(ETS no. 76)
Basle, 16.V.1972
The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between
its members, in particular by the adoption of common rules in the field of law;
Convinced that the unification of rules relating to the calculation of time-limits, both
for domestic and international purposes, will contribute to the attainment of this aim,
Have agreed as follows:
Article 1
- This Convention shall apply to the calculation of time-limits in civil, commercial and
administrative matters, including procedure relating to such matters, where such
time-limits have been laid down:
- by law or by a judicial or an administrative authority;
- by an arbitral body, where such body has not determined the method of calculating the
time-limit; or
- by the parties, where the method of calculating the time-limit neither has been agreed
between the parties, whether expressly or by implication, nor is determined by applicable
usage or by practices established between the parties.
However, the Convention shall not apply to time-limits calculated retroactively.
- Notwithstanding the provisions of paragraph 1, any Contracting Party may, by
notification addressed to the Secretary General of the Council of Europe, when depositing
its instrument of ratification, acceptance or accession or at any time thereafter, declare
that it shall exclude the application of all or certain of the provisions of the
Convention to all or certain time-limits in administrative matters. Any Contracting Party
may, at any time, by means of notification addressed to the Secretary General of the
Council of Europe, withdraw, wholly or in part, the declaration made by it; the
notification shall take effect on the date of its receipt.
Article 2
For the purpose of this Convention the term dies a quo means the day from which
the time-limit runs and the term dies ad quem means the day on which the time-limit
expires.
Article 3
- Time-limits expressed in days, weeks, months or years shall run from the dies a quo
at midnight to the dies ad quem at midnight.
- However, the provisions of the foregoing paragraph do not preclude that an act which is
to be performed before the expiry of a time-limit may be performed on the dies ad quem
only before the expiry of the normal office or business hours.
Article 4
- Where a time-limit is expressed in weeks the dies ad quem shall be the day of the
last week whose name corresponds to that of the dies a quo.
- Where a time-limit is expressed in months or in years the dies ad quem shall be
the day of the last month or of the last year whose date corresponds to that of the
dies a quo or, when there is no corresponding date, the last day of the last month.
- Where a time-limit is expressed in months and days or fractions of months, whole months
shall be counted first, and afterwards the days or fractions of months; for the purpose of
calculating fractions of months, a month shall be deemed to consist of 30 days.
Article 5
Saturdays, Sundays and official holidays shall count when calculating a time-limit.
However, where the dies ad quem of a time-limit before the expiry of which an act
shall be performed is a Saturday, a Sunday, an official holiday or a day which shall be
considered as an official holiday, the time-limit shall be extended to include the first
working day thereafter.
Article 6
No reservation may be made to the provisions of this Convention.
Article 7
This Convention shall be without prejudice to the provisions of any treaties,
conventions or bilateral or multilateral agreements concluded or to be concluded or any
regulation made for their application, which govern particular aspects of the matters
covered by this Convention.
Final clauses
Article 8
- This Convention shall be open to signature by the member States of the Council of
Europe. It shall be subject to ratification or acceptance. Instruments of ratification or
acceptance shall be deposited with the Secretary General of the Council of Europe.
- This Convention shall enter into force three months after the date of the deposit of the
third instrument of ratification or acceptance.
- In respect of a signatory State ratifying or accepting subsequently, the Convention
shall come into force three months after the date of the deposit of its instrument of
ratification or acceptance.
Article 9
Each Contracting Party may take the measures it deems appropriate concerning the
application of this Convention to time-limits running at the time of entry into force of
the Convention in respect of that Party.
Article 10
- After the entry into force of this Convention, the Committee of Ministers of the Council
of Europe may invite any non-member State to accede thereto.
- Such accession shall be effected by depositing with the Secretary General of the Council
of Europe an instrument of accession which shall take effect three months after the date
of its deposit.
Article 11
Each Contracting Party shall, when depositing its instrument of ratification,
acceptance or accession, by a notification addressed to the Secretary General of the
Council of Europe, specify which days are or shall, for the purposes of Article 5 of this
Convention, be considered to be official holidays in its territory or in a part thereof.
Any changes in respect of the particulars of such notification shall thereafter be
notified to the Secretary General of the Council of Europe.
Article 12
- Any Contracting Party may, at the time of signature or when depositing its instrument of
ratification, acceptance or accession, specify the territory or territories to which this
Convention shall apply.
- Any Contracting Party may, when depositing its instrument of ratification, acceptance or
accession or at any later date, by declaration addressed to the Secretary General of the
Council of Europe, extend this Convention to any other territory or territories specified
in the declaration and for whose international relations it is responsible or on whose
behalf it is authorised to give undertakings.
- Any declaration made in pursuance of the preceding paragraph may, in respect of any
territory mentioned in such declaration, be withdrawn according to the procedure laid down
in Article 13 of this Convention.
Article 13
- This Convention shall remain in force indefinitely.
- Any Contracting Party may, in so far as it is concerned, denounce this Convention by
means of a notification addressed to the Secretary General of the Council of Europe.
- Such denunciation shall take effect six months after the date of receipt by the
Secretary General of such notification.
Article 14
The Secretary General of the Council of Europe shall notify the member States of the
Council and any State which has acceded to this Convention of:
- any signature;
- any deposit of an instrument of ratification, acceptance or accession;
- any date of entry into force of this Convention in accordance with Article 8 thereof;
- any notification received in pursuance of the provisions of paragraph 2 of Article 1;
- any notification received in pursuance of the provisions of Article 11;
- any declaration received in pursuance of the provisions of paragraphs 2 and 3 of Article
12;
- any notification received in pursuance of the provisions of Article 13 and the date on
which denunciation takes effect.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done at Basle, this 16th day of May 1972, in English and French, both texts being equally
authoritative, in a single copy which shall remain deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall transmit certified
copies to each of the signatory and acceding States.
Совет Европы. Бюро договоров на
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