Article 39

1. Until the date of integration of the specific arrangements laid down in Articles 156 to 165 and 347 to 352 of the Act of Accession of Spain and Portugal into the general rules of the Common Fisheries Policy as established by Regulation (EEC) No 3760/92, only 441 Norwegian vessels, given in Annex IV, hereinafter referred to as 'the basic list`, may be authorized to fish in ICES Divisions V b, VI and VII. During the period from the date of accession to 31 December 1995, the zone situated to the south of latitude 56° 30'N, to the east of longitude 12°W and to the north of latitude 50° 30'N is closed for fisheries other than by longliners.

2. Only 165 standard vessels for fishing for demersal species, taken from the basic list, shall be authorized to fish at the same time, provided that they appear on a periodical list adopted by the Commission.

3. 'Standard vessel` means a vessel having a break horse-power equal to 511 kilowatts (kW). The conversion rates for vessels having a different engine power shall be as follows:

- less than 219 kW:0,57,

- equal to or more than 219 kW, but less than 292 kW:0,76,

- equal to or more than 292 kW, but less than 365 kW:0,85,

- equal to or more than 365 kW, but less than 438 kW:0,90,

- equal to or more than 438 kW, but less than 511 kW:0,96,

- equal to or more than 511 kW, but less than 584 kW:1,00,

- equal to or more than 584 kW, but less than 730 kW:1,07,

- equal to or more than 730 kW, but not more than 876 kW:1,11,

- more than 876 kW:2,25,

- longliners: 1,00,

- longliners equipped with gear allowing the automatic baiting or mechanical lifting of long lines: 2,00.

4. Only 60 vessels shall be authorized for fishing for pelagic species at the same time for the period 1 December to 31 May, and 30 vessels for the period 1 June to 30 November.

5. Any adjustments to the basic list resulting from the laying-up, before accession, of a vessel for reasons of 'force majeure` shall be adopted at the latest by 1 January 1995 according to the procedure of Article 18 of Regulation (EEC) No 3760/92. These adjustments may not affect the number of vessels and their allocation between each of the categories, nor bring about an increase in overall tonnage or total power for each category. Further, Norwegian vessels designated as replacements may be chosen only from among those listed in Annex V.

6. The number of standard vessels referred to in paragraph 2 may be increased on the basis of the development of fishing possibilities allocated to Norway for stocks subject to limitations on the rate of exploitation within the meaning of Article 8 of Regulation (EEC) No 3760/92 in accordance with the procedure laid down in Article 8 (4) of that Regulation.

7. As and when vessels referred to in the basic list are laid up or scrapped and deleted from the basic list after accession, they may be replaced by vessels of the same category having an engine power not exceeding that of the vessels thus deleted.

The conditions of replacement referred to in the preceding subparagraph shall apply only insofar as the capacity of the fleet of the present Member States is not increased in the Community waters of the Atlantic.

8. Provisions aimed at ensuring that operators comply with rules, including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period, shall be adopted before 1 January 1995 under the procedure provided for in Article 8 (4) of Regulation (EEC) No 3760/92.