No L 316/34 Official Journal of the European Communities 6. 12.'84 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 / THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 171/83 of 25 January 1983 laying down certain technical measures for the conservation of fishery resources (), as last amended by Regulation (EEC) No 2664/84 (%), and in particular Article 21 thereof Whereds Article 10 of Regulation (EEC) No 171/83 provides for the possibility of using one or more repre- . sentative samples as the basis for determmmg the percentage of by-catches; Whereas it is approprlate to define the meaning of ‘representative sample ; . Whereas it is necessary to define the terms ‘small- mesh species’, ‘large-mesh species’ and ‘small-meshed nets’ ; Whereas it is appropriate to define a method of sampling to be used for determining the percentage of the by-catches of the species listed in Annex V to Regulation (EEC) No 171/83 in those regions for ‘which an entry has been made in that Annex or of cuttlefish as provided for in the first subparagraph of Article 8 (1) of Regulation (EEC) No 171/83; | Whereas it is necessary to define the inspection proce- dure for the purpose of enforcement; 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 the by-catches in accordance with the first subparagraph of Article 8 (1) of Regulation (EEC) No 171/83, fish () OJ No L 24, 27. 1. 1983, p. 14. () OJ No L 253, 21. 9. 1984, p. 1. samples taken as described in this Regulatlon 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 10 of Regulation (EEC) No 171/83. Article 2 Definition of groups of species and nets For the purpose of this Regulation : — ‘small-mesh species’ shall mean those species listed in Annex II to Regulation (EEC) No 171/83 for the region concerned, — ‘large-mesh species’ shall mean all species except those listed in Annex II to Regulation (EEC) No 171/83 for the region concerned, — ‘small-meshed nets’ shall mean all nets not -complying with Article 2 of Regulatlon (EEC) No 171/83. Article 3 Estimation of weights of fish on board If the vessel has both large-mesh species and small- mesh species on board, the representative 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 the by-catch, including any species listed in Annex V tc Regulation (EEC) No 171/83 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 (). i Article 4 - Selection of samples 1.  The samples shall be taken and the inspection procedure carried out by the inspector. ¢) OJ No L 220, 29. 7. 1982, p. 1. () OJ No L 276, 10. 10. 1983, p. 1.