Council Regulation (EU) No 1258/2012 of 28 November 2012 on the allocation of the fishing opportunities under the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

1 The fishing opportunities fixed under the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force (‘the Protocol’) shall be allocated among the Member States as follows: Type of VesselMember StateFishing opportunitiesTuna seinersSpain21France18Italy1Surface longliners over 100 GTSpain17France9Portugal5United Kingdom3Surface longliners of 100 GT or belowFrance22

2 Regulation (EC) No 1006/2008 shall apply without prejudice to the Partnership Agreement.

3 If applications for fishing authorisations from the Member States referred to in paragraph 1 do not exhaust the fishing opportunities set out in the Protocol, the Commission shall consider applications for fishing authorisations from any other Member State, pursuant to Article 10 of Regulation (EC) No 1006/2008.

4 The time limit within which the Member States must confirm that they are not making full use of the fishing opportunities granted to them, as provided by Article 10(1) of Regulation (EC) No 1006/2008, is set at 10 working days as from the date on which the Commission informs them that the fishing opportunities are not fully utilised.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from the date of the signature of the Protocol and at the earliest from 1 January 2013.