The UK and the EU are heading for a trade tribunal hearing over sandeel fishing in the North Sea waters, which has been banned in the UK to protect marine wildlife dependent on the species for food. However, Denmark is challenging this move, claiming it to be discriminatory and a breach of the post-Brexit trade deal. The EU is now challenging the ban in court, with a trade tribunal hearing taking place next week. This marks the first courtroom trade battle between the UK and EU since Brexit. The trade tribunal is set to last for three days, after formal talks failed to resolve the matter.
Under the post-Brexit trade agreement agreed by Boris Johnson, the case must be resolved by the end of April. If the UK’s ban is upheld, Brussels could ultimately retaliate with tariffs on British exports if the UK refuses to comply. The trade deal is due for renegotiation in June next year, and the UK is more broadly seeking a reset in its relation with the EU.
Sandeel is a small eel-like fish species, jointly managed under the trade deal, and a favourite food of other species as well as threatened seabirds such as puffins and kittiwakes. The UK has licensed its vessels not to fish the species and banned all vessels from catching the species in English waters, and it won support from conservation groups following an outright ban. However, Danish fishermen – who sell sandeel to animal feed and fish oil producers – are outraged over the ban.
The dispute hinges on whether the UK’s right to restrict trawlers for conservation reasons unreasonably restricts agreed EU fishing rights. The EU is arguing that the geographical scope of the ban is unjustified by the scientific modelling on stock levels, economic and social impacts on Danish fishing communities. The UK government’s detailed response is yet to be published
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