- The UK Government has received the sandeel Arbitration Tribunal’s final ruling in the UK-Sandeel case.
- While the UK succeeded in the majority of its arguments, the Tribunal identified a procedural error in the decision to close English waters.
- The ruling does not mean the UK is legally obliged to reverse the closure of English waters, and the decision to close Scottish waters was fully upheld.
- The government will undertake a process in good faith to bring the UK into compliance.
The sandeel Arbitration Tribunal has published its final ruling.
This relates to decisions taken in March 2024 by the UK and Scottish Governments to close our North Sea Waters to sandeel fishing. The decisions were taken to protect vulnerable seabird populations and support the wider marine environment.
In April 2024, the EU launched dispute proceedings to challenge the closures. In October 2024, the EU referred the challenge to an arbitration tribunal to rule on the dispute.
The report found that the UK successfully demonstrated that the measures taken to close English and Scottish waters were based on the best available science and had sufficient regard to the principle of non-discrimination. The tribunal also found that the Scottish measures had sufficient regard to the principle of proportionality.
The Tribunal found that during the decision-making process to close English waters to sandeel fishing, the UK did not have sufficient regard to the principle of proportionality, specifically in relation to EU rights during the adjustment period – a requirement under the UK-EU Trade and Cooperation Agreement (TCA).
The government will now undertake a process in good faith to bring the UK into compliance.
There is no legal obligation for the UK to reverse the closures while the compliance process takes place, and the report does not indicate that compliance must require reversing the closures.
A government spokesperson said:
We welcome the clarity provided by this decision, and we will undertake a process in good faith to bring the UK into compliance on the specific issues raised by the Tribunal.
The ruling does not mean the UK is legally obliged to reverse the closure of English waters, and the decision to close Scottish waters was fully upheld.
We remain committed to protecting our seabirds and the wider marine environment, in accordance with our commitments to the TCA and other international agreements.
Disputes and the use of resolution mechanisms are a normal part of a mature relationship with international partners. We will continue to act in the national interest as we work towards a strong and lasting partnership with our European neighbours.
