The humble sandbox is set to take center stage in the first UK-EU trade court battle since Brexit.
The United Kingdom has banned European vessels from fishing for silverfish in its North Sea waters to protect the marine wildlife that depend on them for food.
But the EU is contesting the move, arguing it discriminates against Danish ships that fish for sandfish commercially, in breach of a post-Brexit trade deal.
The dispute is now heading for a three-day hearing before the commercial court, after formal talks to resolve the dispute failed.
Barring a last-minute compromise, it will be the first time the two sides have launched arbitration under the 2021 trade deal brokered by Boris Johnson.
The case is due to be heard from Tuesday next week at the Permanent Court of Arbitration, a dispute settlement body based in The Hague, before a panel of three mutually agreed international trade judges.
They could back the UK’s position – or order the UK to change or drop its ban, in which case Brussels could retaliate with tariffs on UK exports if ministers refuse to comply.
Under the trade agreement, a final ruling must be made by the end of April, although it could be issued earlier. There is no right of appeal.
It comes as the UK prepares for tough negotiations with the EU over new catch limits from June next year, when current trade deal deals expire.
Sir Keir Starmer also hopes to persuade EU leaders to strike new deals in areas such as security and food trade as part of a wider “reset” in relations with the UK.
Environmental praise
Pješčanica, a group of small eel-like fish species, is a common fish stock under the trade agreement. It is not hunted for culinary reasons and is unlikely to be found on restaurant menus in European capitals.
But it is a favorite food of other fish species such as cod and haddock, as well as endangered seabirds such as puffins and kittiwakes.
With its licensing regime, the United Kingdom has effectively stopped fishing for this species with its own vessels from 2021, citing the need to prevent overfishing and protect the North Sea ecosystem.
Rishi Sunak’s Conservative government then banned all fishing vessels of this species in English waters in March last year, and a similar ban in Scottish waters was brought in by ministers in the SNP-led Scottish government.
In the UK, it won praise from conversation groups who have long campaigned for a total ban, and Sir Keir’s Labor government has maintained the ban since taking power in July.
But it has angered Danish fishermen, who sell sandfish to animal feed and fish oil producers and are entitled to fish the vast majority of the EU’s share of the species in UK waters under a post-Brexit trade deal.
Small fish, big order
The dispute centers on whether the UK’s right to limit trawlers for conservation reasons unnecessarily restricts the EU’s agreed fishing rights.
In its submissions to the court, the EU argued that the geographic scope of the ban was not justified by scientific modeling of stock levels or the “economic and social effects” on Danish fishing communities.
A detailed response from the UK government has yet to be released, but a spokesman told the BBC it was committed to protecting the environment in line with its trade commitments.
The decision to continue the ban was backed by an unlikely coalition spanning three political parties, conservation groups and staunch Brexiteers.
The renewable energy industry has also taken an interest, arguing that the ban helps achieve the necessary level of seabird “resilience” to allow more wind farms to be built while still meeting conservation goals.
The UK has previously estimated that the sandfish caught in its waters is worth around £45m a year, a small industry in the context of the wider trade relationship.
But the dispute will be closely watched as judges balance the UK’s right to take conservation measures with economic rights.
