Jurisdiction(s):
United Kingdom

EU-UK sandeel ban dispute: TCA arbitration on best available science, proportionality, non-discrimination and balancing regulatory autonomy with co-operation in post-Brexit fisheries governance

Published on: 17 February 2025

Published by a LexisNexis Environment expert

Legal News

Article summary

Although the EU recognises that safeguarding marine ecosystems is integral to managing shared fisheries, it contests the need for a blanket ban to protect sandeel stocks, pointing out that a partial prohibition is already in force and applies to both the EU and the UK alike. The current restriction, introduced by the Council of the EU through Council Regulation (EC) No 1298/2000 of 8 June 2000, which for the fifth time amended Regulation (EC) No 850/98 on the conservation of fishery resources via technical measures to shield juvenile marine organisms, confines sandeel fishing to specific seasons so that activity occurs outside the spawning window (§67). In light of this framework, the EU asks whether there is sufficient, robust scientific evidence to justify a tougher prohibition at present. A principal worry is that a total closure would markedly harm EU economic activity, including the livelihoods of coastal fishing communities in Denmark and related onshore industries. While sandeels contribute relatively little to the UK economy, they represent substantial value for several EU coastal states, Denmark in particular. This divergence creates a conflict of interests between the environmental objectives and the economic priorities of both sides in this debate...

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