EU, Britain court battle begins over post-Brexit fishing rights

Sarhan Basem
Credits: Reuters

The Hague (Brussels Morning Newspaper) – The European Union and Britain go to court for the first time on January 28, 2025, to settle a disagreement over post-Brexit fishing rights.

The Permanent Court of Arbitration in the Hague, with a three-person panel, will attend arguments from both flanks for three days on whether a UK prohibition on fishing sandeels in its North Sea waters violates the EU-UK Trade and Cooperation Agreement (TCA), Reuters reported.

The three legal professionals from New Zealand, France, and South Africa have until late April to give a conclusive ruling. On the other hand, British PM Keir Starmer is due to join hands with European Union leaders for a retreat and debate closer defense relations to counter Russia and to react to U.S. President Donald Trump’s directive that NATO members boost military spending.

How does the UK justify its sandeel fishing ban?

The UK government has banned any fishing of sandeel by European fisheries in its waters as it protects the marine wildlife that feeds on this fish. To this end, the ban extends to all vessels in both English and Scottish waters. The UK government submits that the grounding of the ban on the fishing of sandeel is based on scientific advice that aims to strengthen the resilience of marine ecosystems. 

For example, the fish and seabirds rely considerably on the sandeels. The implementation of such a ban can be regarded as an important measure toward not overfishing and not jeopardizing biodiversity in the North Sea. According to the UK, it is in its power due to more influence in terms of water management as a consequence of Brexit and exiting the EU Common Fisheries Policy.

Why does the European Union oppose Britain’s sandeel ban?

Conversely, the European Union claims that the UK is discriminatory and disproportionate in banning fishing on sandeels, which denies access to its waters by the EU vessels, particularly from Denmark, where it heavily relies on the catch of sandeels. The EU states that, though the UK may conserve fish resources, this has to be on the basis of evidence and must be proportionate. 

The EU claims that the UK’s ban lacks justification based on scientific assessments of sandeel stock levels. It argues that fluctuations in sandeel populations are primarily due to natural mortality rather than fishing activity. 

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Sarhan Basem is Brussels Morning's Senior Correspondent to the European Parliament. With a Bachelor's degree in English Literature, Sarhan brings a unique blend of linguistic finesse and analytical prowess to his reporting. Specializing in foreign affairs, human rights, civil liberties, and security issues, he delves deep into the intricacies of global politics to provide insightful commentary and in-depth coverage. Beyond the world of journalism, Sarhan is an avid traveler, exploring new cultures and cuisines, and enjoys unwinding with a good book or indulging in outdoor adventures whenever possible.
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