The EU Commission has welcomed the International Court of Arbitration’s ruling on its case against the UK over its sandeel fisheries ban
EU Hails Arbitration Win Over UK Sandeel Ban as Victory for Proportionate Fisheries Rules
The European Commission has welcomed the final ruling of the Arbitration Tribunal in the long-running sandeel dispute with the United Kingdom, declaring it a clear win for the EU’s interpretation of key provisions under the post-Brexit Trade and Cooperation Agreement (TCA).
In its verdict, the Tribunal found that the UK’s 2024 prohibition on EU fishing vessels targeting sandeel in English waters of the North Sea violated its TCA obligations. The panel concluded the UK’s ban breached the principle of proportionality, which underpins fisheries conservation measures agreed between the two sides.
“This ruling provides much-needed clarity on how conservation and fisheries access must be managed under the TCA,” the European Commission said in a statement. “It supports the EU’s long-held view that unilateral UK actions restricting access to sandeel grounds were not only disproportionate but also in breach of the agreement.”
The Arbitration Tribunal, convened under the TCA’s dispute settlement mechanism, determined that:
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The UK’s outright ban on sandeel fishing for EU vessels in English waters was not proportionate to the conservation objective.
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While both parties retain regulatory autonomy under the TCA, such autonomy is subject to legal limits.
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Decisions on fisheries access and conservation must be grounded in the best available scientific evidence and must not discriminate between domestic and foreign vessels.
The ruling obliges the UK to take immediate corrective action and to inform the EU within 30 days of the measures it intends to implement.
Background to the Dispute
On 26 March 2024, the UK implemented a blanket ban on sandeel fishing in English and Scottish waters for all vessels, citing ecological concerns and the need to protect forage fish crucial to the marine food web, including seabirds like puffins.
The EU raised objections, arguing that the UK’s action was neither evidence-based nor compliant with its commitments under the TCA. After failing to reach a resolution through consultations in April 2024, the EU initiated formal arbitration proceedings in November. A hearing was held at The Hague’s Peace Palace in January 2025, under the auspices of the Permanent Court of Arbitration.
The sandeel fishery, although small in consumer terms, plays a major role in the supply chain for fishmeal and fish oil, and holds particular importance for Danish and Dutch vessels operating in the North Sea.
The Commission concluded by stating it “remains committed to working with the UK to ensure long-term sustainability of shared fish stocks, while upholding a balanced and mutually respectful fisheries relationship.”
Source: EU Commission
