EU launches bid to force UK into backing down over Brexit fishing ban

January 28, 2025
EU launches bid to force UK into backing down over Brexit fishing ban

A new attempt has been made by the EU to pressure the UK into reversing its stance on the Brexit fishing ban.

It is the first time since Brexit that Britain and the EU have been at odds in court over Britain's contentious restriction on sandeel fishing in its North Sea waters.

Prime Minister Keir Starmer's attempts to mend diplomatic ties and foster collaboration with the EU may be hampered by the lawsuit, which is being handled at the Permanent Court of Arbitration in The Hague.

The UK's ban on sandeel fishing, according to the EU, is against the post-Brexit Trade and Cooperation Agreement (TCA), which regulates trade and fishing rights between the two countries. 

'The UK's ban on all sandeel fishing in the seas of the North Sea nullifies rights conferred on the European Union,' attorney Anthony Dawes spoke on behalf of the EU before the three-member tribunal.

After hearing arguments for three days, the tribunal—which is made up of legal experts from South Africa, France, and New Zealand—will issue a final decision by the end of April. 

Although the lawsuit has relatively low financial stakes—the UK believes that EU fishing vessels could lose £45 million in revenue—it has significant political repercussions.

Unless the ban is lifted, the EU may take sanctions against the UK in retaliation if the tribunal finds in its favour. 

This would likely enrage British environmentalists, who support the ban for ecological reasons, and Brexiteers, who would see any compromise as a betrayal of Britain's post-Brexit sovereignty.

For Prime Minister Starmer, who is aiming to mend ties with Brussels after years of post-Brexit tension, the timing could not be worse. 

A ruling against the UK could inflame domestic opposition, weakening his ability to negotiate cooperative agreements with the EU in other areas, such as agriculture and defence.

The British government insists the ban is based on robust scientific evidence, citing studies that highlight the importance of sandeels to the North Sea's fragile ecosystem. 

These small, eel-like fish serve as a vital food source for larger fish, marine mammals, and seabirds, including puffins.

While British vessels do not target sandeels, Danish fleets rely heavily on the species, catching them for use in animal feed and oil production. 

The EU claims the UK's ban is 'discriminatory, disproportionate, and not based on the best available scientific evidence,' arguing that it unfairly restricts access for EU vessels to UK waters, a right enshrined in the TCA.

The EU's position also questions the UK's broader approach to sustainability, suggesting the ban may not align with internationally accepted standards for fisheries management.

The dispute unfolds as Starmer prepares to attend a high-profile EU retreat next Monday, where he is expected to discuss closer defence ties with European leaders. 

The meeting will focus on strengthening NATO's response to Russian aggression and addressing US demands for increased European military spending.

The UK is also seeking to finalise a veterinary agreement with the EU in the coming months. 

Such a deal would simplify agricultural and food trade, easing post-Brexit trade disruptions that have hampered British businesses.

However, the sandeel fishing case could derail these efforts. 

A ruling in favor of the EU would put Starmer in the difficult position of choosing between honoring the tribunal's decision to improve EU relations or standing firm to appease domestic critics.

The case underscores the growing tension between environmental priorities and economic interests in fisheries policy. 

Britain maintains that its ban reflects its commitment to safeguarding the resilience of North Sea ecosystems.

 Environmental groups have applauded the prohibition, warning that overfishing of sandeels could have catastrophic effects on the marine food chain.

The EU, however, accuses Britain of using environmental concerns as a pretext for undermining its fishing rights, a key sticking point in Brexit negotiations. 

For Danish fleets that rely on sandeel fishing, the ban represents a direct threat to their livelihoods, fueling resentment and calls for action from EU policymakers.

The tribunal's decision will not only determine the fate of sandeel fishing but could set a precedent for resolving future disputes under the TCA. 

The ruling may also signal how effectively post-Brexit agreements can be enforced, shaping the trajectory of UK-EU relations for years to come.

For now, all eyes are on The Hague as the two former partners square off in a legal battle that intertwines ecological concerns, economic interests, and the complex politics of Brexit.

With the court's decision months away, the outcome remains uncertain, but its implications are already reverberating through both sides of the Channel.