The Permanent Court of Arbitration in The Hague found that the British decision to exclude EU vessels from English waters for sand eel fishing is disproportionate and therefore breaches the post-Brexit trade agreement. However, the same ban in Scottish waters was deemed lawful.
Sand eel, a small fish, is a vital food source for seabirds such as puffins and black-headed gulls. Great Britain introduced the ban in March 2024 to protect these birds and the ecosystem. The EU contested the ban, particularly due to its impact on Danish fishermen who traditionally fish for sand eel for animal feed and oil production.
The court ruled that the UK’s ban in English waters did not sufficiently consider the rights of EU fishermen during the post-Brexit transition period. Both parties interpret the ruling as a partial victory. London says there is no obligation to lift the ban immediately. Brussels views the ruling as confirmation that the UK has not fully met its obligations.
The Commission awaits formal steps from the UK to comply with the ruling. The ban on sand eel fishing remains in place for now and is expected to be fully implemented by June next year.
The issue may be discussed again during the British-European Trade Council on May 19, where both parties aim for renewed cooperation.