Review of the Maltese and European Laws related to the Genetic Protection of the Endemic Maltese Honey Bee (Apis mellifera ruttneri)

Abstract

This paper is intended to study the legal protection of the Maltese honey bee (Apis mellifera ruttneri) from the point of view of preserving Maltese biodiversity, and more specifically the honey bee’s genetic status. The primary aim is to establish whether and how theMaltese honey bee can be protected, specifically through the banning of imports of foreign Apis mellifera subspecies. States are under the general legal obligation of protecting their biodiversity. Member States (MS) of the European Union (EU) EU MS have more specific obligations to do so under EU law. However, Yet conservation of biodiversity under EU law cannot be used to restrict the freedom of movement of goods unless this is done for very restrictive and specific reasons outlined under the EU treaties. This paper will be split into three broad sections. The first establishes whether there are legal obligations to protect the Maltese honey bee imposed on the Maltese government. The second considers whether such protection can be legally justified under EU law, including through banning imports of foreign subspecies of the Apis mellifera species. The third reviews the different methods available to protect the honey bee through the banning of imports of foreign bees. It also incorporates a comparative study of three EU MS that have protected, or are in the process of protecting, a bee native to their territories. Environmental law, EU law, Biodiversity, Species protection, Ban on imports, Endemic species