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 resources1,

Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986, laying down certain technical measures for the conservation of fishery resources2, as amended by Regulation (EEC) No 4026/863, and in particular Article 15 thereof,

Whereas Article 2 of Regulation (EEC) No 3094/86 provides for the possibility of using one or more representative samples as the basis for determining the percentage of target species and protected species;

Whereas it is appropriate to define the meaning of ‘representative 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 regulation 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 nets4;

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: