What happens if UK takes legal action over post-Brexit fishing row with France?

Published

3 years ago

November 2, 2021

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The French government has stepped back from a threat to impose disruptive port checks on lorries and boats after the UK threatened to take legal action in a row over post-Brexit fishing licences.

Key talks between the two sides will take place later this week aimed at resolving the disagreement, but the risk of further escalation remains.

Sky News examines what is behind the row between the UK and France and what measures London could take if the impasse rumbles on.

What is the dispute about?

Under the terms of the Brexit trade deal, which came into force on 1 January, EU access to UK waters and UK access to EU waters is now managed through a licensing system for fishing vessels.

The current row erupted after the UK authorities refused to give licences to some French fishing vessels to operate in UK waters because they believed they did not meet the requirements.

According to the French government, the UK has only issued half the fishing licences that Paris believes it is entitled to.

Environment Secretary George Eustice told Sky News last week that the UK has issued post-Brexit licences to 1,700 vessels, including 750 French fishing boats, which amounts to 98% of applicants.

But the row deepened when the Cornelis Gert Jan scallop trawler was detained by French authorities last Thursday near the port of Le Havre.

The owners of the British vessel denied French claims that it did not have the correct licence to fish in French waters and said the Cornelis was being used as a “pawn” in the wider UK-France fishing dispute.

France initially said that if the UK did not grant more licences for its fishing vessels it would, from Tuesday, block its ports, carry out security checks on British vessels, reinforce controls of lorries to and from the UK, reinforce customs and hygiene controls, and raise tariffs.

However, Paris has stepped back from introducing these measures.

Downing Street says talks will take place with France on Wednesday about the situation, as well as other “issues important to the UK-EU relationship, including the Northern Ireland Protocol”.

What are dispute resolution measures?

It is against this backdrop that the UK has threatened to take legal action.

The prospect was raised by Prime Minister Boris Johnson last week and repeated by the Foreign Secretary Liz Truss in a Sky News interview on Monday.

The foreign secretary set a 48-hour deadline for the fishing dispute to be resolved, although it’s not clear if that deadline still stands in light of recent moves from Paris.

If legal action were to be taken, this would involve the UK triggering the dispute resolution measures contained in the Brexit trade deal, officially known as the Trade and Cooperation Agreement (TCA).

The measures are designed to be used when one side feels that the other is in breach of the TCA.

Initially, this would mean a 30-day period of consultation between the two sides which can be extended if both parties agree.

The aim of this first step is to resolve any disagreement through dialogue.

But if a solution cannot be found, the complainant can progress things further and ask for an independent arbitration tribunal to be set up.

This would be made up of three members: one nominated by the UK, one put forward by the EU and a jointly-agreed chair.

The tribunal would then rule within 130 days of being set up, although an interim report would be issued earlier.

One side can ask for this timeline to be sped up, which would see it cut in half.

Tribunal rulings are legally binding and if a side is found to have breached the agreement they have 30 days to set out how they will comply.

Sam Lowe, a senior research fellow at the Centre for European Reform think-tank, said of the process: “In terms of the legal mechanisms we are very much talking about a process here that could drag on for a while.”

What happens if one side does not comply?

The other party can ask for compensation or suspend certain obligations contained in the agreement in areas like trade, aviation, road transport and fisheries.

The tribunal can be asked to rule on whether the suspension is appropriate, while the suspension should be rescinded if the other side then decides to follow its ruling.

There are also specific steps that one side can take in relation to fishing.

What measures can be taken on fishing?

One side could decide to entirely suspend access to its waters and scrap the preferential tariff agreement that applies to fishery products.

Again, an arbitration tribunal could end up getting involved, with it ruling if the measure is a proportionate response.

The UK, or indeed France, could choose to go further and apply tariffs on fisheries and non-fisheries products or even suspend elements of the TCA relating to trade and road transport.

Either side can also decide to bin the agreement on fisheries with a notice period of nine months.

What would the impact be on UK-EU relations long-term?

According to Sam Lowe: “If the UK feels the diplomatic route has been exhausted, proceeding with dispute resolution within the confines of the TCA is the proper way to go about things.

“At least in the TCA there are rules, processes to be followed; much better than spilling out into an unconstrained trade war with both the EU and UK free to do whatever they want.”

However, he warned that a simmering dispute could have a wider impact, adding: “These disputes do have political ramifications: they chip away at the good will necessary to reach a compromise on other outstanding issues such as Northern Ireland.”

Are the dispute resolution mechanisms different when it comes to Northern Ireland?

Yes.

The UK and EU are currently locked in talks over potential changes to the protocol, which is designed to avoid a hard border on the island of Ireland.

The protocol is part of the withdrawal agreement between the two sides and is separate from the TCA.

If these talks break down or do not prove fruitful, either side has the option of activating Article 16 of the protocol.

This states that if the protocol is causing “serious economic, societal or environmental difficulties that are liable to persist”, or leading to a “diversion of trade” then either the UK or EU can introduce “appropriate safeguard measures” to tackle the problems.

Brussels at one stage proposed using Article 16 to stop COVID vaccine exports from the EU moving to Great Britain from Northern Ireland, but stepped back from this after a backlash.

Opponents of the protocol in Northern Ireland have been calling on the UK government to invoke Article 16 to stop checks and controls on goods.

Politics

SEC and Gemini ask to pause lawsuit to explore ‘potential resolution’

Published

3 hours ago

April 2, 2025

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SEC and Gemini ask to pause lawsuit to explore ‘potential resolution’

The US Securities and Exchange Commission and crypto exchange Gemini have asked to pause the regulator’s suit over the exchange’s Gemini Earn program, saying they want to discuss a potential resolution.

In an April 1 letter to New York federal court judge Edgardo Ramos, lawyers representing the SEC and Genesis requested a 60-day hold on the case and that all deadlines be pulled “to allow the parties to explore a potential resolution.”

“In this case, the parties submit that it is in each of their interests to stay this matter while they consider a potential resolution and agree that no party or non-party would be prejudiced by a stay,” the letter states.

The lawyers added that a stay was in the court’s interest as “a resolution would conserve judicial resources” and proposed that a joint status report be submitted within 60 days after the entry of the stay.

The SEC sued Gemini and crypto lending firm Genesis Global Capital in January 2023, alleging they offered unregistered securities through the Gemini Earn program.

In March 2024, Genesis agreed to pay $21 million to settle charges related to the lending program, but the enforcement case against Gemini remains outstanding.

The letter did not specify what a possible resolution would entail, but the SEC has dropped several lawsuits it launched against crypto companies under the Biden administration, including against Coinbase, Ripple and Kraken.

In February, Gemini said the SEC closed a separate investigation into the firm as the regulator winds back its crypto enforcement under President Donald Trump.

“The SEC cost us tens of millions of dollars in legal bills alone and hundreds of millions in lost productivity, creativity, and innovation. Of course, Gemini is not alone,” Gemini co-founder Cameron Winklevoss said at the time.

OpenSea, Crypto.com and Uniswap, among others, have also recently reported that the SEC had closed similar probes into their companies that were investigating alleged breaches of securities laws.

Magazine: Bitcoin ATH sooner than expected? XRP may drop 40%, and more: Hodler’s Digest, March 23 – 29

Politics

Crypto PAC-backed Republicans win US House seats in Florida special elections

Published

4 hours ago

April 2, 2025

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Crypto PAC-backed Republicans win US House seats in Florida special elections

Two Republicans who received a combined $1.5 million from the crypto-backed political action committee (PAC) Fairshake will enter the US House after winning special elections in Florida.

Republican Jimmy Patronis won the vacant seat in Florida’s 1st Congressional District to replace Matt Gaetz, taking 57% of the vote to defeat Democrat Gay Valimont, according to AP News data.

Randy Fine also took Florida’s 6th Congressional District with 56.7% of the vote to beat his Democratic rival, public school teacher Josh Weil, and fill a seat left vacant by Mike Waltz, who took a job as White House national security adviser.

Florida’s 1st and 6th Congressional Districts — located in Florida’s western panhandle and along the state’s northeast coast — have been controlled by Republicans for roughly 30 years, but their lead has narrowed in recent years.

Fairshake, a PAC backed by crypto industry giants including Coinbase, Ripple and Andreessen Horowitz, gave Fine around $1.16 million in advertising spending and funneled $347,000 to Patronis to support his campaign.

Both Republicans have expressed support for the crypto industry, with Fine stating in a Jan. 14 X post that “Floridians want crypto innovation!”

Fairshake and its affiliates poured around $170 million into the 2024 US presidential and congressional elections to back candidates who committed to supporting the crypto industry.

The wins by Patronis and Fine increased Republican representation in the House to 220 seats, with the Democrats holding 213 seats.

There are two vacant seats to be filled after Texas and Arizona Democrats Sylvester Turner and Raúl Grijalva died on March 5 and March 13, respectively.

Florida can expect to see a crypto-friendly regulatory environment

The victories for Patronis and Fine likely mean that crypto legislation will continue to see support in the US capital.

The Republican Party would have maintained its House majority even if it lost both seats in Florida, but it would have made it more difficult for some of the recently introduced Republican-backed crypto bills to pass through the House and Senate.

At the Digital Assets Summit on March 18, Democratic Congressman Ro Khanna said he believes Congress “should be able to get” both a stablecoin and crypto market structure bill done this year.

Bills that could eventually make their way to the House include the Guiding and Establishing National Innovation for US Stablecoins (GENIUS) Act, which passed the Senate Banking Committee in an 18-6 vote on March 13.

Senator Cynthia Lummis also reintroduced a Bitcoin reserve bill about a week after the Trump administration announced the establishment of a Strategic Bitcoin Reserve on March 6, with the legislation referred to the Senate Banking Committee on March 11.

Magazine: Trump’s crypto ventures raise conflict of interest, insider trading questions

Politics

UK trade bodies ask government to make crypto a ‘strategic priority’

Published

5 hours ago

April 2, 2025

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UK trade bodies ask government to make crypto a ‘strategic priority’

Several British trade associations have asked Prime Minister Keir Starmer’s office to appoint a special envoy dedicated to crypto and for a dedicated action plan for digital assets and blockchain technology.

In a March 31 letter, the coalition of six UK digital economy trade bodies urged Starmer’s special adviser on business and investment, Varun Chandra, for a “greater strategic focus and alignment to deliver investment, growth and jobs” for the crypto industry.

The group, which consisted of the UK Cryptoasset Business Council, Global Digital Finance, The Payments Association, Digital Currencies Governance Group, the Crypto Council for Innovation and techUK, noted the US policy shift on crypto under President Donald Trump and his appointment of a crypto czar.

Britain’s commitment to an economic trade deal focused on technological cooperation with the US “presents a significant opportunity to mirror the United States’ ambition in fostering leadership in blockchain, digital assets, and other emerging financial technologies,” the letter stated.

The group recommended that the UK appoint a blockchain special envoy, similar to the US, to coordinate policy, foster innovation, and position the country competitively in global markets.

The trade bodies also called for the development of a dedicated government action plan for crypto and blockchain technology, including a concierge service to attract high-potential firms.

They added that the government should acknowledge and leverage the commonalities between blockchain, quantum computing and artificial intelligence technologies, including potential applications for government services.

Another recommendation was to create a high-level industry-government-regulator engagement forum to ensure informed decision-making and cross-sector collaboration.

“With deep pools of talent, access to capital, world-class academic institutions, and sophisticated regulators, the UK provides an environment where digital assets and blockchain innovation can thrive,” they stated.

The coalition argues that crypto and blockchain technology could boost the UK economy by 57 billion British pounds ($73.6 billion) over the next decade, with the sector potentially increasing global gross domestic product by 1.39 trillion pounds ($1.8 trillion) by 2030.

Tom Griffiths, the co-founder and managing partner of crypto compliance advisory firm BitCompli, said in response to the letter on LinkedIn that the Financial Conduct Authority “has a lot of talent and a good sight of future plans, but the UK is definitely losing pace with Dubai, Singapore, and other EU jurisdictions.”

“Now is the time for the FCA to act, or the UK will lose out on this huge opportunity, which is digital assets and all the benefits this sector can bring, not only now but over the next 20 years,” he added.

Magazine: Bitcoin ATH sooner than expected? XRP may drop 40%, and more: Hodler’s Digest, March 23 – 29