HERE, THE COURT' S INTERPRETATIVE JURISDICTION DOES NOT EXTEND TO PROVISIONS WHEREBY MEMBER STATES HAVE ENTERED INTO COMMITMENTS WITH REGARD TO TURKEY IN THE EXERCISE OF THEIR OWN POWERS WHICH IS THE CASE OF THE PROVISIONS ON FREEDOM OF MOVEMENT FOR WORKERS .
9 IN THAT CONNECTION IT IS SUFFICIENT TO STATE THAT THAT IS PRECISELY NOT THE CASE IN THIS INSTANCE . SINCE THE AGREEMENT IN QUESTION IS AN ASSOCIATION AGREEMENT CREATING SPECIAL, PRIVILEGED LINKS WITH A NON-MEMBER COUNTRY WHICH MUST, AT LEAST TO A CERTAIN EXTENT, TAKE PART IN THE COMMUNITY SYSTEM, ARTICLE 238 MUST NECESSARILY EMPOWER THE COMMUNITY TO GUARANTEE COMMITMENTS TOWARDS NON-MEMBER COUNTRIES IN ALL THE FIELDS COVERED BY THE TREATY . SINCE FREEDOM OF MOVEMENT FOR WORKERS IS, BY VIRTUE OF ARTICLE 48 ET SEQ . OF THE EEC TREATY, ONE OF THE FIELDS COVERED BY THAT TREATY, IT FOLLOWS THAT COMMITMENTS REGARDING FREEDOM OF MOVEMENT FALL WITHIN THE POWERS CONFERRED ON THE COMMUNITY BY ARTICLE 238 . THUS THE QUESTION WHETHER THE COURT HAS JURISDICTION TO RULE ON THE INTERPRETATION OF A PROVISION IN A MIXED AGREEMENT CONTAINING A COMMITMENT WHICH ONLY THE MEMBER STATES COULD ENTER INTO IN THE SPHERE OF THEIR OWN POWERS DOES NOT ARISE .
10 FURTHERMORE, THE JURISDICTION OF THE COURT CANNOT BE CALLED IN QUESTION BY VIRTUE OF THE FACT THAT IN THE FIELD OF FREEDOM OF MOVEMENT FOR WORKERS, AS COMMUNITY LAW NOW STANDS, IT IS FOR THE MEMBER STATES TO LAY DOWN THE RULES WHICH ARE NECESSARY TO GIVE EFFECT IN THEIR TERRITORY TO THE PROVISIONS OF THE AGREEMENT OR THE DECISIONS TO BE ADOPTED BY THE ASSOCIATION COUNCIL .
11 AS THE COURT HELD IN ITS JUDGMENT OF 26 OCTOBER 1982 IN CASE 104/81 HAUPTZOLLAMT MAINZ V KUPFERBERG (( 1982 )) ECR 3641, IN ENSURING RESPECT FOR COMMITMENTS ARISING FROM AN AGREEMENT CONCLUDED BY THE COMMUNITY INSTITUTIONS THE MEMBER STATES FULFIL, WITHIN THE COMMUNITY SYSTEM, AN OBLIGATION IN RELATION TO THE COMMUNITY, WHICH HAS ASSUMED RESPONSIBILITY FOR THE DUE PERFORMANCE OF THE AGREEMENT .
12 CONSEQUENTLY, THE COURT DOES HAVE JURISDICTION TO INTERPRET THE PROVISIONS ON FREEDOM OF MOVEMENT FOR WORKERS CONTAINED IN THE AGREEMENT AND THE PROTOCOL .
THE QUESTIONS REFERRED TO THE COURT
13 THE VERWALTUNGSGERICHT' S FIRST QUESTION SEEKS ESSENTIALLY TO ESTABLISH WHETHER ARTICLE 12 OF THE AGREEMENT AND ARTICLE 36 OF THE PROTOCOL, READ IN CONJUNCTION WITH ARTICLE 7 OF THE AGREEMENT, CONSTITUTE RULES OF COMMUNITY LAW WHICH ARE DIRECTLY APPLICABLE IN THE INTERNAL LEGAL ORDER OF THE MEMBER STATES .
14 A PROVISION IN AN AGREEMENT CONCLUDED BY THE COMMUNITY WITH NON-MEMBER COUNTRIES MUST BE REGARDED AS BEING DIRECTLY APPLICABLE WHEN, REGARD BEING HAD TO ITS WORDING AND THE PURPOSE AND NATURE OF THE AGREEMENT ITSELF, THE PROVISION CONTAINS A CLEAR AND PRECISE OBLIGATION WHICH IS NOT SUBJECT, IN ITS IMPLEMENTATION OR EFFECTS, TO THE ADOPTION OF ANY SUBSEQUENT MEASURE .
15 ACCORDING TO ARTICLES 2 TO 5 THEREOF, THE AGREEMENT PROVIDES FOR A PREPARATORY STAGE TO ENABLE TURKEY TO