Brexit fishing line heads for trade court showdown

Humble Sandel is set to take center stage in the first court trade battle between the UK and EU after Brexit.

The UK has banned European ships from catching species of fish such as silverfish in its North Sea waters to protect marine wildlife, which depend on it for food.

But the EU is challenging the move, arguing that it discriminates against Danish vessels that fish commercially, a violation of a post-Brexit trade deal.

The dispute is now headed towards a three-day trade tribunal hearing after formal talks failed to resolve the dispute.

Without a last-minute deal, it would be the first time the two sides have gone to arbitration under the 2021 trade deal agreed by Boris Johnson.

The case will be heard by a panel of three mutually agreed international trade judges at the Hague-based dispute resolution body the Permanent Court of Arbitration from Tuesday next week.

They could leave the UK position intact – or order the UK to change or lift its ban, in which case Brussels could eventually retaliate with tariffs on British exports if ministers refuse to comply. .

Under the trade agreement, a final decision must come by the end of April, although it could be issued earlier. There is no right to appeal.

It comes as Britain prepares for tricky negotiations with the EU over new catch limits from June next year, when existing arrangements under the trade deal expire.

Sir Keir Starmer is also hoping to persuade EU leaders to strike new deals in areas such as security and food trade, as part of a wider “reset” in relations with Britain.

Sandeel, a group of small eel-like fish species, are a jointly managed fish stock under the trade deal. It is not frowned upon for culinary reasons and is unlikely to be found on restaurant menus in European capitals.

But it is also a favorite food of other fish species such as cod and haddock, as well as endangered sea birds such as puffins and kittiwakes.

The UK has effectively barred its own vessels from fishing the species from 2021 through its licensing regime, on the grounds that it is necessary to prevent overfishing and protect the North Sea ecosystem.

Rishi Sunak’s Conservative government banned all vessels from catching the species in English waters in March last year, following a similar ban in Scottish waters by ministers in the SNP-led Scottish Government.

It won praise from Britain’s conversation groups, which had long campaigned for a complete ban, and Sir Keir’s Labor government has kept the ban in place since taking power in July.

But this has angered Danish fishermen, who sell sandeel to animal feed and fish oil producers and retain the right to fish the overwhelming majority of the EU’s share of the species in British waters under a post-Brexit trade deal. .

The dispute centers on whether the UK’s right to ban trawlers for conservation reasons unduly restricts EU agreed fishing rights.

In its submission to the court, the EU has argued that the geographical scope of the ban is not justified by scientific modeling on stock levels, or the “economic and social impacts” on Danish fishing communities.

A detailed response from the UK government has not yet been published, but a spokesperson told the BBC it is committed to protecting the environment in line with its business commitments.

Its decision to keep the ban in place is supported by an unlikely coalition of three political parties, conservation groups and committed Brexiteers.

The renewable energy industry has also taken an interest, arguing that the ban helps seabirds achieve the necessary level of “flexibility” so that more wind farms can be built while meeting conservation goals.

Britain previously estimated that sandeel caught in its waters were worth around £45m a year, a small industry in the context of wider trade relations.

But the dispute will be closely watched to see how judges balance the UK’s right to take protection measures with economic rights.