Before concluding an agreement with a third country in the territory covered by this Chapter, the Parties shall consult each other in order to ensure compatibility with the provisions of this Chapter, in particular where this Agreement contains provisions derogating from the customs security measures referred to in this Chapter. Each Party shall ensure that agreements concluded with third countries do not create rights and obligations for another Party, unless decided by the EEA Joint Committee. After the Council of the European Union requested, in November 2012, an assessment of the EU`s relations with the sovereign European micro-states of Andorra, Monaco and San Marino, which they described as “fragmented”, the European Commission published a report setting out possible options for further integration into the EU.  Unlike Liechtenstein, which is a member of the EEA through EFTA and the Schengen Agreement, relations with these three states are based on a series of agreements covering certain issues. The report examined four alternatives to the current situation: 1) a sectoral approach with separate agreements with each State covering an entire policy area; 2) a Comprehensive Multilateral Framework Association Agreement (FAA) with the three states, 3) accession to the EEA and 4) accession to the EU. The Commission argued that the sectoral approach did not address the big problems and was still unnecessarily complicated, while EU membership would be denied in the near future because “the EU institutions are currently not adapted to the accession of these small countries”. The remaining options, namely EEA membership and an FAA with states, were considered viable and recommended by the Commission. With regard to the publication of relevant information on the EEA to be published after the entry into force of the EEA Agreement, I have the honour to summarise the agreement we have reached as follows. The Community therefore reserves the right to suspend the conclusion of the EEA Agreement until the EFTA States concerned have notified the Community of the ratification of the said bilateral agreements. In addition, the Community reserves the right to adopt its position on the consequences to be drawn in the event of non-ratification of these agreements. The Parties agree to negotiate, with a view to the conclusion before 1 July 1993, of separate agreements on the mutual recognition and protection of wine and spirits names, taking into account existing bilateral agreements. goods contained in a consignment the internal value of which does not exceed EUR 22, provided that the customs authorities, with the agreement of the economic operator, authorise a risk analysis to be carried out using the information contained in the system used by or provided by the economic operator; If, at the time of entry into force of the Agreement, the necessary adaptations to the legislation have not been made to the satisfaction of the Contracting Parties, all the points in dispute may be submitted to the EEA Joint Committee.
In the absence of an agreement, the provisions of Article 114 of the Agreement shall apply mutatis mutandis. The EFTA Court of Justice or the EFTA Surveillance Authority were not able to adopt the initial plan for the EEA, as the “EEA Tribunal” (composed of five members of the European Court of Justice and three members from EFTA countries and which was to be functionally integrated into the ECJ) and the European Commission should exercise these functions. However, during the negotiations on the EEA Agreement, the Court of Justice of the European Communities informed the Council of the European Union (Opinion 1/91) that the jurisdiction of the EEA Court in matters of EEA law would constitute a breach of the Treaties and that, therefore, the current regime has been developed. Following negotiations on the Authority, the ECJ confirmed its legality in Opinion 1/92. . . .