The long-running dispute over sandeel fishing in the North Sea has taken another turn, with the UK Government re-confirming its position that closures remain in place.

The dispute over sandeel fishing in the North Sea marked the first time the UK and EU had been in court since Brexit in 2020, with the outcome of the case having huge significance for seabird populations. The dispute centred on whether the UK’s right to restrict trawlers for conservation reasons unnecessarily restricts agreed EU fishing rights.

Following a ruling from a tribunal examining the dispute earlier in 2025, the UK government’s Department for Environment, Fisheries and Rural Affairs (Defra) has now concluded further measures to comply with the ruling and determined that the closure of English waters to sandeel fishing will remain in place. 

‘Measures to comply with the ruling’ 

The Permanent Court of Arbitration published its final ruling in May 2025 and indicated that the UK succeeded in most of its arguments, and that it had successfully demonstrated that the measures taken to close English and Scottish waters were based on the best available science and had sufficient regard to the principle of non-discrimination.

However, the Tribunal found that during the decision-making process to close English waters to sandeel fishing, the UK did not have sufficient regard to the principle of proportionality.

The ruling stated ‘that the prohibition of fishing for sandeel in English waters is inconsistent with the United Kingdom’s obligations under Article 496(1) of the Trade and Cooperation Agreement….on the grounds that there was a failure to have regard to the principle of applying a proportionate measure.

In consequence of the ruling above, that the United Kingdom is in breach of its obligation to grant full access to its waters to fish sandeel.

Accordingly, the Arbitration Tribunal rules that the United Kingdom is required to take the necessary measures to comply with the ruling of the Arbitration Tribunal…., in order to bring itself in compliance with the covered provisions.’

A UK Government statement says that those measures have now been taken to comply with the ruling.

‘Procedural shortcoming’

Defra’s statement from 25 June 2025 says:

‘The UK has written to the EU to confirm the measures we have taken to comply with the sandeel Arbitration Tribunal’s ruling. The Tribunal’s report identified a procedural shortcoming in the process for deciding to close English waters to sandeel fishing.

They did not find fault with UK objectives or the scientific basis for implementing the measures. The UK has now completed a new decision-making process based on updated advice and evidence, which takes into account all the requirements set out in the Tribunal’s report. This includes full consideration of the EU’s rights and interests during the adjustment period.

Following this new decision-making process, we have determined that the closure of sandeel fishing in English waters of the North Sea remains necessary to achieve our objective of improving the protection and recovery of the marine ecosystem, as well as the Good Environmental Status (GES) of UK waters.

We consider that this new decision-making process resolves the failings identified by the Tribunal, and brings us into compliance with our TCA obligations. The closures will therefore remain in place.’

Reaction to the UK Government statement

Kirsten Carter, head of UK marine policy at the RSPB, said: “Putting a full stop to industrial sandeel fishing is the single most important measure we can take to support the UK’s fragile seabird populations.

“Now the UK Government has brought the closure in English waters of the North Sea into compliance with the tribunal’s ruling, we hope this will mean a brighter future for Puffins, Kittiwakes and many other species.”

Stakeholders in Denmark have also reacted to the re-confirmation of the ban, with Kenn Skau Fischer, CEO of the Danish Fisheries Association, saying: “We are disappointed and surprised by the announcement from the UK……fundamentally we believe that they are taking the EU for a fool. We expect the EU Commission and the Danish government to react seriously to the fact that they do not want to respect the arbitration’s assessment of the lack of proportionality in the closure of Dogger Bank for sandeel fishing, says Kenn Skau Fischer.

Asger Christensen, a Danish Member of the European Parliament, said: “This is a bucket of cold water on the heads of Danish fishermen and the Danish fishing industry. It is now necessary for some people with many stars on their shoulders to come forward. This applies to both the Danish government leadership and the Commission President, because it cannot be right that Britain should get away with this.”