L 250/24 Official Journal of the European Union 20.9.2013 REGULATIONS COUNCIL REGULATION (EU) No 8972013 of 22 July 2013 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 Gabonese Republic 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 16 April 2007, the Fisheries Partnership Agreement between the Gabonese Republic and the European Community was approved by the adoption of Council Regulation (EC) No 450/2007 (1). (2)  The Union has negotiated a new protocol to the Part- nership Agreement with the Gabonese Republic granting EU vessels fishing opportunities in waters in which the Gabonese Republic exercises its sovereignty or its juris- diction with respect to fishing. At the end of those negotiations, a New Protocol was initialled on 24 April 2013. (3) On 22 July 2013, the Council adopted Decision 2013/462[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 of application of the New Protocol. (5)  If it appears that the fishing authorisations or oppor- tunities allocated to the Union by virtue of the New Protocol are not fully exhausted, the Commission will inform the Member States thereof in accordance with Council Regulation (EC) No 1006/2008 (%). If no reply (") Council Regulation (EC) No 450/2007 of 16 April 2007 on the conclusion of the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (O] L 109, 26.4.2007, p. 1). (®) See page 1 of this Official Journal. (®) Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (O] L 286, 29.10.2008, p. 33). is received within a time limit to be set by the Council, this will be considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities during the period in question. That time limit should be set. (6)  To ensure that EU vessels can continue their fishing activities, the New Protocol provides for its application by the Parties on a provisional basis from the date of its signature. This Regulation should therefore apply from the date of signature of the New Protocol, HAS ADOPTED THIS REGULATION: Article 1 1. The fishing opportunities established under the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic (hereinafter referred to as the ‘Protocol’) shall be allocated among the Member States as follows: (a) freezer tuna seiners: France 12 vessels Spain 15 vessels (b) pole-and-line tuna vessels: Spain 7 vessels France 1 vessel 2. Regulation (EC) No 1006/2008 shall apply without prejudice to the Fisheries Partnership Agreement. 3. If the applications for fishing authorisations from the Member States referred to in paragraph 1 do not cover all the fishing opportunities set by the Protocol, the Commission may take into consideration applications for fishing authori- sations from any other Member State, in accordance with Article 10 of Regulation (EC) No 1006/2008.