LegalizeConstitutie van de Postunie van de Staten van het Amerikaanse Werelddeel, Spanje en Portugal
Preamble
The undersigned plenipotentiary representatives of the governments of member countries or territories of the Postal Union of the Americas, Spain and Portugal, hereinafter referred to as the Union,
shouldering their responsibility for guaranteeing high-quality universal domestic and international postal service;
taking into account the need for member countries or territories to ensure high-quality affordable postal services through service operators designated as universal postal service providers;
recognizing the pressing need for these operators to conduct business in all segments of the postal market as dynamic, efficient enterprises;
aware of the fact that, in order to achieve these objectives, it is imperative to establish and strengthen regulatory, technical and commercial agreements and commitments at the government and corporate levels;
adopt this Constitution, subject to ratification.
CHAPTER I. GENERAL PROVISIONS
Article 1. 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 2. 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 3. Relations with the Universal Postal Union and Other International Organizations
The Union is independent of all other organizations and maintains relations with the Universal Postal Union and other Restricted Postal Unions under conditions of reciprocity. It may also maintain relations with other international organizations as necessitated by common interests.
It operates within the framework of Universal Postal Union directives, to which effect it maintains the status of a Restricted Union under Article 8 of the Universal Postal Union Constitution.
Article 4. Members of the Union
Union members consist of:
- a). countries or territories with membership status as of the effective date of this Constitution;
- b). countries or territories acquiring membership status under Article 10 below.
Article 5. Jurisdiction of the Union
The Union's jurisdiction encompasses:
- a). the territorial area of member countries or territories;
- b). other areas which, while not Union members per se, are dependent on member countries or territories from a postal standpoint.
Article 6. Union Headquarters
The headquarters of the Union and its permanent bodies are located in Montevideo, capital of the Eastern Republic of Uruguay.
Article 7. Official Language of the Union
The official language of the Union is Spanish.
Article 8. Legal Capacity
All member countries or territories shall grant the Union the legal capacity to properly discharge its functions and attain its purposes in accordance with their domestic legislation.
Article 9. Privileges and Immunities
The Union will enjoy all necessary privileges and immunities for the accomplishment of its mission within the territorial area of each member country or territory.
Likewise, representatives of member countries or territories and postal administrations forming part of delegations to meetings of Union bodies or on official Union business will enjoy all necessary privileges and immunities for the pursuit of their activities.
PUASP General Secretariat staff members on official business will also enjoy these same privileges.
CHAPTER II. ACCESSION OR ADMISSION TO AND WITHDRAWAL FROM THE UNION
Article 10. Privileges and Immunities
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.
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.
The staff of the General Secretariat of the Union shall also enjoy these prerogatives while they are engaged in official business.
Article 11. Withdrawal from the Union
Any country or territory may withdraw from the Union by renouncing its membership status.
CHAPTER III. ORGANIZATION OF THE UNION
Article 12. Union Bodies
The Union is composed of the following bodies:
- a). the Congress;
- b). the Conference;
- c). the Consultative and Executive Council and its Management Committee;
- d). the General Secretariat.
The Consultative and Executive Council and its Management Committee and the General Secretariat are permanent Union bodies.
Article 13. Union Bodies
The Union shall be composed of the following bodies:
- a). the Congress;
- b). the Consultative and Executive Council (the “Council”) and its Management Committee;
- c). the General Secretariat.
The permanent bodies of the Union are the Council and its Management Committee and the General Secretariat.
Article 14. Extraordinary Congresses
Extraordinary Congresses may be held at the request of a minimum of three member countries or territories, with the concurrence of two thirds of Union members with voting rights.
Article 15. Conference
The Conference of representatives of member countries or territories will meet as often as necessary on the occasion of Universal Postal Union Congresses to:
- a). examine proposals and matters of special interest to the Union or its member countries or territories;
- b). where applicable, determine the forms of joint action to be taken at the Congress in furtherance of the objectives of the Union per se and its member countries or territories.
Article 16. Consultative and Executive Council
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.
Members of the Council shall discharge their functions in the name and interests of the Union.
Article 17. General Secretariat
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.
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.
CHAPTER IV. UNION ACTS, RESOLUTIONS, RECOMMENDATIONS AND OTHER OFFICIAL REGULATIONS
Article 18. Union Acts
The Constitution shall be the Union’s fundamental Act, defining its mission and containing its organic rules.
The General Regulations shall contain provisions for implementing the Constitution and for governing Union operations and shall be binding on all member countries or territories.
The Constitution and General Regulations of the Union shall not be subject to reservations.
The Technical Cooperation Regulations contain binding rules governing the subject matter and scope of the Union.
Article 19. Resolutions and Recommendations of the Congress
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.
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.
Any Final Protocol that may be attached to Resolutions of the Congress referring to postal operations shall contain the reservations to such resolutions.
CHAPTER V. FINANCE
Article 20. Decisions by the Council
Decisions shall express the will of the Council on any matter within its jurisdiction about which it makes a formal statement.
Any Decision 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.
CHAPTER VI. ACCEPTANCE OF UNION ACTS AND RESOLUTIONS
Article 21. The Expenditures of the Union
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.
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.
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.
Article 22. Notices of Ratification and of Other Forms of Approval of Union Acts and Resolutions
Instruments ratifying the Constitution and, where applicable, approving other Union Acts and Resolutions are to be deposited with the PUASP General Secretariat as quickly as possible, which will notify the other member countries or territories as to their deposit.
Article 23. Accession to Union Acts and Resolutions
Any member countries or territories which have not signed the Union Acts and other binding provisions adopted by the Congress must accede to them as quickly as possible.
Under the circumstances referred to in paragraph 1 above, corresponding instruments of accession are to be addressed to the General Secretariat, which will notify member countries or territories as to the deposit of such instruments.
CHAPTER VII. AMENDMENT OF UNION ACTS, RESOLUTIONS AND RECOMMENDATIONS
Article 24. Submission of Proposals
Proposals amending Union Acts, Resolutions and Recommendations may be submitted:
- a). by the postal administration of any member country or territory;
- b). by the Consultative and Executive Council, as an outcome of studies or activities within its sphere of competence and with respect to matters affecting the organization and operation of the General Secretariat.
The proposals referred to in paragraph 1 above are to be submitted to the Congress.
Article 25. Submission of Proposals
Proposals amending Union Acts, Resolutions and Recommendations may be submitted:
- a). by a member country or territory;
- b). by the Council, as a result of studies or activities within its sphere of competence and with regard to the organization and operation of the General Secretariat.
The proposals referred to in the preceding paragraph must be submitted to the Congress.
Article 26. Amendment of the Constitution. Ratification
The adoption of proposals submitted to the Congress in regard to this Constitution is subject to their approval by a minimum of two thirds of Union member countries or territories entitled to vote.
Amendments adopted by a Congress shall be set forth in an Additional Protocol and enter into force simultaneously with the Acts amended in the course of that Congress, except as otherwise resolved by that same Congress.
Constitutional amendments shall be ratified by member countries or territories as quickly as possible, with corresponding ratification instruments governed by the provisions of Articles 22 and 23 above.
CHAPTER VIII. SUBSIDIARY LEGISLATION AND REGULATIONS
Article 27. Amendment of the General Regulations and of Resolutions and Recommendations
The General Regulations, Resolutions and Recommendations may be amended by the Congress in accordance with the provisions of the General Regulations.
This Additional Protocol shall enter into force on January 1, 2008, and shall remain in force indefinitely.
CHAPTER IX. SETTLEMENT OF DISPUTES
Article 28. Arbitration
Disputes arising between postal administrations of member countries or territories over the interpretation or enforcement of Union Acts and Resolutions will be settled by arbitration as prescribed by the General Regulations of the Universal Postal Union.
CHAPTER X. FINAL PROVISIONS
Article 29. Effective Date and Duration of the Constitution
The Constitution shall enter into force on July 1, 1972 and shall remain in effect indefinitely.
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
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.
De raadpleging van dit document komt niet in de plaats van het lezen van het oorspronkelijke Staatsblad of de Staatscourant. Wij aanvaarden geen aansprakelijkheid voor eventuele onnauwkeurigheden die voortvloeien uit de omzetting van het origineel naar dit formaat.