Following public consultations in 2023 on sandeel fisheries management in English and Scottish waters, on 31 January 2024 the UK government announced its “decision to prohibit the fishing of sandeels within English waters of ICES Area 4 (North Sea)”, effective 26 March 2024. On 1 February 2024, the Sandeel (Prohibition of Fishing) (Scotland) Order 2024 was also made (effective 26 March 2024), providing that “[f]ishing for sandeel is prohibited within the Scottish zone”. The measures applies to all vessels of any nationality and took effect prior to the start of the sandeel fishing season on 1 April 2024. The stated aims of the prohibitions are to bring “about wider environmental and ecosystem benefits”, by reference to sustainable fisheries management, the protection of sensitive marine species and the precautionary approach to the protection of marine ecosystems.
On 16 April 2024, the EU submitted a written request for consultations with the UK under the dispute settlement mechanism of the EU-UK Trade and Cooperation Agreement (TCA) regarding the UK’s decision to prohibit the fishing of sandeel in UK waters. The EU states the “measure[s] significantly restricts access for EU vessels to this fishery. The EU questions the compatibility of the full and permanent closure of the fishery with the principles and obligations under the TCA”. Sandeels are a shared stock (TCA Annex 35, #57), for which an agreed allocation of the share of the total allowable catch for 2024 was agreed 11 December 2023 (3.11% UK/96.89% EU), followed by the tonnes of total allowable catches signed 12 March 2024. Note, since 2021 the UK has not allocated the UK quota for English waters nor Scottish waters to any UK vessels. This is the first formal initiation of dispute settlement proceedings under the TCA dispute settlement mechanism. If consultations are unsuccessful, arbitration before an arbitral tribunal may be initiated.
De Maribus 