Britain and EU face off in court over post-Brexit fishing rights
The court will hear three days of arguments on whether the British ban waters breaches the EU-UK Trade and Cooperation Agreement (TCA). Representatives of the United Kingdom and the European Union look on as Britain and the European Union face a hearing at the Permanent Court of Arbitration in the first post-Brexit trade dispute that has gone to arbitration over a ban on catching sandeels in British waters, in The Hague, Netherlands, January 28, 2025. Reuters
Lawyers for the European Union on Tuesday told an arbitration tribunal that Britain's ban of fishing for sandeels in its North Sea waters breached an agreement on fishing rights both sides struck after Brexit.
The hearing marks the first time the two parties went to court since Britain left the EU in 2020 in a case that could complicate the Labour government's planned "reset" of relations with the bloc.
"We are here today because the UK's prohibition of all sandeel fishing in its waters of the North Sea nullifies rights conferred on the European Union," Anthony Dawes, counsel for the EU, told a three-person panel at the Permanent Court of Arbitration in the Hague.
The court will hear three days of arguments on whether the British ban waters breaches the EU-UK Trade and Cooperation Agreement (TCA).
The three legal experts from France, New Zealand, and South Africa have until late April to deliver a final ruling.
In financial terms, the case is trifling. Britain puts the revenue loss for non-UK vessels at 45 million pounds ($56.3 million) in a worst-case scenario.
Politically, it could prove awkward.
The tribunal can uphold the ban or rule it breaches the TCA, allowing the EU to retaliate if it is not lifted.
That would upset environmentalists and Brexiteers, who could pressure Britain's Labour government not to yield, a stance that would hamper hopes for better ties with the bloc.
British Prime Minister Keir Starmer is due to join EU leaders for a retreat next Monday to discuss closer defence ties to counter Russia and to respond to US President Donald Trump's demand that NATO members increase military spending.
Britain is also expected to address other areas in the coming months, such as a veterinary agreement with the EU that would ease agricultural and food trade.
It says the fishing ban reflects scientific findings on the resilience of the species and the role it plays in the food chain of predators - larger fish, marine mammals, and seabirds such as puffins.
British boats do not fish for the small, eel-like fish, but it is caught by Danish fleets and used as animal feed and a source of oil.
The EU contends the ban is discriminatory, disproportionate, and not based on the best available scientific evidence. It says the prohibition constitutes an unjustified restriction on the access of EU vessels to UK waters granted by the TCA.
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