The outcome of the challenge to the UK’s decision to close down sandeel fishing in its waters has resulted in a complex situation under which the ban has been ruled in breach of the TCA, while the tribunal also found both English and Scottish bans to be in line with the best available scientific evidence.
The UK now has to work within a 30-day deadline to state how it intends to comply with the ruling, which is binding and cannot be appealed.
The arbitral tribunal ruled in favour of the EU that the ban on sandeel fishing in the English part of the North Sea was disproportionate and thus in breach of the current Trade and Cooperation Agreement (TCA) between the EU and the UK. The court found that the ban in English waters constituted an excessive interference with the rights of EU fishermen and did not take sufficient account of the balance between environmental and socio-economic considerations required by the TCA. The ban was therefore found to be in breach of the agreement.
On the other hand, the tribunal did not uphold the EU’s arguments on other aspects of the challenge and found that bans in both English and Scottish waters are based on a sufficient scientific basis. The court also found that the bans were not discriminatory against EU fishermen, as these apply to all vessels, regardless of nationality.
‘It is positive that the arbitration tribunal has ruled in favour of the EU Commission that the UK went too far by introducing a full ban on sandeel fishing in English waters. We have followed the case closely and contributed actively at both Danish and European level, including by providing consultation responses to the UK and Scottish authorities,’ said Marine Ingredients Denmark’s CEO Anne Mette Bæk.
‘It is less positive that the court did not uphold what is the best available scientific advice. Marine Ingredients Denmark has repeatedly highlighted that the UK’s decision goes against the impartial and scientific advice from ICES. The management of sandeel fishing takes into account the ecosystem and the various marine species that depend on sandeel as an important part of their food chain.’
The case arises from the Trade and Cooperation Agreement (TCA), which was concluded between the EU and the UK after Brexit and entered into force in 2021. The agreement establishes, among other things, the framework for fishing and access to waters, and it was in this context that the EU brought the case to the arbitration court.
‘We now look forward to seeing how the UK will comply with the ruling,’ Anne Mette Bæk said.
‘The sandeel case is central to the Danish fishing and processing industry, as sandeel is a key ingredient in the production of fishmeal and oil for feed in aquaculture. A permanent closure of the fishery would not only have major economic consequences – it would also threaten the security of supply of important marine ingredients for the entire blue value chain.’
The closure of the sandeel fishery has had a direct impact on the Danish fishmeal and fish oil industry. In 2024, Marine Ingredients Denmark’s members were allocated quotas for 89,000 tonnes of sandeel – a 50,000-tonne decrease compared to the previous year.
