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31.12.2012 Official
Journal
of
the
European
Union L
361/87
COUNCIL REGULATION (EU) No 1259/2012
of 3 December 2012
on the allocation of the fishing opportunities under the Protocol setting out the fishing
opportunities and financial contribution provided for in the Fisheries Partnership Agreement
between the European Union and the Islamic Republic of Mauritania for a period of two years,
and amending Regulation (EC) No 1801/2006
THE COUNCIL OF THE EUROPEAN UNION,
that the vessels of the Member State concerned are not
making full use of their fishing opportunities in the given
period. That time limit should be set.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 43(3) thereof,
(6)
The current Protocol expired on 31 July 2012. The new
Protocol should be applied provisionally from the date of
its signature, therefore this Regulation should apply from
the same date,
Having regard to the proposal from the European Commission,
HAS ADOPTED THIS REGULATION:
Article 1
Whereas:
1. The
fishing
opportunities
fixed
under
the
Protocol
setting
out the fishing opportunities and financial contribution
provided for in the Fisheries Partnership Agreement between
(1) On
30
November
2006,
the
Council
adopted
Regulation the European Union and the Islamic Republic of Mauritania
(EC) No 1801/2006 on the conclusion of the Fisheries
for a period of two years (‘the Protocol’) shall take into
Partnership Agreement between the European
consideration the catches made between 2008 and 2012 and
Community and the Islamic Republic of Mauritania ( 1 )
shall be allocated among the Member States as follows:
(‘the Partnership Agreement’).
(a) Category 1 — Fishing vessels specialising in crustaceans
other than spiny lobster and crab (maximum number of
(2) A
new
Protocol
to
the
Partnership
Agreement
was
vessels: 36)
initialled on 26 July 2012 (‘the new Protocol’). The
Spain 4
150
tonnes
new Protocol grants EU vessels fishing opportunities in
waters in which Mauritania exercises its sovereignty or its
Italy 600
tonnes
jurisdiction as regards fishing.
Portugal 250
tonnes
(b) Category 2 — Black hake (non-freezer) trawlers and bottom
(3) On
18
December
2012,
the
Council
adopted
Decision
longliners (maximum number of vessels: 11)
2012/827/EU ( 2 ) on the signing and provisional appli
cation of the new Protocol.
Spain 4
000
tonnes
(c) Category 3 — Vessels fishing for demersal species other
than black hake with gear other than trawls (maximum
(4) The
method
for
allocating
the
fishing
opportunities
among the Member States should be defined for the
number of vessels: 9)
period in which the new Protocol applies.
Spain 2
500
tonnes
(d) Category 4 — Vessels fishing for crab
(5) Council
Regulation
(EC)
No
1006/2008
of
29
September
Spain 200
tonnes
2008 concerning authorisations for fishing activities of
Community fishing vessels outside Community waters
and the access of third country vessels to Community
(e) Category 5 — Tuna seiners
waters ( 3 ) provides that if it appears that the fishing
Spain 17
licences
authorisations or the fishing opportunities allocated to
the Union under the new Protocol are not fully
France 5
licences
utilised, the Commission will inform the Member States
concerned. The absence of a reply within a time limit to
(f) Category 6 — Pole-and-line tuna vessels and surface long
be set by the Council is to be considered as confirmation
liners
( 1 ) OJ L 343, 8.12.2006, p. 1.
Spain 18
licences
( 2 ) See page 43 of this Official Journal.
( 3 ) OJ L 286, 29.10.2008, p. 33.
France 4
licences

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L 361/88
EN
Official Journal of the European Union
31.12.2012
(g) Category 7 — Pelagic freezer trawlers:
A maximum of 16 quarterly licences may be deployed in Maur
Germany 15
396
tonnes
itanian waters. In case of non-utilisation, these licences may be
transferred to category 7.
France 3
205
tonnes
Latvia 66
087
tonnes
Lithuania 70
658
tonnes
Ireland shall hold 16 quarterly licences (with a possible transfer
to category 7 if not utilised).
Netherlands 76
727
tonnes
Poland 32
008
tonnes
United Kingdom
10 457 tonnes
Ireland shall communicate to the Commission, by 1 July of
Ireland 10
462
tonnes
every year of the validity of the Protocol at the latest,
whether fishing opportunities may become available for other
Member States.
At any one time a maximum of 19 vessels may be deployed
in Mauritanian waters. In case of non-utilisation of licences
in category 8, a maximum of 16 quarterly licences may be
2. Regulation
(EC)
No
1006/2008 shall
apply
without
added from category 8.
prejudice to the Partnership Agreement.
During the two years validity of the Protocol, the following
3. If
applications
for
fishing
authorisations
from
the
Member
number of quarterly licences shall be held by Member
States referred to in paragraph 1 do not exhaust the fishing
States:
opportunities set out in the Protocol, the Commission shall
Germany 8
consider applications for fishing authorisations from any other
Member State, in accordance with Article 10 of Regulation (EC)
France 4
No 1006/2008.
Latvia 40
Lithuania 44
4. The
time
limit
within
which
the
Member
States
must
Netherlands 32
confirm that they are not making full use of the fishing oppor
Poland 16
tunities granted to them, as provided by Article 10(1) of Regu
Ireland 4
lation (EC) No 1006/2008, shall be set at ten working days as
United Kingdom
4
from the date on which the Commission informs them that the
fishing opportunities are not fully utilised.
Member States shall endeavour to communicate to the
Commission if certain licences may be at the disposal of
Article 2
other Member States.
Article 2 of Regulation (EC) No 1801/2006 is repealed.
(h) Category 8 — Non-freezer pelagic vessels:
Article 3
Ireland 15
000
tonnes
This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.
These fishing opportunities may, in the case of non-utilisation,
be transferred to category 7 according to the method of allo
cation of that category.
It shall apply from the date of the signature of the Protocol.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 2012.
For the Council
The President
N. SYLIKIOTIS

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