The European Union has achieved a significant victory against the UK at the world’s oldest arbitration institution concerning post-Brexit rights to fish sandeels, a small species found in the North Sea.
This case at the Permanent Court for Arbitration (PCA) in The Hague was viewed as a crucial indicator for possible future disputes between the UK and the EU in this contentious sector.
It also represented the first legal confrontation between the 27-member bloc and the UK since its departure from the EU in 2020.
In a detailed 298-page ruling, the PCA supported the EU’s claim that the UK was not fulfilling its commitments under the post-Brexit trade agreement.
The court directed the UK to “implement the necessary measures to comply” with the accord, which allows the EU access to British waters for several years during a post-Brexit transition period.
In March, the UK mandated an end to all fishing activities, arguing that sandeels play a crucial role in the North Sea’s marine ecosystem.
The UK’s legal representatives at the PCA contended that a decline in sandeel populations would adversely impact vulnerable species like the Atlantic puffin, seals, porpoises, and other fish such as cod and haddock.
However, the EU objected, asserting that the UK did not implement “evidence-based, proportionate, and non-discriminatory measures” when it halted fishing.
The EU is supporting Denmark in this dispute.
Danish vessels account for approximately 96% of the EU’s quota for this species, with annual sandeel catches averaging around €49 million.
This ruling could set important legal precedents for further fishing-related conflicts arising from the post-Brexit trade agreement.
According to the agreement, the EU’s fishing fleet retains access to British waters for a five-and-a-half-year transition period, which concludes in mid-2026.
After that, access to respective waters will be determined through annual negotiations.
Founded in 1899, the PCA resolves disputes between nations and private entities by referring to contracts, special agreements, and various treaties, including the UN Convention on the Law of the Sea.
