The European Union has will request the establishment of an arbitration tribunal under the dispute settlement mechanism of the EU–UK Trade and Cooperation Agreement (TCA) relating to the UK decision to prohibit sandeel fishing.
The arbitration tribunal would rule on the compatibility with the TCA of the UK prohibition of the fishing of sandeel in the English waters of the North Sea and in all Scottish waters, effective as of 26th March 2024, preventing EU vessels from operating in this sustainable fishery.
The EU questions the compatibility of this prohibition with the TCA and earlier this year requested consultations with the UK to find a mutually agreeable solution, formally initiating proceedings under the TCA dispute settlement mechanism. Consultations concluded without reaching such a mutually agreed solution, to which the EU remains open. The establishment of an arbitration tribunal constitutes the next step of the dispute settlement procedure.
Danish MEP Asger Christensen has welcomed this development, commenting that the closure was a severe blow to Danish fishermen who had invested in fishing rights.
‘The UK ignored both the Brexit agreement and the scientific advice, which stated that we could safely fish for sandeel,’ he said.
‘An agreement is an agreement. So the British are not going to get away with that kind of daylight robbery. I am delighted and proud that we have now succeeded in getting the EU to open an arbitration case against the UK for breach of the Brexit agreement.
‘This is a very big step towards re-establishing responsible management of the sandeel fishery in the North Sea,’ said Esben Sverdrup-Jensen, CEO of the Danish Pelagic PO.
‘This is absolutely crucial for Danish fishermen, for the processing sector and for the coastal communities that depend on a stable and sustainable supply of raw materials.’
The European Commission states that in managing shared resources, all decisions taken by the EU or the UK must be non-discriminatory, proportionate to the objectives and based on the best available scientific evidence.
‘The EU and the UK set fishing opportunities for sandeel on the basis of state-of-the art independent advice from the International Council for the Exploration of the Sea, which allows for harvesting fish stocks at levels that allows them to reproduce at their maximum capacity and maintaining healthy population levels,’ the Commission stated.
‘The EU is committed to promoting environmental, social and economic sustainability. It acts to protect and restore marine ecosystems for sustainable and resilient fisheries under the common fisheries policy and the EU Biodiversity Strategy for 2030, and in line with its commitments under the TCA.’
