Council Regulation (EU) No 1263/2010

of 20 December 2010

concerning the allocation of the fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles

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)

A new Protocol (hereinafter ‘the Protocol’) setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and The Republic of Seychelles1 (hereinafter ‘the Agreement’) was initialled on 3 June 2010. The Protocol provides EU vessels with fishing opportunities in the waters over which the Republic of Seychelles has sovereignty or jurisdiction in respect of fisheries.

(2)

On 20 December 2010 the Council adopted Decision 2010/814/EU2 on the signing and provisional application of the Protocol.

(3)

The method for allocating the fishing opportunities among the Member States should be defined for the duration of the Protocol.

(4)

In accordance with Article 10(1) of 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 waters3, if it appears that the fishing opportunities allocated to the Union under the Protocol are not fully utilised, the Commission should 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. The deadline should be set.

(5)

This Regulation should enter into force on the day following its publication in the Offical Journal of the European Union and should apply from 18 January 2011,

HAS ADOPTED THIS REGULATION: