FROM THE FOREGOING CONSIDERATIONS THAT IN PRINCIPLE NO FRESH CONSULTATION OF THE COMMISSION IS REQUIRED IN THE CASE OF THE RE-ENACTMENT BY A MEMBER STATE , WITHOUT SUBSTANTIVE AMENDMENT , OF A NATIONAL MEASURE FOR THE CONSERVATION OF FISHERY RESOURCES WHICH WAS ADOPTED PREVIOUSLY IN CONFORMITY WITH THE PROCEDURAL AND SUBSTANTIVE CONDITIONS LAID DOWN BY COMMUNITY LAW . THE NOTIFICATION OF NEW NATIONAL MEASURES NEVERTHELESS CONTINUES TO BE NECESSARY , IN ORDER THAT THE COMMISSION MAY BE ACCURATELY INFORMED OF THE STATE OF THE LAW IN FORCE IN THE VARIOUS MEMBER STATES .
15 IT IS IMPORTANT TO NOTE THAT IN ITS STATEMENT OF 27 MARCH 1981 , WHICH WAS ANNEXED TO THE MINUTES OF ITS MEETING , THE COUNCIL NOTED THAT OUT OF A DESIRE TO AVOID SERIOUS DISRUPTIONS THE MEMBER STATES WOULD TAKE FOR 1981 MEASURES SIMILAR TO THOSE WHICH THEY HAD TAKEN IN PREVIOUS YEARS .
16 BY REGULATION NO 754/80 OF 26 MARCH 1980 ( OFFICIAL JOURNAL 1980 , NO L 84 , P . 36 ), THE COUNCIL FIXED , FOR 1980 , THE TOTAL ALLOWABLE CATCH FOR HERRING IN ICES DIVISION VI(A ) AT ZERO ; ON 18 NOVEMBER AND 16 DECEMBER 1980 THE COMMISSION PROPOSED THAT THE TOTAL ALLOWABLE CATCH FOR HERRING IN THE SAME DIVISION FOR THE YEAR 1981 SHOULD BE ZERO .
17 IT WAS NOT UNTIL AFTER THE BRINGING INTO FORCE OF THE 1981 MEASURES THAT , ON 12 JUNE AND 24 JULY 1981 , THE COMMISSION AMENDED ITS INITIAL PROPOSALS FOR A TOTAL ALLOWABLE CATCH OF ZERO FOR THAT YEAR - PROPOSALS WHICH HAD NOT YET BEEN ADOPTED BY THE COUNCIL - AND , ON 27 JULY 1981 , NOTIFIED THE MEMBER STATES THAT ITS LATEST PROPOSAL FOR A TOTAL ALLOWABLE CATCH OF 65 000 TONNES OF HERRING SHOULD BE REGARDED AS BINDING UPON THEM ( OFFICIAL JOURNAL 1981 , C 224 , P . 1 ).
18 ACCORDING TO THE OBSERVATIONS SUBMITTED TO THE COURT BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY , A SITUATION MAY ARISE IN WHICH A NATIONAL CONSERVATION MEASURE PREVIOUSLY ADOPTED IN COMPLIANCE WITH COMMUNITY LAW CANNOT BE RETAINED WITHOUT SUBSTANTIVE AMENDMENT - THAT IS TO SAY WHERE THE TREND REVEALED BY THE RELEVANT AVAILABLE SCIENTIFIC DATA SHOWS THAT THE EARLIER PROTECTION MEASURES ARE NO LONGER STRICTLY NECESSARY FOR THE MANAGEMENT AND CONSERVATION OF THE FISHERY RESOURCES . IT IS THEREFORE FOR THE NATIONAL AUTHORITIES TO TAKE THE INITIATIVE BY AMENDING THEIR RULES , IN CONFORMITY WITH THE PROCEDURAL AND SUBSTANTIVE CONDITIONS REFERRED TO ABOVE , IN ORDER TO ADAPT THEM TO THE NEW SITUATION .
19 THAT ARGUMENT CANNOT BE UPHELD . IF FAILS TO TAKE ACCOUNT OF THE POWER VESTED IN THE COMMUNITY SINCE 1 JANUARY 1979 TO ADOPT MEASURES FOR PROTECTION OF THE BIOLOGICAL RESOURCES OF THE SEA . THE DETERMINATION THAT THE FORMER RULES ON PROTECTION ARE NO LONGER APPROPRIATE IN THE LIGHT OF SCIENTIFIC INFORMATION NEWLY AVAILABLE AND THE ADOPTION OF THE MEASURES CALLED FOR BY THAT