Part II Rules Applicable to Letter Post and Postal Parcels

Chapter 1

Provision of Services

Article 12

Basic Services

1. Member countries shall ensure the acceptance, handling, conveyance and delivery of letter-post items.
2. Letter-post items are:

2.1       priority items and non-priority items, up to 2 kilogrammes;

2.2       letters, postcards, printed papers and small packets, up to 2 kilogrammes;

2.3       literature for the blind, up to 7 kilogrammes;

2.4       special bags containing newspapers, periodicals, books and similar printed documentation for the same addressee at the same address called “M bags”, up to 30 kilogrammes.

3. Letter-post items shall be classified on the basis either of the speed of treatment of the items or of the contents of the items in accordance with the Letter Post Regulations.
4. Higher weight limits than those indicated in paragraph 2 apply optionally for certain letter-post item categories under the conditions specified in the Letter Post Regulations.
5. Member countries shall also ensure the acceptance, handling, conveyance and delivery of postal parcels up to 20 kilogrammes, either as laid down in the Convention, or, in the case of outward parcels and after bilateral agreement, by any other means which is more advantageous to their customers.
6. Weight limits higher than 20 kilogrammes apply optionally for certain parcel-post categories under the conditions specified in the Parcel Post Regulations.
7. Any country whose postal administration does not undertake the conveyance of parcels may arrange for the provisions of the Convention to be implemented by transport companies. It may, at the same time, limit this service to parcels originating in or addressed to places served by these companies.
8. Notwithstanding paragraph 5, countries which, prior to 1 January 2001 were not parties to the Postal Parcels Agreement shall not be obliged to provide the postal parcels service.

Article 13

Supplementary Services

1. Member countries shall provide the following mandatory supplementary services:

1.1       registration service for outbound priority and airmail letter-post items;

1.2       registration service for outbound non-priority and surface letter-post items to destinations for which there is no priority or airmail service;

1.3       registration service for all inbound letter-post items.

2. The provision of a registration service for outbound non-priority and surface letter-post items to destinations for which there is a priority or airmail service shall be optional.
3. Member countries may provide the following optional supplementary services in relations between those administrations which agreed to provide the service:

3.1       insurance for letter-post items and parcels;

3.2       recorded delivery for letter-post items;

3.3       cash-on-delivery service for letter-post items and parcels;

3.4       express delivery service for letter-post items and parcels;

3.5       delivery to the addressee in person of registered, recorded delivery or insured letter-post items;

3.6       free of charges and fees service for letter-post items and parcels;

3.7       fragile and cumbersome parcels services;

3.8       consignment service for collective items from one consignor sent abroad.

4. The following three supplementary services have both mandatory and optional parts:

4.1       international business reply service (IBRS), which is basically optional. All administrations shall, however, be obliged to operate the IBRS “return” service;

4.2       international reply coupons, which shall be exchangeable in any member country. The sale of international reply coupons is, however, optional;

4.3       advice of delivery for registered and recorded delivery letter-post items, parcels and insured items. All postal administrations shall admit incoming advices of delivery. The provision of an outward advice of delivery service is, however, optional.

5. The description of these services and their charges are set out in the Regulations.
6. Where the service features below are subject to special charges in the domestic service, postal administrations shall be authorized to collect the same charges for international items, under the conditions described in the Regulations:

6.1       delivery for small packets weighing over 500 grammes;

6.2       letter-post items posted after the latest time of posting;

6.3       items posted outside normal counter opening hours;

6.4       collection at sender’s address;

6.5       withdrawal of a letter-post item outside normal counter opening hours;

6.6       poste restante;

6.7       storage for letter-post items weighing over 500 grammes, and for parcels;

6.8       delivery of parcels, in response to the advice of arrival;

6.9       cover against risks of force majeure.

Article 14

Electronic Mail, EMS, Integrated Logistics and New Services

1. Postal administrations may agree with each other to participate in the following services, which are described in the Regulations.

1.1       electronic mail, which is a postal service involving the electronic transmission of messages;

1.2       EMS, which is a postal express service for documents and merchandise, and shall wherever possible be the quickest postal service by physical means. Postal administrations may provide this service on the basis of the EMS Standard Multilateral Agreement or by bilateral agreement;

1.3       integrated logistics, which is a service that responds fully to customers’ logistical requirements and includes the phases before and after the physical transmission of goods and documents;

1.4       the Electronic Post Mark, which provides evidentiary proof of an electronic event, in a given form, at a given time, and involving one or more parties.

2. Postal administrations may by mutual consent create a new service not expressly provided for in the Acts of the Union. Charges for a new service shall be laid down by each administration concerned, having regard to the expenses of operating the service.

Article 15

Items not Admitted. Prohibitions

1. General

1.1       Items not fulfilling the conditions laid down in the Convention and the Regulations shall not be admitted. Items sent in furtherance of a fraudulent act or with the intention of avoiding full payment of the appropriate charges shall not be admitted.

1.2       Exceptions to the prohibitions contained in this article are set out in the Regulations.

1.3       All postal administrations shall have the option of extending the prohibitions contained in this article, which may be applied immediately upon their inclusion in the relevant compendium.

2. Prohibitions in all categories of items

The insertion of the articles referred to below shall be prohibited in all categories of items:

2.1.1    narcotics and psychotropic substances;

2.1.2    obscene or immoral articles;

2.1.3    articles the importation or circulation of which is prohibited in the country of destination;

2.1.4    articles which, by their nature or their packing, may expose officials or the general public to danger, or soil or damage other items, postal equipment or third-party property;

2.1.5    documents having the character of current and personal correspondence exchanged between persons other than the sender and the addressee or persons living with them.

3. Explosive, flammable or radioactive materials and other dangerous substances

3.1       The insertion of explosive, flammable or other dangerous substances as well as radioactive materials shall be prohibited in all categories of items.

3.2       Exceptionally, the following substances and materials shall be admitted:

3.2.1    the radioactive materials sent in letter-post items and postal parcels mentioned in article 16.1;

3.2.2    the biological substances sent in letter-post items mentioned in article 16.2.

4. Live animals

4.1       Live animals shall be prohibited in all categories of items.

4.2       Exceptionally, the following shall be admitted in letter-post items other than insured items:

4.2.1    bees, leeches and silk-worms;

4.2.2    parasites and destroyers of noxious insects intended for the control of those insects and exchanged between officially recognized institutions;

4.2.3    flies of the family Drosophilidae for biomedical research exchanged between officially recognized institutions.

4.3       Exceptionally, the following shall be admitted in parcels:

4.3.1    live animals whose conveyance by post is authorized by the postal regulations of the countries concerned.

5. Insertion of correspondence in parcels

5.1       the insertion of the articles mentioned below shall be prohibited in postal parcels:

5.1.1    documents having the character of current and personal correspondence;

5.1.2    correspondence of any kind exchanged between persons other than the sender and the addressee or persons living with them.

6. Coins, bank notes and other valuable articles

6.1       It shall be prohibited to insert coins, bank notes, currency notes or securities of any kind payable to bearer, travellers’ cheques, platinum, gold or silver, whether manufactured or not, precious stones, jewels or other valuable articles:

6.1.1   in uninsured letter-post items;

6.1.1.1 however, if the internal legislation of the countries of origin and destination permits this, such articles maybe sent in a closed envelope as registered items;

6.1.2    in uninsured parcels, except where permitted by the internal legislation of the countries of origin and destination;

6.1.3    in uninsured parcels exchanged between two countries which admit insured parcels;

6.1.3.1 in addition, any administration may prohibit the enclosure of gold bullion in insured or uninsured parcels originating from or addressed to its territory or sent in transit à découvert across its territory; it may limit the actual value of these items.

7. Printed papers and literature for the blind

7.1       Printed papers and literature for the blind:

7.1.1    shall nor bear any inscription or contain any item of correspondence;

7.1.2    shall not contain any postage stamp or form of prepayment, whether cancelled or not, or any paper representing a monetary value, except in cases where the item contains as an enclosure a card, envelope or wrapper bearing the printed address of the sender of the item or his agent in the country of posting or destination of the original item, which is prepaid for return.

8. Treatment of items wrongly admitted

8.1       The treatment of items wrongly admitted is set out in the Regulations. However, items containing articles mentioned in 2.1.1, 2.1.2 and 3.1 shall in no circumstances be forwarded to their destination, delivered to the addressees or returned to origin. In the case of articles mentioned in 2.1.1 and 3.1 discovered while in transit, such items shall be handled in accordance with the national legislation of the country of transit.

Article 16

Admissible Radioactive Materials and Biological Materials

1. Radioactive materials shall be admitted in letter-post items and parcels in relations between postal administrations which have declared their willingness to admit them either reciprocally or in one direction only under the following conditions:

1.1       radioactive materials shall be made up and packed in accordance with the respective provisions of the Regulations;

1.2       when they are sent in letter-post items, they shall be subject to the tariff for priority items or the tariff for letters and registration;

1.3       radioactive materials contained in letter-post items or postal parcels shall be forwarded by the quickest route, normally by air, subject to payment of the corresponding surcharges;

1.4       radioactive materials may be posted only by duly authorized senders.

2. Biological materials shall be admitted in letter-post items under the following conditions:

2.1       Perishable biological substances, infectious substances and solid carbon dioxide (dry ice) when used as refrigerant for infectious substances may be exchanged through mail only between officially recognized qualified laboratories. These dangerous goods may be acceptable in mail for air carriage, subject to national legislation and current Technical Instructions of the International Civil Aviation Organization (ICAO) and as reflected in the IATA Dangerous Goods Regulations.

2.2       Perishable biological substances and infectious substances made up and packed in accordance with the respective provisions of the Regulations shall be subject to the tariff for priority items or to the tariff for registered letters. An additional charge for the handling of these items is allowed.

2.3       Admission of perishable biological substances and infectious substances shall be restricted to those member countries whose postal administrations have declared their willingness to admit such items, whether reciprocally or in one direction only.

2.4       Such substances or materials shall be forwarded by the quickest route, normally by air, subject to the payment of the corresponding air surcharges and shall be given priority in delivery.

Article 17

Inquiries

1. Each postal administration shall be bound to accept inquiries relating to any item posted in the service of its own administration or any other postal administration provided that the inquiries are presented within a period of six months from the day after that on which the item was posted. The period of six months shall concern relations between claimants and postal administrations and shall not include the transmission of inquiries between postal administrations.

1.1       However, the acceptance of inquiries about the non-receipt of ordinary letter-post items shall not be mandatory. Consequently, postal administrations which accept inquiries about the non-receipt of ordinary letter-post items shall have the option of confining their inquiries to the undeliverable items service.

2. Inquiries shall be entertained under the conditions laid down in the Regulations.
3. Inquiries shall be free of charge. However, additional costs caused by a request for transmission by EMS shall, in principle, be borne by the person making the request.

Article 18

Customs Control. Customs Duty and Other Fees

1. The postal administrations of the countries of origin and destination shall be authorized to submit items to customs control, according to the legislation of those countries.
2. Items submitted to customs control may be subjected to a presentation-to-Customs charge, the guideline amount of which is set in the Regulations. This charge shall only be collected for the submission to Customs and customs clearance of items which have attracted customs charges or any other similar charge.
3. Postal administrations which are authorized to clear items through the Customs on behalf of customers may charge customers a customs clearance fee based on the actual costs.
4. Postal administrations shall be authorized to collect from the senders or addressees of items, as the case may be, the customs duty and all other fees which may be due.

Article 19

Exchange of Closed Mails with Military Units

1. Closed letter-post mails may be exchanged through the intermediary of the land, sea or air services of other countries:

1.1       between the post offices of any member country and the commanding officers of military units placed at the disposal of the United Nations;

1.2       between the commanding officers of such military units;

1.3       between the post offices of any member country and the commanding officers of naval, air or army units, warships or military aircraft of the same country stationed abroad;

1.4       between the commanding officers of naval, air or army units, warships or military aircraft of the same country.

2. Letter-post items enclosed in the mails referred to under 1 shall be confined to items addressed to or sent by members of military units or the officers and crews of the ships or aircraft to or from which the mails are forwarded. The rates and conditions of dispatch applicable to them shall be fixed, according to its regulations, by the postal administration of the country which has made the military unit available or to which the ships or aircraft belong.
3. In the absence of special agreement, the postal administration of the country which has made the military unit available or to which the warships or military aircraft belong shall be liable to the administrations concerned for the transit charges for the mails, the terminal dues and the air conveyance dues.

Article 20

Quality of Service Standards and Targets

1. Administrations shall establish and publish delivery standards and targets for their inward letter-post items and parcels.
2. These standards and targets, increased by the time normally required for customs clearance, shall be no less favorable than those applied to comparable items in their domestic service.
3. Administrations of origin shall also establish and publish end-to-end standards for priority and airmail letter-post items as well as for parcels and economy/surface parcels.
4. Postal administrations shall measure the application of quality of service standards.

Chapter 2

Liability

Article 21

Liability of Postal Administrations Indemnities

1. General

1.1       Except for the cases provided for in article 22, postal administrations shall be liable for:

1.1.1    the loss of, theft from or damage to registered items, ordinary parcels and insured items;

1.1.2    the loss of recorded delivery items;

1.1.3    the return of a parcel on which the reason for non-delivery is not given.

1.2       Postal administrations shall not be liable for items other than those mentioned in 1.1.1 and 1.1.2.

1.3       In any other case not provided for in this Convention, postal administrations shall not be liable.

1.4       When the loss of or total damage to registered items, ordinary parcels and insured items is due to a case of force majeure for which indemnity is not payable, the sender shall be entitled to repayment of the charges paid, with the exception of the insurance charge.

1.5       The amounts of indemnity to be paid shall not exceed the amounts mentioned in the Letter Post Regulations and the Parcel Post Regulations.

1.6       In cases of liability, consequential losses or loss of profits shall not be taken into account in the indemnity to be paid.

1.7       All provisions regarding liability of postal administrations shall be strict, binding and complete. Postal administrations shall in no case, even in case of severe fault, be liable above the limits provided for in the Convention and the Regulations.

2. Registered items

2.1       If a registered item is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity set in the Letter Post Regulations. If the sender has claimed an amount less than the amount set in the Letter Post Regulations, administrations may pay that lower amount and shall receive reimbursement on this basis from any other administrations involved.

2.2       If a registered item is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage.

3. Recorded delivery items

3.1       If a recorded delivery item is lost, totally rifled or totally damaged, the sender shall be entitled to refund of the charges paid only.

4. Ordinary parcels

4.1       If a parcel is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity of an amount set in the Parcel Post Regulations. If the sender has claimed an amount less than the amount set in the Parcel Post Regulations, postal administrations may pay that lower amount and shall receive reimbursement on this basis from any other postal administrations involved.

4.2       If a parcel is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage.

4.3       Postal administrations may agree to apply, in their reciprocal relations, the amount per parcel set in the Parcel Post Regulations, regardless of the weight.

5. Insured items

5.1       If an insured item is lost, totally rifled or totally damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the insured value in SDRs.

5.2       If an insured item is partially rifled or partially damaged, the sender shall be entitled to an indemnity corresponding, in principle, to the actual value of the theft or damage. It may, however, in no case exceed the amount of the insured value in SDRs.

6. In the cases mentioned in 4 and 5, the indemnity shall be calculated according to the current price, converted into SDRs, of articles or goods of the same kind at the place and time at which the item was accepted for conveyance. Failing a current price, the indemnity shall be calculated according to the ordinary value of articles or goods whose value is assessed on the same basis.
7. When an indemnity is due for the loss of, total theft from or total damage to a registered item, ordinary parcel or insured item, the sender, or the addressee, as the case may be, shall also be entitled to repayment of the charges and fees paid with the exception of the registration or insurance charge. The same shall apply to registered items, ordinary parcels or insured items refused by the addressee because of their bad condition if that is attributable to the postal service and involves its liability.
8. Notwithstanding the provisions set out under 2, 4 and 5, the addressee shall be entitled to the indemnity after delivery of a rifled or damaged registered item, ordinary parcel or insured item.
9. The postal administration of origin shall have the option of paying senders in its country the indemnities prescribed by its internal legislation for registered items and uninsured parcels, provided that they are not lower than those laid down in 2.1 and 4.1. The same shall apply to the postal administration of destination when the indemnity is paid to the addressee. However, the amounts laid down in 2.1 and 4.1 shall remain applicable:

9.1       in the event of recourse against the administration liable; or

9.2       if the sender waives his rights in favour of the addressee or vice versa.

10. No reservations concerning payment of the indemnity to postal administrations may be made to this article, except in the event of bilateral agreement.

Article 22

Non-Liability of Postal Administrations

1. Postal administrations shall cease to be liable for registered items, recorded delivery items, parcels and insured items which they have delivered according to the conditions laid down in their regulations for items of the same kind. Liability shall, however, be maintained:

1.1       when theft or damage is discovered either prior to or at the time of delivery of the item;

1.2       when, internal regulations permitting, the addressee, or the sender if it is returned to origin, makes reservations on taking delivery of a rifled or damaged item;

1.3       when, internal regulations permitting, the registered item was delivered to a private mail-box and the addressee declares that he did not receive the item;

1.4       when the addressee or, in the case of return to origin, the sender of a parcel or of an insured item, although having given a proper discharge, notifies the delivery administration without delay that he has found theft or damage. He shall furnish proof that such theft or damage did not occur after delivery. The term “without delay” shall be interpreted according to national law.

2. Postal administrations shall not be liable:

2.1       in cases of force majeure, subject to article 13.6.9;

2.2       when they cannot account for items owing to the destruction of official records by force majeure, provided that proof of their liability has not been otherwise produced;

2.3       when such loss, theft or damage has been caused by the fault or negligence of the sender or arises from the nature of the contents;

2.4       in the case of items that fall within the prohibitions specified in article 15;

2.5       when the items have been seized under the legislation of the country of destination, as notified by the administration of that country;

2.6       in the case of insured items which have been fraudulently insured for a sum greater than the actual value of the contents;

2.7       when the sender has made no inquiry within six months from the day after that on which the item was posted;

2.8       in the case of prisoner-of-war or civilian internee parcels;

2.9       when the sender’s actions may be suspected of fraudulent intent, aimed at receiving compensation.

3. Postal administrations shall accept no liability for customs declarations in whatever form these are made or for decisions taken by the Customs on examination of items submitted to customs control.

Article 23

Sender’s Liability

1. The sender of an item shall be liable for injuries caused to postal officials and for any damage caused to other postal items and postal equipment, as a result of the dispatch of articles not acceptable for conveyance or the nonobservance of the conditions of acceptance.
2. In the case of damage to other postal items, the sender shall be liable for each item damaged within the same limits as postal administrations.
3. The sender shall remain liable even if the office of posting accepts such an item.
4. However, where the conditions of acceptance have been observed by the sender, the sender shall not be liable, in so far as there has been fault or negligence in handling the item on the part of administrations or carriers, after acceptance.

Article 24

Payment of Indemnity

1. Subject to the right of recourse against the administration which is liable, the obligation to pay the indemnity and to refund the charges and fees shall rest either with the administration of origin or with the administration of destination.
2. The sender may waive his rights to the indemnity in favor of the addressee. Conversely, the addressee may waive his rights in favor of the sender. The sender or the addressee may authorize a third party to receive the indemnity if internal legislation allows this.

Article 25

Possible Recovery of the Indemnity from the Sender or the Addressee

1. If, after payment of the indemnity, a registered item, a parcel or an insured item or part of the contents previously considered as lost is found, the sender or the addressee, as the case may be, shall be advised that the item is being held at his disposal for a period of three months on repayment of the amount of the indemnity paid. At the same time, he shall be asked to whom the item is to be delivered. In the event of refusal or failure to reply within the prescribed period, the same approach shall be made to the addressee or the sender as the case may be, granting that person the same period to reply.
2. If the sender and the addressee refuse to take delivery of the item or do not reply within the period provided for in paragraph 1, it shall become the property of the administration or, where appropriate, administrations which bore the loss.
3. In the case of subsequent discovery of an insured item the contents of which are found to be of less value than the amount of the indemnity paid, the sender or the addressee, as the case may be, shall repay the amount of this indemnity against return of the item, without prejudice to the consequences of fraudulent insurance.

Article 26

Reciprocity Applicable to Reservations Concerning Liability

1. Notwithstanding the provisions in articles 22 to 25, any member country which reserves the right not to pay indemnity for liability shall not be entitled to receive indemnity from other member countries which accept liability under these articles.

Chapter 3

Provisions Specific to Letter Post

Article 27

Posting Abroad of Letter-Post Items

1. A member country shall not be bound to forward or deliver to the addressee letter-post items which senders residing in its territory post or cause to be posted in a foreign country with the object of profiting by the more favorable rate conditions there.
2. The provisions set out under 1 shall be applied without distinction both to letter-post items made up in the sender’s country of residence and then carried across the frontier and to letter-post items made up in a foreign country.
3. The administration of destination may claim from the sender and, failing this, from the administration of posting, payment of the internal rates. If neither the sender nor the administration of posting agrees to pay these rates within a time limit set by the administration of destination, the latter may either return the items to the administration of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its own legislation.
4. A member country shall not be bound to forward or deliver to the addresses letter-post items which senders post or cause to be posted in large quantities in a country other than the country where they reside if the amount of terminal dues to be received is lower than the sum that would have been received if the mail had been posted in the country where the senders reside. The administration of destination may claim from the administration of posting payment commensurate with the costs incurred and which may not exceed the higher of the following two amounts: either 80% of the domestic tariff for equivalent items, or 0.14 SDR per item plus 1 SDR per kilogramme. If the administration of posting does not agree to pay the amount claimed within a time limit set by the administration of destination, the administration of destination may either return the items to the administration of posting and shall be entitled to claim reimbursement of the redirection costs, or handle them in accordance with its own legislation.