(1)

On 22 November 2012, the European Food Safety Authority (‘the Authority’) adopted an opinion on mercury and methylmercury in food (1). 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.

(2)

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 (2). 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 one to two servings of seafood per week and up to three to four 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.

(3)

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 (3), where it concluded that, to achieve the benefits of fish consumption associated with one to four 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.

(4)

Commission Regulation (EC) No 1881/2006 (4) sets maximum levels for mercury in muscle meat of fish, crustaceans, bivalve molluscs and food supplements.

(5)

As recent occurrence data showed that there was a margin to lower the maximum levels for mercury in various fish species, the maximum levels for those fish species have been lowered by means of Commission Regulation (EU) 2022/617. (5) For other fish species such as shark and swordfish, despite some calls to increase the existing maximum levels, Regulation (EU) 2022/617 has maintaned them in view of the related health concerns, pending a further data collection and scientific assessment.

(6)

Therefore, and in order to obtain detailed data on the effective impact of the lowered maximum levels for certain fish species on the overall consumer exposure to mercury, it is advisable that Member States report to the Authority on the occurrence of mercury in all fish species for both farmed and wild caught products from different production types.

(7)

Furthermore, so far, most occurrence data are available for total mercury. As methylmercury is more toxic than inorganic mercury, occurrence data for both methylmercury and total mercury in the samples should be reported to help to calculate the ratio of methylmercury on total mercury in specific fish species. This would help to refine the exposure and risk assessments for mercury in food.

(8)

Consumption advice for fish is an important risk management instrument in view of fully achieving the beneficial effects of fish consumption, whilst limiting the risks of mercury toxicity. However, the exposure data for specific fish species in the 2012 Authority opinion suggest a lack of knowledge or respect by consumers of the available consumption advice. It is therefore useful to recommend the development of national consumption advice by Member State competent authorities as well as an active communication of such an advice, leading to an increased awareness of such consumption advice. Due to the wide variety in fish species consumed across the Union, Member States should tailor consumption advice, taking into consideration their national pattern of fish consumption, especially the species of fish consumed. In the distribution of this national food consumption advice, Member States competent authorities should be assisted by all involved parties such as food business operators, relevant health care workers, universities, consumer organisations and other interested parties.

(9)

In order to assess the impact of the consumption advice for fish on the consumer exposure, the Authority should carry out a survey on the effectiveness of the Member States’ consumption advice.

(10)

The collected occurrence data for mercury and the information on the effectiveness of the consumption advice will help to refine the consumer exposure assessment, which is needed for a future update of the consumer risk assessment for mercury. These assessments will allow to evaluate whether it might be appropriate to revise the maximum level for mercury in certain fish species.