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(1) On 22 November 2007, the Council adopted Regulation (EC) No 1446/2007 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique (the ‧Agreement‧). A Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement was attached thereto. That Protocol expired on 31 December 2011.

(2) A new 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 Mozambique (the ‧Protocol‧) was initialled on 2 June 2011, providing EU vessels with fishing opportunities in the waters over which Mozambique have sovereignty or jurisdiction in respect of fisheries.

(3) On 23 January 2012 the Council adopted Decision 2012/91/EU on the signing, on behalf of the European Union, and provisional application of the Protocol.

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

(5) 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 , if it appears that the fishing opportunities allocated to the Union under a Fisheries Partnership Agreement are not fully utilised, the Commission is to inform the Member States concerned. The absence of a reply within deadlines 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. It is necessary to set such deadlines.

(6) Since the Protocol to the Agreement expired on 31 December 2011, this Regulation should apply from 1 February 2012,