Arbitration judges considering EU-UK post-Brexit sand eel fishing ban in British waters

An arbitration hearing examining the UK’s ban on fishing for sand eels in British waters is coming to a close today in the first trade-related post-Brexit court battle.

The EU is challenging Britain’s ban on European vessels catching the silvery fish species in its North Sea waters to protect marine wildlife that depend on it for food.

The EU argues the ban goes against a trade deal struck after Brexit and discriminates against Danish vessels that fish sand eels commercially, primarily for animal feed and as a source of oil.

The hearing in The Hague started on January 28 after talks to resolve the issues had failed.

If the tribunal finds that the UK has breached the obligations set out in the UK-EU Trade and Cooperation Agreement (TCA), it will have up to 30 days to set out how Britain needs to comply with trade obligations.

If the party does not comply with the ruling, then the complaining party can request compensation or retaliate by suspending certain provisions of the agreement.

The TCA has been in force since January 2021 and the UK introduced the sand eels ban in March 2024 to protect the species in the North Sea and in all Scottish waters. 

However, the EU disputes the ban, claiming it is discriminatory, disproportionate, and not based on the best available scientific evidence.

Sand eels are small fish that travel in shoals. They are a staple food for puffins. 

According to the Royal Society for the Protection of Birds, sand eels are the main prey of many seabird species in the breeding season, and are therefore important in sustaining their populations in the UK and wider North Atlantic.

UK authorities enforced the ban to increase the availability of sand eels and boost the resilience of marine species that rely on them. EU vessels, primarily from Denmark, had almost 97% of the available quota allocation for sand eels in UK waters before the closure.