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30.10.2012 Official
Journal
of
the
European
Union L
300/35
REGULATIONS
COUNCIL REGULATION (EU) No 998/2012
of 9 October 2012
on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities
and financial contribution provided for in the Fisheries Partnership Agreement between the
European Community, on the one hand, and the Republic of Kiribati, on the other
THE COUNCIL OF THE EUROPEAN UNION,
(6)
Given that the Protocol is to be provisionally applied
from 16 September 2012, this Regulation should apply
from 16 September 2012,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 43(3) thereof,
HAS ADOPTED THIS REGULATION:
Having regard to the proposal from the European Commission,
Article 1
1. The
fishing
opportunities
fixed
under
the
Protocol
setting
Whereas:
out the fishing opportunities and financial contribution
provided for in the Fisheries Partnership Agreement between
the European Community, on the one hand, and the Republic
(1) On
23
July
2007
the
Council
adopted
Regulation
(EC) of Kiribati, on the other, (‘the Protocol’), to be provisionally
No 893/2007 on the conclusion of a Fisheries Part
applied from 16 September 2012, shall be allocated among
nership Agreement between the European Community,
the Member States as follows:
on the one hand, and the Republic of Kiribati, on the
other ( 1 ) (‘the Agreement’).
(a) purse seine vessels:
Spain 3
vessels
(2) A
new
Protocol
to
the
Agreement
was
initialled
on
3 June 2012 (‘the Protocol’). The Protocol grants EU
France 1
vessel
vessels fishing opportunities in the waters over which
the Republic of Kiribati exercises its sovereignty or juris
diction.
(b) long-line vessels:
Spain 3
vessels
(3) On
9
October
2012
the
Council
adopted
Decision
2012/669/EU ( 2 ) on the signing and the provisional
Portugal 3
vessels
application of the Protocol.
2. Regulation
(EC)
No
1006/2008
shall
apply
without
(4) The
method
for
allocation
of
the
fishing
opportunities prejudice to the Fisheries Partnership Agreement between the
among the Member States should be defined for the
European Community, on the one hand, and the Republic of
period when the Protocol applies.
Kiribati, on the other.
3. If
applications
for
fishing
authorisations
from
the
Member
(5) In
accordance
with
Article
10(1)
of
Council
Regulation States referred to in paragraph 1 do not cover all the fishing
(EC) No 1006/2008 of 29 September 2008 concerning
opportunities set out in the Protocol, the Commission shall
authorisations for fishing activities of Community fishing
consider applications for fishing authorisation from any other
vessels outside Community waters and the access of third
Member State in accordance with Article 10 of Regulation (EC)
country vessels to Community waters ( 3 ), if it appears
No 1006/2008.
that the number of fishing authorisations or the
amount of fishing opportunities allocated to the Union
under the Protocol are not fully utilised, the Commission
4. The
deadline
referred
to
in
Article
10(1)
of
Regulation
is to inform the Member States concerned. The absence
(EC) No 1006/2008 shall be set at 10 working days from the
of a reply within the deadline to be set by the Council is
day on which the Commission informs the Member States that
to be considered as confirmation that the vessels of the
the fishing opportunities have not been fully utilised.
Member State concerned are not making full use of their
fishing opportunities during the given period. That
Article 2
deadline should therefore be set by the Council.
This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.
( 1 ) OJ L 205, 7.8.2007, p. 1.
( 2 ) See page 2 of this Official Journal.
( 3 ) OJ L 286, 29.10.2008, p. 33.
It shall apply from 16 September 2012.

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L 300/36
EN
Official Journal of the European Union
30.10.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 9 October 2012.
For the Council
The President
V. SHIARLY

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Document Outline

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