Photo: BBC/FIS

Brexit Sparks Legal Showdown: UK and EU Clash Over Fishing Rights in Court

UNITED KINGDOM
Tuesday, January 21, 2025, 00:10 (GMT + 9)

The modest sandeel is poised to take center stage in the first courtroom trade dispute between the UK and EU since Brexit.

The UK has banned European vessels from catching this small, silvery fish in its North Sea waters to safeguard marine wildlife that relies on sandeel as a vital food source, according to Paul Seddon of the BBC.

However, the EU is challenging this decision, claiming it unfairly discriminates against Danish vessels that rely on sandeel fishing, violating the terms of the post-Brexit trade agreement.

A Landmark Legal Battle

The disagreement is now heading to a three-day trade tribunal hearing after diplomatic talks failed to resolve the issue. This marks the first arbitration under the 2021 trade deal brokered by former UK Prime Minister Boris Johnson.

The case will be heard next week at the Permanent Court of Arbitration in The Hague by a panel of three mutually agreed international trade judges. The ruling, expected by the end of April, could either uphold the UK’s position or require the UK to amend or revoke the ban. If the UK refuses to comply, the EU could retaliate by imposing tariffs on British exports.

This legal battle comes at a sensitive time for UK-EU relations. Negotiations over new fishing quotas, set to begin in June 2025, will be critical as current arrangements under the trade deal expire. Meanwhile, UK Labour leader Sir Keir Starmer has expressed interest in pursuing broader agreements with the EU on issues like security and food trade as part of a "reset" in relations.

Environmental Priorities

Sandeel—a group of small, eel-like fish species—is a jointly managed resource under the trade deal. While it is not used for human consumption, it is a crucial food source for commercially important fish such as cod and haddock, as well as seabirds like puffins and kittiwakes, which are under threat.

Since 2021, the UK has effectively stopped its own vessels from fishing for sandeel, citing the need to prevent overfishing and protect the North Sea ecosystem. In 2022, the UK extended this ban to all vessels, winning praise from environmental groups. Both the Conservative government under Rishi Sunak and the subsequent Labour government have maintained the ban, citing its ecological importance.

Photo: Åse Husebø / Institute of Marine Research

The renewable energy sector has also endorsed the move, noting that conserving seabirds enhances ecosystem resilience, which is essential for expanding offshore wind farms while meeting conservation targets.

The Danish Perspective

For Denmark, the ban represents a significant economic blow. Danish fishermen dominate the EU's sandeel fishery, supplying the species to producers of animal feed and fish oil. The EU has argued that the UK’s ban lacks sufficient scientific justification and fails to account for the social and economic impact on Danish fishing communities.

Sandeel catch in the summer. Photo: Åse Husebø / Institute of Marine Research

A High-Stakes Precedent

Although the annual value of sandeel fishing in UK waters is estimated at around £45 million—a relatively small figure in the broader context of UK-EU trade—the implications of this case are significant.

Observers will closely watch how the tribunal balances the UK's right to implement conservation measures against the EU's economic rights under the trade agreement. The outcome could set a precedent for future disputes, shaping the post-Brexit trading relationship between the two sides.

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