78 (1971) Nr. 10

A. TITEL

Constitutie van de Postunie van de Staten van het Amerikaanse Werelddeel, Spanje en Portugal;

(met Algemeen Reglement)

Santiago de Chile, 26 november 1971

B. TEKST

De Spaanse tekst van de Constitutie en het Algemeen Reglement (zoals bijgewerkt tot en met de wijziging van 1990) is geplaatst in Trb. 1992, 119.

De tekst van de preambule tot en van artikel 1 van de Constitutie zijn gewijzigd door het in rubriek J van Trb. 1994, 48 afgedrukte Vijfde Aanvullend Protocol van 1993.

De Spaanse tekst, zoals in 1998 tot stand gekomen, van het Algemeen Reglement is geplaatst in rubriek J van Trb. 2002, 228.

De geconsolideerde Engelse tekst van de Constitutie (zoals bijgewerkt tot en met de wijzigingen ingevolge het Zesde en het Zevende Aanvullend Protocol van respectievelijk 2000 en 2005), met Algemeen Reglement (versie zoals aangepast door de Congressen van 2000 en 2005), is geplaatst in Trb. 2007, 195.

De Spaanse tekst van het Achtste Aanvullend Protocol van 2007 en van het Algemeen Reglement (versie zoals aangepast door het Congres van 2007) is geplaatst in Trb. 2009, 40.

De Spaanse tekst van het Negende Aanvullend Protocol van 2009 en van het Algemeen Reglement (versie zoals aangepast door het Congres van 2009) is geplaatst in Trb. 2010, 127.

C. VERTALING

Zie Trb. 2009, 127.

De Engelse vertaling van het op 21 augustus 2009 aangenomen Negende Aanvullend Protocol en van het gewijzigde Algemeen Reglement (versie zoals aangepast door het Congres van 2009) luidt als volgt:


Ninth Additional Protocol to the Constitution of the Postal Union of the Americas, Spain and Portugal

The plenipotentiary representatives of the governments of the member countries and territories of the Postal Union of the Americas, Spain and Portugal, assembled in Santiago, have, pursuant to Article 26, paragraph 2 of the Constitution of the Union adopted in Montevideo in 2007, adopted the following amendments to that Constitution, subject to ratification.

Article I (Article 1, amended)

Mission of the Union

The mission of the Union shall be to strengthen by means of international cooperation the regional integration of the postal sector, and to ensure high-quality postal services for all persons, and the reform and modernization of the sector, in a manner that promotes sustainable development.

Article II (Article 2, amended)

Aims of the Union

The Union shall have the following aims:

  • a) To promote the provision of a universal postal service and the development of the postal sector in the region, by reforming it in the member countries or territories, transforming and modernizing its organizations and training its human resources;

  • b) To coordinate and promote efficient cooperation for postal development in the member countries or territories;

  • c) To coordinate and promote the exchange of information and knowledge in the operational, regulatory and governmental spheres;

  • d) To improve the quality of service and the interconnection and security of the networks, by promoting and applying information and communications technology that will allow measurement of the performance of postal services as well as greater reliability in the exchange of data among member countries or territories, and thus help satisfy the needs of users and customers;

  • e) To guarantee the integration of its actions and strategies within the framework of the World Postal Strategy adopted by the Universal Postal Union (“UPU”), favouring interaction, coordination and communication with that organization, other Restricted Unions, other international organizations and other parties associated with the postal sector.

Article III (Article 10, amended)

Privileges and Immunities

  • 1. The Union shall enjoy, in the territory of each of its member countries or territories, the privileges and immunities necessary for the fulfilment of its mission.

  • 2. The representatives of the member countries or territories who compose the delegations to the meetings of the Union’s bodies, or who carry out its official business, shall also enjoy the privileges and immunities necessary to carrying out these activities.

  • 3. The staff of the General Secretariat of the Union shall also enjoy these prerogatives while they are engaged in official business.

Article IV (Article 16, amended)

Consultative and Executive Council

  • 1. The Council shall ensure the continuity of Union work during the intervals between Congresses by applying the General Secretariat’s annual action plan and giving priority to the courses of action it lays down, in accordance with the strategy adopted by the Congress, and shall conduct studies and issue opinions on matters of interest to or connected with postal service. It shall also supervise and monitor General Secretariat activities.

  • 2. Members of the Council shall discharge their functions in the name and interests of the Union.

Article V (Article 17, amended)

General Secretariat

  • 1. The General Secretariat, under the control of the Council, is the permanent body for the work of the Union in implementing its strategic plan, as well as liaison between its members. It shall serve as the Secretary of the Congress, the Council and its Management Committee, and of the working groups, which it shall assist in discharging its functions.

  • 2. The General Secretariat shall be based at Union headquarters and shall be directed by a Secretary General, under the general supervision of the Eastern Republic of Uruguay.

Article VI (Article 19, amended)

Resolutions and Recommendations of the Congress

  • 1. Resolutions

    Resolutions shall express the will of the Congress and shall relate to the strategy or activities of the Union or certain aspects of the provision of postal services in the region.

    Any Resolution containing an order shall be binding, and shall establish, as applicable, the period in which it shall be in effect or within which it should be implemented.

    The Resolutions shall be appended to the Union Acts.

  • 2. Recommendations

    The Recommendations shall state the opinion of the Congress with respect to initiatives or practical improvements considered advisable for the development of postal services in the member countries or territories, which they shall apply to the extent possible.

    The Recommendations shall be appended to the Union Acts.

  • 3. Any Final Protocol that may be attached to Resolutions of the Congress referring to postal operations shall contain the reservations to such resolutions.

Article VII (Article 21, amended)

The Expenditures of the Union

  • 1. Each Congress shall set the maximum amount of:

    • a) the total budget for each year of the following four-year period;

    • b) the expenditures to be disbursed for the organization of the next Congress.

  • 2. The costs of the Union shall be borne by all the member countries and territories collectively, which shall be classified for this purpose in different contribution categories. To this end, each member country or territory shall choose the contribution category in which it wishes to be included. The contribution categories shall be established by the General Regulations.

  • 3. In case of accession to the Union, the Government of the country or territory concerned shall choose the contribution category in which it wishes to be included for the purposes of dividing the costs of the Union.

This Additional Protocol shall enter into force on January 1, 2010, and shall remain in force indefinitely.

IN WITNESS WHEREOF, the plenipotentiary representatives of the governments of the member countries or territories have drawn up this Additional Protocol, which shall have the same force and effect as if its provisions were inserted in the text of the Constitution itself, and have signed a single original, which shall be entered in the files of the General Secretariat of the Union. The General Secretariat shall issue a copy to each party.

SIGNED in the city of Santiago de Chile, on August 21, 2009.


General Regulations of the Postal Union of the Americas, Spain and Portugal

Preamble

The undersigned plenipotentiary representatives of the governments of the member countries and territories of the Postal Union of the Americas, Spain and Portugal adopt these General Regulations by unanimous consent, pursuant to Article 18, paragraph 2 of the Constitution adopted in Montevideo in 2007, to ensure its enforcement and to govern Union operations.

CHAPTER I GENERAL PROVISIONS

Article 101 Accession or admission to the Union. Procedure

  • 1. Governments of interested countries or territories shall send notices of accession or applications for admission to the General Secretariat, which shall notify the other member countries or territories of their receipt.

  • 2. Applications by an interested country or territory for admission to the Union must be approved by a minimum of two thirds of its member countries or territories.

  • 3. Member countries or territories failing to respond within four months from the date of notification of an application for admission shall be deemed to have given their approval.

  • 4. The General Secretariat shall notify the governments of all member countries and territories of the accession or admission of a new member country or territory.

  • 5. The applicant country or territory shall be notified of the decision taken on its application and, if admitted, of the effective date of its admission and other information related to its acceptance.

Article 102 Withdrawal from the Union. Procedure

  • 1. Any member country or territory may withdraw from the Union by denouncing the Constitution in a written notice to the General Secretariat, conveyed by the latter to the governments of the other member countries or territories.

  • 2. Withdrawal from the Union shall become effective one year from the date of receipt by the General Secretariat of the notice of denunciation referred to in paragraph 1 above.

  • 3. Any member country or territory withdrawing from the Union must continue to fulfil its obligations under the Union Acts until the effective date of its withdrawal.

CHAPTER II ORGANIZATION AND OPERATION OF UNION BODIES

Article 103 Organization and Operation of Congresses

  • 1. Representatives of the member countries and territories shall meet at Congresses approximately every four years.

  • 2. Each Congress shall designate the host country or territory for the following Congress, subject to a corresponding offer by the country or territory so designated. In the event of offers from more than one country or territory, the decision shall be made by secret ballot, in accordance with the provisions of Article 111 of these Regulations.

  • 3. In cases where a Congress cannot be held in the designated host country or territory, the General Secretariat shall take the necessary emergency action to seek out a country or territory willing to host the Congress, submitting the results of its efforts to the Council for a decision.

  • 4. The General Secretariat shall follow the procedure established in paragraph 3 above if, by the end of a Congress, no country or territory has offered to host the next Congress.

  • 5. In cases where a Congress must be held despite the absence of a host government, the General Secretariat shall make the necessary arrangements to convene and organize the Congress in the country or territory in which the Union has its headquarters in agreement with the Council and the government of the Eastern Republic of Uruguay, in which case the General Secretariat shall discharge the functions of host government.

  • 6. The government of the host country or territory shall set the final date and location for the Congress in agreement with the General Secretariat. In principle, the government of the country or territory hosting the Congress shall send invitations to the governments of all member countries or territories one year in advance, either directly or through the General Secretariat.

  • 7. The chairmanship of the Congress shall be exercised by the host country or territory. The Council shall designate the country or territory to serve as chairman under the circumstances described in paragraph 5 above.

  • 8. The member country or territory hosting the Congress shall, in consultation with the General Secretariat, suggest the name of an actively employed or retired postal official with a long history of attendance at Union Congresses to serve as its Doyen, with the Council confirming this appointment in due course. The Doyen shall temporarily chair the Congress at the opening of its first plenary session until a permanent Chairman is appointed. The Doyen shall nominate candidates for the chairmanship and vice-chairmanship of both the Congress and its Committees. One Congress vice-chairmanship shall go to the country or territory that chaired the previous Congress.

  • 9. The Doyen shall bring a motion before the first session of the Congress for the appointment of the officers, consisting of the Congress Chairman, the two Vice-Chairmen and the Secretary General of the Union.

  • 10. The Congress shall have the following purposes:

    • a) To amend and supplement Union Acts, Resolutions and Recommendations as necessary;

    • b) To set priorities for Union activities during the ensuing period by adopting the strategy, which will serve as the basis for drawing up the annual action plans; and

    • c) To discuss all matters brought before it, pertaining to the purposes of the Union.

  • 11. The Congress shall express its will through Resolutions and Recommendations, in accordance with Article 19 of the Constitution.

  • 12. Each member country or territory shall arrange to be represented by one or more delegates or by the delegation of another member country or territory. The delegation of a member country or territory may not represent more than one other country or territory in addition to its own.

  • 13. Every member country or territory may formulate reservations to Union Acts and Resolutions adopted by the Congress with regard or in relation to postal operations at the time of their signature.

  • 14. The government of the member country or territory hosting the Congress shall notify the governments of member countries or territories of the Acts, Resolutions and Recommendations adopted by the Congress.

Article 104 Functions of the Congress Chairman and Vice-Chairmen

  • 1. The Chairman shall open meetings, lead debates, recognize speakers in the order they ask to speak, put matters which cannot be decided by unanimous consent to a vote, rule on procedural questions arising in the course of the debates and close the Congress.

  • 2. In the course of the Congress the Chairman shall convene the first meeting of the Council.

  • 3. The Chairman shall cosign the Acts, Resolutions and Recommendations adopted by the Congress with the Secretary General.

  • 4. In his absence, the Chairman shall be replaced by the First Vice-Chairman from the country that chaired the previous Congress, and the latter, if necessary, by the Second Vice-Chairman.

Article 105 Delegations

  • 1. A delegation is defined as the person or group of persons designated by a member country or territory to represent it at the Congress. If the delegation is composed of several delegates, a head of delegation and, if appropriate, a deputy head shall be designated.

  • 2. Members of the delegations shall be experts with ample knowledge of Union rules, and with specific responsibilities related to postal operations in member countries or territories.

  • 3. Countries or territories unable to attend a Congress may arrange to be represented by another delegation. Likewise, countries present at the Congress but unable to attend a particular session may arrange to be represented by another delegation. The Chairman shall be advised of the decisions made in either of these circumstances, bearing in mind that no member country or territory may represent more than one other country or territory.

Article 106 Delegate Credentials

  • 1. All delegates must bear credentials signed by the Head of State, Head of Government or Minister of Foreign Affairs of the member countries or territories in question.

  • 2. Delegate credentials must be drawn up in due and proper form. Delegates whose credentials meet one of the following criteria shall be considered plenipotentiary representatives:

    • a) They confer full powers;

    • b) They grant the delegate the authority to represent his government without restrictions;

    • c) They grant the delegate the necessary powers to sign Union Acts.

    All three cases implicitly include the power to take part in debates and to vote.

    Delegates whose credentials fail to meet the criteria of subparagraphs (a), (b) and (c) above shall be entitled only to take part in debates and vote.

  • 3. All credentials shall be deposited with the authority specifically designated for this purpose at the opening of the Congress.

  • 4. Delegates who have not presented their credentials may take part in debates and votes provided their names have been submitted by their government to the government of the country or territory hosting the Congress. The same applies to delegates whose credentials exhibit some defect or irregularity. These delegates may no longer vote once the Congress has approved the Credentials Committee report attesting to their failure to present credentials or to the inadequacy of their credentials for voting purposes, until such time as their status has been regularized.

  • 5. Only original, duly conferred credentials and proxies shall be admissible. However, telegrams or messages sent via any other written telecommunications medium in response to requests for information on delegate credentials shall be accepted.

Article 107 Observers

  • 1. The following may take part in Congress debates as observers, and may speak if authorized to do so by the Chairman of the Congress, but without voting rights:

    • a) Representatives of non-member countries who have been specially invited by decision of the Council, on the agreed terms;

    • b) Representatives of the Universal Postal Union;

    • c) Representatives of Restricted Postal Unions extending reciprocal invitations.

  • 2. Representatives of international organizations or any organization having an interest in or related to the sector, whose participation is considered by the Council, the Management Committee and the General Secretariat to be significant for the performance of the work of the Congress, may also be admitted as observers, on the agreed terms.

  • 3. The General Secretariat shall, in consultation with the Chairman of the Council and the Management Committee, issue the invitations referred to in paragraphs 1 and 2.

Article 108 Submission and Consideration of Proposals

  • 1. Proposals submitted in accordance with Article 125 of these Regulations shall serve as the basis for Congress debates.

  • 2. In principle, each proposal shall have a single purpose and shall contain only amendments related thereto.

  • 3. However, amendments may be introduced orally or in writing at any time during the discussion of a particular issue.

  • 4. In cases of multiple proposals in regard to a single issue, the Chairman shall determine the order of discussion, starting, in principle, with the proposal that departs furthest from the original text or that entails the most radical change.

  • 5. If a proposal can be subdivided into several parts, each part may be considered and voted on separately with the consent of the orginator or the Congress.

  • 6. Amendments accepted by the delegation presenting the original proposal shall be immediately incorporated into the text of the proposal. Amendments that are not accepted shall be handled according to the rule established in paragraph 4 above as regards the order of their discussion.

  • 7. The procedure described in paragraph 6 above shall also apply in cases of several amendments presented in connection with a single proposal.

  • 8. Any proposal withdrawn at a plenary session may be resubmitted by another delegation. Moreover, in the event of the approval and acceptance of an amendment to a proposal by the country or territory submitting the original proposal, another member country or territory may resubmit the original version of the proposal.

  • 9. If a proposal has been accepted or rejected by the Congress, it may be re-examined by the same Congress only if the motion for reconsideration is supported by at least three delegations and approved by two thirds of the member countries or territories present and voting.

  • 10. Any proposal that could entail substantial expenditures by the Union must be accompanied by an estimate of its financial consequences, prepared in consultation with the General Secretariat by the member country or territory that has drafted it, for the purpose of determining the financial resources needed for its implementation.

Article 109 Debates

  • 1. Speakers must confine themselves to the pending issue, limiting their speeches to a maximum of five minutes, except as otherwise agreed by a simple majority of the members present and voting. The Chairman shall be authorized to interrupt any speakers exceeding their allotted time.

  • 2. Subject to consultation with the Congress and approval by a simple majority of members present and entitled to vote, the Chairman may:

    • limit the number of speeches by a single delegation on a particular proposal or group of proposals;

    • b) limit the number of speeches by different delegations on a particular proposal or group of proposals to five in favour and five against the pending issue;

    • c) declare the list of speakers closed after reading it aloud, subject to the right of the delegation presenting the proposal to respond to speeches by other delegations.

Article 110 Motions on Points of Order and Procedural Motions

  • 1. During the discussion of any question and even, where appropriate, after the closure of the debate, a delegation may submit a motion on a point of order, for the purposes of requesting:

    • – clarifications on the conduct of the debates;

    • – observance of the Constitution or the Regulations;

    • – a change in the order of discussion of proposals suggested by the Chairman.

    The motion on a point of order shall take precedence over all other questions, including the procedural motions referred to in paragraph 3 below.

  • 2. The Chairman shall immediately give the desired clarifications or take the decision which he considers advisable on the subject of the motion on a point of order. In the event of an objection, the Chairman’s decision shall be put to the vote forthwith.

  • 3. In addition, during the discussion of a question, a delegation may introduce a procedural motion with a view to proposing:

    • a) the suspension of the meeting;

    • b) the closure of the meeting;

    • c) the closure of the list of speakers;

    • d) the adjournment of the debate on the question under discussion;

    • e) the closure of the debate on the question under discussion.

      Procedural motions shall take precedence, in the order set out above, over all other proposals except the motions on points of order referred to in paragraph 1 above.

  • 4. Motions for the suspension or closure of the meeting shall not be discussed, but shall be put to the vote immediately.

  • 5. When a delegation moves to close the list of speakers or to postpone or close the debate on a question under discussion, only two speakers against the procedural motion in question may speak, after which the motion shall be put to the vote.

  • 6. A delegation which submits a motion on a point of order or a procedural motion may not, in its submission, deal with the substance of the question under discussion. The proposer of a procedural motion may withdraw it before it has been put to the vote, and any motion of this kind, whether amended or not, that is withdrawn may be reintroduced by another delegation.

Article 111 Voting

  • 1. Issues on which there is no general agreement will be put to a vote which, to be valid, shall require the presence or representation of two thirds of all member countries or territories entitled to vote.

  • 2. Subject to the provisions of paragraph 1 above, member countries or territories entitled to vote shall mean those that vote “for” or “against”, and abstentions shall not be taken into account in determining the number of votes needed to form a majority, nor will blank ballots or invalid ballots in the case of voting by secret ballot.

  • 3. If the number of abstentions and blank or invalid ballots exceeds half of the total votes cast (for, against and abstentions), the discussion of the matter shall be postponed to a subsequent meeting, at which abstentions, blank ballots and invalid ballots shall no longer be counted.

  • 4. In case of a tie, the motion shall be deemed rejected.

  • 5. In general, votes shall be cast by the raising of placards displaying the name of the member country or territory. However, roll call votes shall be taken at the request of any delegation or by decision of the Chairman, following the alphabetical order of the countries or territories, after drawing lots to determine the delegation to begin the voting.

  • 6. Votes shall be taken by secret ballot at the request of any delegation, seconded by another delegation, in which case the Chairman shall take all necessary steps to ensure the secrecy of the vote. Motions for secret ballots made in accordance with this paragraph shall take precedence over motions for roll call votes.

  • 7. Each member country or territory shall be entitled to cast a single vote, and may also vote on behalf of another member country or territory by proxy or delegation.

Article 112 Reports of Meetings

  • 1. Reports of all meetings shall be drawn up in Spanish in the form of a summary record of the general course of each meeting and the proposals presented, and a summary of the debates conducted and their outcomes.

  • 2. Delegates may request that any statements that they make be recorded in the report verbatim, provided that the text is submitted to the General Secretariat, in the official language of the Union, within twenty-four hours from the conclusion of the meeting in question.

  • 3. The General Secretariat shall prepare reports of the meetings based on recordings of the debates of the Congress, and shall distribute them to the delegations of the member countries or territories that participated in the Congress for their approval. The General Secretariat shall take into consideration all comments submitted to it within forty days from the date of the distribution of the reports to these member countries or territories.

  • 4. If, in the course of the Congress, a delegation wishes to refer to a particular speech, it shall request from the General Secretariat the reports containing that speech, based on the recordings of the debates.

Article 113 Organization and Operation of Extraordinary Congresses

  • 1. Extraordinary Congresses of member countries and territories shall be held to deal with important matters urgently requiring action before the next regular Congress.

  • 2. Member countries or territories calling an Extraordinary Congress shall, at the same time, indicate which of them is willing to serve as its host, to enable the General Secretariat to seek approval from the other member countries or territories.

  • 3. The government of the country or territory designated to host an Extraordinary Congress shall send the appropriate invitation to the government of each member country or territory at least six months prior to the date scheduled for the opening of the Extraordinary Congress, either directly or through the General Secretariat.

  • 4. The rules governing Congresses contained in these Regulations shall be applicable by analogy.

  • 5. Any member country or territory may formulate reservations to any Resolutions adopted by Extraordinary Congresses regarding postal operations.

Article 114 Consultative and Executive Council

  • 1. The Council shall be composed of all member countries or territories of the Union. The host country of the Congress shall serve as Chairman of the Council, which position shall be held by experts in the management of collegiate bodies with a thorough knowledge of Union rules.

  • 2. The first meeting of each Council shall be called during the course of the Congress by the Chairman to elect a First and Second Vice-Chairman. In the event that the country or territory designated as Chairman should waive its right to this position, it shall be filled by the First Vice-Chairman, in which case the Second Vice-Chairman shall become First Vice-Chairman and a new Second Vice-Chairman shall be elected from among the other Council members.

  • 3. This same first meeting of the Council shall elect its Management Committee, in accordance with Article 116, paragraph 2.

  • 4. Each member country or territory shall appoint its representative to the Council.

  • 5. The Council shall hold annual meetings at Union headquarters, called by its Chairman, through the General Secretariat. In exceptional cases, and without additional cost to the Union, the Council may hold its annual meeting in another city of any member country or territory. The Secretary General shall take part in debates at all Council meetings as a nonvoting member.

    The Council shall issue Rules of Procedure governing its operation. The rules set forth in the preceding articles pertaining to the functioning of the Congress shall also be applicable to the Council to the extent they are suitable, and the Chairman of the Congress or, if applicable, the Vice-Chairman, shall be responsible for their correct interpretation and application.

  • 6. When necessary, the Chairman shall call an extraordinary meeting at the request of any member, with the consent of two thirds of all Council members entitled to vote, to be held within two months.

  • 7. Council members shall perform their duties without compensation. Operating expenses shall be borne by the Union. With the exception of meetings held during the Congress, member countries or territories in the lowest contribution category unable to use their pro rata funds shall be entitled to reimbursement of the cost of one single round-trip economy-class airfare or of the cost of travel by any other means up to the equivalent of a round-trip economy-class airfare. This provision applies only in the case of single-person delegations.

  • 8. Observers. Participation by observers at meetings of the Council shall be governed, by analogy, by the provisions of Article 107 of these Regulations.

  • 9. The General Secretariat, in consultation with the Chairman of the Council and the Management Committee, shall analyze and issue these invitations on the agreed terms.

  • 10. Observers may speak when authorized by the Chairman, but they shall not be entitled to vote.

  • 11. The Council shall direct Union activities, with the following specific duties:

    • 11.1) To maintain contact with member countries or territories, Universal Postal Union bodies, Restricted Postal Unions and any other national or international organization, through the Chairman of the Council;

    • 11.2) To submit the draft strategic plan to the Congress, which shall consider it in the light of the previous report from the Management Committee and with the participation and advice of the General Secretariat;

    • 11.3) To monitor each year the implementation of the strategic plan, assess its results and approve any readjustment of priorities that may be appropriate;

    • 11.4) To take initiatives and implement activities in the interest of, or related to, the postal services of the member countries or territories of the Union;

    • 11.5) To examine and adopt the draft action plan drawn up by the General Secretariat, which entails the task of avoiding unnecessary expenditure;

    • 11.6) To regulate and oversee General Secretariat activities and approve its internal rules;

    • 11.7) To examine and, if appropriate, approve the Annual Report on the work of the Union prepared by the General Secretariat;

    • 11.8) To authorize the annual Union budget, subject to the ceilings set by the Congress;

    • 11.9) To examine and, if appropriate, approve the financial statements in regard to the previous year’s Budget;

    • 11.10) To establish the salary schedules of the General Secretariat staff, at the first Council meeting following an ordinary Congress;

    • 11.11) To approve and/or amend, if appropriate, the Personnel Statutes of the General Secretariat of the Union;

    • 11.12) To approve and amend the Technical Cooperation Manual, as an instrument for achieving the Union objectives laid down in the strategic plan that has been adopted;

    • 11.13) To examine and, if appropriate, approve the General Secretariat’s annual schedule of attendance at international postal meetings, as well as the number of officials scheduled to attend each meeting, with the exception of necessary emergency travel in the interests of the Union. This same procedure shall be followed for other necessary travel on behalf of the Union;

    • 11.14) To examine and, if appropriate, approve requests by the Secretary General for transfers between programs and between cost groups within a single program of the budget approved for the current year;

    • 11.15) To conduct studies or express opinions on any questions involving or related to postal services or that might affect member countries or territories of the Union;

    • 11.16) To promote and supervise the organization and conduct of training activities and the establishment of postal schools in member countries or territories and, at their request, arrange expert and consultant missions through the General Secretariat to assist in their organization, development and operation under technical cooperation programs;

    • 11.17) To designate the country or territory to host the next Congress under the circumstances described in Article 103, paragraphs 3 and 4 above, subject to a vote if there is more than one candidate;

    • 11.18) To make necessary arrangements to designate the country or territory to chair the Congress in the circumstances described in Article 103, paragraph 7;

    • 11.19) To present the Congress with proposed amendments to Union Acts and with draft Resolutions and Recommendations emerging from studies conducted acting on instructions or on its own initiative;

    • 11.20) To make decisions on requests for invitations to attend the Congress as observers, in accordance with Article 107 of these Regulations;

    • 11.21) To notify member countries and territories of the results of studies undertaken;

    • 11.22) To establish rules for documents to be published and distributed by the General Secretariat free of charge or at cost;

    • 11.23) To promote international cooperation to facilitate, by any means at its disposal, development cooperation in the countries or territories of the Union;

    • 11.24) To conduct appellate reviews of appealable rulings by the Supervisory Authority on complaints lodged by General Secretariat personnel against decisions by the General Secretariat;

    • 11.25) To hold elections to fill vacancies from among the proposed nominees for the Secretary General and/or Counsellor, under the circumstances described in Article 119, paragraph 7 below;

    • 11.26) To approve any projects to be paid from the Technical Cooperation Funds that are submitted to it by the General Secretariat in accordance with the provisions of the Technical Cooperation Regulations;

    • 11.27) In the event that the General Secretariat is in favour, to decide whether a member country or territory may use its pro rata funds more than three times;

    • 11.28) Any and all other functions necessary for the due and proper attainment of its purposes.

  • 12. Proposals and/or matters should be submitted by Council members to the General Secretariat at least six weeks prior to the opening of the session in which they are to be considered. Proposals and/or matters submitted outside of this period may be considered only if the Council so decides by a majority of the members present and voting.

    The submission and consideration of proposals and/or matters shall be governed by the provisions of Article 108, paragraphs 2 to 10 of these Regulations.

  • 13. The adoption of decisions by the Council shall require:

    • – verification of the necessary quorum, which shall be one half plus one of the member countries or territories present and entitled to vote;

    • – consensus, or if that is not possible, a simple majority.

  • 14. The adoption of decisions by long-distance consultation, subsequent to Council meetings, shall require:

    • – consultation with member countries and territories of the Union entitled to vote;

    • – verification of the quorum necessary to validate responses, which shall be one half plus one of the member countries or territories of the Union entitled to vote;

    • – a simple majority of responses based on this quorum.

  • 15. The Council shall present a comprehensive report on its activities during the interval between Congresses at least two months in advance of the next Congress.

Article 115 Council Instruments and Working Methods

  • 1. The Council shall conduct its work on the basis of the approved strategic plan and mandates set by the Congress. It may prioritize the Union’s objectives where necessary as a result of changes to postal operations.

  • 2. The Council shall determine the ways and means through which to conduct its own operations.

  • 3. The Council shall express its will through Decisions, in accordance with Article 20 of the Constitution and other rules adopted by the Council itself on this subject.

Article 116 Management Committee

  • 1. Duties

    The Management Committee shall report to the Council and assist it in monitoring, analyzing and evaluating the Union’s work, with the following specific duties:

    • a) To review the monitoring and indicators of the implementation of the strategic plan and the setting of priorities;

    • b) To review the General Secretariat’s action plan and its execution;

    • c) To review the management indicators proposed by the General Secretariat for evaluating its efficiency, including structure and costs, as well as its quantitative results;

    • d) To review the implementation and realisation of Technical Cooperation projects and the evaluation of them submitted by the Secretariat;

    • e) To review the monitoring of the implementation of the Budget;

    • f) To review the draft Budget, financial statements, balance sheet, income statement and Annual Report to be presented by the Secretariat;

    • g) To review any Technical Cooperation projects that should be submitted to it for consideration;

    • h) To review any other advisory functions or proposals referred to it by the Council;

    • i) To submit to the Council a summary report of its actions and decisions and on the scope of its work program. This report shall be made available to member countries or territories by the Secretariat at least 30 (thirty) days prior to the date of the Council meeting, except in cases where meetings of the Management Committee and the Council are held within less than 30 days of one another. The General Secretariat shall provide member countries or territories of the Union with the agenda of its meetings at least 15 days in advance, and shall provide them with summary Acts adopted at such within 15 days after the meetings are held;

    • j) To make any documents considered and drafted by the Committee available to any member countries or territories of the Union that so request.

  • 2. Composition

    • a) The Management Committee shall be composed of seven members: the Chairman of the Council, who shall chair the Management Committee, and six member countries or territories of the Union, to be elected by the Council at its first meeting. The two countries that receive the most votes among the six members elected to form the Management Committee shall serve as First and Second Vice-Chairman of the Council, respectively.

    • b) The elected members of the Management Committee shall continue to serve as members until the next regular Congress, unless the member country or territory represented on the Management Committee voluntarily resigns. In this event, the next member country or territory with the largest number of votes shall, if it is interested in doing so, replace the member leaving the Management Committee.

    • c) The General Secretariat shall have the right to speak, but not the right to vote at meetings.

  • 3. Operation

    • a) The Management Committee shall meet at least twice a year, and shall attempt to ensure that such meetings are held at equal intervals.

    • b) The presence of 5 (five) members or represented members shall constitute a quorum.

    • c) The members of the Management Committee may be represented by proxy at a meeting. No member may represent more than one member by proxy.

    • d) Decisions shall be taken by a simple majority.

    • e) Expenses incurred by members for their participation in Committee meetings shall under no circumstances be charged to the Union.

    • f) At its first meeting, the Management Committee may assign specific duties, from among its own duties, to certain members in order to ensure the efficient operation of the Committee.

Article 117 Working Groups

  • 1. The Congress or the Council shall form Working Groups for the ensuing period and shall determine their scope and duties.

  • 2. The Working Groups shall report to the Council and shall meet prior to its annual meeting or whenever necessary.

  • 3. The creation and operation of the Working Groups shall be governed by the rules adopted by the Council.

CHAPTER III GENERAL SECRETARIAT OF THE UNION

Article 118 Functions

In the service of the member countries or territories, the General Secretariat shall have the following general functions:

  • 1. in fulfilment of the Union’s strategic purposes:

    • a) managing the collection of information from various sources pertaining to Union postal services, regarding the operation and implementation of new services, technology, trends and markets, periodically distributing this information to its members, and keeping this information available on the Union's website;

    • b) conducting studies or surveys as instructed by the Congress or Council;

    • c) providing information requested from it by member countries or territories, the UPU International Bureau, Restricted Unions or international organizations dealing with matters of interest or related to postal services;

    • d) participating and collaborating in multilateral technical cooperation plans and representing the Union to the appropriate international organizations or member countries or territories as potential sources of assistance for the improvement of postal services in member countries or territories;

    • e) issuing an opinion on disputed issues at the request of the parties concerned;

    • f) keeping up-to-date records on the extent of compliance with Recommendations adopted by the Congress and notifying member countries or territories of changes in their status;

    • g) keeping the General Secretariat Library and Philatelic Section properly organized;

    • h) developing, implementing and supervising technical cooperation and assistance programs for the conduct of regional postal training activities, including on-site and distance training programs and courses, in accordance with the guidelines established by the Congress;

    • i) authorizing the launching of projects classified as urgent under the provisions of the Technical Cooperation Regulations;

    • j) coordinating with the parties concerned the projects included in the action plan;

    • k) disseminating the results and updating the reports on the implementation of the Technical Cooperation projects presented by member countries or territories;

    • l) providing long-distance consulting services to member countries and territories on matters related to the organization and execution of postal services in general and their monitoring.

  • 2. With regard to the administration and operation of the Union:

    • a) managing procedures for the accession and admission to and withdrawal from the Union by countries or territories concerned;

    • b) serving as Secretariat to the Council, its Management Committee and Working Groups, and preparing reports in collaboration with the chairmen of such bodies, providing members with the documents to be evaluated at least 30 days prior to the dates on which their meetings will be held;

    • c) without prejudice to the provisions of Article 124, paragraph (a) of these Regulations, requesting an independent audit of the Union's economic and financial position at the end of the fiscal year;

    • d) drafting each year the proposed budget for the following year, including the budget of the Availability Fund, statements of Union expenditures and the Annual Report on work performed, all subject to consideration by the Management Committee and approval by the Council;

    • e) submitting to the Council a detailed account statement of the Technical Cooperation Funds and the implementation of the Union’s budget;

    • f) administering the Third-Party Fund accounts, upon request by Union member countries or territories;

    • g) issuing an opinion on the interpretation of the rules set forth in the Constitution, General Regulations, and subsequent Resolutions and Recommendations, at the request of any member country or territory. Such interpretations shall be brought to the attention of the other member countries or territories and shall be subject to approval at the next Council meeting;

    • h) maintaining an up-to-date compilation of the Resolutions, Recommendations and Decisions of the Congress and Council that are still in force and posting them on the Union’s website;

    • i) administering the Union’s website and keeping it current;

    • j) establishing a system of communication with member countries or territories that will ensure dissemination of information on the General Secretariat’s activities.

  • 3. Within the framework of Congresses, the Council and other Union meetings:

    • a) assisting in the organization and conduct of Congresses, Council meetings and other meetings called by the Union;

    • b) sending pertinent inquiries to all member countries or territories to select a new host, in the circumstances described in Article 103, paragraph 3 and Article 113, paragraph 2 above, informing the Council of the results of its efforts and requesting its approval of one of the offers, and subsequently advising all member governments of the name of the country designated by the Council to host the Congress;

    • c) duly distributing proposals submitted by member countries or territories for consideration at Congresses, Council meetings and other Union meetings;

    • d) preparing the agenda for Council meetings and the report on its studies and proposals for submission to the Congress;

    • e) publishing and distributing the documents of Congresses, Council meetings and other Union meetings;

    • f) reporting to member countries or territories on the procedures for ratifying and acceding to Union Acts.

  • 4. With regard to Universal Postal Union Congresses:

    • a) making arrangements with the Congress host for the provision of the facilities required for performing the duties of the General Secretariat;

    • b) assisting member countries or territories in matters pertaining to the conduct of the Universal Postal Congress;

    • c) taking action to establish alliances with other Restricted Unions, so as to exchange support and/or develop strategies that will promote the interests and objectives established by the majority of member countries or territories, within the framework of the permanent bodies and the Universal Postal Congress.

Article 119 Secretary General and Counsellor of the Union

  • 1. The General Secretariat of the Union shall be directed and managed by a Secretary General, assisted by a Counsellor. Both officials shall be elected by the Congress by secret ballot from among the candidates nominated. The Secretary General and Counsellor shall be elected for a single term and may be reelected for an additional term. For purposes of this paragraph, “term” means the interval between two consecutive Regular Congresses.

  • 2. Candidates for the post of Secretary General or Counsellor must satisfy the following requirements:

    • a) They must have extensive experience in the organization and operation of postal services, acquired in a member country or territory, and must be citizens of the country or territory presenting their candidacy; or

    • b) They must hold the position of Secretary General or Counsellor of the Union.

  • 3. The following formalities shall be observed in electing the Secretary General and Counsellor:

    • a) Candidates for these positions must be nominated by the governments of member countries or territories. Both positions may not be held simultaneously by citizens of the same member country or territory.

    • b) The member countries and territories shall formally present their candidates, both to the Government of the country in which the Union has its headquarters and to the General Secretariat, at least three months prior to the scheduled date of the Congress, accompanied by their curricula vitae. The General Secretariat will immediately inform the other member countries and territories of this candidacy or these candidacies.

    • c) Any Secretary General or Counsellor wishing to run for reelection shall present his or her candidacy to the government of the country in which the Union has its headquarters by this same deadline, accompanied by his or her curriculum vitae.

    • d) The election shall be by secret ballot, by a simple majority of members present and entitled to vote.

  • 4. In the event of a vacancy in the position of Secretary General, this post shall be temporarily filled by the Counsellor, who shall retain his own responsibilities.

  • 5. In the event of a vacancy in the position of Counsellor, the Secretary General shall assume the duties of this official.

  • 6. In the event of vacancies in both positions, the Supervisory Authority shall temporarily assume responsibility for the management and direction of the General Secretariat.

  • 7. In the event of any of the circumstances described in paragraphs 4 through 6 above, the General Secretariat shall promptly invite member countries and territories of the Union to nominate candidates to the General Secretariat. As an exception to the rule in paragraph 1 above, the Council shall hold the election for the position or positions involved from among the candidates nominated, at the first meeting held by the Council after the date on which the vacancy occurs. The term of office of the official elected in this manner shall run for the duration of the interval until the next Congress, which shall not be taken into account for the purposes of reelection under paragraph 1 above.

  • 8. The procedure established in the preceding paragraph shall not apply to vacancies occurring after the last regular meeting of the Council in the interval between two consecutive Congresses.

  • 9. The Secretary General shall have the following functions in addition to those expressly assigned by the Constitution and these General Regulations:

    • a) appointing and dismissing General Secretariat personnel in accordance with the regulations approved by the Council;

    • b) attending meetings of the Congress, the Council, its Management Committee and its Working Groups, with a right to take parts in debates, but without the right to vote;

    • c) attending Universal Postal Union Congresses and meetings of its Councils as an observer and informing member countries or territories on issues discussed at these meetings of importance to the Union;

    • d) participating in the organization of coordination meetings for the member countries or territories of the Union that attend Universal Postal Union Congress or Council meetings;

    • e) negotiating loans, signing debt instruments and furnishing guarantees for up to two twelfths of the annual budget, all of which shall be cosigned by the Secretary General and Counsellor;

    • f) opening bank accounts;

    • g) transfering items between headings and subheadings within the same group in the same program in accordance with operating requirements; consulting and securing approval from the Chairman of the Council to make major budget transfers under Article 114, paragraph 11.14 of these General Regulations as required to cover major emergency expenditures, and subsequently submitting these transfers for confirmation by a plenary session of the Council as provided in the aforesaid Article, together with any other expenditure entailing major changes in budget programs or in cost groups within the same program.

  • 10. The Counsellor, who shall assist and replace the Secretary General in his absence and assume his duties, shall have the following basic functions:

    • a) overseeing administrative tasks;

    • b) formulating Union budget proposals;

    • c) preparing annual accounts;

    • d) collaborating with the Secretary General in studies and technical cooperation activities.

  • 11. Carry out the functions indicated in the Regulations of the General Secretariat.

Article 120 General Secretariat Staff

  • 1. General Secretariat staff members shall be classified in one of the following two categories:

    • a) professional services personnel;

    • b) general services personnel.

  • 2. The Congress or Council shall pass a Resolution establishing both professional and general services personnel on a motion by the Secretary General.

Article 121 General Secretariat Staff Retirement and Pensions

  • 1. Effective as of April 1, 1992 and thereafter, present and future PUASP General Secretariat personnel, elected or hired, resident or non-resident, shall not have the right to retire at Union expense. However, upon their separation from service, they or their successors or assigns shall be entitled to severance pay in an amount equal to the sum of all contributions made by the employee and the Union, plus compound interest at the real market rate earned by such funds locally.

  • 2. The retirement benefits of General Secretariat staff recognized through March 31, 1992 and all corresponding present and future pension benefits payable under this heading shall continue to be paid until such time as they may lapse under a special annual budget program of the Union. In the event of inadequate program funding, these pensions shall be paid from the Working Capital Fund.

Article 122 Collaboration with the Union General Secretariat

Member countries or territories may assign experts to the General Secretariat at its request to assist with special tasks for the strictly necessary period of time under clearly warranted circumstances.

CHAPTER IV SUPERVISORY AUTHORITY

Article 123 Duties of the Government of the Headquarters Country

To facilitate the operations of the General Secretariat and other Union bodies, the government of the Eastern Republic of Uruguay shall:

  • a) grant the privileges and immunities established in Article 10 of the Union Constitution;

  • b) advance the funds necessary for General Secretariat operations;

  • c) take any and all other necessary measures to enable the General Secretariat to discharge its responsibilities.

Article 124 Functions of the Supervisory Authority

As Supervisory Authority for the General Secretariat, the Eastern Republic of Uruguay shall be responsible for:

  • a) conducting post-audits of all General Secretariat contracts, spending, transactions, payments, accounting entries, etc., and reporting the results to the Council;

  • b) deciding at first instance on complaints by General Secretariat staff against decisions by the General Secretariat;

  • c) making appropriate comments to the Council as necessary to fulfil its task as Supervisory Authority.

CHAPTER V AMENDMENT OF UNION ACTS, RESOLUTIONS AND RECOMMENDATIONS

Article 125 Proposals for the Amendment of Union Acts, Resolutions and Recommendations by the Congress. Procedure

  • 1. Proposals must be sent to the General Secretariat four months prior to the opening of the Congress.

  • 2. The General Secretariat shall publish and distribute proposals to the member countries or territories at least three months prior to the date scheduled for the opening of the Congress.

  • 3. Proposals presented after the deadline indicated in paragraph 1 above shall be considered if they are submitted at least three weeks prior to the opening of the Congress and are supported by at least two member countries or territories, with the exception of proposals containing amendments as referred to in Article 108 of these Regulations and of drafting proposals. These latter proposals must display a capital letter “R” as part of their heading, and shall be referred directly to the Drafting Committee.

Article 126 Conditions for the Approval of Proposals Pertaining to the General Regulations, Technical Cooperation Regulations, Resolutions and Recommendations

  • 1. The adoption of proposals submitted to the Congress in regard to the General Regulations, Technical Cooperation Regulations, Resolutions and Recommendations is subject to their approval by a simple majority of member countries or territories present or represented and entitled to vote. At least two thirds of Union member countries or territories must be present or represented during the voting process.

  • 2. The preceding rule shall not apply to proposals to amend provisions of the General Regulations pertaining to the operation of the Congress (Articles 103 to 113 inclusive), which shall require a two thirds majority vote by member countries and territories present or represented at the Congress and entitled to vote. These proposals shall enter into force immediately upon their approval.

CHAPTER VI UNION FINANCES

Article 127 Union Budget

  • 1. Each Congress shall pass a Resolution setting the budget ceiling for each year of the ensuing four-year period based on the strategic directions adopted by the Congress, expressed in United States dollars. Approved budgets shall remain in effect from January 1 through December 31 of each year.

  • 2. The General Budget of the Union may not be increased during the interval between Congresses.

  • 3. The General Secretariat shall present the Management Committee and Council with an itemized budget for the following year, along with a statement of expenditures for the previous year together with the corresponding supporting documentation for examination and approval if appropriate.

Article 128 Working Capital Fund

  • 1. The purpose of the Working Capital Fund is to cover unbudgeted expenses, so that the General Secretariat can satisfy unforeseen obligations.

  • 2. The Working Capital Fund may with the approval of the Congress be used to cover budgeted expenses, whose amount should be set by a resolution of the Congress.

  • 3. The General Secretariat shall notify the Management Committee and request approval by the Council for any expenses charged to the Working Capital Fund, except for previously-approved expenses. In the event of urgency and need, the Secretary General may, with the consent of the Chairman of the Council, draw on this fund, subsequently rendering an accounting of the expenditures to the Council.

  • 4. In principle, this fund shall not be increased, but its development shall be monitored so that the Union can satisfy its obligations.

Article 129 Contributions by Member Countries or Territories

  • 1. Member countries or territories shall contribute to the defrayal of Union expenses according to their respective contribution category. The following contribution categories are hereby established:

    • – eight-unit category;

    • – seven-unit category;

    • – six-unit category;

    • – five-unit category;

    • – four-unit category;

    • – three-unit category;

    • – two-unit category; and

    • – single-unit category.

  • 2. In addition to the contribution categories listed in paragraph 1, any member country or territory may choose to contribute a number of units greater than the number corresponding to the contribution category to which it belongs, for at least the period equivalent to the interval between two Congresses. At the end of that interval the member country or territory in question shall be reincorporated into its initial contribution category, unless it decides to continue paying a higher number of contribution units.

  • 3. Member countries or territories shall be classified in the following contribution categories:

    • a) eight-unit: Canada and Spain;

    • b) seven-unit: United States of America;

    • c) six-unit: Brazil and Portugal;

    • d) five-unit;

    • e) four-unit: Chile and Colombia;

    • f) three-unit: Argentina, Mexico and Uruguay;

    • g) two-unit: Panama and the Bolivarian Republic of Venezuela;

    • h) single-unit: Aruba, Bolivia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Netherlands Antilles, Nicaragua, Paraguay, Peru, Republic of Honduras and Republic of Suriname.

  • 4. The contribution categories of new countries joining the Union shall be determined in accordance with the size of their postal administration. The lowest possible initial contribution category shall be the two-unit category.

  • 5. Member countries or territories may change their contribution category subject to notification of the General Secretariat two months before the opening of the Congress. This notice shall be transmitted to the member countries and territories and to the Congress, with the new contribution category taking effect on the effective date of the financial provisions approved by the Congress.

  • 6. Member countries or territories may lower their contribution category by only one category at a time. Member countries or territories failing to announce their desire to lower their contribution category two months before the opening of the Congress shall remain in their current category. The General Secretariat will communicate such requests for lower contributions to the member countries and territories.

  • 7. However, in exceptional circumstances such as natural disasters that require the implementation of international aid programs, the Congress may approve a temporary reduction of a contribution category if a member country or territory so requests and shows that it cannot maintain its level of contribution in the category in which it is classified.

  • 8. The Council shall be authorized between Congresses to rule on the reduction of category referred to in the preceding point for member countries or territories that do not belong to the category of more advanced countries or territories. The decision thus adopted shall remain in force for a maximum of two years or until the next Congress if it meets before the end of this period, at which time it may decide to limit or extend the period of reduction.

  • 9. Member countries or territories under intervention by the United Nations shall be exempt from contributions for the period of time that they are in this special situation.

  • 10. There are no restrictions on transfers to higher contribution categories.

Article 130 Audits and Advances

The Government of the country in which the Union has its headquarters shall audit General Secretariat expenses and make necessary advances.

Article 131 Preparation of Accounts

The General Secretariat shall annually prepare a statement of accounts for the Union Budget, a balance sheet and a statement of performance at fiscal year end, which shall be audited by the Supervisory Authority and by external auditors. In addition, the Congress, the Council and the Management Committee may request the General Secretariat to render an accounting with respect to matters other than the budget or ask it to provide preliminary reports.

Article 132 External Audit

  • 1. Upon the conclusion of the fiscal year, an external audit shall be conducted of the Union's financial statements, in accordance with generally accepted accounting/auditing principles.

  • 2. The report by the external auditors shall be provided to the Management Committee and subsequently referred to the Council for consideration.

  • 3. The external auditors shall have the authority to make comments regarding the efficiency of financial procedures, with respect to the accounting system, internal financial controls and management and administration in general.

  • 4. The external auditors shall be independent and solely responsible for performing the audit work.

  • 5. The Management Committee and Council may request the external auditors to conduct certain specific reviews and to submit separate reports on the results.

Article 133 Payment of Contributions

  • 1. Member countries or territories shall be promptly notified of the budget approved by the Council for purposes of the payment of their respective contributions under this budget. The invoice for these contributions shall be sent before December 31 of the year prior to the year of the budget, accompanied by a copy of the approved budget. Payment shall be made before June 30 of the year to which the budget applies.

  • 2. Any and all payments in arrears after the date indicated in paragraph 1 above shall accrue interest at the rate of 3% per annum, starting from June 30.

Article 134 Automatic Penalties

  • 1. Any member countries or territories that are in debt to the Union for:

    • a) non-payment for two fiscal years, or

    • b) failure to meet the dates of an agreed payment plan,

    and also fail to take one of the following actions:

    • a) pay off the debt by paying it in full or by irrevocably assigning to the Union all or part of its claims against other member countries or territories, or

    • b) accept a debt recovery plan proposed by the General Secretariat,

    shall be subject to the application of the automatic penalty system.

  • 2. Under the preceding paragraph, this member country or territory shall automatically lose:

    • a) its right to vote in the Congress, the Council or the Management Committee. However, it may participate in the debates;

    • b) the ability to nominate candidates for elected positions in the General Secretariat;

    • c) the possibility of using the Pro Rata Fund and the Availability Fund;

    • d) its right to accumulate any balance in the Pro Rata Fund during the years in question;

    • e) its right to the reimbursement of fares and travel expenses for attending the UPU Council or Congresses.

  • 3. During the opening sessions of the Congress and Council, the General Secretariat shall report whether the automatic penalty system is being applied to any member of the Union.

  • 4. The automatic penalties shall be lifted automatically, effective immediately, as soon as the member country or territory pays all of its mandatory contributions owed to the Union or signs a debt recovery plan and pays the first instalment.

CHAPTER VII LANGUAGES ACCEPTED IN THE UNION

Article 135 Languages

  • 1. Union documents shall be furnished to the member countries and territories and their designated postal enterprises in Spanish. However, official correspondence from non-Spanish speaking member countries and territories and their designated postal enterprises may be drafted in their native language. From time to time, the Council may authorize French, English and Portuguese translations of publications of special interest for the operation of postal services.

  • 2. Debates at Congresses and Council meetings may be conducted in French, English and Portuguese, in addition to Spanish, with the choice of translation system left to the meeting organizers and the General Secretariat.

  • 3. The cost of interpretation services shall be borne by the countries or territories requesting such services, with the exception of those in the lowest contribution category.

  • 4. The cost of the Spanish Translation Service (“STEs”) shall be distributed among the countries or territories that are part of the Spanish Language Group, according to their contribution category in the Union.

CHAPTER VIII FINAL PROVISIONS

Article 136 Effective Date and Duration of the General Regulations

These General Regulations shall enter into force on January 1, 2010, and shall remain in force until the effective date of the Acts of the next Congress.

IN WITNESS WHEREOF, the plenipotentiary representatives of the governments of Union member countries and territories have signed these General Regulations in the city of Santiago, Chile, on this twenty-first day of August of two thousand nine.

D. PARLEMENT

Zie de rubrieken D van Trb. 1995, 185, Trb. 2007, 195, Trb. 2009, 40 en 127 en Trb. 2010, 127 en de rubrieken J van Trb. 1995, 185, Trb. 1997, 287 en Trb. 2002, 228.

E. PARTIJGEGEVENS1)

Zie rubriek F van Trb. 1992, 119 en Trb. 1995, 185.

Partij

Onder tekening

Ratificatie

Type*

In werking

Opzegging

Buiten werking

Argentinië

26-11-71

    

01-07-72

    

Bolivia

26-11-71

    

01-07-72

    

Brazilië

26-11-71

    

01-07-72

    

Canada

26-11-71

    

01-07-72

    

Chili

26-11-71

    

01-07-72

    

Colombia

26-11-71

    

01-07-72

    

Costa Rica

  

26-11-71

O

01-07-72

    

Cuba

26-11-71

    

01-07-72

    

Dominicaanse Republiek, de

26-11-71

    

01-07-72

    

Ecuador

26-11-71

    

01-07-72

    

El Salvador

26-11-71

    

01-07-72

    

Guatemala

26-11-71

    

01-07-72

    

Haïti

  

26-11-71

O

01-07-72

    

Honduras

  

26-11-71

O

01-07-72

    

Mexico

26-11-71

    

01-07-72

    

Nederlanden, het Koninkrijk der

           

– Nederland:

            

 – in Europa

  

-

  

-

    

 – Bonaire

  

-

  

10-10-10

    

 – Sint Eustatius

  

-

  

10-10-10

    

 – Saba

  

-

  

10-10-10

    

– Aruba

  

18-01-93

T

18-01-93

    

– Curaçao

  

-

  

10-10-10

    

– Sint Maarten

  

-

  

10-10-10

    

Nicaragua

  

26-11-71

O

01-07-72

    

Panama

  

26-11-71

O

01-07-72

    

Paraguay

26-11-71

    

01-07-72

    

Peru

26-11-71

    

01-07-72

    

Portugal

  

01-01-90

T

01-01-90

    

Spanje

26-11-71

    

01-07-72

    

Suriname

  

01-01-78

T

01-01-78

    

Uruguay

26-11-71

    

01-07-72

    

Venezuela

  

26-11-71

O

01-07-72

    

Verenigde Staten van Amerika, de

26-11-71

    

01-07-72

    

 * O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R= Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebonden heid, NB=Niet bekend

G. INWERKINGTREDING

Zie Trb. 1992, 119, Trb. 1995, 185, Trb. 2007, 195, Trb. 2009, 40 en 127 en Trb. 2010, 127 en de rubrieken J van Trb. 1994, 48, Trb. 1997, 287, Trb. 2002, 228 en Trb. 2010, 127.

Wat betreft het Koninkrijk der Nederlanden geldt de Constitutie, met Algemeen Reglement en Technisch Samenwerkingsreglement, dat vanaf 18 januari 1993 voor de Nederlandse Antillen en Aruba gold, vanaf 10 oktober 2010 voor het Caribische deel van Nederland, Aruba, Curaçao en Sint Maarten.

J. VERWIJZINGEN

Zie voor verwijzingen en overige verdragsgegevens Trb. 1992, 119, Trb. 1994, 48, Trb. 1995, 185, Trb. 1997, 287, Trb. 2002, 228, Trb. 2007, 195 en Trb. 2009, 40.

Titel

:

Zesde Aanvullend Protocol bij de Constitutie van de Wereldpostunie;

Beijing, 15 september 1999

Laatste Trb.

:

Trb. 2010, 124

     

Titel

:

Zevende Aanvullend Protocol bij de Constitutie van de Wereldpostunie;

Boekarest, 5 oktober 2004

Laatste Trb.

:

Trb. 2010, 125

Uitgegeven de vierentwintigste december 2010.

De Minister van Buitenlandse Zaken,

U. ROSENTHAL

XNoot
1)

Er zijn niet voldoende gegevens beschikbaar gesteld door de depositaris. Dit zijn de gegevens voor zover bekend bij de Afdeling Verdragen van het Ministerie van Buitenlandse Zaken.

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