The humble sandeel will take centre stage in the first legal dispute over trade between the UK and the EU since Brexit.
The UK has banned European ships from catching the silvery fish in its North Sea waters to protect marine animals that depend on it for food. But the EU has challenged the move, arguing it discriminates against Danish vessels that fish sandeel commercially, breaking a trade deal struck after Brexit.
After formal settlement talks failed, the dispute moves to a three-day hearing at a trade tribunal. If no last-minute compromise is reached, it will be the first time the two sides have gone to arbitration under the 2021 trade deal agreed by Boris Johnson.
The case is due to be heard on Tuesday next week at the Permanent Court of Arbitration, a dispute resolution body based in The Hague, by a panel of three international trade judges who will come to a mutual agreement. They can uphold Britain’s position – or order it to modify or lift its ban, in which case Brussels can retaliate with tariffs on British exports if ministers refuse to comply.
Under the trade deal, a final ruling is due by the end of April, although it could come sooner. There is no right of appeal.
The UK is preparing for difficult negotiations with the EU on new fishing restrictions from June next year, when current 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” of relations with the UK.
Fishermen’s wars
Last Wednesday, a French-flagged fishing vessel was attacked while sailing in the Channel, between Brighton and Dieppe. At about 2.30 a.m. the crew suddenly felt strong tremors.
According to the French fishermen, a British vessel with its beacon and lights switched off approached their trawler, launched a boarding hook and deliberately cut one of the cables of the fishing net. As a result of this attack, the French vessel lost the net.
José Lepretre, a fisherman sailor who was at the helm at the time of the attack, said:
“Just like the pirates, the same! This is stunning. Usually you see this in films, but we don’t see it.”
Had it not been for the coolness of this experienced man, the consequences could have been dramatic.
The owner of the Rose de Cascia announced that he had lodged a complaint with the Maritime Gendarmerie. There are concerns that this announcement will lead to a renewed conflict between both parties, who constantly accuse each other of violating borders and fishing regulations.
The atmosphere is very tense, especially post-Brexit. Etienne Dachicourt, director of the Etaploise Marine Co-operative in Boulogne-sur-Mer, said:
“England restricts its fishing zones and there are a lot of vessels in the Pas de Calais Strait, with the English on one side and the French, Dutch and Belgian fleets on the other.”
