The UK-Sandeel Case: The First Ruling under the UK-EU Trade and Cooperation Agreement

The UK-Sandeel case Permanent Court of Arbitration (PCA Case No. 2024-45) marks a significant milestone as the first ruling under the UK-EU Trade and Cooperation Agreement (TCA). The dispute arose from the UK and Scottish governments’ decision to implement a full ban on sandeel fishing within UK territorial waters, aimed at protecting marine birdlife. The European Union (EU) contested the ban, citing its disproportionate impact on the fishing industry, particularly in Denmark. The tribunal’s ruling was mixed, upholding the ban in Scottish waters as proportionate and based on the best available scientific advice, while finding the ban in English waters disproportionate. The case highlights the functioning of the TCA’s dispute resolution mechanism, including the role ofamicus curiae submissions, and confirms the EU’s willingness to avail itself of ad-hoc arbitration as a means of resolving high-profile disputes under the TCA. The question remains open as to whether the case will set a precedent for future EU challenges to UK environmental regulation post-Brexit. The ruling underscores the delicate balance between environmental protection and maintaining UK-EU commercial ties.