UK Government response to UK-Sandeel arbitration tribunal final report

The UK Government has received the final ruling from the Sandeel Arbitration Tribunal regarding its decision to close North Sea waters to sandeel fishing. While the UK won most of its arguments, the Tribunal found a procedural error in the closure of English waters, though the closure of Scottish waters was fully upheld as valid.

Why Were Waters Closed?

In March 2024, the UK and Scottish Governments banned sandeel fishing in North Sea waters to protect vulnerable seabirds and support marine ecosystems. However, in April 2024, the EU challenged the decision, arguing that the closures were unfair. The dispute was referred to an arbitration tribunal in October 2024.

Key Findings from the Tribunal

• The UK successfully demonstrated that both closures were scientifically justified and followed non discrimination principles.
• The Scottish closure was found to be fully proportional and legally sound.
• However, the Tribunal ruled that the UK did not sufficiently consider the proportionality of EU rights during the adjustment period for English waters, as required under the UK-EU Trade and Cooperation Agreement (TCA).

What Happens Next?

The UK is not legally required to reverse the English waters closure while working to comply with the Tribunal’s ruling. However, the Government has committed to a fair process to align with the Tribunal’s findings and remains committed to protecting seabirds and marine life while honouring its international agreements, as well.

With appreciation to Amineh Farasatmand for her contribution in preparing this blog.