The EU has requested the establishment of arbitration tribunal over the UK’s prohibition of fishing of sandeel in English and Scottish waters. Photo: Marine Directorate Scotland
The European Union has escalated its dispute with the United Kingdom regarding the prohibition of sandeel fishing, formally requesting the establishment of an arbitration tribunal under the EU–UK Trade and Cooperation Agreement (TCA).
The tribunal will assess whether the UK’s restriction, in effect since 26 March 2024, aligns with the principles of the TCA.
The prohibition impacts English waters within the North Sea and all Scottish waters, effectively barring EU vessels from accessing a significant portion of this shared fishery. The EU contends that the UK’s move may violate the TCA, which mandates that decisions affecting shared resources be non-discriminatory, proportionate, and based on scientific evidence. Following initial consultations between the two parties in April 2024, which concluded without a resolution, the EU now seeks arbitration as the next procedural step.
EU representatives have highlighted that decisions on shared stocks like sandeel are generally guided by independent advice from the International Council for the Exploration of the Sea (ICES). ICES assessments are designed to support the sustainable harvest of fish stocks, allowing populations to reproduce at optimal levels while maintaining ecosystem balance. According to the EU, ICES recommendations account for the role of sandeel as a food source for marine predators, including seabirds and marine mammals, ensuring a balanced approach to sustainability.
“This dispute goes beyond economics; it’s about adherence to our agreed framework for fisheries sustainability and the shared responsibility to uphold it,” noted an EU official. “We remain open to collaboration with the UK to resolve this matter and are committed to upholding sustainable fisheries practices that benefit both ecosystems and economies.”
The EU has underscored the importance of protecting marine ecosystems through initiatives like the EU Biodiversity Strategy for 2030 and the Marine Action Plan, positioning this arbitration request as a measure to ensure the TCA’s principles are upheld. Despite a generally positive cooperative framework under the TCA, including through the Specialised Committee on Fisheries, the EU asserts that unilateral prohibitions threaten the balance of shared marine resources.
As both sides prepare for arbitration, the EU has called for solidarity in maintaining science-based management for shared fisheries resources. “If allowed to persist, restrictions like this could set a concerning precedent for other shared stocks,” said the official. Arbitration proceedings are anticipated to begin in the coming months.
The EU’s next legal steps in its dispute with the UK over the sandeel fishing ban, under the Trade and Cooperation Agreement (TCA), involve several formal stages:
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Arbitration Tribunal Request: Following unresolved consultations with the UK, the EU has formally requested the establishment of an arbitration tribunal. This tribunal will examine whether the UK’s ban on sandeel fishing is compatible with the TCA requirements, specifically regarding non-discrimination, proportionality, and adherence to scientific evidence in decisions affecting shared resources.
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Formation of Tribunal: Under the TCA, both parties must agree on arbitrators to form the tribunal. If an agreement on arbitrators is not reached, each party may nominate one arbitrator, and a third-party chairperson will be selected jointly or appointed if consensus cannot be achieved.
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Evidence Submission and Hearings: The tribunal will accept evidence from both parties, including the EU’s case that the sandeel ban violates the TCA terms. Evidence may include scientific advice from the International Council for the Exploration of the Sea (ICES) and arguments that the prohibition is discriminatory or harmful to EU economic interests.
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Tribunal Ruling: Once hearings conclude, the tribunal will issue a ruling on the legality of the UK’s sandeel ban under the TCA. If the ruling favours the EU, it may require the UK to lift or amend the ban to comply with the TCA terms.
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Potential Remedies or Countermeasures: Should the UK fail to comply with a ruling in favour of the EU, the EU may seek authorised countermeasures. These could include restrictions on UK fishing rights in EU waters or other trade measures proportional to the violation.
The EU remains open to reaching a mutually agreed solution, but the formal arbitration process will proceed if compliance is not achieved. This multi-step legal process reinforces the EU’s commitment to managing shared marine resources through the TCA’s dispute resolution mechanisms.