The UK and the European Union (EU) will engage in their inaugural legal confrontation at the Permanent Court of Arbitration in The Hague, centred on a contentious post-Brexit dispute regarding fishing rights.
The disagreement, which focuses on a British prohibition of sandeel fishing in North Sea territories, challenges the terms outlined in the EU-UK Trade and Cooperation Agreement (TCA).
A panel consisting of three legal experts from France, New Zealand, and South Africa is tasked with resolving the issue within a three-day hearing, with a verdict expected by late April.
While the financial stakes are relatively low—estimated at a loss of £45 million for non-UK vessels in a worst-case scenario—the case could significantly influence political relations, particularly as it pertains to Britain’s efforts to “reset” its interactions with the EU.
The tribunal’s decision could either validate the UK’s fishing ban or declare it a breach of the TCA, potentially prompting EU retaliatory measures.
Such an outcome could provoke environmentalists and supporters of Brexit, potentially complicating the Labour government’s position under Prime Minister Keir Starmer.
Starmer’s upcoming meeting with EU leaders, where topics such as defence collaborations against Russian aggression and responses to U.S. demands for increased NATO spending will be discussed, underscores the broader geopolitical context of this legal dispute.
Moreover, Britain is looking to enhance relations with the EU in other areas, including a possible veterinary agreement to simplify agricultural and food trade.
The UK defends its sandeel fishing ban as a necessary measure based on scientific assessments of the species’ sustainability and its ecological significance.
Although British fleets do not harvest these small, eel-like fish, they are crucial for Danish fishing operations, serving as animal feed and an oil source.
Conversely, the EU criticizes the ban as biased, excessive, and not grounded in robust scientific evidence, arguing that it unjustly restricts EU vessels’ access to UK waters as granted by the TCA.
