2. 4. 87 Official Journal of the European Communities No L 90/27 COMMISSION REGULATION (EEC) No 954/87 of 1 April 1987 on sampling of catches for the purpose of determining the percentage of target species and protected species when fishing with small-meshed nets THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (), Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986, laying down certain technical measures for the conservation of fishery resources (?), as amended by Regulation (EEC) No 4026/86 (*), and in particular Article 15 thereof, Whereas Article 2 of Regulation (EEC) No 3094/86 provides for the possibility of using one or more represen- tative samples as the basis for determining the percentage of target species and protected species ; Whereas it is appropriate to define the meaning of ‘repre-. sentative sample’; Whereas it is necessary for the purpose of this Regulation, to define the terms ‘small-mesh species’ and ‘small- meshed nets’; Whereas it is appropriate to define a method of sampling to be used for determining the percentage of target species and protected species when fishing with small- meshed nets; Whereas it is necessary to define the inspection procedure for the purpose of enforcement ; Whereas the new rules established by the present regula- tion make it necessary to repeal Commission Regulation (EEC) No 3421/84 of 5 December 1984 on sampling of - catches for the purpose of determining the by-catch percentage when fishing with small-meshed nets (*); Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Resources, HAS ADOPTED THIS REGULATION : Article 1 Representative sample For the purpose of determining the percentage of target species and protected species, as referred to in Article 2 of () OJ No L 24, 27. 1. 1983, p. 1. () OJ No L 288, 11. 10. 1986, p. 1. () OJ No L 376, 31. 12. 1986, p. 1. () OJ No L 316, 6. 12. 1984, p. 34. Regulation (EEC) No 3094/86, when fishing with small- meshed nets, fish samples taken as described in this Regulation shall be deemed to be representative of all fish either on board or on board after sorting or in the hold or on landing within the meaning of Article 2, paragraph 3 of the said Regulation. Article 2 Definition of groups of species and nets For the purpose of this Regulation : — the term ‘small-mesh species’ shall mean those autho- rized target species in Annex I of Regulation (EEC) No 3094/86 for the catches of which the reference minimum mesh size is smaller than or equal to 40 millimetres, — the term ‘small-meshed nets’ shall mean all nets the mesh size of which is smaller than or equal to 60 millimetres. Article 3 Estimation of weights of fish on board If the vessel has small-mesh species on board, the repre- sentative of the competent authorities of the Member State, hereinafter called ‘the inspector, shall determine the weight of each group of species on board necessary to calculate the percentage of target species and protected species which were caught with small-meshed nets and which have been sorted. In determining the weights the inspector shall take into account the information from any record of fishing operations (logbook) maintained in accordance with Article 3 of Council Regulation (EEC) No 2057/82(°) and Commission Regulation (EEC) No 2807/83 (). Article 4 Selection of fish samples 1.  The samples shall be taken and the inspection procedure carried out by the inspector. 2. The captain or his representative has the right to be present during the sampling. 3. The samples shall be taken from all parts of the catch comprising small-mesh species. () OJ No L 220, 29. 7. 1982, p. 1. (9 OJ No L 276, 10. 10. 1983, p. 1.