If it is not possible to reach agreement on these rules or provisions, the contracting party concerned can take the necessary measures to avoid any circumvention. However, if, following a risk analysis, the competent customs authority chooses, for further examination, a shipment that may be implicated, a summary declaration of entry or exit or a customs declaration filed by an approved economic operator, it makes the necessary controls as a priority. At the request of the authorised economic operator and subject to agreement with the relevant customs authority, these checks may be carried out in a location other than that of the relevant customs office. 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. 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 agreement is not such as to give the companies concerned the power to determine the prices of a substantial part of the products concerned in the area covered by the agreement, to control or limit production or marketing, nor to protect them from effective competition between other companies located in the territory covered by the agreement. If there is disagreement between the two institutions regarding the measures to be taken in relation to a complaint or with regard to the outcome of the review, one of the institutions may refer the matter to the EEA Joint Committee, which deals with it in accordance with Article 111. The provisions of the agreements listed in Schedule 3 prevail over the provisions of this protocol, insofar as they grant the relevant EFTA states more favourable trade regimes than this protocol. Prior to reaching an agreement with a third country in the territory covered by this chapter, the parties consult with each other to ensure compatibility with the provisions of this chapter, particularly where the agreement contains provisions that depart from the customs security measures covered in this chapter.
Each party ensures that agreements with third countries do not create rights and obligations for another party, unless the EEA Joint Committee decides otherwise. 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. 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.