Lawyers for the European Union have argued before an arbitration tribunal that the United Kingdom’s ban on sandeel fishing in the North Sea is a violation of the post-Brexit fishing rights agreement.
The EU’s legal challenge highlights the ongoing dispute over fishing access, with significant implications for both sides.
This hearing makes it the first time the two parties went to court since Brexit happened in 2020 in a case that could complicate the Labour government’s planned “reset” of relations with the bloc.
“We are here today because the UK’s prohibition of all sandeel fishing in its waters of the North Sea nullifies rights conferred on the European Union,” Anthony Dawes, counsel for the EU, told a three-person panel at the Permanent Court of Arbitration in the Hague.
The court will hear three days of arguments on whether the British ban waters breaches the EU-UK Trade and Cooperation Agreement (TCA).
The three legal experts from France, New Zealand, and South Africa have until late April to deliver a final ruling on the North Sea fishing access controversy.
In financial terms, the case is superficial as Britain is putting the revenue loss for non-UK vessels at 45 million pounds ($56.3 million) in a worst-case scenario.
Politically, however, it could prove awkward. The tribunal can uphold the ban or rule it breaches the TCA, allowing the EU to counter attack if it is not lifted.
That would anger environmentalists and Brexiteers, who could pressure Britain’s Labour government not to yield– a stance that would hamper hopes for better ties with the bloc.
British Prime Minister Keir Starmer is aet to join EU leaders for a retreat next Monday to discuss closer defence ties to counter Russia and to respond to U.S. President Donald Trump’s demand for NATO members increase military spending.
Britain is also expected to address other areas in the coming months, such as a veterinary agreement with the European Union that would ease agricultural and food trade.
It says the fishing ban reflects scientific findings on the resilience of the species and the role it plays in the food chain of predators – larger fish, marine mammals, and seabirds such as puffins.
The European Union contends the ban is discriminatory, disproportionate, and not based on the best available scientific evidence. It says the prohibition constitutes an unjustified restriction on the access of EU vessels to UK waters granted by the TCA.
