Brexit fishing row heads for trade court showdown

A brewing post-Brexit fishing dispute between the UK and the EU is set to unfold in a courtroom, with the lowly sandeel fish at the center of the conflict. The UK recently implemented a ban on European vessels fishing for sandeels in its North Sea waters, citing the need to protect marine wildlife, which depend on the species for food. However, the EU has expressed strong opposition to the move, arguing that it discriminates against Danish fishermen, who commercially fish for sandeel, thus breaching the post-Brexit trade deal.

The disagreement is now heading for a formal three-day trade tribunal hearing at the Permanent Court of Arbitration in The Hague. This will be the first arbitration between the UK and EU under the 2021 post-Brexit trade agreement. The case, scheduled to start on Tuesday, will be heard by a panel of three international trade judges, chosen by both parties. The court’s ruling could either uphold the UK’s position, or it could force the UK to reverse or amend its sandeel fishing ban. If the latter occurs, the EU could retaliate by imposing tariffs on UK exports, should the UK fail to comply.

The UK’s move to ban sandeel fishing was initiated in response to the species’ key role in the marine food chain. Sandeels are a vital food source for cod, haddock, and various seabird species such as puffins and kittiwakes, all of which are facing environmental pressures. The UK’s ban, implemented in 2021, has effectively restricted domestic fishing of the species through licensing measures. In March 2023, the UK government extended this ban to all vessels, including EU boats, to further protect the North Sea’s ecosystem. The Scottish government, led by the SNP, also imposed a similar ban in Scottish waters.

This move by the UK has garnered significant praise from environmental groups and conservationists who have long advocated for stronger protections for marine life. The ban has also found support across political lines, with figures from the Labour Party, including Sir Keir Starmer, continuing the policy after the Labour government took power in July 2023. Environmental groups hailed the decision, arguing that protecting sandeel stocks was crucial for safeguarding the wider marine ecosystem.

However, the decision has deeply angered Danish fishermen, who rely on sandeel fishing as part of their commercial operations. Under the post-Brexit trade deal, Danish vessels are granted rights to fish for sandeel in UK waters. These vessels typically sell the fish to animal feed and fish oil producers, making it a significant industry in Denmark. The EU claims that the UK’s sandeel ban unjustly restricts the fishing rights agreed upon in the trade deal, arguing that the ban is not adequately supported by scientific evidence or economic considerations. According to the EU, the ban could have severe economic consequences for the Danish fishing communities that depend on the sandeel catch.

In response, the UK has defended its actions, asserting that the ban is based on sound scientific advice aimed at conserving the marine ecosystem. The UK argues that the EU has failed to present any alternative scientific models to justify a different course of action. Furthermore, the UK’s position is that the trade agreement itself allows for environmental protections to take precedence when it comes to the sustainability of marine life. The UK’s legal team has argued that it is well within its rights to impose such measures for the sake of conservation, especially given the environmental challenges facing the North Sea.

The case will be closely scrutinized not just for its potential economic impact on the fishing industry but also for how it addresses the balance between environmental protection and economic rights. Despite sandeel fishing being a relatively small industry worth around £45 million annually, it is symbolic of broader tensions surrounding post-Brexit trade relations. The issue is also being monitored by other industries, including renewable energy, which argue that protecting seabird populations is crucial for the successful development of offshore wind farms.

The outcome of this tribunal could set a precedent for future disputes between the UK and the EU regarding post-Brexit trade terms, particularly in the realm of environmental conservation. It will also have far-reaching consequences for the UK’s relationship with the EU in terms of fishing rights and conservation efforts.

While the UK government has gained support from environmentalists, political figures, and the renewable energy sector, it faces a complex legal battle with the EU. The trade tribunal’s ruling, expected by April 2024, will have implications not just for sandeel fishing but also for the broader dynamics of UK-EU relations post-Brexit. If the UK is ordered to lift the ban, it could result in tariffs on UK exports, potentially escalating tensions between the two sides. However, if the ruling is in the UK’s favor, it will reinforce the country’s right to enforce conservation measures even at the expense of economic interests within the EU. This decision will undoubtedly shape future negotiations between the UK and EU on fishing rights and environmental policies, influencing trade relationships in years to come.