CHAPTER XI
TRANSPORT AND COMMUNICATIONS
B
Road Traffic1638Regulation No. 38. Uniform provisions concerning the approval of rear fog lamps for power-driven vehicles and their trailersGeneva, 1 August 19781 August 1978, in accordance with article 1(5).1 August 1978, No. 4789Parties37United Nations, <i>Treaty Series </i>, 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); C.N.1215.2007.TREATIES-1 of 11 January 2008 and doc. ECE/TRANS/WP.29/2007/65 (Supplement 13 to the original) and C.N.489.2008.TREATIES-2 of 14 July 2008 (adoption); C.N.292.2008.TREATIES-1 of 15 April 2008 and doc. ECE/TRANS/WP.29/2008/18 (Supplement 14 to the original) and C.N.796.2008.TREATIES-3 of 28 October 2008 (adoption); C.N.267.2009.TREATIES-1 of 30 April 2009 and doc. ECE/TRANS/WP.29/2009/19 (modifications); C.N.302.2010.TREATIES-1 of 9 June 2010 and doc. ECE/TRANS/WP.29/2010/18 (supplement 15 to 00) (proposal of amendments) and C.N.720.2010.TREATIES-3 of 10 December 2010 (adoption); C.N.22.2013.TREATIES-XI.B.16.38 of 15 January 2013 (proposal of amendments).<superscript>1</superscript>
Contracting Parties applying Regulation No. 38<superscript>2</superscript>ParticipantApplication of regulation, Succession(d)Australia 1 Jun 2010 Austria22 Jul 1980 Belarus 3 May 1995 Belgium30 Apr 1979 Bosnia and Herzegovina<superscript>3</superscript>28 Sep 1998 dCroatia<superscript>3</superscript>17 Mar 1994 dCzech Republic<superscript>4</superscript> 2 Jun 1993 dDenmark 1 Aug 1978 Estonia26 May 1999 European Union<superscript>5</superscript>23 Jan 1998 Finland11 Jun 1982 France<superscript>6</superscript> 1 Aug 1978 Germany<superscript>7</superscript> 1 Nov 1978 Greece 4 Oct 1995 Hungary24 Sep 1979 Italy16 Nov 1978 Japan31 Jan 2000 Latvia19 Nov 1998 Lithuania28 Jan 2002 Luxembourg 5 Aug 1987 Montenegro<superscript>8</superscript>23 Oct 2006 dNetherlands 1 Aug 1978 Norway23 Dec 1987 Poland 4 Jan 1988 Romania 6 Apr 1981 Russian Federation19 Dec 1986 Serbia<superscript>3</superscript>12 Mar 2001 dSlovakia<superscript>4</superscript>28 May 1993 dSlovenia<superscript>3</superscript> 3 Nov 1992 dSouth Africa18 Apr 2001 Spain<superscript>7</superscript> 1 Aug 1978 Sweden 3 Sep 1980 Switzerland 4 Dec 1995 The former Yugoslav Republic of Macedonia<superscript>3</superscript> 1 Apr 1998 dTurkey 8 May 2000 Ukraine 9 Aug 2002 United Kingdom of Great Britain and Northern Ireland 2 Feb 1979
1For additional references to the texts of the annexed regulations and their amendments, see doc. TRANS/WP.29/343 as up-dated annually.2For 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.3It appears from the indications given by the former Yugoslavia that it had applied the Regulation No. 38 <i>de facto </i> 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.4Czechoslovakia 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.5In 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.6Contracting State having proposed the Regulation and date of entry into force of the Regulation for that State in accordance with article 1 (3).7The 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.8See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.