Council Regulation (EU) No 999/2012 of 9 October 2012 on the allocation of fishing opportunities under the Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

30.10.2012 EN Official Journal of the European Union L 300/37
COUNCIL REGULATION (EU) No 999/2012
of 9 October 2012
on the allocation of fishing opportunities under the Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 9 October 2012 the Council adopted Decision 2012/670/EU (1) on the signing of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (‘the Fisheries Partnership Agreement’). The Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement (‘the Protocol’) forms an integral part of the Fisheries Partnership Agreement.
(2) The method for allocating the fishing opportunities among the Member States should be defined for the period of application of the Protocol.
(3) In accordance with Article 10(1) of Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (2), where it appears that the fishing opportunities allocated to the Union under the Protocol are not fully utilised, the Commission is to inform the Member States concerned. The absence of a reply within a deadline to be set by the Council is considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities in the given period. That deadline should therefore be set by the Council.
(4) Given that the Protocol applies for a period of three years from its entry into force, this Regulation should apply from that date,