EU requests establishment of arbitration tribunal over UK sandeel fishing prohibition

The European Union has decided to request the establishment of an arbitration tribunal under the dispute settlement mechanism of the EU–UK Trade and Cooperation Agreement (TCA) concerning the UK’s decision to prohibit the fishing of sandeel. The arbitration tribunal would rule on the compatibility of the measure with the TCA.

In effect since March 26, 2024, the prohibition of the fishing of sandeel in the English waters of the North Sea and in all Scottish waters prevents EU vessels from operating this sustainable fishery.

The EU has questioned the compatibility of this prohibition with the TCA. For this reason, in April 2024, the EU 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.

When it comes to 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 (ICES), which allows for harvesting fish stocks at levels that allows them to reproduce at their maximum capacity and maintain healthy population levels.

The EU reiterates it 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.