Eea Agreement Annex 9

Agreements resulting from the negotiations under paragraph 1 are subject to ratification or approval by the parties in accordance with their own procedures. The officials of one contracting party may, with the agreement of the other party, be present in the territory of the contracting party for reasons of reflection. Without prejudice to the specific provisions in force under the agreements between the European Economic Community and the EFTA States, this protocol applies to inspections and formalities relating to the transport of goods which must cross a border between an EFTA State and the Community and between the EFTA States. If, despite the application of the previous paragraph, it is not possible to reach agreement on an amendment to an annex to this agreement, the EEA Joint Committee examines any other possibility of maintaining the proper functioning of this agreement and takes all necessary decisions to that effect, including the possibility of taking note of the equivalence of the legislation. This decision is taken no later than six months from the date of referral to the EEA Joint Committee or, if that date is later, the date of the relevant EU legislation. The EEA Joint Committee makes decisions by mutual agreement between the Community on the one hand and the EFTA States, which speak with one voice on the other. Any convention or decision prohibited under paragraph 1 is automatically annulled and cannot be invoked in any jurisdiction of the EC Member States or EFTA States. If the necessary legislative adjustments have not been made to the satisfaction of the contracting parties on the effective date of the agreement, all the points involved may be submitted to the EEA Joint Committee. In the event of non-compliance with an agreement, the provisions of Article 114 of the agreement apply mutatis mutandis. The status of an approved economic operator granted in one contracting party is recognised by another party, without prejudice to customs controls, subject to the provisions and conditions set out in paragraph 2, in particular with regard to the consideration of the implementation of agreements with third countries providing for mutual recognition of the status of an approved economic operator. In any event, when different relations are established between one of the parties and a third country, consultations take place without delay, in accordance with paragraph 4, on the effects of such a divergence on the maintenance of the free movement of goods within the framework of this agreement.

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