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responsibility for the due performance of the agreement. That is why
the provisions of such an agreement…form an integral part of the
Community legal system”. 36

Member States as well as EU Institutions have an obligation to take
appropriate measures in order to implement an agreement:

“The measures needed to implement the provisions of an agreement
concluded by the Community are to be adopted, according to the state
of Community law for the time being in the areas affected by the pro-
visions of the agreement, either by the Community institutions or by
the Member States”. 37

Certain agreements may provide for establishing special executing
bodies (e.g. Stabilization and Association Council). Such bodies have
the power to adopt binding decisions. Such decisions also constitute an
integral part of the EU legal system. They may produce direct effect, if
conditions to that effect are fulÞlled. Otherwise they require adoption
of appropriate measures by the relevant authorities of Member States.

“…since they are directly connected with the Agreement to which
they give effect, the decisions of the Council of Association, in the
same way as the Agreement itself, form an integral part, as from their
entry into force, of the Community legal system”. 38

In case of the so called “mixed agreements” (agreements concluded by
the EU and Member States containing provisions falling under the scope
of competence of both EU and Member States) Member States have an
obligation to ensure the effectiveness of EU law and, consequently, to
adopt measures necessary to implement the agreement with regard to
elements of the agreement which fall under exclusive EU competence.
The implementation of the parts of the agreement covered by the com-
petence of Member States is a matter of internal rules applicable in the
latter. However, the principle of uniform representation of the EU in
international relations requires Member States to cooperate closely with
the EU and other Member States during negotiation and implementation

36 Hauptzollamt Mainz v C.A. Kupferberg & Cie KG a.A. (Case 104/81) [1982] ECR 3641.
37 Idem.
38 S. Z. Sevince v Staatssecretaris van Justitie (Case C-192/89) [1990] ECR I-3461.

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