EU requests establishment of arbitration tribunal over the UK’s prohibition of fishing of Sandeel

The EU has requested the establishment of an arbitration tribunal under the dispute settlement mechanism of the EU–UK Trade and Cooperation Agreement (TCA) regarding the United Kingdom’s decision to prohibit sandeel fishing. The tribunal would assess the compatibility of this measure with the TCA.

Since 26 March 2024, this prohibition applies to fishing in English waters of the North Sea and all Scottish waters, restricting EU vessels from accessing the sandeel fishery. The EU has questioned the alignment of this ban with the TCA and, in April 2024, initiated consultations with the UK to seek a mutually acceptable resolution. With consultations concluding without an agreement, the EU remains open to one, and the next step in the dispute settlement process is the establishment of an arbitration tribunal.

When managing shared resources, the EU and UK are expected to make non-discriminatory, proportionate decisions based on the best available scientific evidence. Fishing opportunities for sandeel are established based on scientific advice from the International Council for the Exploration of the Sea, which supports sustainable stock management. The EU is committed to promoting environmental, social, and economic sustainability, acting to protect and restore marine ecosystems under the common fisheries policy, the EU Biodiversity Strategy for 2030, and in line with TCA obligations.

The Sandeel season ended in July, concluding a challenging year for the fishery with no access to fishing in UK waters where the EU fishery has traditionally taken place. This year EFFOP estimates that the total EU uptake was 90,000 tonnes, 72% of the allocation.

EFFOP expresses its full support for the EU’s recent request to initiate an arbitration tribunal under the Trade and Cooperation Agreement (TCA) framework.