10. 1. 8§ Official Journal of the European Communities No L 9/13 COUNCIL REGULATION (EEC) No 60/85 of 9 January 1985 on the restriction of exports of steel pipes and tubes to the United States of America THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas the Community has concluded an Arrange- ment ('), hereinafter referred to as ‘the Arrangement’, with the United States of America under which exports to the United States of certain steel pipes and tubes originating in the Community are to be limited to certain levels over an agreed period ; whereas, more- over, it is necessary, pursuant to this Arrangement, to introduce in the Community measures to restrict the amount of these products exported to the United States ; Whereas, in accordance with the Arrangement, the export restrictions cover steel pipes and tubes orig- inating in the Community; whereas the origin of these products is determined in accordance with ap- plicable Community legislation, that is to say Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods (%), as last amended by the 1979 Act of Acces- sien ; Whereas, for practical and management reasons, the quantitative export limits agreed by the Commuity must be allocated among the Member States, whereas, in order to do so, an allocation method must be estab- lished, whereas, thereafter the Member States must share out the amounts allocated to them among undertakings in accordance with objective criteria; Whereas utilization of the Community limits, based on allocations among Member States made in this way, would seem to be in keeping with the Community nature of these limits; Whereas the allocation among the Member States of the total export possibilities which the Arrangement affords should take account of traditional trade patterns ; Whereas measures must be taken to avoid abnormal concentration at certain times of exports to the United States ; (') See page 2 of this Official Journal. () OJ No L 148, 28. 6. 1968, p. 1. Whereas, in order to keep a check on exports, a system of export licences and certificates should be introduced ; Whereas it is necessary to provide that export licences issued to undertakings shall indicate the undertaking engaged in production of steel pipes and tubes within the Community and established in the issuing Member State that is holding the allocation against which the licence is issued; Whereas, in order to take account of the interests of distributive undertakings, it must be possible for these licences to be transferred not only between under- takings producing steel pipes and tubes but also by undertakings producing steel pipes and tubes to distri- butive undertakings, in particular where the under- takings producing steel pipes and tubes decide to sell their products to such distributive undertakings ; Whereas it appears necessary, and for the moment sufficient, that Member States ensure compliance with the different provisions of the regimec laid down by applying the various penalties provided for in their laws ; Whereas, in order to facilitate the application of the envisaged provisions, it is appropriate to set up a procedure establishing close cooperation between the Member States and the Commission within a committee ; whereas it is sufficient for this purpose to apply the procedure set up in Council Regulation (EEC) No 1023/70 of 25 May 1970 establishing a common procedure for administering quantitative quotas (3), HAS ADOPTED THIS REGULATION : Article 1 1. Community export limits are hereby established for the period 1 January 1985 to 31 December 1986 for exports effected after 31 December 1984 from the Community to the United States of America (here- inafter referred to as ‘the United States’) of the steel pipes and tubes originating in the Community which are listed in Annex L For the purposes of this Regulation, the United States shall comprise United States customs territory and United States foreign trade zones as described in Annex IL ' () OJ No L 124, 8. 6. 1970, p. 1.