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(1) On 22 May 2006, the Council adopted Regulation (EC) No 764/2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (‘Partnership Agreement’).

(2) Since the protocol setting out the fishing opportunities and financial compensation provided for in the Partnership Agreement expired on 27 February 2011, a new protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement (the Protocol) was initialled on 25 February 2011. The Protocol provides EU vessels with fishing opportunities in waters falling within the sovereignty or jurisdiction of Morocco.

(3) On 12 July 2011, the Council adopted Decision 2011/491/EU on the signing and the provisional application of the Protocol.

(4) The method for allocating the fishing opportunities among the Member States should be defined for the period of application 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 number of fishing authorisations or the amount of fishing opportunities allocated to the Union under the protocol are not fully utilised, the Commission is to inform the Member States concerned. The absence of a reply within the deadline 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 during in the given period. That deadline should be set.

(6) Given that the previous Protocol expired on 27 February 2011 and that the Protocol is provisionally applied from 28 February 2011, this Regulation should apply from 28 February 2011,