01.04.1878      5          I           P          P          P          P

Armenia           14.09.1992      1          II          P          P          P          P

Australia           01.10.1907      20        IV        P          -           -           -

- Norfolk Island

Austria 01.07.1875      5          III        P          P          P          P

Azerbaijan        01.04.1993      0.51     II          P*        -           -           -

Bahamas          24.04.1974      1          I           P          -           -           -

Bahrain 21.12.1973      1          IV        P          -           -           -

Bangladesh       07.02.1973      5          IV        P          P          -           -

Barbados         11.11.1967      1          I           P          -           -           -

Belarus 13.05.1947      1          II          P          -           -           -

Belgium            01.07.1875      15        III        P          P          P          P

Belize   01.10.1982      1          I           P          -           -           -

Benin    27.04.1961      0.5       V         P          P          P          P

Bhutan  07.03.1969      0.5       IV        P          -           -           -

Bolivia  01.04.1886      1          I           P          P          P          P

Bosnia and Herzegovina            01.07.1892/     1          II          P          P          P          P

26.01.1993

Botswana         12.01.1968      1          V         P          -           -           -

Brazil    01.07.1877      20        I           P          P          -           P

Brunei Darussalam        15.01.1985      1          IV        P*        -           -           -

Bulgaria (Rep)  01.07.1879      3          II          P          P          P          -

Burkina Faso    29.03.1963      0.5       V         P          P          P          P

Burundi            06.04.1963      0.5       V         P          P          P          P

Cambodia        21.12.1951      1          IV        P          P          P          P

Cameroon        26.07.1960      1          V         P          P          P          P

Canada            01.07.1878      40        I           P          -           -           -

Cape Verde     30.09.1976      0.5       V         P          P          P          P

Central African Rep      28.06.1961      0.5       V         P          P          P          P

Chad    23.06.1961      0.5       V         P          P          P          -

Chile    01.04.1881      3          I           P          P          P          P

China (People's Rep)    01.03.1914      25        IV        P          P          P          P

- Hongkong, China

Colombia         01.07.1881      3          I           P          -           -           -

Comoros          29.07.1976      0.5       V         P*        P*        P*        P*

Congo (Rep)    05.07.1961      1          V         P          P          P          P

Costa Rica       01.01.1883      1          I           P          -           -           -

Côte d'Ivoire (Rep)      23.05.1961      3          V         P          P          P          P

Croatia 24.12.1921/     1          III        P          P          P          P

20.07.1992

Cuba    04.10.1902      1          I           P          -           -           -

Cyprus 23.11.1961      1          III        P          P          P          P

Czech Rep       18.05.1920/     5          II          P          P          -           P

18.03.1993

Dem People's Rep of Korea     01.01.1900/     32        IV        P*        -           -           -

06.06.1974

Dem Rep of the Congo 01.01.1886      3          V         P          P          P          P

Denmark          01.07.1875      10        III        P          P          P          P

- Faröe Islands

- Greenland

Djibouti            06.06.1978      0.5       V         P          P          -           -

Dominica          31.01.1980      1          I           -           -           -           -

Dominican Republic      01.10.1880      1          I           P          -           -           -

Ecuador           01.07.1880      1          I           P          P          P          P

Egypt   01.07.1875      5          V         P          P          P          P

El Salvador       01.04.1879      1          I           P*        P*        -           -

Equatorial Guinea         24.07.1970      0.5       V         P          P          P          P

Eritrea  19.08.1993      0.5       V         P          -           -           -

Estonia 07.07.1922/     1          II          P          -           -           -

30.04.1992

Ethiopia            01.11.1908      0.5       V         P          -           -           -

Fiji       18.06.1971      1          IV        P          P          -           P

Finland (including the Åland Islands)      12.02.1918      10        III        P          P          P          P

France  01.01.1876      50        III        P          P          P          P

- French Overseas Departments:

- - French Guiana

- - Guadeloupe (including St Barthélémy and St Martin)

- - Martinique

- - Réunion

- Territorial Community of Mayotte

- Territorial Community of St Pierre and Miquelon

- French Overseas Territories coming within the Union's jurisdiction by virtue of article 23 of the Constitution:

- - French Polynesia (including Clipperton Island)

- - French Southern and Antarctic Territories (St Paul and Amsterdam Islands, Crozet Islands, Kerguelen Islands,Terre Adélie)

- - New Caledonia

Gabon  17.07.1961      1          V         P          P          P          P

Gambia            09.10.1974      0.5       V         -           -           -           -

Georgia            01.04.1993      1          II          P*        -           -           -

Germany          01.07.1875      50        III        P          P          P          P

Ghana  10.10.1957      3          V         P          P          -           P

Great Britain:    01.07.1875      50        III        P          -           P          P

- United Kingdom of Great Britain and Northern Ireland

- Guernsey

- Jersey

- Isle of Man

Overseas Territories (United Kingdom of Great Britain and Northern Ireland):   01.04.1877      53        IV        P          -            P          P

- Anguilla

- Ascension

- Bermuda

- British Indian Ocean Territory

- British Virgin Islands

- Cayman Islands

- Falkland Islands (Malvinas)

- Gibraltar

- Montserrat

- Pitcairn, Henderson, Ducie and Oeno (Islands)

- South Georgia and the South Sandwich Islands

- St Helena

- St Helena (dependencies) (Islands)

- Tristan da Cunha

- Turks and Caicos Islands

Greece 01.07.1875      3          III        P          P          P          P

Grenada           30.01.1978      1          I           P          P          -           -

Guatemala        01.08.1881      3          I           P*        -           -           -

Guinea  06.05.1959      0.5       V         P          P          P          P

Guinea-Bissau  30.05.1974      0.5       V         -           -           -           -

Guyana 22.03.1967      1          I           P          P          P          P

Haiti     01.07.1881      0.5       I           P*        P*        -           -

Honduras (Rep)            01.04.1879      1          I           P          -           -           -

Hungary (Rep)  01.07.1875      5          II          P          P          P          P

Iceland 15.11.1919      1          III        P          P          P          P

India     01.07.1876      25        IV        P          -           -           -

Indonesia          01.05.1877      10        IV        P          P          P          P

Iran (Islamic Rep)         01.09.1877      5          IV        P          P          P          P

Iraq      22.04.1929      3          IV        P*        -           -           -

Ireland  06.09.1923      5          III        P          -           -           -

Israel    24.12.1949      3          IV        P          -           -           -

Italy      01.07.1875      25        III        P          P          P          P

Jamaica            29.08.1963      1          I           -           -           -           -

Japan   01.06.1877      50        IV        P          P          P          -

Jordan  16.05.1947      1          IV        P          P          -           -

Kazakstan        27.08.1992      1          II          P          -           -           -

Kenya  27.10.1964      3          V         P          -           -           -

Kiribati 14.08.1984      0.5       IV        P*        -           -           -

Korea (Rep)     01.01.1900      15        IV        P          P          P          P

Kuwait 16.02.1960      10        IV        P          P          -           -

Kyrgyzstan       26.01.1993      1          II          P          P          -           -

Lao People's Dem Rep 20.05.1952      0.5       IV        P          -           -           -

Latvia   01.10.1921/     1          II          P          -           -           -

17.06.1992

Lebanon           12.05.1931/     1          IV        P          P          -           -

15.05.1946

Lesotho            06.09.1967      0.5       V         P          -           -           -

Liberia  01.04.1879      1          V         P          P          -           -

Libyan Jamahiriya         04.06.1952      5          V         P          P          P          P

Liechtenstein     13.04.1962      1          III        P          P          P          P

Lithuania           01.01.1922/     1          II          P*        -           -           -

10.01.1992

Luxembourg     01.07.1875      3          III        P          P          P          P

Madagascar     02.11.1961      1          V         P          P          P          -

Malawi 25.10.1966      0.5       V         P          -           -           -

Malaysia           17.01.1958      3          IV        P          -           -           -

Maldives          15.08.1967      1          IV        P          P          -           -

Mali     21.04.1961      0.5       V         P          P          P          P

Malta   21.05.1965      1          III        P          -           -           -

Mauritania        22.03.1967      1          V         P          P          P          P

Mauritius          29.08.1969      1          V         P          -           -           -

Mexico 01.04.1879      10        I           P          P          -           -

Moldova          16.11.1992      1          II          P          P          P          P

Monaco           12.10.1955      1          III        P          P          P          P

Mongolia          24.08.1963      1          IV        P          -           -           -

Morocco          01.10.1920      5          V         P          P          P          P

Mozambique    11.10.1978      0.5       V         P          P          P          P

Myanmar          04.10.1949      1          IV        P          -           -           -

Namibia           30.04.1992      1          V         P          P          P          P

Nauru   17.04.1969      1          IV        P          -           -           P

Nepal   11.10.1956      1          IV        P          -           -           -

Netherlands      01.07.1875      15        III        P          P          P          P

Netherlands Antilles and Aruba 01.05.1877      1          I           P          P          P          P

- Netherlands Antilles (Bonaire, Curaçao, Saba, St Eustatius, St Maarten)

- Aruba

New Zealand (including the Ross Dependency) 01.10.1907      10        IV        P          -           -           -

- Cook Islands

- Niue

- Tokelau

Nicaragua         01.05.1882      1          I           -           -           -           -

Niger    12.06.1961      1          V         P          P          P          P

Nigeria 10.07.1961      10        V         P          P          -           -

Norway            01.07.1875      10        III        P          P          P          P

Oman   17.08.1971      1          IV        P          -           -           -

Pakistan           10.11.1947      15        IV        P          -           -           -

Panama (Rep)  11.06.1904      1          I           P          P          P          P

Papua New Guinea       04.06.1976      1          IV        P          P          P          P

Paraguay          01.07.1881      1          I           P          P          P          P

Peru     01.04.1879      14        I           P          P          P          P

Philippines        01.01.1922      1          IV        P          P          P          P

Poland (Rep)    01.05.1919      5          II          P          P          -           -

Portugal            01.07.1875      5          III        P          P          -           P

- Macao

Qatar   31.01.1969      3          IV        P          P          -           -

Romania           01.07.1875      3          II          P          P          P          P

Russian Federation       01.07.1875      25        II          P          -           -           -

Rwanda            06.04.1963      0.5       V         P*        P*        P*        -

Saint Christopher (St Kitts) and Nevis   11.01.1988      1          I           P*        P*        P*        P*

Saint Lucia       10.07.1980      1          I           P          P          -           -

Saint Vincent and the Grenadines          03.02.1981      1          I           P          P          P          -

Samoa  09.08.1989      0.5       IV        P          P          -           -

San Marino      01.07.1915      1          III        P          P          P          P

Sao Tomé and Principe 22.08.1977      0.5       V         -           -           -           -

Saudi Arabia    01.01.1927      25        IV        P          -           -           -

Senegal            14.06.1961      1          V         P          P          P          P

Seychelles        07.10.1977      1          V         P          -           -           -

Sierra Leone     29.01.1962      0.5       V         P          P          -           -

Singapore         08.01.1966      1          IV        P          P          P          -

Slovakia           18.05.1920/     3          II          P          P          P          P

18.03.1993

Slovenia           24.12.1921/     1          III        P*        P*        P*        P*

27.08.1992

Solomon Islands           04.05.1984      0.5       IV        P          P          -           -

Somalia            01.04.1959      0.5       V         P*        P*        P*        P*

South Africa     01.01.1893/     10        V         -           -           -           -

22.08.1994

Spain    01.07.1875      25        III        P          P          P          P

Sri Lanka         13.07.1949      3          IV        P          P          -           -

Sudan   27.07.1956      0.5       V         P          P          -           -

Suriname          01.05.1877/     1          I           P          P          P          P

20.04.1976

Swaziland         07.11.1969      1          V         P          -           -           -

Sweden            01.07.1875      15        III        P          P          P          P

Switzerland       01.07.1875      15        III        P          P          P          P

Syrian Arab Rep           12.05.1931/     1          IV        P          P          P          P

15.05.1946

Tajikistan          09.06.1994      1          II          P          -           -           -

Tanzania (United Rep)  29.03.1963      0.5       V         P          P          P          P

Thailand           01.07.1885      3          IV        P          P          -           P

the former Yugoslav Republic of Macedonia     12.07.1993      1          II          P          P          P          P

Togo    21.03.1962      0.5       V         P          P          P          P

Tonga (including Niuafo'ou)      26.01.1972      1          IV        P          -           -           -

Trinidad and Tobago    15.06.1963      1          I           P          -           -           -

Tunisia  01.07.1888      5          V         P          P          P          P

Turkey 01.07.1875      5          III        P          P          P          P

Turkmenistan    26.01.1993      1          II          P          -           -           -

Tuvalu  03.02.1981      0.5       IV        -           -           -           -

Uganda            13.02.1964      0.5       V         P          P          P          P

Ukraine            13.05.1947      5          II          P          -           -           -

United Arab Emirates   30.03.1973      1          IV        P          P          P          P

United States of America          01.07.1875      50        I           P          P          -           -

- Territories of the United States of America coming within the Union's jurisdiction by virtue of article 23 of the Constitution:

- - Guam, Puerto Rico, Samoa, Virgin Islands of the United States of America

- - Trust Territory of the Pacific Islands (Mariana Islands including Saipan and Tinian, but not the United States Possession of Guam)

Uruguay           01.07.1880      3          I           P          P          P          -

Uzbekistan       24.02.1994      1          II          P          -           -           -

Vanuatu            16.07.1982      1          IV        P          P          -           -

Vatican 01.06.1929      1          III        P          P          P          P

Venezuela         01.01.1880      1          I           P          -           -           -

Viet Nam         20.10.1951      1          IV        P          P          -           -

Yemen 01.01.1930      0.5       IV        P          P          -           P

Yugoslavia        01.07.1875/     35        II          P*        P*        P*        P*

24.12.1921

Zambia 22.03.1967      3          V         P          P          P          P

Zimbabwe        31.07.1981      3          V         P          P          -           P

 

------------------------------------------------------------------------

Number of member countries: 189

------------------------------------------------------------------------

 

 

UN member countries whose situation with regard to the UPU has not yet been settled:

Andorra

Marshall Islands

Micronesia (Federated States of)

Palau

 

Territory in a special situation:

East Timor

 

Notes:

 

1.         For 1998 and 1999

 

2.         One unit as from 2000

 

3.         Because of the resumption of the exercise of sovereignty over Hong Kong by the People's Republic of China on 1 July 1997, the following provisional solution has been adopted up to the next Congress:

*          the Government of the Hong Kong Special Administrative Region continues to pay on a volontary basis a sum equivalent to one contribution unit;

*          the Government of the United Kingdom of Great Britain and Northern Ireland pays 4 units instead of 5 for the British Overseas Territories.

 

4.         For 1998-2007

 

5.         In resolution CA 8/1998, the CA decided not to invite the Federal Republic of Yugoslavia to participate in the 1999 Beijing Congress pending its accession to the Universal Postal Union and not to invite it to any meeting until the issue of accession to membership in the UPU is resolved.

 

 

 

 


 


The UPU and it's Members

 

 

Constitution of the UPU

Constitution of the Universal Postal Union  

Commentary

The Const of the UPU was adopted at the 1964 Vienna Congress. The organic provs of the Union were previously contained in the Conv, in which they preceded the provs relating to the postal service in the strict sense.

The present Const contains the amendments made by the 1969 Tokyo, 1974 Lausanne, 1984 Hamburg, 1989 Washington and 1994 Seoul Add Prots. For the complete text of these Add Prots, see 1969 Tokyo Congress, III 5-8, 1974 Lausanne Congress, III 23-25, 1984 Hamburg Congress, III 25-28, 1989 Washington Congress, III/1 27-32 and 1994 Seoul Congress, III 25-29.

The institution set up at Berne by the Treaty of 9 October 1874 was originally called "General Postal Union". Many countries joined it after 1874, and the 1878 Paris Congress changed its title to "Universal Postal Union".

 

Preamble  

With a view to developing communications between peoples by the efficient operation of the postal services, and to contributing to the attainment of the noble aims of international collaboration in the cultural, social and economic fields,

the plenipotentiaries of the Governments of the contracting countries have, subject to ratification, adopted this Constitution.

Commentary

According to international law, the preamble to a treaty is not a simple declaration. It may serve as a legal basis for the interpretation of the treaty; it indicates the spirit of the treaty and the way in which it is to be understood. The preamble is legally binding on the contracting countries, forms an integral part of the treaty and constitutes a solemn statement of the purpose and aims of the UPU. These aims are also defined in art 1.

 

 

 

 

Alphabetical index

 

Article 1  

Scope and objectives of the Union 

1 The countries adopting this Constitution shall comprise, under the title of the Universal Postal Union, a single postal territory for the reciprocal exchange of letter-post items. Freedom of transit shall be guaranteed throughout the entire territory 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.

Commentary

1.1 The UPU founders wanted to admit as members not only sovereign States but also certain territorial and political entities that were not totally independent (in particular protectorates or colonies) and that did not have the status of sovereign State in the full sense of the term. That is why they chose the term "country" in order to embrace all the entities admitted as member countries of the UPU, for owing to the essentially geographical notion it expresses, it can be used to cover a group of politically heterogeneous entities. See also comm under arts 2 and 11.

The phrase "The countries ... shall comprise ... a single postal territory" was contained in the "Treaty setting up a General Postal Union" of 1874, to suggest the ideas of standardization and close cooperation which inspired the founders of the Union. The phrase is figurative rather than legal, for strictly speaking there is no single postal territory covering all the States and territories which compose the UPU. Nevertheless, this prov symbolizes the fact that letter-post items in the international service on the various territories of the contracting parties are subject to a postal law which, in its basic principles, is uniform. The idea of a single postal territory involves, moreover, an obligation upon all contracting parties to treat letter-post items in transit from other countries like their own items, without discrimination. The prov laid down in the Conv, art 1, whereby each adm is obliged always to forward by the quickest routes and most reliable means which it uses for its own items, closed mails and à découvert letter-post items transmitted to it by another adm, also emanates from this principle. Another of its consequences is the fact that the contracting parties cannot subject foreign letter-post items to fees or charges to which dispatches from their own users are not subject, nor make any other distinction between their own letter-post items and those from other countries to the detriment of the latter. However, it should not be assumed from this that transit countries must undertake the conveyance of letter-post items across their territories free of charge, since a large number of these countries would not benefit from reciprocal privileges, or at least equivalent privileges, granted by the countries of origin using their services.

On the other hand, the idea of a "single territory" does not preclude mutual agreements between countries regarding facilities. Accordingly, certain "Restricted Unions" and certain "Special Agreements" (art 8) derogate from the system of the UPU and thus detract from the notion of a "single territory", eg by providing for reduced rates, free transit, etc, within their reciprocal relationships (see art 8 and comm).

When the Const was being drafted at the 1964 Vienna Congress, the expanded ELC considered it necessary to indicate at the beginning of this basic Act of the Union the principle of freedom of transit, which is fundamental for the UPU. This principle does not mean that countries are obliged to open their frontiers to transport organized by another country of the UPU. It does not derogate from the right to a national postal monopoly; but it implies that intermediate adms are also obliged to have conveyed by their services, allocated to ordinary postal conveyance, correspondence which is passed on to them by another adm of the UPU.

1.2 The objectives of the Union also follow from the preamble.

1.3 In the Const, the principle of technical assistance has been framed in general terms so as to allow the executive bodies the necessary flexibility in the future use of all forms of assistance. Direct tech asst granted to each other by member countries of the UPU is very important and includes assistance by experts, the prov of study and training facilities, the exchange of background material, information, and the results of experiments, tests, etc.

UPU multilateral technical cooperation is essentially carried out under the UNDP (see part I, Historical outline, chapter IX). 

 

Article 2  

Members of the Union  

Member countries of the Union shall be:

 

a.             countries which have membership status at the date on which the Constitution comes into force;

b.             countries admitted to membership in accordance with article 11.

 

Commentary

2 Before the 1964 Vienna Congress, there was no art on the composition of the Union which was inferred from the List of Member Countries in the preamble to the Conv. The Vienna Congress decided to delete the List of Member Countries in the preamble to the Acts and to replace it by an art, as in the constitutions of other international organizations, containing the necessary legal conditions for considering a country a member of the UPU.

The List of Member Countries of the Union is now drawn up by the IB in accordance with Gen Regs, art 113, and is reproduced at the end of part I.

According to the customary practice in treaty law, the art on the composition of an international organization makes membership of it dependent on the performance of certain formal legal acts such as ratification of, or accession to, the constitution, or a specific admission procedure. While not wishing to depart from this practice, the 1964 Vienna Congress considered it better not to mention these legal formalities explicitly, but to transfer membership under the Ottawa regulations to the Vienna regulations, so as to ensure continuity between the "old-style" Union and the "new-style" Union. The text used confers membership upon those countries which had acquired that status under the previous Acts.

In support of this it should be pointed out that in the past the absence of formal ratification of the Acts of the UPU did not deprive countries of their membership or of their right to attend and vote at Congresses. It was considered that the Acts were "tacitly ratified" by the implementation of the new provs (see art 25, comm).

The term "country" comprises not only sovereign States which were member countries under the Ottawa Acts, but also non-self-governing territories to which earlier Congresses had granted the status of member countries, and which had, on that basis, the same rights and obligations as the other member countries (see art 1.1, comm).

The only territories still enjoying this position at the time when the 1994 Seoul Acts came into force, were:

 

1.             The Overseas Territories for whose international relations the Government of the United Kingdom of Great Britain and Northern Ireland is responsible;

2.                    The Netherlands Antilles and Aruba.

 

Article 3  

Jurisdiction of the Union (Const 2 and 23)  

The Union shall have within its jurisdiction:

 

a.             the territories of member countries;

b.             post offices set up by member countries in territories not included in the Union;

c.             territories which, without being members of the Union, are included in it because from the postal point of view they are dependent on member countries.

 

Commentary

3 The jurisdiction of the Union means the territorial area to which the Acts of the UPU apply. This area consists, first of all, of the territory of the member countries in the sense of art 2, as well as, where applicable, territories for whose international relations a member country is responsible (art 23); however, it extends beyond these limits in cases falling under b and c. To facilitate the establishment of postal relations with all parts of the world, the adms of several member countries formerly undertook the organization of or responsibility for the postal service in certain areas where there was no local service or where the postal service was inadequate. This situation led the UPU to consider such offices and territories as within its jurisdiction.

Although there are virtually no more post offices established by member countries on the territory of another country, the 1984 Hamburg Congress kept this provision, but adopted the following interpretation: the term "post offices set up by member countries in territories not included in the Union" shall henceforth designate post offices established by member countries which are uncontrolled or jointly possessed, or internationalized by the international community.

Subpara c concerns territories whose relationship with the member country, on which they depend from the postal point of view, is different from those covered by art 23 (territories for whose international relations a member country is responsible).

Article 4 

Exceptional relations 

Postal administrations which provide a service with territories not included in the Union are bound to act as intermediaries for other administrations. The provisions of the Convention and its Detailed Regulations shall be applicable to such exceptional relations.

Commentary

4 The field of application of this art is at the limits of Union jurisdiction. This prov regulates the relations of member countries with countries or territories which are not part of the UPU within the meaning of art 3, but which maintain postal relations with a member country on the basis of a bilateral Agr.

A similar principle is applied in the parcels service (see Parcels, art 40). On the other hand, the obligation to act as intermediaries for the adms of other member countries was withdrawn by the 1924 Stockholm Congress in respect of the money order service and the giro service.

As there was a risk that the second sentence would be interpreted as requiring the application of the Conv and its Det Regs to the relations of a member country of the Union with a country or territory not included therein, the 1929 London Congress stated that in this case "only the intermediary country of the Union would be recognized and that this country would naturally have to abide by the provisions of the Convention".

 

Article 5  

Seat of the Union  

The seat of the Union and of its permanent organs shall be at Berne.

Commentary

5 The seat of the Union refers to the place considered as the centre of activities of the UPU.

For the "permanent organs", see art 13.

The legal status of the Union in Switzerland is governed by the Agr on the privileges and immunities of the UN. The docs relating thereto are reproduced in this binder under "Legal status of the UPU" (see part I, Historical outline, chapter VI, and part V).

 

Article 6 

Official language of the Union (Gen Regs 107, 108) 

The official language of the Union shall be French.

Commentary

6 On the background to the language system of the UPU, see part I, Historical outline, chapter VIII.

The 1994 Seoul Congress instructed the CA to undertake a study on the efficiency of translation services within the Union (resolution C 74/1994) and a comprehensive study of the Union's language system aimed in particular at considering all the consequences of introducing other working languages at the International Bureau (resolution C 77/1994).

 

Article 7  

Monetary unit  

The monetary unit used in the Acts of the Union shall be the accounting unit of the International Monetary Fund (IMF).

Commentary

7 Art amended by the 1989 Washington Add Prot.

For a long time, the g fr was the monetary unit of the UPU. In January 1976, the IMF approved the principle of demonetizing gold and that decision officially came into force on 1 April 1978. Since then, the member countries of that UN specialized agency may no longer make any reference to gold in fixing the value of their currency. As a result, the g fr could no longer fill in the same way the role that it previously played in international postal accounting, whether in the field of fixing charges and rates or in the preparation and settlement of accounts.

The 1989 Washington Congress abolished the g fr and replaced it with the IMF accounting unit. Only a few adms still use the g fr for preparing accounts, the totals of which are then converted into SDR for settlement.

 

Article 8  

Restricted Unions. Special Agreements (Gen Regs 117)  

1 Member countries, or their postal administrations if the legislation of those 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, Conferences and meetings of the Union, to the Council of Administration and to the Postal Operations Council.

3 The Union may send observers to Congresses, Conferences and meetings of Restricted Unions.

Commentary

8.1 Since its creation, the Union has given its members the possibility of setting up "Restricted Unions" and of concluding "Special Agreements" in order to facilitate cooperation and improve the postal service.

In order to constitute a "Restricted Union", there must be at least three member countries. They, or their adms, must conclude a convention to deal with postal questions and draw up a number of provs regarding the organization and functioning of the said Union. In general, a Union is equipped with organs as mentioned in its constituent Act (periodical confs, headquarters or the designation of one member as Managing Adm). These Unions must also consider themselves to be Restricted Unions within the meaning of this art.

Special Agrs are Agrs concluded between certain UPU member countries or their adms with the sole aim of facilitating the functioning of the postal service. As a rule these are bilateral Agrs, but there is nothing to prevent a multilateral Agr being equally considered as a Special Agr.

The Restricted Unions which maintain relations with the UPU on the basis of art 8 are the following:

 

i.              Association of Postal and Telecommunications Operators of Portuguese-Speaking Countries and Territories (AICEP), created in 1998. Members: Angola, Brazil, Cape Verde, Guinea-Bissau, Macao, Mozambique, Portugal and Sao Tome and Principe.

ii.             Association of European Public Postal Operators (POSTEUROP), created in 1993. Members: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria (Rep), Croatia, Cyprus, Czech Rep, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Guernsey/Jersey and Isle of Man, Hungary (Rep), Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Netherlands, Norway, Poland (Rep), Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkey and Ukraine.

iii.            Arab Permanent Postal Commission (APPC), created in 1992, replaced the Arab Postal Union (UPA), which had been created in 1952. Members: Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libyan Jamahiriya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, Sudan, Syrian Arab Rep, Tunisia, United Arab Emirates and Yemen.

iv.            European Postal Financial Services Commission (CSFPE), created in 1992. Members: Albania, Austria, Belgium, Bulgaria (Rep), Croatia, Cyprus, Czech Rep, Denmark, Finland, France, Germany, Great Britain, Greece, Hungary (Rep), Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Poland (Rep), Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and Yugoslavia.

v.             Regional Community for Posts and Telecommunications (RCPT), created in 1991. Members: Armenia, Azerbaijan, Belarus, Georgia, Kazakstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Turkey, Turkmenistan, Ukraine and Uzbekistan.

vi.            Conference of Posts and Telecommunications Administrations of Central Africa (CAPTAC)1, created in 1984.

vii.           European Conference of Postal and Telecommunications Administrations (CEPT), created in 1959. Members: Albania, Austria, Belgium, Bosnia and Herzogovina, Bulgaria (Rep), Croatia, Cyprus, Czech Rep, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary (Rep), Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Netherlands, Norway, Poland (Rep), Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkey, Ukraine and Vatican.

viii.          African Posts and Telecommunications Union (APTU), created in 1975. This Restricted Union ceased operations in 1996.

ix.            Pan African Postal Union (PAPU), created in 1980. Members: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Rep, Chad, Comoros, Congo (Rep), Côte d’Ivoire (Rep), Dem Rep of the Congo, Egypt, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Libyan Jamahiriya, Madagascar, Malawi, Mozambique, Niger, Nigeria, Senegal, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania (United Rep), Togo, Tunisia, Uganda, Zambia and Zimbabwe.

x.             African Postal Union (APU), created in 1961. Members: Burundi, Dem Rep of the Congo, Egypt, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Somalia and Sudan.

xi.            Baltic Postal Union (BPU), created in 1994. Members: Estonia, Latvia and Lithuania.

xii.           Caribbean Postal Union (CPU), created in 1998. Members: Anguilla, Aruba, Barbados, Cayman Islands, Dominica, Dominican Republic, Grenada, Haiti, Netherlands Antilles, Saint Lucia, Suriname, Trinidad and Tobago, Turks and Caicos Islands, France, Great Britain and Netherlands.

xiii.          Asian-Pacific Postal Union (APPU), created in 1961. Members: Afghanistan, Australia, Bangladesh, Bhutan, Brunei Darussalam, China (People’s Rep), India, Indonesia, Japan, Korea (Rep), Lao People’s Dem Rep, Malaysia, Maldives, Nauru, Nepal, New Zealand, Pakistan, Papua New Guinea, Philippines, Singapore, Sri Lanka, Thailand and Viet Nam.

xiv.          Postal Union of the Americas, Spain and Portugal (PUASP), created in 1911. Members: Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras (Rep), Mexico, Netherlands Antilles and Aruba, Nicaragua, Panama (Rep), Paraguay, Peru, Portugal, Spain, Suriname, United States of America, Uruguay and Venezuela.

xv.           Nordic Postal Union (NPU), created in 1919. Members: Denmark, Finland, Iceland, Norway and Sweden.

xvi.          South and West Asia Postal Union (SWAPU), created in 1977 and reactivated in 1988. Members: Iran (Islamic Rep), Pakistan and Turkmenistan.

 

In addition to the Restricted Unions within the meaning of art 8, there are others which de facto fulfil the same conditions and pursue similar aims, but which for various reasons do not consider themselves (or are not considered to be) Restricted Unions within the meaning of the said art, eg the Conference of Postal and Telecommunications Administrations of the States of West Africa (CAPTEAO).

The general clause of art 8 clearly relates above all to the provs governing relations between adms and the users of the Post. On the other hand, as regards provs concerning relations between adms, the possibility of "contracting out" is also repeatedly mentioned in the various provs.

In particular, countries can agree on reduction of charges and transit charges.

8.2 Para amended by the 1969 Tokyo and 1994 Seoul Add Prots.

In order to promote cooperation between itself and the Restricted Unions, the UPU initially permitted the latter to send observers to Congresses, Confs and the EC, and later to the CCPS when that body was set up.

The 1964 Vienna Congress decided that observers from Restricted Unions might also attend Congress Comm meetings. The Unions may also take part in meetings of the Comms and Working Parties of the CA and POC (see CA and POC Rules of Proc, art 3).

The desirability of having recourse to the Restricted Unions in tech asst matters was raised at the 1974 Lausanne Congress. The latter adopted resolution C 38/1974 instructing the EC, the CCPS and the IB to take all appropriate steps to develop UPU-Restricted Union cooperation, particularly in the field of tech asst.

Subsequently, the 1979 Rio de Janeiro Congress instructed the EC to study and, where applicable, take practical measures in connection with:

 

a.             the technical, financial and legal aspects of the problem presented by greater participation of the Restricted Unions in the various tech asst programmes;

b.             the relations between the UPU, the Restricted Unions and the Regional Economic Commissions;

c.             the safeguarding of the interests of adms which are not members of Restricted Unions.

 

On the basis of this resolution, the EC adopted resolution CE 6/1983 to establish the legal framework for such cooperation.

The 1984 Hamburg Congress, in its turn, sanctioned cooperation from the Restricted Unions in tech asst matters on the basis of the principles and procedures applied by the UNDP when it laid down the priorities and principles of UPU tech asst.

The 1989 Washington and 1994 Seoul Congresses adopted a series of resolutions on the subject of tech asst (see part I, Historical outline, chapter IX). 

Notes:

 

1.                    CAPTAC has been dissolved and replaced by a new structure, COPTAC, the status of which will be communicated later.

 

Article 9  

Relations with the United Nations  

The relations between the Union and the United Nations shall be governed by the Agreements whose texts are annexed to this Constitution.

Commentary

9 See part I, Historical outline, chapter XI, and part V, UN-UPU Agreements.

 

Article 10 

Relations with international organizations 

In order to secure close cooperation in the international postal sphere, the Union may collaborate with international organizations having related interests and activities.

Commentary

10 By international organizations shall be understood above all intergovernmental international organizations, particularly the specialized agencies which are listed below:

International Labour Organisation (ILO);

Food and Agriculture Organization of the United Nations (FAO);

United Nations Educational, Scientific and Cultural Organization (UNESCO);

International Civil Aviation Organization (ICAO);

World Health Organization (WHO);

World Bank Group, consisting of:

- International Bank for Reconstruction and Development (IBRD);

- International Development Association (IDA);

- International Finance Corporation (IFC);

International Monetary Fund (IMF);

Universal Postal Union (UPU);

International Telecommunication Union (ITU);

World Meteorological Organization (WMO);

International Maritime Organization (IMO);

World Intellectual Property Organization (WIPO);

International Fund for Agricultural Development (IFAD);

United Nations Industrial Development Organization (UNIDO);

to which should be added the International Atomic Energy Agency (IAEA) and the World Trade Organization (WTO).

The Union also cooperates with some non-governmental organizations (eg IATA, ISO, WCO and such UN bodies as the UNDP and the UNDCP).

The activities of the UPU and the nature of its technical work are extremely varied. They raise problems which sometimes necessitate the cooperation of international organizations with common interests in these spheres. In general such problems are dealt with by the CA, which establishes the necessary contact through the IB. See on this point Gen Regs, art 102, para 6.19, and art 110, para 2.9. See also Gen Regs, art 102, comm.

As regards the participation of international organizations in Congresses, see Gen Regs, art 101, comm; for the invitation of intergovernmental organizations to Congresses, see Gen Regs, art 102, comm, and the Rules of Proc of Congresses.

For UPU representation at meetings of international organizations, see art 20, comm.

 

Accession or admission to the Union. Withdrawal from the Union

 

Article 11 

Accession or admission to the Union. Procedure 

1 Any member of the United Nations may accede to the Union.

2 Any sovereign country which is not a member of the United Nations may apply for admission as a member country of the Union.

3 Accession or application for admission to the Union must entail a formal declaration of accession to the Constitution and to the obligatory Acts of the Union. It shall be addressed by the Government of the country concerned to the Director-General of the International Bureau, who shall notify the accession or consult the member countries on the application for admission, as the case may be.

4 A country which is not a member of the United Nations shall be deemed to be admitted as a member country if its application is approved by at least two thirds of the member countries of the Union. Member countries which have not replied within a period of four months shall be considered as having abstained.

5 Accession or admission to membership shall be notified by the Director -General of the International Bureau to the Governments of member countries. It shall take effect from the date of such notification.

Commentary

11 Art amended by the 1969 Tokyo and 1989 Washington Add Prots.

From its inception up to the 1947 Paris Congress, the UPU was an "open union", ie any sovereign or quasi-sovereign country could become a member by means of a unilateral declaration of accession to the Conv.

At the 1947 Paris Congress the UPU decided, in view of its new status as a specialized agency of the UN, to amend the former procedure by requesting that countries desirous of becoming members of the UPU submit an application to that effect and that all member countries be consulted, the application to be formally approved by two thirds of the member countries.

The 1964 Vienna Congress introduced, in addition to the above procedure, a simplified procedure for the members of the UN. The latter may accede to the UPU by a unilateral declaration; in such cases no consultation takes place with member countries.

11.2 The word "sovereign" was introduced by the 1947 Paris Congress (see also art I, comm).

In default of accession or admission as a member, the application of the Acts of the UPU in dependent territories is at all times possible on the basis of arts 3, c, or 23.

11.3 By the formal declaration of accession to the Const and the compulsory Acts which must be included in the act of accession (para 1) or the application for admission (para 2), the aim was to prevent a country from acceding to the Const without also undertaking to apply the provs of the other compulsory Acts (see art 22).

Since the beginning of the Union, the Swiss Government had served as depositary of the Acts and, as such, was involved in the procedure of accession and admission to the UPU. The Swiss Government having asked to be relieved of this function, the 1989 Washington Congress decided to transfer that power to the Director-General of the IB.

11.5 See comm 11.3 above.

For the financial obligations of new member countries, see art 21 and Gen Regs, art 125, para 7.

 

 

Article 12  

Withdrawal from the Union. Procedure  

1 Each member country may withdraw from the Union by notice of denunciation of the Constitution given by the Government of the country concerned to the Director-General of the International Bureau and by him to the Governments of member countries.

2 Withdrawal from the Union shall become effective one year after the day on which the notice of denunciation provided for in paragraph 1 is received by the Director-General of the International Bureau.

Commentary

12 Art amended by the 1989 Washington Add Prot.

12.1 Like most international organizations, the Union grants its members the right of voluntary withdrawal. This follows denunciation of the Const.

On the other hand, there is no withdrawal within the meaning of this art when a country loses its membership through loss of its right to be regarded as subject to international law (when a State is annexed, merges with another or is dissolved).

Power transferred to the Director-General of the IB by the 1989 Washington Congress (see art 11, comm).

12.2 For the contributions of a member in process of withdrawal, see Gen Regs, art 125, para 7.

 

 

 

Article 13  

Bodies of the Union  

1 The Union's bodies shall be Congress, the Council of Administration, the Postal Operations Council and the International Bureau.

2 The Union's permanent bodies shall be the Council of Administration, the Postal Operations Council and the International Bureau.

Commentary

13 Art amended by the 1969 Tokyo, 1984 Hamburg and 1994 Seoul Add Prots.

The 1994 Seoul Congress replaced the names "Executive Council" and "Consultative Council for Postal Studies" with "Council of Administration" and "Postal Operations Council", which better suit the new nature of their activities.

13.2 Art 5 also contains a reference to "permanent" bodies. The phrase "permanent bodies" gave rise to prolonged discussions since some held the view that only the IB had continuous activities and should be considered a permanent body. This opinion did not however prevail. It has, on the contrary, been recognized that the composition and activity of the CA and the POC are constant and are maintained throughout the interval between Congresses. In accordance with art 17, it is the CA which ensures the continuity of the work of the Union between Congresses.

 

Article 14  

Congress (Gen Regs 101, 106)  

1 Congress shall be the supreme body of the Union.

2 Congress shall consist of the representatives of member countries.

Commentary

14.1 Under the system preceding the 1964 Vienna Congress, the Union was legally renewed at each Congress, since the Conv in force was each time replaced by a new one. Now the UPU has a permanent legal basis, which means that Congress is no longer the general assembly which recreates the Union every five years, but an actual body of the Union in the same way as the CA and the POC. In order of importance, the Congress is the supreme body of the Union.

Congress exercises all the powers coming within the scope of the UPU and which have not been expressly entrusted to another body by the Acts of the Union. In the first place, it has to amend the Acts of the Union. In addition to this legislative activity, it has a certain competence in administrative matters (eg considering the Comprehensive reports on the work of the CA and the POC, fixing the annual expenditure ceiling for the next five-year period, approving the Strategic Plan, considering tech asst matters, electing the Director-General and the Deputy Director-General) (see Gen Regs, art 109). It may only take decisions compatible with the Acts in force. For example, it may not itself settle a dispute, which must be submitted to arbitration.

14.2 By "representative" is meant "any person empowered to negotiate and sign (plenipotentiaries) or merely to negotiate (delegates) on behalf of a member country". The power to negotiate includes that of participation in deliberations and the right to vote. Officials attached to delegations are not considered representatives. They may, however, vote on behalf of their country at Comm meetings if formally authorized to do so by the head of their delegation, in accordance with the Rules of Proc of Congresses.

 

Article 15  

Extraordinary Congresses (Gen Regs 101)  

An Extraordinary Congress may be convened at the request or with the consent of at least two thirds of the member countries of the Union.

Commentary

15 A single Extraordinary Congress was held at Berne in 1900 (2-5 July) on the occasion of the 25th anniversary of the foundation of the UPU. This Congress decided to erect the UPU monument at Berne.

The CA may, at the request of any member country, take the initiative in consulting member countries with a view to convening an Extraordinary Congress.

For the practical organization of such Congresses, see Gen Regs, art 101, paras 7 and 8.

 

Article 16  

Administrative Conferences  

(Deleted)

Commentary

16 The 1984 Hamburg Congress decided to do away with the possibility of holding Administrative Confs.

Administrative Confs were held to discuss certain questions of restricted scope:

 

a.             at Berne in 1876 (17-27 January), on the question of the admission of British India and the Whole of the French Colonies as members of the UPU, and to establish maritime transit charges affecting distances greater than from Europe to the United States of America and Egypt;

b.             in Paris in 1880 (9 October-3 November), to conclude a Special Conv specifically concerning the exchange of postal parcels; the delegates to this Conf had, however, plenipotentiary powers;

c.                    at The Hague in 1927 (1-10 September), to lay down provs in respect of airmail.

 

Article 17  

Council of Administration (Gen Regs 102)  

1 Between Congresses the Council of Administration (CA) shall ensure the continuity of the work of the Union in accordance with the provisions of the Acts of the Union.

2 Members of the Council of Administration shall carry out their functions in the name and in the interests of the Union.

Commentary

17 Art amended by the 1994 Seoul Add Prot.

17.1 The CA is regarded as a permanent body of the Union (see art 13).

The expression "between Congresses" may give rise to two interpretations ("until the next Congress meets" or "until the coming into force of the Acts of the next Congress"). To solve this problem, Congress on several occasions adopted a resolution bringing the amended provs relating to the two Councils into force as soon as it has adopted them.

17.2 Ratification of the principle that members of the CA represent neither their country nor their respective geographical groupings and that individual interests must give way to the general interest.

 

Article 18  

Postal Operations Council (Gen Regs 104, 105)  

The Postal Operations Council (POC) shall be responsible for operational, commercial, technical and economic questions concerning the postal service.

Commentary

18 Art amended by the 1969 Tokyo and 1994 Seoul Add Prots.

The POC is regarded as a permanent body of the Union (see art 13).

 

Article 19  

Special Committees  

(Deleted)

Commentary

19 The 1984 Hamburg Congress decided to do away with the possibility of convening Special Comms.

The following Special Comms have been convened between Congresses:

 

1.             Study Comm at Brussels 1890 (26 June-1 July), for the preparation of the Subscriptions to Newspapers Agr; members: the three adms which had submitted drafts.

2.             Study Comm appointed by the 1920 Madrid Congress, for the improvement and simplification of the Acts as regards form and drafting.

3.             Study Comm set up by the 1924 Stockholm Congress, to simplify and expedite the work of Congress.

4.             Preparatory Comm, appointed by the 1929 London Congress and instructed to prepare for the Cairo Congress.

5.             Moreover, a Technical Committee on Transit (TCT) was set up by the 1939 Buenos Aires Congress. It was instructed to inquire into the most equitable bases for the fixing of transit charges and to suggest the best possible methods of simplifying the calculation of the levies due for this purpose.

 

Article 20  

International Bureau  

A central office operating at the seat of the Union under the title of the International Bureau of the Universal Postal Union, directed by a Director-General and placed under the control of the Council of Administration, shall serve as an organ of execution, support, liaison, information and consultation.

Commentary

20 Art amended by the 1984 Hamburg and 1994 Seoul Add Prots.

When it was founded, the IB was placed under the general supervision of the Swiss Government which, in that capacity, laid down and periodically revised the Regulations governing the organization, functioning and control of the activities of the IB. This situation continued until 1972. Since that date, it is the EC that has been drawing up the Staff Regulations and the Financial Regulations of the Union. The 1979 Rio de Janeiro Congress, for its part, decided to stop using the services of the Swiss Government for maintaining the Union's finances and opted for a self-financing system similar to that of the other specialized agencies of the UN. The supervisory authority of the Swiss Government thus having been practically emptied of its substance, the 1984 Hamburg Congress amended art 20 by replacing "the general supervision of the Government of the Swiss Confederation" by "the control of the Executive Council".

The Swiss Government continues, however, to audit the Union's accounts free of charge (see Gen Regs, art 125, para 10).

The IB's contacts with the other international bodies were practically non-existent until the UPU became a UN specialized agency.

Then they developed gradually. The IB now takes part in many interagency meetings, especially within the UN framework (see art 10, comm, and UN-UPU Agrs). To that end, the Rules of Proc of the CA lay down that the Secretary-General of the Council is responsible for organizing, in the interval between sessions and in accordance with any instructions from the Council, representation of the Union at meetings of the UN, the specialized agencies, the Restricted Unions and other international organizations in which the Union is interested.

The 1994 Seoul Congress specified that the IB is also responsible for discharging all the tasks entrusted to it and for taking on the necessary support activities.

 

Article 21  

Expenditure of the Union. Contributions of member countries (Gen Regs 125, 126)  

1 Each Congress shall fix the maximum amount which:

 

a.             the expenditure of the Union may reach annually;

b.             the expenditure relating to the organization of the next Congress may reach.

 

2 The maximum amount for expenditure referred to in paragraph 1 may be exceeded if circumstances so require, provided that the relevant provisions of the General Regulations are observed.

3 The expenses of the Union, including where applicable the expenditure envisaged in paragraph 2, shall be jointly borne by the member countries of the Union. For this purpose, each member country shall choose the contribution class in which it intends to be included. The contribution classes shall be laid down in the General Regulations.

4 In the case of accession or admission to the Union under article 11, the country concerned shall freely choose the contribution class into which it wishes to be placed for the purpose of apportioning the expenses of the Union.

Commentary

21.1 Congress fixes a "financial ceiling" (corresponding to the net expenditure) for each year of the period from the entry into force of the Acts concluded at one Congress to the entry into force of the Acts of the following Congress (generally for a period of five years).

A separate "financial ceiling" is fixed for the expenditure relating to the next Congress as defined in Gen Regs, art 125, para 2, it being understood that this expenditure is charged to the regular budget, of which it forms a separate chapter.

21.2 The ceiling of the Union's expenditure may be exceeded in certain circumstances in accordance with the rules laid down in Gen Regs, art 125, paras 2bis to 6. This prov was introduced by the 1964 Vienna Congress with regard to paragraphs 3 to 6 and by the 1994 Seoul Congress with regard to paragraph 2bis, in order to deal with situations created by new and unforeseen circumstances entailing unavoidable expenditure.

21.3 The annual expenditure of the Union and that relating to the meeting of Congress is apportioned globally between all members of the Union. This principle does not apply to the cost of translation into a language other than the official one and the cost of simultaneous interpretation services (Gen Regs, art 108, paras 6, 7 and 12).

The 1974 Lausanne Congress abolished the power previously held by Congress to classify member countries in the different contribution classes and confirmed the principle of free choice of contribution class (see also Gen Regs, art 126).

21.4 In confirming the principle of free choice of contribution class in case of accession or admission to the Union, the 1989 Washington Congress simply ratified the practice followed thus far.

 

Article 22  

Acts of the Union  

1 The Constitution shall be the basic Act of the Union. It shall contain the organic rules of the Union.

2 The General Regulations shall embody those provisions which ensure the application of the Constitution and the working of the Union. They shall be binding on all member countries.

3 The Universal Postal Convention and its Detailed Regulations shall embody the rules applicable throughout the international postal service and the provisions concerning the letter-post services. These Acts shall be binding on all member countries.

4 The Agreements of the Union, and their Detailed Regulations, shall regulate the services other than those of the letter post between those member countries which are parties to them. They shall be binding on those countries only.

5 The Detailed Regulations, which shall contain the rules of application necessary for the implementation of the Convention and of the Agreements, shall be drawn up by the Postal Operations Council , bearing in mind the decisions taken by Congress.

6 The Final Protocols annexed to the Acts of the Union referred to in paragraphs 3, 4 and 5 shall contain the reservations to those Acts.

Commentary

22 For the structure of the Acts, see part I, Historical outline, chapter III.

22.1 The 1964 Vienna Congress established the Const to ensure the permanence of the Union by a stable and permanent Act, analogous to the Acts of other international organizations.

The Const is not subject to renewal at each Congress as were the other Acts of the Union hitherto.

The changes made in the Const were the subject of the First Add Prot (Tokyo 1969), the Second Add Prot (Lausanne 1974), the Third Add Prot (Hamburg 1984), the Fourth Add Prot (Washington 1989) and the Fifth Add Prot (Seoul 1994) respectively.

To ensure the stability of the Const, only essential and lasting organic provs were included and it was thus necessary to create a new parallel Act, the Gen Regs, renewable at each Congress, for the provs which are to ensure the application of the Const and the operation of the Union.

22.2 The Gen Regs, the Conv and its Det Regs were declared "Acts binding on all member countries" so as to maintain the situation which existed prior to the 1964 Vienna Congress. At that time all member countries were obliged to accept not only all the comprehensive provs governing the organization and the operation of the Union, but also the general regulations on the international postal service and those on the letter post, all of which were incorporated in a single Act. Because of this binding character, the title "Convention" has been retained for the provs governing the letter post. In this way the Act can be more easily distinguished from the Agrs, which are optional.

The internationally binding character of the Gen Regs, the Conv and its Det Regs, does not exempt member countries from the obligation to see that the Acts are given national approval in accordance with constitutional regulations, in pursuance of art 25, para 4 (see art 25, comm).

22.4 The Agrs which regulate services other than letter-post services are:

 

1.             Postal Parcels Agr;

2.             Money Orders Agr;

3.             Giro Agr;

4.             Cash-on-Delivery Agr.

 

These Agrs were also the subject of a special edition, the Manuals, with commentaries by the IB.

Accession to the Agrs is optional for UPU member countries.

22.5 Until the 1989 Washington Congress the Det Regs of the Conv and of the Agrs were laid down by the representatives of the adms, whereas the Const, Gen Regs, Conv and Agrs are adopted by the plenipotentiaries of member countries. This distinction, which goes back to the inception of the Union (1874 Berne Treaty, art 13), was established to prevent Congress from being unnecessarily burdened by having to consider questions of a purely technical and secondary nature and so that these provs could be revised at Administrative Confs by the postal experts. However, the Congresses introduced the practice, from the beginning of the Union, of revising the Det Regs themselves and of submitting them for signature together with the other UPU Acts. To remedy this situation, the 1989 Washington Congress transferred to the EC, and the 1994 Seoul Congress to the POC, the authority to draw up and revise the Det Regs. This distinction in the legal character of the UPU Acts means that the UPU does not demand ratification or approval of the Det Regs. In many countries, therefore, the Det Regs are not included in the ratification procedure to which the other Acts are subject.

22.6 Paragraph 6 obliges countries wishing to have the benefit of a reservation to present the latter in the form of a prop, and to have it confirmed by Congress or the POC with a view to its inclusion in the Prot to the Act concerned.

The 1974 Lausanne Congress confirmed this practice by adopting resolution C 32/1974.

As regards general practice on reservations and the UPU's practice, see the study done for the 1974 Lausanne Congress (Congress - Doc 6).

Unilateral declarations, by means of which member countries react to a given political situation or set forth their relations with a given State, are not properly speaking reservations. They do not refer to the application of a prov of the Acts, but arise from political considerations external to the UPU. They are consequently not subject to any particular procedure and may be presented at any time.

 

Article 23  

Application of the Acts of the Union to territories for whose international relations a member country is responsible  

1 Any country may declare at any time that its acceptance of the Acts of the Union includes all the territories for whose international relations it is responsible, or certain of them only.

2 The declaration provided for in paragraph 1 must be addressed to the Director-General of the International Bureau.

3 Any member country may at any time address to the Director-General of the International Bureau a notification of its intention to denounce the application of those Acts of the Union in respect of which it has made the declaration provided for in paragraph 1. Such notification shall take effect one year after the date of its receipt by the Director-General of the International Bureau.

4 The declarations and notifications provided for in paragraphs 1 and 3 shall be communicated to member countries by the Director-General of the International Bureau.

5 Paragraphs 1 to 4 shall not apply to territories having the status of a member of the Union and for whose international relations a member country is responsible.

Commentary

23 The territories in question are those which do not form part of the "Wholes" of territories on which the Union has conferred the status of member country and which are bound by the Acts of the Union in accordance with the same formalities as the other member countries (ratification, approval, accession).

This art was added at the 1934 Cairo Congress in order to introduce a UPU procedure similar to that commonly used in other international treaties concerning non-self-governing territories.

23.1 The declaration in question can be made either on admission to the Union, or when the Congress Acts are signed, ratified or otherwise approved, on accession to them or subsequently.

 

Article 24  

National legislation  

The provisions of the Acts of the Union shall not derogate from the legislation of any member country in respect of anything which is not expressly provided for by those Acts.

Commentary

24 In accordance with a generally accepted principle in law and the courts, a rule established by treaty takes precedence over the national legislation of the contracting States. Consequently, in so far as the UPU Acts have regulated a question, such regulation shall take precedence over any national legislation which conflicts with it.

As long as a country has not actually withdrawn from the UPU (see art 12), its internal legislation cannot derogate from the binding provs of the UPU Acts to which it has acceded.

In particular, regulations governing postal items which remain within the boundaries of the country of origin are reserved for national legislation.

Moreover, the provs of internal legislation have supplementary application in respect of international postal service items, either when such application is expressly stipulated in the UPU Acts or when the questions which might be involved have been left open in the Acts of the UPU.

 

Article 25 

Signature, authentication, ratification and other forms of approval of the Acts of the Union 

1 The Acts of the Union arising from the Congress shall be signed by the plenipotentiaries of the member countries.

2 The Detailed Regulations shall be authenticated by the Chairman and the Secretary-General of the Postal Operations Council.

3 The Constitution shall be ratified as soon as possible by the signatory countries.

4 Approval of the Acts of the Union other than the Constitution shall be governed by the constitutional regulations of each signatory country.

5 When a country does not ratify the Constitution or does not approve the other Acts which it has signed, the Constitution and other Acts shall be no less valid for the other countries that have ratified or approved them.

Commentary

25 The legal significance of the signature apposed by the plenipotentiaries may differ according to the Act under consideration and the constitutional provs of the member country. It may:

 

*              either definitively bind the country concerned, if internal legislation so permits; this possibility must depend on the powers vested in the plenipotentiaries; it does not, however, apply to the Const and the Add Prot, since the UPU requires ratification;

*              or be followed by ratification or by some other form of approval; in the absence of any specific clause in the plenipotentiaries' powers, preference is given to formal approval of the treaties by the national authorities.

 

Ratification is a formality by which a State definitively binds itself with regard to a treaty. It is generally carried out by the supreme executive authority of a State and leads to the drawing up of a specific diplomatic act called "instrument of ratification".

Ratification is a very formal act. It is this that distinguishes it from other forms of approval, which follow a simpler procedure, not necessarily involving the supreme authority. Naturally the internal legislation must determine the latter procedure.

In the past, most of the member countries had not ratified the Acts of the Union by the time they came into force, although they applied them. To settle disputes arising in such circumstances the principle of "tacit ratification" was admitted, based on the effective application of the provs contained in the new Acts of the Union (see 1897 Washington Congress and 1934 Cairo Congress). This principle still applies, with, however, two minor adjustments:

 

1.             because of changes introduced into the procedure of approval of the Acts by art 25, the principle of "tacit approval" is a more correct term than the principle of "tacit ratification";

2.             as regards the Conv and the Gen Regs, this principle has lost part of its value, since the Acts have been declared binding under art 22, and all member countries are bound by the provs of the Const.

 

 

Article 26  

Notification of ratifications and other forms of approval of the Acts of the Union  

The instruments of ratification of the Constitution and the Additional Protocols thereto and, where appropriate, of approval of the other Acts of the Union shall be deposited as soon as possible with the Director-General of the International Bureau who shall notify the Governments of the member countries of their deposit.

Commentary

26 Before the 1964 Vienna Congress, the host country to the Congress acted as depositary of the Acts of the Union; this meant officially recording the instruments of ratification and subsequently notifying - through diplomatic channels - the member countries of the Union of the ratifications thus recorded. The 1964 Vienna Congress considered it preferable to entrust to one and the same authority the task of dealing with all diplomatic notifications connected with the Acts of the UPU. The Swiss Confederation was chosen for this purpose, as Berne was the seat of the UPU and the Swiss Confederation was already responsible for the procedure of admission and accession to the Union. The 1989 Washington Congress transferred that power to the Director-General of the IB (see art 11, comm). Depositing the instrument of ratification or of approval is decisive in determining the date on which these formalities shall come into effect.

 

Article 27  

Accession to the Agreements  

1 Member countries may, at any time, accede to one or more of the Agreements provided for in article 22, paragraph 4.

2 Accession of member countries to the Agreements shall be notified in accordance with article 11, paragraph 3.

Commentary

27 Accession is a unilateral legal act by which a member country which has not signed an Agr may become a party to one or other of them. This may be done at any time, whereas accession to the Const and to the compulsory Acts must necessarily take place either at the time of admission or accession to the Union in pursuance of art 11, para 3.

This notification must be addressed to the Director-General of the IB. Accession becomes effective on notification, since the prov refers to art 11, para 3, and by analogy to the provs of para 5 of the same art.

Accession to an Agr implies accession to its Prot and Det Regs.

 

Article 28  

Denunciation of an Agreement  

Each member country may cease being a party to one or more of the Agreements, under the conditions laid down in article 12.

Commentary

28 Art 12 is applicable as regards the procedure to be followed and the date on which denunciation takes effect.

 

Article 29  

Presentation of proposals (Gen Regs 120, 121)  

1 The postal administration of a member country shall have the right to present, either to Congress or between Congresses, proposals concerning the Acts of the Union to which its country is a party.

2 However, proposals concerning the Constitution and the General Regulations may be submitted only to Congress.

Commentary

29.1 For the right of the CA and the POC to present props to Congress, see Gen Regs, art 102, para 6.23, and art 104, para 9.6.

29.2 Until the 1964 Vienna Congress, provs concerning the organization and functioning of the Union could be amended between Congresses, in which case the props dealing with these provs had to be approved by unanimous vote; this proved impracticable, however.

 

Article 30  

Amendment of the Constitution  

1 To be adopted, proposals submitted to Congress and relating to this Constitution must be approved by at least two thirds of the member countries of the Union.

2 Amendments adopted by a Congress shall form the subject of an additional protocol and, unless that Congress decides otherwise, shall enter into force at the same time as the Acts renewed in the course of the same Congress. They shall be ratified as soon as possible by member countries and the instruments of such ratification shall be dealt with in accordance with the procedure laid down in article 26.

Commentary

30.2 The amendments so far made to the Const are contained in the Add Prot, Tokyo 1969, the Second Add Prot, Lausanne 1974, the Third Add Prot, Hamburg 1984, the Fourth Add Prot, Washington 1989 and the Fifth Add Prot, Seoul 1994. The text of the present Const was updated on the basis of these five Prots.

 

Article 31  

Amendment of the General Regulations, the Convention and the Agreements  

1 The General Regulations, the Convention and the Agreements shall define the conditions to be fulfilled for the approval of proposals which concern them.

2 The Acts referred to in paragraph 1 shall enter into force simultaneously and shall have the same duration. As from the day fixed by Congress for the entry into force of these Acts, the corresponding Acts of the preceding Congress shall be abrogated.

Commentary

31.1 The conditions for the amendment of the Acts in Congress are to some extent graded in accordance with the importance of the Act in question:

Const:    A two-thirds majority of the member countries of the Union (art 30); two thirds of the latter must be present when the vote is taken (Rules of Proc of Congresses).

Gen Regs:              A majority of the member countries represented at the Congress; two thirds of the member countries of the Union present at the time of voting (Gen Regs, art 129).

Conv:     A majority of the member countries present and voting; half of the member countries represented at Congress must be present at the time of voting (Conv, art 59).

Agr:        A majority of the member countries parties to the Agr, present and voting; half of these member countries represented at Congress must be present at the time of voting (Parcels, art 42.1, Money Orders, art 13.3.1, Giro, art 18.3.1, COD, art 9.2.1).

The conditions for amending the Acts between Congresses are stricter (Conv, art 59.3, Parcels, art 42.3, Money Orders, art 13.3.3, Giro, art 18.3.3, COD, art 9.2.3).

31.2 Para 2 takes account of the following considerations:

 

1.             The very numerous amendments made to the Acts of the Union during Congresses resulted in the practice of the UPU renewing the Acts as a whole at each Congress.

2.             From a practical point of view it is important that all the amendments made by a Congress should go into force simultaneously and independently of approval by national legislation. This requirement of a practical nature conforms, moreover, to the spirit of art 1, para 1, according to which the countries which have adopted the Const form a single territory for the reciprocal exchange of letter-post items. Moreover, since the aim of the revision is the improvement of the postal services (art 1, para 2), it is most important that the new provs, once established, should be implemented promptly.

 

These two considerations notwithstanding, the contracting parties must be allowed sufficient time to take the essential practical and legislative measures and to carry out the procedure of approving the Acts.

 

Article 32  

Arbitration (Gen Regs 128)  

In the event of a dispute between two or more postal administrations of member countries concerning the interpretation of the Acts of the Union or the responsibility imposed on a postal administration by the application of those Acts, the question at issue shall be settled by arbitration.

Commentary

32 Any dispute existing or arising at international level between two parties may be solved by various means, notably by negotiation, inquiry, mediation, conciliation, arbitration or judicial settlement (see UN Charter, art 33).

The Union, while not excluding any means likely to lead by common consent to a solution to disputes between two adms, has to this end specifically established two procedures within the framework of the Acts, namely:

 

a.                    agreement to seek the opinion of the IB (Gen Regs, art 114, para 2); this opinion is not, however, binding on the parties;

Article 33  

Coming into operation and duration of the Constitution  

This Constitution shall come into operation on 1 January 1966 and shall remain in force for an indefinite period.

In witness whereof, the plenipotentiaries of the Governments of the contracting countries have signed this Constitution in a single original which shall be deposited in the archives of the Government of the country in which the seat of the Union is situated. A copy thereof shall be delivered to each party by the Government of the country in which Congress is held.

Done at Vienna, 10 July 1964.

Commentary

33 In accordance with the practice followed by the Union since its foundation, Congress fixes the date on which the Acts enter into force, irrespective of the number and dates of the ratifications deposited by the signatory countries. This procedure differs from the traditional practice still used, but less frequently than before, under which the treaties enter into force after a certain number of signatory countries have ratified them. The UPU also discarded very quickly the procedure of exchanging instruments of ratification, which was widely practised previously and which the UPU used at the outset before introducing the procedure of depositing the instruments with the Government which organized the Congress.

It should also be stated that despite the delays in ratification and approval, the Acts of the Union have always been applied by all the member countries from the date of their entry into force.

Previous to the 1964 Vienna Congress, the function of depositary of the Acts of a Congress was assumed by the country in which Congress was held. Since the Const is a permanent Act and to avoid Acts which are simultaneously in force being deposited with Governments of different countries, the function of depositary for all the Acts of the Union was entrusted to the Government of the country in which the UPU's headquarters are situated, namely the Government of the Swiss Confederation, before being transferred to the Director-General of the IB by the 1989 Washington Congress.

b.             recourse to the arbitration procedure laid down in arts 32 of the Const and 128 of the Gen Regs (either unilaterally or by common consent); in this case, the arbitration award is binding on the parties.

 

However, this is possible only in the case of disputes between adms, it being understood that such disputes may originate in complaints made by customers. Disagreements between customers and adms must, on the other hand, be laid before the legal authorities of the country of the adm sued, if they cannot be settled in any other way. If the arbitration procedure between the adms ends before the proceedings instituted by the claimant against the adm of origin, the judge will, according to legal doctrine, not be bound by the arbitrators' findings or award; he will, of course, consider them carefully, but he will judge them independently before adopting them. An arbitrator will do the same if the case between the sender and the adm of origin ends before the arbitration procedure.

There is no right of appeal against an arbitration award, whether decided by majority vote of the arbitrators or by a single arbitrator; it is binding on the adms which are parties to the dispute.

Twenty-eight arbitration awards were pronounced in the following cases:

 

1.             Internal legislation. Inviolability of sealed letters (Periodical 1877, p 215 et seq).

2.             Various transit questions. Special Agreements (1896 Rep, p 6).

3.             Payment in gold coins (1897 Rep, pp 7 and 8).

4.             Liability (1910 Rep, pp 6 and 7).

5.             Liability for COD items (1913 Rep, pp 7 et seq).

6.             Transit by quickest route (1913 Rep, pp 10 et seq).

7.             "Force majeure" exemption clause (1920 Rep, pp 6 et seq).

8.             Transit by Simplon-Orient Express (1923 Rep, pp 9 et seq; Periodical 1923, pp 145 et seq).

 

9.             Liability in the case of prohibited articles (1924 Rep, pp 9 et seq; Periodical 1925, pp 33 et seq).

10.           Liability (1925 Rep, pp 12 et seq; Periodical 1926, pp 26 et seq).

11.           Sea transit (1925 Rep, pp 13 et seq; Periodical 1926, pp 50 et seq).

12.           Conversion rates for money orders (1926 Rep, pp 8 et seq; Periodical 1926, p 149).

13.           Declaration of value smaller than the actual value (1927 Rep, pp 8 et seq; Periodical 1927, p 93).

14.           Liability (1927 Rep, pp 11 et seq; Periodical 1927, pp 373 et seq).

15.           Liability (1929 Rep, pp 12 et seq; Periodical 1929, pp 278 et seq).

16.           "Franc effectif" (gold-based franc) (1930 Rep, pp 8 et seq; Periodical 1930, pp 381 et seq).

17.           Liability (1931 Rep, pp 10 et seq; Periodical 1931, pp 91 et seq).

18.           Liability (1931 Rep, pp 14 et seq; Periodical 1932, p 141).

19.           Liability (1932 Rep, pp 8 et seq; Periodical 1932, pp 201 et seq).

20.           Liability (1932 Rep, pp 18 et seq; Periodical 1933, pp 1 et seq).

21.           Transit statistics (1933 Rep, pp 8 et seq).

22.           Liability (1934 Rep, pp 8 et seq; Periodical 1934, pp 273 et seq).

23.           Liability (1935 Rep, pp 8 et seq; Periodical 1935, pp 43 et seq).

24.           Compensation in respect of sea conveyance (1945 Rep, pp 7 et seq; Periodical 1946, pp 10 et seq).

25.           Liability (1948 Rep, pp 14-20).

26.           Setting off debts. Legal succession (1956 Rep, pp 24-28; Periodical 1956, pp 90A-93A).

27.           Liability (1966 Rep, pp 62-67).

28.                 Conversion rate for an account expressed in g fr (1981 Rep, pp 94-97).

 

Additional Protocols to the Constitution of the Universal Postal Union  

Commentary

Since the UPU Const was adopted at the 1964 Vienna Congress, it has been amended successively by the 1969 Tokyo, 1974 Lausanne, 1984 Hamburg, 1989 Washington and 1994 Seoul Congresses. The amendments have been incorporated in the text of the Const as given in this binder. However, it was considered useful to reproduce arts VIII and IX of the Fifth Add Prot, Seoul 1994, which are not incorporated in the Const, but are still valid.

 

Fifth Additional Protocol to the Constitution of the Universal Postal Union (Seoul 1994)

(Extract)

Contents

Art

I (art 8 amended)  Restricted Unions, Special Agreements

II (art 13 amended)               Bodies of the Union

III (art 17 amended)              Council of Administration

IV (art 18 amended)              Postal Operations Council

V (art 20 amended)               International Bureau

VI (art 22 amended)              Acts of the Union

VII (art 25 amended)            Signature, authentication, ratification and other forms of approval of the Acts of the Union

VIII         Accession to the Additional Protocol and to the other Acts of the Union

IX            Entry into force and duration of the Additional Protocol to the Constitution of the Universal Postal Union

The plenipotentiaries of the Governments of the member countries of the Universal Postal Union, met in Congress at Seoul, in view of article 30, paragraph 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 VIII 

Accession to the Additional Protocol and to the other Acts of the Union 

1 Member countries which have not signed the present Protocol may accede to it at any time.

2 Member countries which are party to the Acts renewed by Congress but which have not signed them shall accede thereto as soon as possible.

3 Instruments of accession relating to the cases set forth in paragraphs 1 and 2 shall be sent to the Director-General of the International Bureau, who shall notify the Governments of the member countries of their deposit.

Article IX 

Entry into force and duration of the Additional Protocol to the Constitution of the Universal Postal Union 

This Additional Protocol shall come into force on 1 January 1996 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 Government of the country in which Congress is held.

Done at Seoul, 14 September 1994.

 

Declarations made on signature

of the Acts of the 1994 Seoul Congress

I

On behalf of the Argentine Republic:

"Argentina reiterates the reservation made on ratification of the Constitution of the Universal Postal Union signed in Vienna, Austria, on 10 July 1964, by which the Argentine Government expressly stated that article 23 of the Constitution neither referred to nor included the Islas Malvinas, South Georgia, the South Sandwich Islands or Argentine Antarctica. The Argentine Republic therefore reaffirms its sovereignty over those territories which form an integral part of its national territory. It also recalls that the United Nations General Assembly adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the existence of a dispute about sovereignty is recognized and in which the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland are requested to enter into negotiations with a view to settling the dispute and finding a peaceful and final solution to the problems outstanding between the two countries, including all questions concerning the future of the Islas Malvinas, in accordance with the Charter of the United Nations.

"Similarly, the Argentine Republic points out that the provision contained in article 30, paragraph 1, of the Universal Postal Convention on the circulation of postage stamps valid in the country of origin will not be considered obligatory for the Republic where any such postage stamps distort Argentina's geographic and legal reality, without prejudice to the application of paragraph 15 of the joint Argentine-British Declaration of 1 July 1971 on communications and movement between Argentina's continental territory and the Islas Malvinas, approved by exchange of letters between the two Governments on 5 August 1971."

(Congress - Doc 101)

II

On behalf of Belgium, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal and Spain:

"The delegations of the member countries of the European Community will apply the Acts adopted by this Congress in accordance with their obligations pursuant to the Treaty establishing the European Community."

(Congress - Doc 101/Add 1)

III

On behalf of Austria, Finland, Iceland, Norway and Sweden:

"The delegations of Austria, Finland, Iceland, Norway and Sweden will apply the Acts adopted by this Congress in accordance with their obligations pursuant to the agreement establishing the European Economic Area."

(Congress - Doc 101/Add 2)

IV

On behalf of the People's Democratic Republic of Algeria, the State of Bahrain, the Republic of Indonesia, the Republic of Iraq, the Islamic Republic of Iran, Kuwait, the Lebanese Republic, the Socialist People's Libyan Arab Jamahiriya, Malaysia, the Islamic Republic of Mauritania, the Islamic Republic of Pakistan, the State of Qatar, the Kingdom of Saudi Arabia, the Republic of Sudan, the Syrian Arab Republic, the Republic of Tunisia, the United Arab Emirates and the Republic of Yemen:

"The above-mentioned delegations,

"Considering

the fourth Geneva Convention (1949) relative to the Protection of Civilian Persons in Time of War,

"Recalling

that Zionism exhibits all the characteristics of imperialism owing to the fact that it is a constant source of conflict and of war with the (adjacent) countries of the Middle East,

"Noting

that, by its basic philosophy, Zionism practises an avowed expansionism because it is occupying territories recognized de facto and de jure as belonging to free and independent countries which are members of the international community,

"Aware

that the Palestinian people are suffering the horrors of the conditions of occupation which are imposed on them and that, as a consequence, their defence is a just cause as it is designed to restore their human and social rights and their right to self-determination and to construct their own independent State on the territory of Palestine,

"Considering

that Israel is the spearhead of this philosophy of imperialism, expansionism and racism,

"Confirm

their declaration to No IX made at the 1964 Vienna Congress, their declaration No III made at the 1969 Tokyo Congress, their declaration No III made at the 1974 Lausanne Congress, their declaration No V made at the 1979 Rio de Janeiro Congress, their declaration No XXVII made at the 1984 Hamburg Congress and their declaration No III made at the 1989 Washington Congress

"And reaffirm

that their signature to all the Acts of the Universal Postal Union (1994 Seoul Congress) as well as any subsequent ratification of those Acts by their respective Governments are not valid vis-à-vis the member inscribed under the name of Israel and in no way imply its recognition."

(Congress - Doc 101/Add 3/Rev 2)

V

On behalf of France:

"France expresses its disagreement with the decision taken by the 21st Universal Postal Congress concerning the creation of a French language group. It does not recognize the legal validity of this decision from the viewpoint of the letter and the spirit of the Constitution of the Universal Postal Union.

"It therefore does not consider itself bound by any commitment implied by the creation of this group.

"Furthermore, it deeply regrets that this particularly sensitive question has been hastily dealt with, without prior in-depth study or any legal opinion, and without the effort to find the consensus that is essential to giving a ruling on a matter of this importance under proper conditions."

(Congress - Doc 101/Add 4)

VI

On behalf of Israel:

A

"The delegation of Israel to the 21st Congress of the Universal Postal Union rejects unreservedly and in their entirety, all declarations or reservations made by certain member countries of the Union at the Union's 15th Congress (Vienna 1964), 16th Congress (Tokyo 1969), 17th Congress (Lausanne 1974), 18th Congress (Rio de Janeiro 1979), 19th Congress (Hamburg 1984), 20th Congress (Washington 1989) and 21st Congress (Seoul 1994), purporting to disregard Israel's rights of membership in the UPU, as incompatible with the status of the State of Israel as a member of the UN and the UPU. Further, these declarations were made with the intention of not applying the provisions of the Acts of the UPU, and therefore contravene the letter and spirit of the Constitution, Convention and Agreements.

"The delegation of Israel accordingly considers these declarations and reservations as illegal and null and void."

(Congress - Doc 101/Add 5)

B

"In accordance with the letter and spirit of the UPU Constitution, the delegation of Israel considers that the Congress resolution on postal relations on the Korean peninsula is mandatory in universal postal relations."

(Congress - Doc 101/Add 6)

VII

On behalf of the United Kingdom of Great Britain and Northern Ireland:

"The Government of the United Kingdom of Great Britain and Northern Ireland has no doubt as to United Kingdom sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands and the British Antarctic Territory. In this context attention is drawn to article IV of the Antarctic Treaty to which both the United Kingdom and Argentina are parties.

"The United Kingdom Government therefore does not accept the declaration of the Argentine Republic claiming to contest United Kingdom sovereignty over the above-mentioned territories, nor does it accept the declaration of the Argentine Republic concerning article 30, paragraph 1, of the Universal Postal Convention (Congress - Doc 101).

"As regards other matters mentioned in the declaration of the Argentine Republic, the position of the United Kingdom Government is reserved."

(Congress - Doc 101/Add 7)

VIII

Declaration by the delegation of the former Yugoslav Republic of Macedonia:

"The governmental delegation of the Republic of Macedonia accepts the Final Acts adopted by the 21st UPU Congress held in Seoul from 22 August to 14 September 1994 subject to their official ratification by the Republic of Macedonia."

(Congress - Doc 101/Add 8)

 

General Regulations

 

General Regulations of the Universal Postal Union  

The undersigned plenipotentiaries of the Governments of member countries of the Union, having regard to article 22, paragraph 2, of the Constitution of the Universal Postal Union, concluded at Vienna on 10 July 1964, have, by common consent, and subject to article 25, paragraph 4, of the Constitution, drawn up in these General Regulations the following provisions securing the application of the Constitution and the functioning of the Union.

 

Article 101  

Organization and convening of Congresses and Extraordinary Congresses (Const 14, 15)  

1 The representatives of member countries shall meet in Congress not later than five years after the date on which the Acts of the preceding Congress come into operation.

2 Each member country shall arrange for its representation at Congress by one or more plenipotentiaries furnished by their Government with the necessary powers. It may, if need be, arrange to be represented by the delegation of another member country. Nevertheless it shall be understood that a delegation may represent only one member country other than its own.

3 In debates, each country shall be entitled to one vote.

4 In principle, each Congress shall designate the country in which the next Congress will be held. If that designation proves inapplicable, the Council of Administration shall be authorized to designate the country where Congress is to meet, after consultation with the latter country.

5 After consultation with the International Bureau, the host Government shall fix the definitive date and the precise locality of Congress. In principle one year before that date the host Government shall send an invitation to the Government of each member country of the Union. This invitation may be sent direct or through the intermediary of another Government or through the Director-General of the International Bureau. The host Government shall also be responsible for notifying the decisions taken by Congress to all the Governments of member countries.

6 When a Congress has to be convened without a host Government, the International Bureau, with the agreement of the Council of Administration and after consultation with the Government of the Swiss Confederation, shall take the necessary steps to convene and organize the Congress in the country in which the seat of the Union is situated. In this event the International Bureau shall perform the functions of the host Government.

7 The meeting place of an Extraordinary Congress shall be fixed, after consultation with the International Bureau, by the member countries which have initiated that Congress.

8 Paragraphs 2 to 6 shall be applicable by analogy to Extraordinary Congresses.

Commentary

101 For the list of Congresses, see part I, Historical outline, chapter VII.

The essential task of Congress is to revise or supplement the Acts, with the exception of the Det Regs whose revision falls to the POC. In addition:

 

a.             it appoints the members of the CA (art 102, para 3) and of the POC (art 104, para 2);

b.             it elects the Director-General and the Deputy Director-General of the IB (art 109, para 1);

c.             it fixes the ceiling for the annual expenditure of the Union (art 125, para 1) and the expenditure relating to the meeting of the next Congress (art 125, para 2);

d.             it considers the comprehensive reports on the activities of the CA and POC submitted by them to Congress (arts 103, para 2, and 105, para 3);

e.             it draws up the general programme of the Union's work for the following five-year period (see Washington Congress resolution C 91/1989);

f.              it decides the studies to be carried out by the CA (art 102, para 6.21);

g.             it examines and adopts the POC work programme (art 104, para 11);

h.             it draws up the strategic plan;

i.              it adopts the decisions and the resolutions concerning the operation of the various bodies of the Union;

j.              it fixes the ways and means of applying certain provs of the Acts of the Union;

k.             it may give its interpretation (authentic interpretation) or its opinion on the application of provs of the Acts of the Union, or on a question of common interest;

l.              it takes certain decisions of principle on the subject of the administration of the IB;

m.            it takes certain decisions of principle on the subject of technical cooperation.

 

As regards the legal scope of the opinions, interpretations and formal opinions, the 1952 Brussels Congress passed the following resolution: "Having been asked to state its views on the scope of the opinions, interpretations and formal opinions relating to the Acts of the Union, adopted by various Congresses and referred to in the minutes of the meetings, the 1952 Brussels Congress expressed the opinion that they do not have the same legal value as the Acts to which they apply. The purpose of these opinions, interpretations, etc, is to facilitate, where necessary, the interpretation of the Convention and the Agreements."

Apart from these interpretations which arise from the minutes, there are the authentic interpretations of the Acts of the Union which are the subject of a formal prop. These interpretations have the same validity as the Acts to which they relate; they are adopted by a majority of the member countries present and voting, unless Congress decides otherwise by a majority of the member countries present and voting (Rules of Proc of Congresses, art 20, para 2).

101.2 Until the 1947 Paris Congress, the principle of non-admission to UPU meetings of bodies not forming part of the postal services had always prevailed. See also Const, art 20, comm. The first observers which were admitted at that time were the UN, ICAO and IATA. It should be noted that, since the 1964 Vienna Congress, it has been the responsibility of the CA to designate those international intergovernmental organizations which should be invited to be represented at a Congress. This responsibility was extended to cover non-governmental organizations by the 1984 Hamburg Congress (see art 102, para 6.19).

A number of international organizations are now regarded as de jure observers at Congress, because their representation stems from a prov or a resolution. They are:

 

*              the representatives of the UN (UN-UPU Agreement);

*              the representatives of the Restricted Unions (Const, art 8, para 2);

*              the representatives of the OAU and of the League of Arab States (resolutions C 92/1974 of the Lausanne Congress and C 7/1979 of the Rio de Janeiro Congress);

*              the national liberation movements (Lausanne Congress resolution C 3/1974).

 

"Government" signifies here the highest authority having the power to negotiate and conclude treaties and conventions, namely the executive power representing the State. In fact, the delegates' credentials are signed by the Head of State, the Head of Government or the Minister for Foreign Affairs, as provided in the Rules of Proc of Congresses.

The situation of delegates whose credentials are lacking or are not in order is regulated in the Rules of Proc of Congresses.

101.3 A Federal State or a Confederation of States with a central government, even if composed of several States which have preserved a certain autonomy or sovereignty, may not claim several votes.

101.4 The next Congress will be held in China (People's Rep) in 1999.

This para was added by the 1964 Vienna Congress. Under the former Acts, Congress alone was empowered to designate the host country of the next Congress. This excessively strict practice caused serious difficulties in the organization of the 15th Congress. As the host country designated by the Ottawa Congress declined the office, the ELC had no alternative but to ask the Swiss Government to consult the member countries of the UPU through diplomatic channels, in order to approve the candidature of a new host country. India in turn having had to decline, a second diplomatic consultation resulted in the designation of Austria, which thus became the host country of the 15th Congress. The present procedure, while enabling Congress to designate the host country of the next Congress, allows the CA to settle this question itself if, as a result of special or unforeseen circumstances, the host country designated is unable to meet its obligations.

101.5 This para, added by the 1964 Vienna Congress, is in fact the official sanctioning of the practice followed until then as regards invitations to be sent to member countries in respect of the next Congress. Moreover, it seemed exaggerated to fix the definite date and exact place of the Congress five years in advance. Henceforth, both will only become definite at the moment of the official convocation of the member countries by the Government of the host country.

As regards notification of the resolutions and decisions of Congress other than those amending the Acts, the 1974 Lausanne Congress adopted resolution C 1/1974. The decisions concerned are given at the end of vol III of the Congress Docs and in the same form were sent to the governments of the member countries of the Union with the final Acts in the volume "Decisions of Congress".

Diplomatic difficulties between countries should not influence or prevent an invitation - either sent direct or through the intermediary of another country - or the country concerned from being represented at a Congress.

 

Article 102  

Composition, functioning and meetings of the Council of Administration  (Const 17)  

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 country of Congress. If that 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 member countries belonging to the geographical group of the host 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 shall be renewed at each Congress; no member may be chosen by three successive Congresses.

4 Each member of the Council of Administration shall appoint its representative, who shall be competent in postal matters.

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 Council of Administration shall have the following functions:

6.1           to supervise the activities of the Union between Congresses, ensuring compliance with the decisions 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;

6.2          to consider and approve, within the framework of its competence, any action considered necessary to safeguard and enhance the quality of and to modernize the international postal service;

6.3          to promote, coordinate and supervise all forms of postal technical assistance within the framework of international technical cooperation;

6.4          to consider and approve the annual budget and accounts of the Union;

6.5          to authorize the ceiling of expenditure to be exceeded, if circumstances so require, in accordance with article 125, paragraphs 2bis, 3, 4 and 5;

6.6          to lay down the Financial Regulations of the UPU;

6.7          to lay down the rules governing the Reserve Fund;

6.8          to lay down the rules governing the Special Fund;

6.9           to lay down the rules governing the Special Activities Fund;

6.10        to lay down the rules governing the Voluntary Fund;

6.11         to provide control over the activities of the International Bureau;

6.12        to authorize election of a lower contribution class, if it is so requested, in accordance with the conditions set out in article 126, paragraph 6;

6.13        to lay down the Staff Regulations and the conditions of service of the elected officials;

6.14        to create or abolish International Bureau posts taking into account the restrictions imposed by the expenditure ceiling fixed;

6.15         to appoint or promote officials to the grade of Assistant Director-General (D 2);

6.16        to lay down the Regulations of the Social Fund;

6.17        to approve the annual report on the work of the Union prepared by the International Bureau and where appropriate to furnish observations on it;

6.18        to decide on the contacts to be established with postal administrations in order to carry out its functions;

6.19        after consulting the Postal Operations Council, to decide on the contacts to be established with the organizations which are not de jure observers, to consider and approve the reports by the International Bureau on UPU relations with other international bodies and to take the decisions which it considers appropriate on the conduct of such relations and the action to be taken on them; to designate in due course the intergovernmental and non-governmental international organizations which should be invited to be represented at a Congress and to instruct the Director-General to issue the necessary invitations;

6.20        to establish 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), to follow closely the study of these questions, and to review and approve, for conformity with the aforementioned principles, Postal Operations Council proposals relating to these questions;

6.21         to study, at the request of Congress, the Postal Operations Council or postal administrations, 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 postal administrations between Congresses;

6.22        to approve the recommendations of the Postal Operations Council for the amendment, between two Congresses and in accordance with the procedure laid down in the Universal Postal Convention, of the postage charges for letter-post items;

6.23        to formulate proposals which shall be submitted for the approval either of Congress or of postal administrations in accordance with article 122;

6.24        to approve, 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;

6.25        to consider the annual report prepared by the Postal Operations Council and any proposals submitted by the Council;

6.26        to submit subjects for study to the Postal Operations Council for examination in accordance with article 104, paragraph 9.17;

6.27        to designate the country where the next Congress is to be held in the case provided for in article 101, paragraph 4;

6.28        to determine in due course and after consulting the Postal Operations Council, the number of Committees required to carry out the work of Congress and to specify their functions;

6.29        to designate, after consulting the Postal Operations Council and subject to the approval of Congress, the member countries prepared:

 

*              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

*              to sit on the restricted Committees of Congress;

 

 

6.30        to decide whether minutes of meetings of a Committee of Congress should be replaced by reports;

6.31        to review and approve the draft Strategic Plan for presentation to Congress developed by the Postal Operations Council with the support of the International Bureau; to review and approve annual revisions of the Plan approved by Congress on the basis of recommendations from the Postal Operations Council, and to consult with the Postal Operations Council on the development and annual updating of the Plan.

7 In appointing officials to grade D 2, the Council of Administration shall consider the professional qualifications of the candidates recommended by the postal administrations of the member countries of which the candidates are nationals, ensuring that the posts of Assistant Director-General are as far as possible 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, while giving due weight to the Bureau's internal promotion arrangements.

8 At its first meeting, which shall be convened 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.

9 On convocation by its Chairman, the Council of Administration shall meet in principle once a year, at Union headquarters.

10 The Chairman, the Vice-Chairmen, the Committee Chairmen and the Chairman of the Strategic Planning Working Party 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 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.

11 The representative of each of the members of the Council of Administration participating in its meetings, except for meetings which take place during Congress, shall be entitled to reimbursement of the cost of either 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 ticket. The same entitlement shall be granted to each member of its Committees, Working Parties or other bodies when these meet outside Congress and the sessions of the Council.

12 The Chairman of the Postal Operations Council shall represent that body at meetings of the Council of Administration on the agenda of which there are questions of interest to the body which he directs.

13 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.

14 The postal administration of the country in which the Council of Administration meets shall be invited to take part in the meetings in the capacity of observer, if that country is not a member of the Council of Administration.

15 The Council of Administration may invite any international body , any representative of an association or enterprise, or any qualified person whom it wishes to associate with its work to its meetings, without the right to vote. It may also invite, under the same conditions, one or more postal administrations of member countries concerned with questions on its agenda.

16 The members of the Council of Administration shall take an active part in its work. Member countries not belonging to the Council of Administration may, at their request, 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 Working Parties when their experience or expertise justifies it. The participation of member countries not belonging to the Council of Administration shall be carried out without additional expense for the Union.

Commentary

102 The provs concerning the CA come into effect immediately, in conformity with Seoul Congress resolution C 41/1994.

102.1 Regarding the interpretation of the phrase "during the period between two successive Congresses", see Const, art 17, para 1.

Before the 1974 Lausanne Congress, the EC elected its Chairman itself at the constituent meeting from among the EC members appointed by Congress. Traditionally, this chairmanship was allocated to the host country of Congress. By inserting the prov in para 2, the 1974 Lausanne Congress has ratified this tradition and, as a result, the host country of Congress becomes a de jure member of the CA, either as Chairman or as a member if the chairmanship is waived, and it has no need to apply to become a member of that body.

The 1979 Rio de Janeiro Congress replaced the expression "geographical region" by "geographical group". It was considered that the expressions "geographical region" and "geographical group" were synonymous but that the expression "geographical group" was older in usage and was also used in art 112.

102.2 At its May 1953 session, the ELC interpreted this prov as meaning that the chairmanship is given to a country, not to a specific person. This idea is confirmed in para 2 of this art.

Because of the constant increase in the number of member countries of the UPU, most Congresses have raised the number of ELC and then EC and CA members. Since the creation of this body, the progression of its membership has been as follows:

Number of CA (or EC or ELC) members         Number of UPU member countries

Paris 1947              19            88

Brussels 1952        20            94

Ottawa 1957          20            96

Vienna 1964           27            125

Tokyo 1969           31            142

Lausanne 1974      40            153

Seoul 1994             41            189

For the composition of the Council since 1947, see the CA and POC Practical Guides.

102.3 For the election of members of the CA, the 1994 Seoul Congress distributed the seats of that Council (apart from the seat reserved for the host country) in the following manner:

 

1.             Western hemisphere = 8 seats;

2.             Eastern Europe and Northern Asia = 5 seats;

3.             Western Europe = 6 seats;

4.             Southern Asia and Oceania = 10 seats + Chairman;

5.             Africa = 11 seats.

 

(Resolution C 19/1994)

The distribution of the CA members elected by the Seoul Congress is as follows (the figures in parentheses show the geographical group to which the country belongs):

Argentina (1)                        Finland (3)             Kazakstan (2)        Tanzania (United Rep) (5)

Bangladesh (4)                     France (3)              Kenya (5)               Thailand (4)

Barbados (1)                         Gabon (5)               Korea (Rep) (4)     Tunisia (5)

Bulgaria (Rep) (2) Germany (3)           Kuwait (4)              Ukraine (2)

Burkina Faso (5)                   Ghana (5)               Mexico (1)             United Arab Emirates (4)

Chile (1)                                 Great Britain (3)    Netherlands (3)     United States of America (1) 

China (People's Rep) (4)      India (4)                 Russian Federation (2)       

Congo (Rep) (5)                    Indonesia (4)         Saudi Arabia (4)   Uruguay (1)

Côte d'Ivoire (Rep) (5)         Iran (Islamic Rep) (4)                           Slovakia (2)           Venezuela (1)

Cuba (1) Italy (3)                  South Africa (5)                                    Zimbabwe (5)

Egypt (5)                                Jordan (4)

Sixteen of the 41 member countries of the CA elected by the Seoul Congress were members of the 1989 Washington EC, 25 are new.

Not included in this concept of successive periods is the period during which a member country holds the chairmanship of the CA as organizer of the preceding Congress, or becomes a de jure member of the CA for the same reason.

102.4 The provs of this para do not apply to meetings held during Congress, because some countries elected to the CA are represented at Congress by members of the diplomatic corps.

102.6 To carry out the tasks assigned to it by the 1994 Seoul Congress or resulting from this art, the CA set up the following ten Comms at its 1994 constituent meeting:

Comm 1 (General Matters and Structure of the Union);

Comm 2 (Finance);

Comm 3 (Human Resource Management);

Comm 4 (Services and Standards - Questions of Policy and Principle);

Comm 5 (Technical Cooperation);

Comm 6 (Seoul Postal Strategy).

102.6.2 This clause is designed to enable the CA to respond better and more quickly to customers' changing needs and to adapt the Union to present commercial and technical requirements.

102.6.3 The 1994 Seoul Congress, by resolution C 16/1994, laid down the priorities and principles of tech asst, while entrusting the CA and the IB with their application (see Const, art 1, comm).

102.6.9 The Special Activities Fund, which is maintained partly by the Union budget and partly by voluntary contributions from adms, was created to finance the work undertaken within the framework of the "permanent project to safeguard and enhance the quality of and to modernize the international postal service", as well as to enable urgent or unforeseen tasks to be executed.

102.6.11 As well as being controlled by the EC, the IB was - up to the 1984 Hamburg Congress - placed under the general supervision of the Government of the Swiss Confederation. The delimitation of functions between the Swiss authorities and the ELC/EC developed progressively from 1947 onwards until the total abolition of the supervisory authority in 1984.

102.6.13 The IB Staff Regulations, revised, have been in force since 1 January 1973. Regarding the conditions of service of elected officials, see art 109, para 1, comm.

102.6.15 The 1979 Rio de Janeiro Congress confined this competence of the CA to the grade of Assistant Director-General (D 2), at the same time strengthening it by deleting the words "on the proposal of the Director-General of the International Bureau". At the same time, it specified that the CA's competence covered both "appointments" (recruitments) and "promotions" to grade D 2.

For more details, see art 110, para 1.

102.6.19 In order to solve certain problems, the UPU sometimes needs the assistance of other international bodies which agree to cooperate with it in Joint Comms. This is the case with the WCO-UPU (World Customs Organization) Contact Comm, which deals with customs treatment of postal items or the IATA -UPU (International Air Transport Association-UPU) Contact Comm for the study of airmail problems.

For relations with the other UN specialized agencies, see Const, art 9.

Nevertheless, the CA should ensure that the bodies it invites to Congress have wide international responsibilities. Thus, in the United Nations framework, these invitations are sent only to the specialized agencies.

102.6.24 The clause introduced by the 1984 Hamburg Congress made it possible to deal with certain situations. By widening its scope and not limiting it to exceptional circumstances, the 1989 Washington Congress made this clause more flexible to allow the UPU to adopt new procedures and thus to adapt quickly enough to technological developments and customer needs.

102.7 The 1979 Rio de Janeiro Congress introduced for the first time a clear distinction between "appointments" and "promotions" (or between "appoint" and "promote") in order to bring the terminology of the Gen Regs into line with that of the UN common system, which has also been used in the IB Staff Regulations. The word "appoint" in the meaning of para 7 therefore refers only to appointments (recruitments).

102.8 At its constituent meeting on 12 September 1994 at Seoul, the CA appointed Congo (Rep), Cuba, Jordan and Ukraine as Vice-Chairmen.

The Rules of Proc adopted by the CA are given in this binder (see CA Rules of Proc).

102.9 As regards the possibility of occasionally meeting elsewhere than at the seat of the Union, it is necessary to safeguard the interests of the Union by planning the meetings to take place wherever it is considered economically most reasonable.

At the conclusion of the study that the 1984 Hamburg Congress had instructed it to conduct, the EC did not think it advisable to adopt sanctions against members of the EC and CCPS that did not participate regularly in the meetings of these bodies. It nevertheless recommended the Restricted Unions to draw the attention of member countries which were candidates for seats on the Councils to the obligations which would arise in the event of their election to these bodies (decision CE 21/1985).

102.11 Effective participation in CA meetings is a sine qua non for repayment of travelling expenses. In addition, these expenses are not reimbursed when the CA meeting is held during Congress, as participation in Congress is the primary reason for the delegates' travel.

Up to the 1974 Lausanne Congress, the representatives of EC member countries were entitled to reimbursement of the price of a first-class return air ticket. In amending this prov, the 1974 Lausanne Congress wished both to reduce Union expenditure on Council members' travel and to regulate reimbursement of expenses for travel other than by air.

102.13 This para gives in particular the POC Chairman, who already had the right to represent that body at CA meetings on the agenda of which there were questions concerning the POC (para 12 of the present art), the possibility of also attending other meetings like the other representatives designated by the POC.

 

Article 103  

Documentation on the activities of the Council of Administration (Gen Regs 102)  

1 After each session, the Council of Administration shall inform the member countries of the Union and the Restricted Unions about its activities by sending them, inter alia, a summary record and its resolutions and decisions.

2 The Council of Administration shall make to Congress a comprehensive report on its work and send it to postal administrations at least two months before the opening of Congress.

Commentary

103.1 The resolutions and decisions of the CA are published each year with the summary record. The IB has also published a Compendium containing the resolutions and decisions still applicable at the end of the 1994 Seoul Congress (1947-1995) (see also art 105, comm).

 

Article 104  

Composition, functioning and meetings of the Postal Operations Council (Const 18)  

1 The Postal Operations Council shall consist of forty 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. Twenty-four seats shall be reserved for developing countries and sixteen seats for developed countries. At least half of the members shall be renewed at each Congress.

3 The representative of each of the members of the Postal Operations Council shall be appointed by the postal administration of his country. This representative shall be a qualified official of the postal administration.

4 The operational expenses of the Postal Operations Council shall be borne by the Union. Its