The Permanent Court of Arbitration, which has jurisdiction over disputes under the Trade and Cooperation Agreement (TCA) between the European Union and the United Kingdom, has handed down its ruling in the dispute between the EU and the UK over the fishing of sandeel (see EUROPE 13512/5). The verdict, delivered on 28 April, was made public on Friday 2 May. The Court of Arbitration has ruled in favour of the EU: the United Kingdom’s decision to ban Europeans from fishing for sandeel in English waters of the North Sea and all Scottish waters does not comply with the principle of proportionality laid down in the TCA.
While the Court of Arbitration recognises the principle of regulatory autonomy for both parties, it emphasises that this autonomy is subject to limitations. Typically, the regulatory decisions of each party must be based on the best available scientific evidence and must not be discriminatory.
The EU requested consultations with the UK in 2024, but these did not result in an amicable solution.
The UK now has 30 days to comply with the ruling.
See the ruling of the Permanent Court of Arbitration: https://aeur.eu/f/gn6 (Original version in French by Léa Marchal)