The European Commission welcomes the final ruling by the Arbitration Tribunal, established under the EU-UK Trade and Cooperation Agreement (TCA), to resolve the EU-UK sandeel dispute. The Tribunal agreed with the EUs interpretation of several key issues.

The ruling provides clarity on the interpretation of the TCA and its application to fisheries management and conservation measures.

The Tribunals findings align with the EUs interpretation of several key provisions of the TCA:

• The Tribunal affirmed the importance of applying proportional measures for the conservation and management of fisheries resources.
• It found that the UKs prohibition of sandeel fishing in English waters of the North Sea did not comply with the proportionality principle under the TCA. Consequently, the prohibition breached the UKs obligation to grant EU vessels full access to those waters to fish sandeel.
• The Tribunal acknowledged that both the EU and the UK have regulatory autonomy, but this autonomy is subject to limitations.
• Finally, the Tribunal emphasized that decisions on fisheries management and conservation measures should be based on the best available scientific evidence and be non-discriminatory.

The UK is required to immediately comply with the final ruling and inform the EU within 30 days of the measures it will take.

The EU will continue to work with the UK to ensure the long-term sustainability of fisheries and to secure a mutually beneficial relationship.

Background

Since 26 March 2024, the UK has imposed a ban on EU fishing vessels operating in the English waters of the North Sea and in all Scottish waters, preventing those vessels from fishing sandeel in these areas.

The EU raised concerns about the compatibility of the UKs ban with the TCA. 

Therefore, in April 2024, the EU requested consultations with the UK to find a mutually agreeable solution. However, consultations concluded without reaching such a solution.

In accordance with the TCAs dispute settlement mechanism, an arbitration tribunal was established on 18 November 2024 to adjudicate on the UKs prohibition of sandeel fishing in English waters of the North Sea and Scottish waters. A hearing was held from January 28 to 30 at the Peace Palace in The Hague, where the parties presented their arguments.

The Permanent Court of Arbitration (PCA) acted as the registry in this dispute, as agreed by the EU and the UK. All documents and additional information are available on the PCAs website.