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(1) On 23 July 2007 the Council adopted Regulation (EC) No 893/2007 on the conclusion of a Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other (‘the Agreement’).

(2) A new Protocol to the Agreement was initialled on 3 June 2012 (‘the Protocol’). The Protocol grants EU vessels fishing opportunities in the waters over which the Republic of Kiribati exercises its sovereignty or jurisdiction.

(3) On 9 October 2012 the Council adopted Decision 2012/669/EU on the signing and the provisional application of the Protocol.

(4) The method for allocation of the fishing opportunities among the Member States should be defined for the period when the Protocol applies.

(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 the given period. That deadline should therefore be set by the Council.

(6) Given that the Protocol is to be provisionally applied from 16 September 2012, this Regulation should apply from 16 September 2012,