On Thursday 17 May 2018 the Court of Justice of the European Union backed a near-total ban of three pesticides, also called neonicotinoids (clothianidin, thiamethoxam and imidacloprid), because of their scientifically proven serious harmful effect on the health of both wild bees and honey bees. Neonicotinoids are part of a class of insecticides that damage the central nervous system of insects that result in paralysis and death.
Bayer and Syngenta, the manufacturers of these three types of insecticides went to the Court in 2013 to stop the ban of these chemicals. But the Court dismissed “in their entirety the actions brought by Bayer and Syngenta in relation to the neonicotinoids clothianidin, thiamethoxam and imidacloprid."
After an extensive updated assessment which was based on more than 1,500 studies, involving wild bees (bumblebees, solitary bees) and honeybees, the European Food Safety Authority concluded that these three insecticides are harmful for bees. These pesticides can no longer be used in the open field but their use is still allowed inside permanent greenhouses.
Report of the European Food Safety Agency (EFSA)
The report of the European Food Safety Agency (EFSA) also shows that neonicotinoid use can lead to wider contamination of the soil and water which in turn could lead to consumption of contaminated water by bees and a spread of the pesticides to wildflowers or succeeding crops. This consequently poses a high risk to bees. Scientific research has revealed that 75% of global honey samples are contaminated with bee harming insecticides and chemicals.
The report of the EFSA resulted in a vote of EU member states in favour of an almost complete ban on the use of pesticides connected to harming bees.
Decline of bee population worldwide
There are over 25.000 known species of bee worldwide. The population of bees has been on a decline in the past few years. For example, several Hawaiian bee species and the US Bumblebee species have been put on the list of extinction. The main causes of their extinction are blood sucking parasites (varrao mites) and the use of insecticides.
Bees play an important role in our ecosystem and also have a big economic value. Bees are responsible for the pollination of a wide range of plants and crops. According to the Food and Agriculture Organization of the United Nations, of the 100 crop species that provide 90% of the worldwide food supply, 71 are dependent on bees for pollination.
The loss of the bee population worldwide would have a detrimental impact on our food chain, and therefore would pose a serious threat to human survival. It is necessary to monitor the health of bees and maintain healthy bee stocks. The European Commission has taken steps to diagnose and prevent bees’ mortality, for example by banning certain bee harming pesticides. Recently the EU Bee Partnership, which aims at improving the collection, management and sharing of data concerning bee health in Europe was launched.
The decision of the ECJ is expected to come into force by the end of 2018.
- Ewing, J., "Agricultural biotechnology: is the international regulation of transgenic agricultural plants for the birds (and the bees)?", Suffolk transnational law review, 25 (2002), No. 3, pp. 617-647.
- Global honey bee colony disorders and other threats to insect pollinators, Nairobi, UNEP, 2010.
- Gupta, A.K., "Conserving Biodiversity and Rewarding Associated Knowledge and Innovation Systems: Honey Bee Perspective", in Cottier, T. (ed.), Intellectual Property: Trade, Competition, and Sustainable Development, Ann Arbor, MI, University of Michigan Press, 2003, pp. 373-401.
- Jacobs, M., "Anklagemynigheden v. Ditlev Bluhme, Case C-67/97 (Danish Bees case)", Review of European Community and International Environmental Law, 8 (1999), No. 2, pp. 220-223.
- Matz-Lück, N., "Biological Diversity, International Protection", Max Planck Encyclopedia of Public International Law [MPEPIL], 2008.
- Rose, G., "Persistent Organic Pollutants (POPs)", Max Planck Encyclopedia of Public International Law [MPEPIL], 2014.
Relevant EU documents and articles
- PRESS RELEASE No 68/18 of the ECJ (Luxembourg, 17 May 2018), ECJ.
- Syngenta Crop Protection and Others v Commission - Case T-451/13 (Joined Cases T-429/13, T-451/13), ECJ.
- Bayer CropScience and Others v Commission (Cases T-429/13 and T-451/13) - C 231/18 (Judgment of the General Court of 17 May 2018), ECJ.
- Commission Implementing Regulation (EU) No 485/2013 of 24 May 2013 amending Implementing Regulation (EU) No 540/2011, as regards the conditions of approval of the active substances clothianidin, thiamethoxam and imidacloprid, and prohibiting the use and sale of seeds treated with plant protection products containing those active substances.
- Neonicotinoids fact sheet, European Commission.
- EU Efforts for bee health, EU.
- Bee health: what is the EU doing? Questions & Answers, EU.
- Bee health, EFSA.
- Bee health infograph, EFSA.
- Inventory of EFSA’s activities on bees, EFSA.
- Terms of reference for an EU Bee Partnership 10.2903/sp.efsa.2018.EN-1423, EFSA.
- Neonicotinoids: risks to bees confirmed, EFSA.
- World Bee Day: EU data partnership set to launch, EFSA.
UN and the protection of bees
- Bees could benefit from new EU rules on three insecticides, UN Environment.
- Pollinators vital to our food supply under threat, EduBirdie
- FAO's Global Action on Pollination Services for Sustainable Agriculture, FAO.
- Freebee: How bees can help raise food security of 2 billion smallholders at no cost, FAO.
- Tools for Conservation and Use of Pollination Services. Initial Survey of Good Pollination Practices, FAO.
- Countries urged to prioritize protection of pollinators to ensure food security at UN biodiversity conference, UN News.
Relevant news articles
EU & pesticides ban
- EU agrees total ban on bee-harming pesticides, Guardian.
- Total ban on bee-harming pesticides likely after major new EU analysis, Guardian.
- Top European court on the bee team. Ruling backs EU ban on pesticides, Politico.
- Countries vote to ban pesticides connected to harming bees, Politico.
- Commission a step closer to Juncker’s pledge to save the bees, Politico.
- I’m the bees’ man: Juncker on Article 50 day, Politico.
- Bee crisis: EU court backs near-total neonicotinoids ban, BBC.
- EU member states support near-total neonicotinoids ban, BBC.
- New clues to decline of bees and other pollinators, BBC.
- Total ban on bee-harming pesticides likely after major new EU analysis, Guardian.
- European Commission Press Release Celebrates Neonics Ban to Protect Bees, Sustainable Pulse.
- Three neonicotinoids down, more bee-killing pesticides to go, Greenpeace.
Bees: Endangered species
- U.S. Lists a Bumble Bee Species as Endangered for First Time, Scientific American.
- World's Biggest Bumblebee at Risk of Extinction, Scientific American.
- A Bumble Bee Species Is Now Officially Endangered in the U.S., Time.
- First U.S. Bumblebee Officially Listed as Endangered, National Geographic.
- 7 Species of Bees Added to Endangered List, Climate.org.
- UN, EU call for global action to protect bees, Phys.org.
- BEE Protective, Beyond Pesticides.
- What would happen if bees went extinct?, BBC.
- New clues to decline of bees and other pollinators, BBC.
- Death and extinction of bees, Global research.
- Honey tests reveal global contamination by bee-harming pesticides, Guardian.