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16.38. Regulation No. 38. Uniform provisions concerning the approval of rear fog lamps for power-driven vehicles and their trailers

1 August 1978

 

Entry into force: 1 August 1978, in accordance with article 1 (5).
Registration: 1 August 1978, No. 4789.
Status: ,Parties: 36.
Text: United Nations, Treaty Series, vol. 1098, p. 295 and doc. E/ECE/324-E/ECE/TRANS/505/Rev.1/Add.37; vol. 1523, p. 355 and doc. TRANS/SC1/WP.29/209 (supplement 1 to the original); vol. 1607, p. 381 and doc. TRANS/SC1/WP29/279 (supplement 2 to the original); vol. 1689, p. 354 and doc. TRANS/SC1/WP29/294 (supplement 3); depositary notification C.N.115.1992.TREATIES-11 of 1 July 1992 (procès-verbal concerning modifications); vol. 1911, p. 342 and doc. TRANS/WP.29.451 (supplement 4 to the original); vol. 1989, p. 529 and doc. TRANS/WP.29/524 (supplement 5 to the original); C.N.439.2000.TREATIES-1 of 28 June 2000 and doc. TRANS/WP.29/720 (supplement 6 to the original); C.N.155.2002.TREATIES-1 of 20 February 2002 and doc. TRANS/WP.29/823 (supplement 7 to the original) and 912.2002.TREATIES-2 of 29 August 2002 (adoption); C.N.18.2003.TREATIES-1 of 16 January 2003 and doc. TRANS/WP.29/894 (supplement 8 to the original) and C.N.672.2003.TREATIES-2 of 17 July 2003 (adoption); C.N.868.2003.TREATIES-1 of 26 August 2003 and doc. TRANS/WP.29/936 (supplement 9 to the original) and C.N.249.2004.TREATIES-1 of 12 March 2004 (adoption); C.N.169.2004.TREATIES-1 of 4 March 2004 and doc.TRANS/WP.29/969 (procès-verbal concerning certain modifications); C.N.333.2005.TREATIES-1 of 9 May 2005 and doc. TRANS/WP.29/2005/11 (supplement 10 to the original) and C.N.1132.2005.TREATIES-2 of 10 November 2005 (adoption); C.N.1334.2005.TREATIES-1 of 4  January 2006 and doc. TRANS/WP.29/2005/67 (supplement 11 to the original) and C.N.526.2006.TREATIES-1 of 10 July 2006 (adoption); C.N.1174.2006.TREATIES-1 of 11 December 2006 and (supplement 12 to the original) doc. ECE/TRANS/WP.29/2006/83 + Corr. 1 (F only) + Amend. 1 and C.N.692.2007.TREATIES-1 of 6 July 2007 (adoption).1 
 

 

PARTICIPANTS


Contracting Parties applying Regulation No. 382

Participant  Application of regulation, Succession (d) 
Austria  22 Jul 1980 
Belarus  3 May 1995 
Belgium  30 Apr 1979 
Bosnia and Herzegovina3  28 Sep 1998 
Croatia3  17 Mar 1994 
Czech Republic4  2 Jun 1993 
Denmark  1 Aug 1978 
Estonia  26 May 1999 
European Community5  23 Jan 1998 
Finland  11 Jun 1982 
France6  1 Aug 1978 
Germany7  1 Nov 1978 
Greece  4 Oct 1995 
Hungary  24 Sep 1979 
Italy  16 Nov 1978 
Japan  31 Jan 2000 
Latvia  19 Nov 1998 
Lithuania  28 Jan 2002 
Luxembourg  5 Aug 1987 
Montenegro8  23 Oct 2006 d 
Netherlands  1 Aug 1978 
Norway  23 Dec 1987 
Poland  4 Jan 1988 
Romania  6 Apr 1981 
Russian Federation  19 Dec 1986 
Serbia3  12 Mar 2001 
Slovakia4  28 May 1993 
Slovenia3  3 Nov 1992 
South Africa  18 Apr 2001 
Spain7  1 Aug 1978 
Sweden  3 Sep 1980 
Switzerland  4 Dec 1995 
The Former Yugoslav Republic of Macedonia3  1 Apr 1998 
Turkey  8 May 2000 
Ukraine  9 Aug 2002 
United Kingdom of Great Britain and Northern Ireland  2 Feb 1979 
 

 

NOTES


1. For additional references to the texts of the annexed regulations and their amendments, see doc. TRANS/WP.29/343 as up-dated annually.


2. For technical reasons and in order to align this chapter with all others in the publication, the date indicated is no longer the date of effect of the regulation for the Contracting Party, but the date of receipt of the notification of application by the Secretary-General.


3. It appears from the indications given by the former Yugoslavia that it had applied the Regulation No. 38 de facto as from 21 May 1983 and the Secretary-General's understanding was that none of the other Contracting Parties concerned objected thereto. See also note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.


4. Czechoslovakia applied Regulation No. 38 as from 20 July 1981. See also note 1 under "Czech Republic" and note 1 under "Slovakia" in the "Historical Information" section in the front matter of this volume.


5. In a letter dated 29 July 1998, the European Community informed the Secretary-General of the following:

"The accession of the EC has the effect that the [...] regulations adhered to are not (in cases where a Member State already applied a regulation: no longer) applied by Member States by virtue of their status as Contracting Parties to the Agreement but exclusively in their capacity as Member States of the Contracting Party European Community. Thus, the 14 Member States already Contracting Parties themselves, now apply all [these] regulations by virtue of the EC's accession."

... By the EC accession, Ireland has not become a Contracting Party. Only the EC has become a Contracting Party. Ireland being a Member State of this Contracting Party applies the [...] regulations [adhered to by the EC] by virtue of the EC's accession.

It will be recalled that, as at 29 July 1999, States Members of the EC are: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and the United Kingdom.


6. Contracting State having proposed the Regulation and date of entry into force of the Regulation for that State in accordance with article 1 (3).


7. The German Democratic Republic applied Regulation No. 38 as from 18 May 1980.

With regard to the above, the Government of the Federal Republic of Germany in a communication received on 14 January 1991, informed the Secretary-General of the following:

- [Regulation No. 38 which had] been applied by both the Federal Republic of Germany and the German Democratic Republic shall continue to apply...

The notification further states that it ". . . does not constitute a general statement of position by the Federal Republic of Germany on the question of state succession in relation to treaties."

See also note 2 under "Germany" in the "Historical Information" section in the front matter of this volume.


8. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.