31.12.2012 Official Journal of the European Union L 361/87 COUNCIL REGULATION (EU) No 1259/2012 of 3 December 2012 on the allocation of the fishing opportunities 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, and amending Regulation (EC) No 1801/2006 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof, Having regard to the proposal from the European Commission, Whereas: (1) On 30 November 2006, the Council adopted Regulation (EC) No 1801/2006 on the conclusion of the Fisheries Partnership ~ Agreement  between the  European Community and the Islamic Republic of Mauritania (%) (‘the Partnership Agreement)). (20 A new Protocol to the Partnership Agreement was initialled on 26 July 2012 (the new Protocol). The new Protocol grants EU vessels fishing opportunities in waters in which Mauritania exercises its sovereignty or its jurisdiction as regards fishing. (3)  On 18 December 2012, the Council adopted Decision 2012/827[EU () on the signing and provisional appli- cation of the new Protocol. (4 The method for allocating the fishing opportunities among the Member States should be defined for the period in which the new Protocol applies. (5)  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 (°) provides that if it appears that the fishing authorisations or the fishing opportunities allocated to the Union under the new Protocol are not fully utilised, the Commission will inform the Member States concerned. The absence of a reply within a time limit to be set by the Council is to be considered as confirmation () OJ L 343, 8.12.2006, p. 1. (3) See page 43 of this Official Journal. () OJ L 286, 29.10.2008, p. 33. that the vessels of the Member State concerned are not making full use of their fishing opportunities in the given period. That time limit should be set. (6)  The current Protocol expired on 31 July 2012. The new Protocol should be applied provisionally from the date of its signature, therefore this Regulation should apply from the same date, HAS ADOPTED THIS REGULATION: Article 1 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 4150 tonnes Ttaly 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 5 licences (f) Category 6 — Pole-and-line tuna vessels and surface long- liners Spain 18 licences France 4 licences