PROTOCOLE 2 on products excluded from the scope of the agreement under Article 8, paragraph 3, point a), and despite the application of the previous paragraph, it is not possible to reach agreement on an amendment to an annex of this agreement, the EEA Joint Committee is considering any other possibility of maintaining the proper functioning of the agreement and taking all necessary decisions to do so. , 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. PROTOCOLE 12 on compliance assessment agreements with third countries Mutual recognition agreements for products for which the use of a trademark is provided for by EU legislation are negotiated on the initiative of the Community. The Community will negotiate on the basis of parallel mutual recognition agreements between the third countries concerned and the EFTA countries, which correspond to those to be concluded with the Community. The parties cooperate in accordance with the general information and consultation procedures of the EEA agreement. In the event of differences in relations with third countries, they are dealt with in accordance with the relevant provisions of the EEA agreement. 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. All agreements or decisions prohibited under this section are automatically rescinded. Without prejudice to Article 11, these agreements do not affect EU legislation on the transmission of information of interest to the competent services of the European Commission and the customs authorities of the Member States between the competent services of the European Commission and the customs authorities of the Member States.

Subject to the procedure under Article 9 ter, paragraph 3, of this Protocol, the time limits in paragraph 1 do not apply if international security agreements between the contracting party and third countries provide otherwise. If the Competent Authority finds that certain agreements of a strictly analog and effect nature are concluded with the above provisions, it authorizes them, among other things, that this paragraph applies to distributors, it also authorizes them, if they have ensured that they meet the same requirements. 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. Agreements resulting from the negotiations under paragraph 1 are subject to ratification or approval by the parties in accordance with their own procedures. The EEA Joint Committee makes decisions by mutual agreement between the Community, on the one hand, and the EFTA states speaking with one voice, on the other hand. with regard to the EFTA States, by the EFTA Supervisory Authority, in accordance with the rules of an agreement between EFTA states establishing the EFTA Supervisory Authority, which is responsible for the powers and functions defined in Protocol 26.