UK succumbs to EU's demands in post-Brexit fishing spat
In a recent courtroom showdown, the Permanent Court for Arbitration (PCA) in The Hague took on the role of referee in a heated dispute between the EU and the UK, a bout that seemed poised to set the stage for future squabbles in the contentious fishing industry.
This high-stakes case was a historical first for both parties since Britain's departure from the EU in 2020. The 298-page, tough-talking judgment by the PCA favored the EU's argument that Britain was falling short on fulfilling its post-Brexit promises, specifically concerning access to UK waters for fishing sandeels.
The court asserted, "It's on you, UK, to grant full access to your waters to fish sandeels, in accordance with the Trade and Cooperation Agreement." They stressed the necessity for London to take immediate action and comply with the agreement, which extended the EU's access to British waters during a post-Brexit transition period.
Even though Britain clamped down on fishing back in March, citing conservation concerns for the North Sea's delicate ecosystem, the EU sees it as a biased, evidence-light move. Brussels isn't shy about pointing fingers, accusing Britain of applying "arbitrary, emotional, and discriminatory measures" when it halted the fishing.
Denmark, a key ally of Brussels, bears the brunt of this fishing feud since their vessels take an astounding 96% of the EU's annual sandeel quota, pulling in a hefty £41 million ($54 million) in the process.
The European Commission expressed satisfaction with the decision, urging the UK to promptly act upon it and furnish them with detailed information about the steps taken to implement the agreement's execution within the next 30 days.
The court's decision clarified the interpretation of the EU-UK post-Brexit agreement as it pertains to fisheries management and conservation. This ruling could pave the way for a wealth of jurisprudence when it comes to future arguments over fishing rights stemming from the post-Brexit deal.
Per the agreement, the EU's fishing fleet secured access to British waters for a five-and-a-half-year transition period that concludes mid-2026. However, from then on, access to respective waters will shift to annual negotiations.
Amid the tension, the EU still aims for a mutually rewarding fishing partnership with the UK. Yet, the EU spokesperson for fisheries, Maciej Berestecki, insists that England must now communicate its strategy for complying with the ruling.
Founded in 1899, the PCA specializes in mediating disputes among nations and private parties by looking to contracts, special agreements, and various treaties, such as the UN Convention on the Law of the Sea.
© 2025 AFP
Insights:- The arbitration panel passed a split decision, finding the UK's sandeel fishing ban in English North Sea waters to be excessive but upholding the ban on Scottish waters, dismissing EU allegations of discrimination or lack of scientific basis.- The UK enacted the ban out of concerns for sandeels' role as a key component in the North Sea's food chain, supporting larger marine life, mammals, and birds. British boats don't fish for sandeels, while Danish fleets do, primarily for animal feed and oil.- The financial implications of the ruling are relatively minimal, with potential revenue losses for non-UK vessels estimated at £45 million ($60 million) in the worst-case scenario.- The dispute's political ramifications might complicate ongoing negotiations between the UK and EU, with a planned May 19 summit focusing on improving relations, where fishing rights potentially will be a contentious topic.- The UK government views the ruling as legitimizing its stance on Scottish waters, but it acknowledges the need to address the matter in English waters. Meanwhile, the EU is still reviewing the judgment.
- The United Kingdom was told by the Permanent Court for Arbitration (PCA) to grant full access to its waters for fishing sandeels, as stated in the Trade and Cooperation Agreement between the EU and the UK.
- Despite the UK's prior ban on fishing sandeels in the North Sea due to conservation concerns, the PCA found the ban excessive only in English waters, not Scottish ones, dismissing EU allegations of discrimination or lack of scientific basis.
- The EU expressed satisfaction with the PCA's decision, urging the UK to immediately comply and provide detailed information about the steps taken to implement the agreement in the next 30 days.
- The PCA's ruling could set a precedent for future arguments over fishing rights stemming from the EU-UK post-Brexit deal, focusing on fisheries management and conservation policies in the United Kingdom.
