Brussels: Europe and the Arabs
A European statement issued in Brussels by the European Commission said it welcomes the final ruling by the arbitration tribunal, established under the EU-UK Trade and Cooperation Agreement (TCA) to settle the sandeel dispute, which agreed with the EU's interpretation of several key issues.
The tribunal's ruling clarifies the interpretation of the TCA and its application to fisheries management and conservation measures.
The tribunal's findings are consistent with the EU's interpretation of several key provisions of the TCA:
The tribunal emphasized the importance of taking into account the principle of proportionate measures for the conservation and management of fishery resources.
The tribunal concluded that the UK's ban on sandeel fishing in English waters of the North Sea is incompatible with the principle of proportionality under the TCA. This ban therefore contravenes the UK's obligation to grant EU vessels full access to those waters for sandeel fishing. At the same time, the tribunal recognized that both the EU and the UK enjoy regulatory autonomy, but that the exercise of this autonomy is subject to limitations. Finally, the arbitration panel emphasized that decisions regarding fisheries management and conservation measures should be based on the best available scientific evidence and be non-discriminatory.
The United Kingdom must immediately comply with the final ruling and inform the European Union within 30 days of the measures it will take. The statement concluded by saying, "The European Union will continue to work with the United Kingdom to ensure the long-term sustainability of fisheries and a mutually beneficial relationship."
It is worth noting that since March 26, 2024, the United Kingdom has imposed a ban on EU fishing vessels operating in English North Sea waters and all Scottish waters, preventing those vessels from fishing for sandeel in these areas.
The European Union raised concerns about the compatibility of the UK ban with the Free Trade Agreement.
Therefore, in April 2024, the European Union requested consultations with the United Kingdom. These consultations were intended to find a mutually acceptable solution. However, they ended without an agreed solution.
In accordance with the dispute settlement mechanism of the Trade Arbitration Agreement, an arbitration tribunal was established on November 18, 2024, to rule on the UK ban on sandeel fishing in English North Sea and Scottish waters. A hearing was held from January 28 to 30 at the Peace Palace. The Hague, where the parties presented their arguments. The Permanent Court of Arbitration (PCA) served as the arbitrator for this dispute, as agreed by the European Union and the United Kingdom.