EU welcomes final ruling of Arbitration Tribunal on EU-UK sandeel dispute

This article is brought to you in association with the European Commission.

The European Commission welcomes the final ruling by the Arbitration Tribunal, established under the EU-UK Trade and Cooperation Agreement (TCA) to settle the EU-UK sandeel dispute, which agreed with the EU’s interpretation of several key issues.

The Arbitration Tribunal’s ruling provides clarity on the interpretation of the TCA and its application to fisheries management and conservation measures.

The Arbitration Tribunal’s findings are in accordance with the EU’s interpretation of several key provisions of the TCA:

• The Arbitration Tribunal affirmed the importance of having regard to the principle of applying proportionate measures for the conservation and management of fisheries resources.
• The Arbitration Tribunal found that the UK prohibition of fishing sandeel in English waters of the North Sea did not comply with the proportionality principle under the TCA. Consequently, the prohibition breached the UK’s obligation to grant EU vessels full access to those waters to fish sandeel.
• At the same time, the Arbitration Tribunal acknowledged that both the EU and the UK have regulatory autonomy, but that the exercise of this autonomy is subject to limitations.
• Finally, the Arbitration Tribunal emphasised that decisions on fisheries management and on conservation measures should be based on the best available scientific evidence and that they should be non-discriminatory.

The UK is required to immediately comply with the final ruling and shall inform the EU within 30 days of the measures it will take.

The EU will continue to work with the UK to ensure the long-term sustainability of fisheries and to ensure a mutually beneficial relationship.

Background

Since 26 March 2024, the UK has imposed a ban on EU fishing vessels operating in the English waters of the North Sea and in all Scottish waters, preventing those vessels from fishing sandeel in these areas.

The EU raised concerns regarding the compatibility of the UK’s ban with the TCA. 

Therefore, in April 2024, the EU requested consultations with the UK. The aim of these consultations was to find a mutually agreeable solution. However, consultations concluded without reaching such a mutually agreed solution.

In accordance with the TCA’s dispute settlement mechanism, an arbitration tribunal was established on 18 November 2024 to adjudicate on the UK’s prohibition of sandeel fishing in English waters of the North Sea and Scottish waters. A hearing was held from January 28 to 30 at the Peace Palace in the Hague, where the parties presented their arguments.

The Permanent Court of Arbitration (PCA) acted as the registry in this dispute, as agreed by the EU and the UK. All documents and additional information are available on the PCA’s website.