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1. The fishing opportunities set out in the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries PartnershipAgreement between the European Union and the Democratic Republic of São Tomé and Príncipe (the ‘Protocol’) shall be allocated among the Member States as follows:

(a) tuna seiners: Spain 16 vessels France 12 vessels (b) surface longliners:

— for the first two years of validity of the Protocol: Spain 4 vessels Portugal 2 vessels — for the last two years of validity of the Protocol: Spain 5 vessels Portugal 1 vessel 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, is set at ten working days from the date on which the Commission informs them that the fishing opportunities are not being fully utilised.