Tribunal decision on closure of fisheries in UK waters
Cabinet Secretary for Rural Affairs, Land Reform and Islands
has welcomed the decision
published today by an arbitration tribunal relating to the
closures of sandeel fisheries in UK waters, including in
Scotland.
This follows a legal challenge to the closures, which were
announced in March 2024, brought by the EU under the terms of the
EU-UK Trade and Co-operation Agreement.
said:
“This is an extremely positive ruling, especially with respect to
the closure in Scottish waters where all claims have been
successfully defended. As such, the prohibition of sandeel
fishing in Scottish waters will remain in place.
“Protecting our marine ecosystem is vital to Scotland's
environment, and to the people and communities who rely on it.
The ruling reaffirms the appropriateness of the actions we took
last year to do just that.
“The prohibition of sandeel fishing in Scottish waters has the
potential to provide long term sustainability and resilience to
the marine ecosystem, as well as bringing about potential
benefits to sandeel, seabirds, marine mammals and other fish
species.
“This outcome, with respect to Scottish waters, reflects the
robust, evidence-based and transparent public consultation and
processes that the Scottish Government has in place."
Professor Mark Inall, Chief Scientific Advisor, Marine, added:
“Robust scientific evidence is a cornerstone to building good
policy. The Scottish Government's Marine Directorate staff played
a key role in both developing the evidence base and providing
clear and coherent explanation of how that evidence supports the
Scottish Government's position. Today's announcement underlines
the vital role played by marine science in making internationally
watertight policy.”
Background
The final ruling and further information can be found on the
PCA's case
page.
On 26 March 2024 the Sandeel (Prohibition of Fishing) (Scotland)
Order 2024 came into force, which closed all Scottish waters to
fishing for sandeel, for all vessels. In parallel the UK
Government closed English waters of the North Sea through a
licence condition.
On 16 April the EU initiated consultations with the UK under
article 738 of the Trade and Co-operation Agreement (TCA). This
was challenging decisions made by both the Scottish Government
and UK Government regarding closing fishing for sandeel on the
basis that the EU claimed that they were in breach of the TCA.
The TCA mechanism for resolving disputes has three stages: 1.
Consultations; 2. Arbitration; and 3. Compliance.
Formal consultations took place between the EU and UK in Brussels
on 21 and 22 May 2024. Following this, on Friday 25 October 2024,
the EU requested the establishment of an arbitration tribunal to
examine the sandeel closures in both Scottish and English waters
in light of specified TCA provisions, to determine conformity
with those provisions and issue a ruling.
A hearing took place in front of the arbitration tribunal from
28-30 January 2025.
