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(1) On 19 December 2006 the Council adopted Regulation (EC) No 2027/2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (hereinafter referred to as the ‘Partnership Agreement’).

(2) A new Protocol to the Partnership Agreement was initialled on 22 December 2010 (hereinafter referred to as ‘the new Protocol’). The new Protocol provides EU vessels with fishing opportunities in the waters over which Cape Verde has sovereignty or jurisdiction in respect of fisheries.

(3) On 9 June 2011, the Council adopted Decision 2011/405/EU on the signing and on the provisional application of the new Protocol.

(4) The method for allocating the fishing opportunities among the Member States should be defined for the period of application of the new 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 the new 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 in the given period. That deadline should be set.

(6) Given that the current Protocol is due to expire on 31 August 2011, this Regulation should enter into force on the day following its publication in the Official Journal of the European Union and apply from 1 September 2011,