Eleventh Additional Protocol to
the Constitution of the Universal Postal Union
Table of contents
Article
I. (Preamble modified)
II. (Art. 1 amended) Scope and objectives of the Union
III. (Art. 1bis amended) Definitions
IV. (Art. 4 amended) Exceptional relations
V. (Art. amended) Restricted Unions. Special Agreements
VI. (Art. 9 amended) Relations with the United Nations
VII. (Art. 11 amended) Accession or admission to the Union.
Procedure
VIII. (Art. 12 amended) Withdrawal from the Union.
Procedure
IX. (Art. 21 amended) Expenditure of the Union. Contributions
of member countries
X. (Art. 22 amended) Acts of the Union
XI. (Art. 25 amended) Signature, authentication, ratification,
acceptance, approval of and accession to the
Acts of the Union
XII. (Art. 26 amended) Notification of ratification,
acceptance, approval of and accession to the
Acts of the Union
XIII. (Art. 27 deleted) Accession to the Agreements
(deleted)
XIV. (Art. 28 amended) Denunciation of Agreements of the
Union
XV. (Art. 29 amended) Presentation of proposals
XVI. (Art. 30 amended) Amendment of the Constitution
XVII. (Art. 31 amended) Amendment of the General Regulations,
the Convention and the Agreements of the Union
XVIII. Entry into force and duration of the Additional
Protocol to the Constitution of the Universal Postal Union
Eleventh
Additional Protocol to the Constitution of the Universal Postal
Union
The plenipotentiaries of the governments of the member
countries of the Universal Postal Union, having met in Congress
at Abidjan, in view of article 30.2 of the Constitution of the
Universal Postal Union concluded at Vienna on 10 July 1964, have
adopted, subject to ratification, acceptance or approval,
the following amendments to that Constitution.
Article I
(Preamble modified)
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, acceptance or approval,
adopted this Constitution.
The mission of the Universal Postal Union
(hereinafter the "Union") is to stimulate the
lasting development of efficient and accessible universal postal
services of quality in order to facilitate communication between
the inhabitants of the world by:
- guaranteeing the free circulation of postal items over a
single postal territory composed of interconnected networks;
- encouraging the adoption of fair common standards and the
use of technology;
- ensuring cooperation and interaction among stakeholders;
- promoting effective technical cooperation;
- ensuring the satisfaction of customers' changing needs.
Article II
(Art. 1 amended)
Scope and objectives of the Union
1 The countries adopting this Constitution shall form, under
the intergovernmental organization entitled the Universal Postal
Union, a single postal territory for the reciprocal exchange of
postal items. Freedom of transit shall be guaranteed throughout
the entire territory of the Union, subject to the conditions
specified in the Acts of the Union and any additional
protocols thereto (hereinafter collectively "Acts of the
Union".
2 The aim of the Union shall be to secure the organization and
improvement of the postal services and to promote in this sphere
the development of international collaboration.
3 The Union shall take part, as far as possible, in postal
technical assistance sought by its member countries.
Article III
(Art. 1bis amended)
Definitions
1 For the purpose of the Acts of the Union, the
following terms shall have the meanings defined below:
1.1 Postal service: all international postal services, whose
scope is determined and regulated by the Acts of the Union. The
main obligations of postal services are to satisfy certain social
and economic objectives of member countries, by ensuring the
collection, processing, transmission and delivery of postal
items.
1.2 Member country: a country that fulfils the conditions of
article 2 of the Constitution.
1.3 Single postal territory (one and the same postal
territory): the obligation upon the contracting parties to the
Acts of the Union to provide for the reciprocal exchange of
postal items, including freedom of transit, and to treat postal
items in transit from other countries like their own postal
items, without discrimination, subject to the conditions
specified in the Acts of the Union.
1.4 Freedom of transit: obligation for an intermediate member
country to ensure the transport of postal items passed on to it
in transit for another member country, providing similar
treatment to that given to domestic items, subject to the
conditions specified in the Acts of the Union.
1.5 (Deleted.)
1.6 (Deleted.)
1.6bis Postal item: generic term referring to anything
dispatched by the designated operator of a member country (letter
post, parcel post, money orders, etc.), as described in the
Universal Postal Convention (hereinafter
"Convention"), the Agreements of the Union (as
referred to in article 22 of the Constitution) and their
respective Regulations.
1.7 Designated operator: any governmental or non-governmental
entity officially designated by the member country to operate
postal services and to fulfil the related obligations arising out
of the Acts of the Union on its territory.
1.8 Reservation: an exemption clause whereby a member country
purports to exclude or to modify the legal effect of a clause of
an Act, other than the Constitution and the General Regulations,
in its application to that member country. Any reservation shall
be compatible with the object and purpose of Union as defined in
the preamble and article 1 of the Constitution. It must be duly
justified and approved by the majority required for approval of
the Act concerned, and inserted in the Final Protocol
thereto.
Article IV
(Art. 4 amended)
Exceptional relations
1 Member countries whose designated operators provide
postal services on behalf of territories not included
in the Union are bound to act as intermediaries for other member
countries. The provisions of the Convention and its Regulations
shall be applicable to such exceptional relations.
Article V
(Art. 8 amended)
Restricted Unions. Special Agreements
1 Member countries, or their designated operators if the
legislation of those member countries so permits, may establish
Restricted Unions and make Special Agreements concerning the
postal service, provided always that they do not introduce
provisions less favorable to the public than those provided for
by the Acts to which the member countries concerned are
parties.
2 Restricted Unions may send observers to Congresses, to the
Council of Administration, to the Postal Operations Council, and
to other conferences and meetings organized by the Union.
3 The Union may send observers to Congresses, conferences and
meetings of Restricted Unions.
Article VI
(Art. 9 amended)
Relations with the United Nations
1 The relations between the Union and the United Nations shall
be governed by the agreements whose texts are annexed to
this Constitution.
Article VII
(Art. 11 amended)
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 whose replies have not been received
by the International Bureau within a period of four months
counting from the date of the consultation shall be considered as
having abstained. The aforementioned replies, to be submitted
by physical or secure electronic means to the International
Bureau, shall be signed by a duly authorized representative of
the governmental authority of the member country concerned. For
the purposes of this paragraph, "secure electronic
means" shall refer to any electronic means used for the
processing, storage and transmission of data that ensure that
completeness, integrity and confidentiality of such data are
maintained during the submission of the aforementioned replies by
a member country.
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.
Article VIII
(Art. 12 amended)
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, such notice to then be communicated by the Director
General of the International Bureau to the governments of member
countries.
2 Withdrawal from the Union shall become effective one year
after receipt of the notice of denunciation provided for
in paragraph 1 by the Director General of the
International Bureau.
Article IX
(Art. 21 amended)
Expenditure of the Union. Contributions of member countries
1 Each Congress shall fix the maximum amount which:
1.1 the expenditure of the Union may reach annually;
1.2 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, subject to the relevant provisions laid
down in the General Regulations.
4 In the case of accession or admission to the Union under
article 11, the country concerned shall choose the
contribution class into which it wishes to be placed for the
purpose of apportioning the expenses of the Union, equally
subject to the relevant provisions laid down in the General
Regulations.
Article X
(Art. 22 amended)
Acts of the Union
1 The Constitution shall be the basic Act of the Union. It
shall contain the organic rules of the Union and shall not be
subject to reservations.
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 and shall
not be subject to reservations.
3 The Convention and its Regulations shall
embody the rules applicable throughout the postal
service. These Acts shall be binding on all member
countries. Member countries shall ensure that their designated
operators fulfil the obligations arising from the Convention and
its Regulations.
4 The Agreements of the Union, and their Regulations, shall
respectively define and regulate the services other
than those defined and regulated in the Convention and its
Regulations between those member countries which are parties
to them. They shall be binding on those member countries only.
Signatory member countries shall ensure that their designated
operators fulfil the obligations arising from the Agreements
of the Union and their Regulations.
5 The Regulations, which shall contain the rules of
application necessary for the implementation of the Convention
and of the Agreements of the Union, 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.
Article XI
(Art. 25 amended)
Signature, authentication, ratification, acceptance, approval of
and accession to 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 Regulations shall be authenticated by the Chair and the
Secretary General of the Postal Operations Council.
3 The Acts of the Union shall be ratified, accepted
or approved as soon as possible by the signatory member
countries, in accordance with their respective constitutional
regulations.
4 (deleted).
5 When a member country does not ratify, accept or
approve the Acts of the Union which it has
signed, those Acts shall be no less valid for the
other member countries that have ratified, accepted or
approved them.
6 Member countries may, at any time,
accede to the Acts of the Union which they did not sign in
accordance with the relevant procedures set forth in the Rules of
Procedure of Congresses.
7 Accession of member countries to
the Acts of the Union shall be notified in accordance with
article 26.
Article XII
(Art. 26 amended)
Notification of ratification, acceptance, approval of and
accession to the Acts of the Union
1 The instruments of ratification, acceptance, approval of
and accession to the 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.
Article XIII
(Art. 27 deleted)
Accession to the Agreements
(Deleted.)
Article XIV
(Art. 28 amended)
Denunciation of Agreements of the Union
1 Each member country may cease being a party to one or more
of the Agreements of the Union, subject by analogy to
the conditions laid down in article 12.
Article XV
(Art. 29 amended)
Presentation of proposals
1 A member country shall have the right to present, either to
Congress or between Congresses, proposals concerning the Acts of
the Union to which it is a party.
2 However, proposals concerning the Constitution and the
General Regulations may be submitted only to Congress.
3 Moreover, proposals concerning the Regulations shall be
submitted to the Postal Operations Council through the
intermediary of the International Bureau.
Article XVI
(Art. 30 amended)
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 having the right to vote.
2 Amendments to the Constitution adopted by a Congress
shall form the subject of an additional protocol and
enter into force on the date specified therein as
decided by the same Congress. Without prejudice to the
binding character of the Constitution as provided for in article
22.1, the said amendments shall be ratified, approved,
accepted or acceded to as soon as possible by member
countries. The instruments of such ratification,
approval, acceptance or accession shall be dealt with in
accordance with the procedure laid down in article 26.
Article XVII
(Art. 31 amended)
Amendment of the General Regulations, the Convention and the
Agreements of the Union
1 The General Regulations, the Convention and the Agreements
of the Union shall define the conditions to be fulfilled
for the approval of proposals which concern them.
2 Amendments to the General Regulations, the Convention
and the Agreements of the Union shall form the
subject of an additional protocol and enter into force on
the date decided by Congress. Without prejudice to the binding
character of the aforementioned Acts of the Union as provided for
in article 22, the said amendments shall be ratified, approved,
accepted or acceded to as soon as possible by member countries.
The instruments of such ratification, approval, acceptance or
accession shall be dealt with in accordance with the procedure
laid down in article 26. This provision shall also apply,
mutatis mutandis, to any amendments to the Convention and
the Agreements of the Union adopted between Congresses.
Article XVIII
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 July 2022 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 member country by the
International Bureau of the Universal Postal Union.
Done at Abidjan, 26 August 2021