Brexit fishing row heads for trade court showdown

A modest Sandel is set to be at the center of the first trade court battle between the UK and the EU since Brexit.

The UK has banned European vessels from catching silvery in its North Sea waters to protect wildlife that depend on it for food.

But the EU opposes this, saying it targets Danish vessels that produce commercial fish, breaking the post-Brexit trade agreement.

The dispute is now heading to the commercial court for three days, after negotiations to settle the dispute failed.

Barring last-minute compromises, it will be the first time the two sides agree on the 2021 trade deal agreed by Boris Johnson.

The case will be heard from Tuesday next week at the Permanent Court of Arbitration, a dispute resolution body based in The Hague, with a group of three judges who have agreed on international trade.

They could follow the UK’s position – or order the UK to change or withdraw its ban, while Brussels could return money sent to Britain if ministers refused to comply.

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

It comes as the UK prepares for fractious talks with the EU over new border restrictions from June next year, when current arrangements under the trade deal expire.

Sir Keir Starmer is also hoping to persuade EU leaders to take action in areas such as defense and food trade, as part of a major “renewal” in relations with the UK.

Sandeel, a group of small eel-like fish, is a fishery managed by the cooperative under a trade agreement. It is not caught for culinary purposes and cannot be seen on restaurant menus in major European cities.

But it is a favorite food of other fish species such as cod and haddock, as well as threatened seabirds such as puffins and kittiwakes.

The UK has effectively banned its fleet from fishing for this species from 2021 through its licensing regime, as it aims to stop overfishing and protect the environment of the North Sea.

Rishi Sunak’s Conservative government banned all vessels from catching marine life in English seas in March last year, with a similar ban in Scottish waters brought in by ministers in the Scottish-led SNP government.

It won plaudits in the UK from lobby groups, which have been campaigning against the ban, and Sir Keir’s Labor government has maintained the ban since taking power in July.

But it has angered Danish fishermen, who sell sandeel to meat feed and fish oil manufacturers and under a Brexit trade deal have the right to fish the EU’s largest share of the species in UK waters.

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

In its statement to the court, the EU has said that the extent of the ban is not justified by the science showing the number of stocks, or the “economic and social impact” on Danish fishing communities.

The UK government’s detailed response has not been published, but a spokesperson told the BBC that it was committed to protecting the environment in line with its commitments.

His decision to extend the ban has been backed by an unlikely coalition that spans three political parties, the defense and Brexiteers.

The renewable energy industry has also expressed interest, saying the ban would help meet the necessary level of “resilience” for seabirds to allow more wind farms to be built while still hitting the targets they want to protect.

The UK has previously reported that the sandeel caught in its waters is worth £45m a year, a small industry in relation to trade agreements.

But the debate will be closely watched as the judges balance the UK’s right to act in defense and economic freedom.