Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-1417 of 3 October 2007 authorizing the approval of the seventh additional protocol to the Constitution of the Universal Postal Union;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 66-466 of 16 June 1966 publishing the constitution of the Universal Postal Union and the final protocol of 10 July 1964 as well as the supplementary agreements;
Vu le Decree No. 66-467 of 16 June 1966 publishing the General Regulations of the Universal Postal Union, the Universal Postal Convention and the arrangements of 10 July 1964;
Vu le Decree No. 71-770 of 3 September 1971 publishing the Additional Protocol to the Constitution of the Universal Postal Union, the General Regulation of the Universal Postal Union, the Universal Postal Convention and various arrangements, signed in Tokyo on 14 November 1969,
Decrete:
The seventh additional protocol to the Constitution of the Universal Postal Union, adopted in Bucharest on 5 October 2004, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
SEVENTH ADDITIONAL PROTOCOL
THE CONSTITUTION OF THE UNIVERSAL POSTAL MEETING
Contents
Articles:
I. (Amended preamble)
II. (Art. 1 bis added)
Definitions
III. (Art. 22 amended)
Union Act
IV. (Article 30 amended)
Amendment of the Constitution
V. (Art. 31 modified)
Amendments to the General Regulations, the Convention and the Arrangements
VI. Accession to the Additional Protocol and other Union Acts
VII. Implementation and duration of the Protocol to the Constitution of the Universal Postal Union
The Plenipotentiaries of the Governments of the Member States of the Universal Postal Union gathered in Congress in Bucharest, in the light of Article 30.2 of the Constitution of the Universal Postal Union concluded in Vienna on 10 July 1964, adopted, subject to ratification, the following amendments to the Constitution.
Article I
(Preamble modified)
In order to develop communications between peoples through the effective functioning of postal services and to contribute to the high aims of international collaboration in the cultural, social and economic fields, the Plenipotentiaries of the Governments of the contracting countries have adopted, subject to ratification, this Constitution.
The purpose of the Union is to stimulate the sustainable development of quality, effective and accessible universal postal services to facilitate communication between the inhabitants of the planet by:
- ensuring the free movement of postal shipments in a single postal territory consisting of interconnected networks;
encouraging the adoption of equitable common standards and the use of technology;
– ensuring cooperation and interaction between stakeholders;
- promoting effective technical cooperation;
― ensuring that customers meet evolving needs.
Article II
(Article 1 bis added)
Definitions
1. For the purposes of the Universal Postal Union Acts, the following terms are defined as follows:
1.1. Postal service: a set of posting services, the extent of which is determined by the EU bodies. The main obligations related to these benefits are to meet certain social and economic objectives of the Member Countries, ensuring the collection, sorting, transmission and distribution of postal shipments.
1.2. Member country: country that meets the requirements of Article 2 of the Constitution.
1.3. Single postal territory (one and the same postal territory): obligation for the contracting parties of the UPU Acts to ensure, according to the principle of reciprocity, the exchange of mail shipments to letters in accordance with the freedom of transit and indistinctly treat postal shipments from other territories and transiting through their country as their own postal shipments.
1.4. Freedom of transit: the principle that an intermediate postal administration is required to carry the postal shipments that are delivered to it in transit by another postal administration, with the same treatment as the one applied to the consignments of the internal regime.
1.5. Mail to letters: consignments described in the Convention.
1.6. International postal service: transactions or postal services regulated by the Acts. All of these transactions or benefits.
Article III
(Article 22 amended)
Union Acts
1. The Constitution is the fundamental act of the Union. It contains the organic rules of the Union and cannot be subject to reservations.
2. The General Rules include provisions for the application of the Constitution and the operation of the Union. It is mandatory for all Member Countries and cannot be subject to reservations.
3. The Universal Postal Convention, the Postal Post Regulations and the Postal Package Regulations contain the common rules applicable to international postal service as well as the provisions concerning the services of mail to letters and postal parcels. These Acts are mandatory for all Member Countries.
4. The Union Arrangements and their Regulations regulate services other than those of the mail to letters and postal parcels between the Member Countries that are parties to it. They are only mandatory for these countries.
5. The Regulations, which contain the necessary enforcement measures for the implementation of the Convention and the Arrangements, are decided by the Postal Operations Council, taking into account the decisions taken by the Congress.
6. The potential final protocols annexed to the Acts of the Union referred to in 3 to 5 contain reservations to these Acts.
Article IV
(Article 30, amended)
Amendment of the Constitution
1. To be adopted, proposals submitted to Congress and related to this Constitution must be approved by at least two thirds of the Member Countries of the Union entitled to vote.
2. The amendments adopted by a Congress are subject to an additional protocol and, unless the Congress decides otherwise, come into force together with the Acts renewed during the same Congress. They are ratified as soon as possible by the Member Countries and the instruments of ratification are treated in accordance with the rule required in Article 26.
Article V
(Article 31 amended)
Amendment of the General Regulation,
Convention and Arrangements
1. The General Regulations, the Convention and the Arrangements set out the conditions under which the approval of the proposals concerning them is contingent.
2. The Convention and the Arrangements are implemented simultaneously and have the same duration. As of the day fixed by the Congress for the implementation of these Acts, the corresponding Acts of the previous Congress are repealed.
Article VI
Accession to Additional Protocol
and other Acts of the Union
1. Countries that have not signed this Protocol may accede to it at any time.
2. The Member Countries that are parties to the Acts renewed by the Congress but have not signed them are required to accede to them as soon as possible.
3. The instruments of accession relating to the cases referred to in 1 and 2 must be addressed to the Director General of the International Bureau. The Committee shall notify the Governments of the Member Countries of this deposit.
Article VII
Implementation and duration of the Additional Protocol
to the Constitution of the Universal Postal Union
This Additional Protocol will be implemented on 1 January 2006 and will remain in force for an indefinite period.
In faith, the Plenipotentiaries of the Governments of the Member Countries have drawn up this Additional Protocol, which will have the same strength and value as if its provisions were inserted in the very text of the Constitution, and have signed it in a copy which is deposited with the Director General of the International Bureau. A copy will be given to each Party by the International Bureau of the Universal Postal Union.
Done in Bucharest, October 5, 2004.
Done in Paris, March 2, 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
