Marine

Rural Affairs Secretary welcomes sandeel arbitration ruling

May 2, 2025 by Marine Directorate Communications No Comments | Category Fish protection, sandeel fishing

Cabinet Secretary for Rural Affairs, Land Reform and Islands Mairi Gougeon has welcomed the decision published today by an arbitration tribunal relating to the closures of sandeel fisheries in UK waters, including in Scotland.

This follows a legal challenge to the closures – which were announced in March 2024 – brought by the EU under the terms of the EU-UK Trade and Co-operation Agreement.

Mairi Gougeon said:

“This is an extremely positive ruling, especially with respect to the closure in Scottish waters where all claims have been successfully defended. As such, the prohibition of sandeel fishing in Scottish waters will remain in place.

“Protecting our marine ecosystem is vital to Scotland’s environment, and to the people and communities who rely on it. The ruling reaffirms the appropriateness of the actions we took last year to do just that.

“The prohibition of sandeel fishing in Scottish waters has the potential to provide long term sustainability and resilience to the marine ecosystem, as well as bringing about potential benefits to sandeel, seabirds, marine mammals and other fish species.

“This outcome, with respect to Scottish waters, reflects the robust, evidence-based and transparent public consultation and processes that the Scottish Government has in place.”

Professor Mark Inall, Chief Scientific Advisor, Marine, added:

“Robust scientific evidence is a cornerstone to building good policy. The Scottish Government’s Marine Directorate staff played a key role in both developing the evidence base and providing clear and coherent explanation of how that evidence supports the Scottish Government’s position. Today’s announcement underlines the vital role played by marine science in making internationally watertight policy.”

Background

The final ruling and further information can be found on the PCA’s case page

On 26 March 2024 the Sandeel (Prohibition of Fishing) (Scotland) Order 2024 came into force, which closed all Scottish waters to fishing for sandeel, for all vessels. In parallel the UK Government closed English waters of the North Sea through a licence condition.

On 16 April the EU initiated consultations with the UK under article 738 of the Trade and Co-operation Agreement (TCA). This was challenging decisions made by both the Scottish Government and UK Government regarding closing fishing for sandeel on the basis that the EU claimed that they were in breach of the TCA.

The TCA mechanism for resolving disputes has three stages: 1. Consultations; 2. Arbitration; and 3. Compliance.

Formal consultations took place between the EU and UK in Brussels on 21 and 22 May 2024. Following this, on Friday 25 October 2024, the EU requested the establishment of an arbitration tribunal to examine the sandeel closures in both Scottish and English waters in light of specified TCA provisions, to determine conformity with those provisions and issue a ruling.

A hearing took place in front of the arbitration tribunal from 28-30 January 2025.

Comments