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Brexit: France detains British trawler owned by Macduff Shellfish as fishing rights row intensifies

The owner of the detained vessel said it was being used as a "pawn in an ongoing dispute" between the two countries.

A British trawler Cornelis Gert Jan is seen moored in the port of Le Havre after France seized on Thursday a British trawler fishing in its territorial waters without a licence, in Le Havre, France, October 28, 2021. REUTERS/Sarah Meyssonnier
Image: The trawler Cornelis is moored in Le Havre after it was seized by French officials
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France has detained a British scallop trawler owned by Macduff Shellfish and given a verbal warning to another fishing boat in waters off its coast.

French maritime minister Annick Girardin said it is "not war, it's a fight" amid a warning the country could ban allowing British fishing boats to disembark at French ports from next week if tensions are not resolved.

Clement Beaune, France's Europe minister, said on CNews TV: "So now, we need to speak the language of strength since that seems to be the only thing this British government understands."

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French Minister on 'fight' with UK over fishing

Andrew Brown, director of Macduff Shellfish which owns the detained vessel, told Sky News the boat was being used as a "pawn in an ongoing dispute" between the two countries.

He said: "On 27 October, Macduff's scallop vessel Cornelis was boarded by the French authorities and ordered into the French port of Le Harve while legally fishing for scallop in French waters.

"Access to French waters for the UK scallop fleet is provided under Brexit Fisheries Agreement. Macduff's fishing activity is entirely legal.

"It appears our vessel is another pawn in the ongoing dispute between the UK and France on the implementation of the Brexit Fishing Agreement.

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"We are looking to the UK government to defend the rights of the UK fishing fleet and ensure that the fishing rights provided under the Brexit Fishing agreement are fully respected by the EU.

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French 'threats' will be met by response

"We will vigorously defend ourselves against any vexatious claims."

Home Secretary Priti Patel told Sky: "It is disappointing and we as a country have fulfilled all of our obligations under the TCA. But at the same time, across government discussions will continue - both at commission level but also with counterparts within the French administration."

Environment secretary George Eustice told the Commons on Thursday he had asked officials to "urgently investigate".

The route taken by the scallop trawler. Pic: MarineTraffic.com
Image: The route taken by the scallop trawler. Pic: MarineTraffic.com
Picture shows ship Cornelis 
MUSt CREDIT Arjan Buurveld
 On October 27th Macduff鈥檚 scallop vessel Cornelis was boarded by the French authorities and ordered into the French port of Le Harve while legally fishing for scallop in French waters.    Access to French waters for the UK scallop fleet is provided under Brexit Fisheries Agreement.
Image: The British government said it has granted 98% of licence applications from EU vessels. Pic: Arjan Buurveld

He said: "They were on the list that was provided by the MMO to the European Union. The European Union, therefore, did grant a licence. We are seeing some reports that they were subsequently withdrawn from the list. It's unclear why that might have been at the moment."

He said he was waiting on "relevant data" from Marine Scotland.

The government has said since 31 December 1,673 EU vessels have been licensed for fishing - 98% of those who applied for access - of which 736 were French.

Questioning Mr Eustice over the incident, Labour MP Luke Pollard said: "There is a real need that everyone involved in this uses language to de-escalate the situation, to not risk the lives of any British or French fishers in any clashes at sea and to ensure there is uninterrupted trade between the United Kingdom and France."

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Patel: Detention of UK trawler 'disappointing'

He said the situation had arisen from the government "losing control" of negotiations.

When ask about the status of the crew, Mr Eustice responded: "We don't think there are any issues with the crew.

"The vessel was asked to go into port in the usual way."

Mr Eustice said he had spoken with Virginijus Sinkevicius, the European Commission's maritime affairs and fisheries commissioner.

He said: "The UK stands by its commitments in the trade and co-operation agreement."

Picture shows ship Cornelis 
MUSt CREDIT Arjan Buurveld
 On October 27th Macduff鈥檚 scallop vessel Cornelis was boarded by the French authorities and ordered into the French port of Le Harve while legally fishing for scallop in French waters.    Access to French waters for the UK scallop fleet is provided under Brexit Fisheries Agreement.
Image: The UK called the move 'disappointing'. Pic: Arjan Buurveld
Pic: Eric Watt
Image: The owner of the vessel (pictured here in 2012) said its activity was 'entirely legal'. Pic: Eric Watt

"All of our decisions have been fully in line with this commitment," he added.

A statement from Jersey's Minister for Environment, Deputy John Young, and the Minister for External Relations, Senator Ian Gorst, said they were "extremely disappointed at the French government's announcement".

They continued: "Yesterday morning, Government of Jersey officers met officials from France, the UK and the European Commission, and made further progress on the outstanding applications from French vessels for licences to fish in Jersey's territorial waters.

"The outcome of that meeting was that 162 French vessels will be licensed to fish in Jersey's territorial waters from this Friday."

Why is there a fishing row in the Channel between the UK and France?
Why is there a fishing row in the Channel between the UK and France?

They added: "We will continue to work closely with French authorities, the UK and the EU Commission - in accordance with the TCA - to ensure that vessels which are entitled to a permanent licence are able to receive one and can continue fishing in Jersey's territorial waters in accordance with their historic track record."

A European Commission spokesperson said they take note of the comments made by both countries.

They said: "Our Trade and Cooperation Agreement with the UK is clear: vessels who were fishing in these waters should be allowed to continue.

France has now released a list of sanctions that could apply from 2 November if the row is not resolved:

  • Banning British fishing vessels in some French ports
  • Reinforcement of customs and hygiene controls
  • Routine security checks on British vessels
  • Reinforcement of controls on lorries to and from the UK

"All French vessels entitled to a licence should receive one. Fishing licence applications are a top priority and we are working hard to support this process. We will continue discussions with the UK and France in the coming days to resolve this issue as soon as possible."

The UK government said the French response could breach international law, calling the threats "disappointing and disproportionate".

In a tweet, the French Maritime Ministry said the ships were fined during "classic checks off Le Havre".

October 27th Macduff鈥檚 scallop vessel Cornelis was boarded by the French authorities and ordered into the French port of Le Harve while legally fishing for scallop in French waters.    Access to French waters for the UK scallop fleet is provided under Brexit Fisheries Agreement.
MUST CREDIT:  Sean Boyce
Image: Macduff鈥檚 scallop vessel Cornelis was boarded by the French authorities. Pic: Sean Boyce

It added: "The first did not comply spontaneously: verbalization.

"The second did not have a licence to fish in our waters: diverted to the quay and handed over to the judicial authority."

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British fishing vessel Cornelis in Le Havre

One trawler was fined for obstructing checks after it initially refused a request to be boarded by police. It was later not found to have been in breach of regulations.

It is the latest twist in an increasingly bitter dispute between Britain and France over fishing rights.

France says its fishermen have not been issued with half the licences they are entitled to allowing them to fish in British waters under the terms of the Brexit agreement.

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May: Flares lit as fishing standoff continues

France protested against the decision last month by the UK and the Channel Island of Jersey to refuse dozens of French fishing boats licences to operate in their territorial waters.

Mr Beaune said the number of licences awarded was "not enough and not acceptable".

The country considers these restrictions contrary to the post-Brexit agreement the UK signed when it left the EU.

Mr Girardin said it is "not serious" to suggest the country could switch off electricity to the UK after French spokesman Gabriel Attal suggested France's supply of electricity to Britain could be subject to sanctions.

Analysis by Adam Parsons, Europe correspondent

France has stepped up its rhetoric, its threats and now its actions in this dispute. It is one thing to say you鈥檙e going to get tough; it鈥檚 quite another to force a British fishing boat into harbour.

The British government maintains it has issued licences to 98% of EU vessels who want to enter the nation鈥檚 coastal waters.

Ms Girardin says those figures are false and that it should be 90.3%, suggesting that the missing near-10% are French fishermen: 鈥淭hey have been waiting patiently for nine months and we have reached our limit.鈥�

But this isn鈥檛 about all of British waters. It鈥檚 about a certain zone, between 6 and 12 miles from the coast, as well as the waters around Jersey.

So why do all this?

Firstly, Emmauel Macron is aware that, with a Presidential election on the horizon, he wants to shore up his support in northern France, where fishing is a potent topic.

He also thinks that picking a fight with Britain has political value. The AUKUS submarine deal infuriated Macron and, after years of Brexit wrangling, there is mistrust of Westminster politicians.

Macron is keen to portray himself as the de facto political leader of the EU and, right now, having a row with Boris Johnson won鈥檛 do him any harm. There is still a lot of resentment around Europe not just that the UK decided to leave the gang, but at the rancorous nature of the departure. Sympathy for Britain is in short supply.

France also feels emboldened to do this because it is supported by all the other coastal nations in the European Union. If British boats were banned from Boulogne, for instance, ports in Belgium or the Netherlands would be very unlikely to accept them either.

So will it come to that? France says it will introduce its measure on Tuesday, unless there has been significant progress. The UK says the threats are disproportionate and illegal. Neither side will want to back down. As ever, the combination of Brexit and fishing seems explosive.

Barrie Deas, from the National Federation of Fishermen's Organisations, the body representing fishermen in England, said descending into a "tit for tat" relationship between the nations was "unhelpful".

He said: "(The amount of) UK vessels landing into French ports is not massive.

"It's a bit strange because the French fleets fish much more in UK waters than we fish in their waters.

"Therefore if we descend into a tit for tat relationship, I think the French fleet are very much more exposed - I don't think that's a very helpful way to go."

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May: Jersey blockaded in French fishing dispute

A UK government spokesperson said it would be relaying its concerns to the EU Commission and French government.

It said: "France's threats are disappointing and disproportionate, and not what we would expect from a close ally and partner.

"The measures being threatened do not appear to be compatible with the Trade and Co-operation Agreement (TCA) and wider international law, and, if carried through, will be met with an appropriate and calibrated response."