Commission Regulation (EU) 2022/617 of 12 April 2022 amending Regulation (EC) No 1881/2006 as regards maximum levels of mercury in fish and salt (Text with EEA relevance)

• Published date: 13 April 2022
• Official Gazette Publication: Official Journal of the European Union, L 115, 13 April 2022

13.4.2022 EN Official Journal of the European Union L 115/60

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COMMISSION REGULATION (EU) 2022/617

of 12 April 2022

amending Regulation (EC) No 1881/2006 as regards maximum levels of mercury in fish and salt

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (1), and in particular Article 2(3) thereof,

Whereas:

(1) Commission Regulation (EC) No 1881/2006 (2) sets maximum levels for certain contaminants, including mercury, in foodstuffs.

(2) On 22 November 2012, the European Food Safety Authority (‘the Authority’) adopted an opinion on mercury and methylmercury in food (3). In that opinion, the Authority established a tolerable weekly intake (‘TWI’) for inorganic mercury of 4 μg/kg body weight (‘b.w.’) and for methylmercury of 1,3 μg/kg b.w. (both expressed as mercury) and concluded that the 95th percentile dietary exposure is close to or above the TWI for all age groups. High fish consumers, which might include pregnant women, may exceed the TWI by up to approximately six-fold. Unborn children constitute the most vulnerable group. The opinion concluded that exposure to methylmercury above the TWI is of concern, but advised taking into account the beneficial effects of fish consumption, if measures to reduce methylmercury exposure were considered.

(3) On 27 June 2014, the Authority adopted an opinion on the health benefits of seafood consumption in relation to the health risks associated with exposure to methylmercury (4). In that opinion, the Authority reviewed the role of seafood in European diets and evaluated the beneficial effects of seafood consumption in relation to health outcomes, including the effects of seafood consumption during pregnancy on functional outcomes of children’s neurodevelopment and the effects of seafood consumption on cardiovascular disease risk in adults. The Authority concluded that consumption of about 1 to 2 servings of seafood per week and up to 3 to 4 servings per week during pregnancy has been associated with better functional outcomes of neurodevelopment in children compared to no consumption of seafood. Such amounts have also been associated with a lower coronary heart disease mortality in adults.

(4) On 19 December 2014, the Authority adopted a statement on the benefits of fish/seafood consumption compared to the risks of methylmercury in fish/seafood (5), where it concluded that, to achieve the benefits of fish consumption associated with 1 to 4 fish servings per week and to protect against neurodevelopmental toxicity of methylmercury, the consumption of fish/seafood species with a high content of mercury should be limited.

(5) Taking into account the outcome of the Authority’s scientific opinions and statement, the maximum levels for mercury should be reviewed, to reduce further the dietary exposure to mercury in food.

(6) As recent occurrence data show that there would be a margin to lower the maximum levels for mercury in various fish species, the maximum levels for those fish species should be modified accordingly.

(7) In view of the related health concerns, the level of mercury for shark and swordfish should be maintained at the current level, pending further data collection, scientific assessment and knowledge on the effectiveness of consumption advice in reducing the exposure.

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