ITS LEGAL SYSTEM UNLESS THE AGREEMENT , INTERPRETED IN THE LIGHT OF ITS SUBJECT-MATTER AND PURPOSE , ITSELF SPECIFIES THOSE MEANS . SUBJECT TO THAT RESERVATION THE FACT THAT THE COURTS OF ONE OF THE PARTIES CONSIDER THAT CERTAIN OF THE STIPULATIONS IN THE AGREEMENT ARE OF DIRECT APPLICATION WHEREAS THE COURTS OF THE OTHER PARTY DO NOT RECOGNIZE SUCH DIRECT APPLICATION IS NOT IN ITSELF SUCH AS TO CONSTITUTE A LACK OF RECIPROCITY IN THE IMPLEMENTATION OF THE AGREEMENT .
19 AS THE GOVERNMENTS HAVE EMPHASIZED , THE FREE-TRADE AGREEMENTS PROVIDE FOR JOINT COMMITTEES RESPONSIBLE FOR THE ADMINISTRATION OF THE AGREEMENTS AND FOR THEIR PROPER IMPLEMENTATION . TO THAT END THEY MAY MAKE RECOMMENDATIONS AND , IN THE CASES EXPRESSLY PROVIDED FOR BY THE AGREEMENT IN QUESTION , TAKE DECISIONS .
20 THE MERE FACT THAT THE CONTRACTING PARTIES HAVE ESTABLISHED A SPECIAL INSTITUTIONAL FRAMEWORK FOR CONSULTATIONS AND NEGOTIATIONS INTER SE IN RELATION TO THE IMPLEMENTATION OF THE AGREEMENT IS NOT IN ITSELF SUFFICIENT TO EXCLUDE ALL JUDICIAL APPLICATION OF THAT AGREEMENT . THE FACT THAT A COURT OF ONE OF THE PARTIES APPLIES TO A SPECIFIC CASE BEFORE IT A PROVISION OF THE AGREEMENT INVOLVING AN UNCONDITIONAL AND PRECISE OBLIGATION AND THEREFORE NOT REQUIRING ANY PRIOR INTERVENTION ON THE PART OF THE JOINT COMMITTEE DOES NOT ADVERSELY AFFECT THE POWERS THAT THE AGREEMENT CONFERS ON THAT COMMITTEE .
21 AS REGARDS THE SAFEGUARD CLAUSES WHICH ENABLE THE PARTIES TO DEROGATE FROM CERTAIN PROVISIONS OF THE AGREEMENT IT SHOULD BE OBSERVED THAT THEY APPLY ONLY IN SPECIFIC CIRCUMSTANCES AND AS A GENERAL RULE AFTER CONSIDERATION WITHIN THE JOINT COMMITTEE IN THE PRESENCE OF BOTH PARTIES . APART FROM SPECIFIC SITUATIONS WHICH MAY INVOLVE THEIR APPLICATION , THE EXISTENCE OF SUCH CLAUSES , WHICH , MOREOVER , DO NOT AFFECT THE PROVISIONS PROHIBITING TAX DISCRIMINATION , IS NOT SUFFICIENT IN ITSELF TO AFFECT THE DIRECT APPLICABILITY WHICH MAY ATTACH TO CERTAIN STIPULATIONS IN THE AGREEMENT .
22 IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS THAT NEITHER THE NATURE NOR THE STRUCTURE OF THE AGREEMENT CONCLUDED WITH PORTUGAL MAY PREVENT A TRADER FROM RELYING ON THE PROVISIONS OF THE SAID AGREEMENT BEFORE A COURT IN THE COMMUNITY .
23 NEVERTHELESS THE QUESTION WHETHER SUCH A STIPULATION IS UNCONDITIONAL AND SUFFICIENTLY PRECISE TO HAVE DIRECT EFFECT MUST BE CONSIDERED IN THE CONTEXT OF THE AGREEMENT OF WHICH IT FORMS PART . IN ORDER TO REPLY TO THE QUESTION ON THE DIRECT EFFECT OF THE FIRST PARAGRAPH OF ARTICLE 21 OF THE AGREEMENT BETWEEN THE COMMUNITY AND PORTUGAL IT IS NECESSARY TO ANALYSE THE PROVISION IN THE LIGHT OF BOTH THE OBJECT AND PURPOSE OF THE AGREEMENT AND OF ITS CONTEXT .
24 THE PURPOSE OF THE AGREEMENT IS TO CREATE A SYSTEM OF FREE TRADE IN WHICH RULES RESTRICTING COMMERCE ARE ELIMINATED IN RESPECT OF VIRTUALLY ALL TRADE IN PRODUCTS ORIGINATING IN THE TERRITORY OF THE PARTIES , IN PARTICULAR BY ABOLISHING CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT AND ELIMINATING QUANTITATIVE