On 15 November 2007, the Council adopted Regulation (EC) No 31/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar1 (‘the Partnership Agreement’).

A new Protocol to the Partnership Agreement was initialled on 10 May 2012 (‘the new Protocol’). The new Protocol grants EU vessels fishing opportunities in waters in which Madagascar exercises its sovereignty or jurisdiction as regards fishing.

On 28 November 2012, the Council adopted Decision 2012/826/EU2 on the signing and provisional application of the new Protocol.

The method for allocating the fishing opportunities among the Member States should be defined for the period in which the new Protocol applies.

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 waters3 provides that if it appears that the fishing authorisations or the fishing opportunities allocated to the Union under the new Protocol are not fully utilised, the Commission will inform the Member States concerned. The absence of a reply within a time limit to be set by the Council is to be 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 time limit should be set.

Given that the Protocol is to be provisionally applied from the date of its signature and from 1 January 2013 at the earliest, this Regulation should apply from the date so determined,