Federal law on the Application of Certain Federal Laws Transposing the European Union Acquis

Foundation Agreement
Annex III, Attachment 3, Law 2

Federal law on the Application of Certain Federal Laws
Transposing the European Union Acquis

Short Title
1. Federal law on the Application of Certain Federal Laws Transposing the European Union Acquis.

Interpretations
2. In this Law, unless the context otherwise requires -

“Suspension of the application of the acquis” shall mean, according to Protocol No. 10 on Cyprus of the Act of Accession, the entire non-application of the acquis of the European Union in the territory administered by the Turkish Cypriot constituent state.

“Decision to withdraw the suspension of the acquis” shall mean any decision of the Council of the European Union to withdraw, in part or in whole, the suspension of the application of the acquis in the territory administered by the Turkish Cypriot constituent state.

“Transitional arrangement” shall mean any arrangement contained in a decision to withdraw the suspension of the acquis, which will provide for the application of certain aspects of the acquis in the territory administered by the Turkish Cypriot constituent State only after a period of time, and in steps or in stages.

“Eligible laws and regulations” shall mean federal laws and regulations forming part of the Foundation Agreement, or provisions thereof, as listed in the Annex of this law.

“territory administered by the Turkish Cypriot constituent state” shall mean the territory of the Turkish Cypriot constituent state and those territories temporarily administered by the Turkish Cypriot State in accordance with Annex VI of the Foundation agreement.

Suspension of the application of federal laws in the Turkish Cypriot constituent state

3. (1) Provisions of eligible laws or regulations which transpose corresponding provisions of the acquis whose application is suspended shall not be applicable in the territory administered by the Turkish Cypriot constituent state as long as no decision to withdraw the suspension of the acquis has been taken, however not exceeding the relevant maximum period set out in the Annex.

(2) If an eligible law or regulation contains specific arrangements as to their applicability to the territory administered by the Turkish Cypriot constituent state, the relevant provisions to which the arrangement relate remain applicable throughout the United Cyprus Republic.

Transitional arrangements
4. (1) When the suspension of the acquis is withdrawn, the provisions of corresponding eligible laws and regulations shall thereafter apply throughout the United Cyprus Republic.

(2) If the decision to withdraw the suspension of the acquis contains a transitional arrangement, the provisions of corresponding eligible laws and regulations shall apply to the territory administered by the Turkish Cypriot constituent state in accordance with the transitional measures specified therein.

ANNEX
List of eligible federal laws and regulations

I. Public procurement

1. Federal Law on the Coordination of Procedures for the Award of Public Supply Contracts, Public Service Contracts and Public Works Contracts

2. Federal Law on the Coordinated Procurement Procedures for the Award of Contracts (Supply, Works, Services) of Entities Operating in the Water, Energy, Transport and Telecommunications Sectors

not exceeding two years after the entry into force of the Foundation Agreement.

II. Banking services

1. Federal Law on Banking

not exceeding two years after the entry into force of the Foundation Agreement.

III. Insurance services

1. Federal Law on Insurance Services

2. Federal Law on Third Party Insurance for Motor Vehicles

3. Federal Law on Compulsory Insurance for Employers' Liability

not exceeding two years after the entry into force of the Foundation Agreement.

IV. Securities services

1. Federal Law on Insider Dealing, Market Manipulation (Market Abuse) and Related Issues

2. Federal Law of Public Offer and Prospectus

3. Federal Law on Investment Advisory Firms (IAF)

4. Federal Law on Public offering for the acquisition or purchase of securities and mergers of listed companies


5. Federal Law on the Cyprus Securities and Exchange Commission

6. Settlement Finality in Payment Systems & Security Settlement Systems

7. Federal Law on Investment Firms

8. Federal Law on the Open-Ended Undertakings for Collective Investment in Transferable Securities (UCITS) and Related Issues

not exceeding two years after the entry into force of the Foundation Agreement.

V. Intellectual and industrial property

1. Federal Law on Copyright including Regulations

2. Federal Law on the Legal Protection of Topographies of Semiconductor Products.

3. Federal Law on Trade Marks

4. Federal Law on Patent

5. Federal Law on the Legal Protection of Designs

6. Federal Law on the Designation of Origin and Geographical Indications of Agricultural Products and Foodstuffs

7. Federal Law on the Control of the Movement of Goods which Infringe Intellectual Property Rights

not exceeding one year after the entry into force of the Foundation Agreement.

VI. Competition

1. Federal Law on Control of Concentration of Undertakings

2. Federal Law on the Protection of Competition

not exceeding three years after the entry into force of the Foundation Agreement.

VII. Agriculture

1. Federal law on the agricultural payments agency

not exceeding two years after the entry into force of the Foundation Agreement.

VIII. Data protection

1. Federal Law on Protection of Personal Data

Not exceeding two years after the entry into force of the Foundation Agreement.

VIIIX. Telecommunications

1. Federal Law on Radio Communications

2. Federal Law on the Regulations of Electronic Communication and Postal Services

Not exceeding one year after the entry into force of the Foundation Agreement.