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1. The fishing opportunities fixed under the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania for a period of two years (‘the Protocol’) shall take into consideration the catches made between 2008 and 2012 and shall be allocated among the Member States as follows:

(a) Category 1 — Fishing vessels specialising in crustaceans other than spiny lobster and crab (maximum number of vessels: 36) Spain 4 150 tonnes Italy 600 tonnes Portugal 250 tonnes (b) Category 2 — Black hake (non-freezer) trawlers and bottom longliners (maximum number of vessels: 11) Spain 4 000 tonnes (c) Category 3 — Vessels fishing for demersal species other than black hake with gear other than trawls (maximum number of vessels: 9) Spain 2 500 tonnes (d) Category 4 — Vessels fishing for crab Spain 200 tonnes (e) Category 5 — Tuna seiners Spain 17 licences France 8 licences (f) Category 6 — Pole-and-line tuna vessels and surface longliners Spain 18 licences France 1 licence (g) Category 7 — Pelagic freezer trawlers: Germany 15 396 tonnes France 3 205 tonnes Latvia 66 087 tonnes Lithuania 70 658 tonnes Netherlands 76 727 tonnes Poland 32 008 tonnes United Kingdom 10 457 tonnes Ireland 10 462 tonnes At any one time a maximum of 19 vessels may be deployed in Mauritanian waters. In case of non-utilisation of licences in category 8, a maximum of 16 quarterly licences may be added from category 8. During the two years validity of the Protocol, the following number of quarterly licences shall be held by Member States: Germany 8 France 4 Latvia 40 Lithuania 44 Netherlands 32 Poland 16 Ireland 4 United Kingdom 4 Member States shall endeavour to communicate to the Commission if certain licences may be at the disposal of other Member States.

(h) Category 8 — Non-freezer pelagic vessels: Ireland 15 000 tonnes

These fishing opportunities may, in the case of non-utilisation, be transferred to category 7 according to the method of allocation of that category. A maximum of 16 quarterly licences may be deployed in Mauritanian waters. In case of non-utilisation, these licences may be transferred to category 7. Ireland shall hold 16 quarterly licences (with a possible transfer to category 7 if not utilised). Ireland shall communicate to the Commission, by 1 July of every year of the validity of the Protocol at the latest, whether fishing opportunities may become available for other Member States.

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, in accordance with 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, shall be set at ten working days as from the date on which the Commission informs them that the fishing opportunities are not fully utilised.