European Union has updated maximum inorganic arsenic levels in fish and seafood and notified regional fisheries management arrangements, impacting key product categories including fish and seafood.
EU Tightens Arsenic Limits and Fisheries Management Rules
New safety thresholds apply to specific seafood categories, alongside updated trade governance notifications.
What changed
Stricter inorganic arsenic limits set for fish and seafood products to protect consumer health.
Specific thresholds apply to HS codes 030289, 030391, 030399, 030311, 030389, and 030636.
Regional fisheries management organizations notified under Article 8.6 of the Agreement on Fisheries Subsidies.
Who it affects
Fish and seafood importers must comply with new contaminant thresholds for specific product codes.
Fisheries operators affected by new trade governance and subsidy notifications.
Compliance Analysis: Updated EU Regulations on Inorganic Arsenic in Fish and Seafood, and Regional Fisheries Management Arrangements
1. Maximum Levels of Inorganic Arsenic in Fish and Seafood
The European Union has adopted Commission Regulation (EU) 2025/1891, amending Regulation (EU) 2023/915, to establish new maximum levels of inorganic arsenic in fish and seafood1. This regulation:
- Enters into force on the 20th day following its publication in the Official Journal of the European Union (i.e., 7 October 2025, assuming publication on 17 September 2025)1.
- Applies to all fish and seafood products placed on the EU market, including imports1.
- Replaces or updates prior thresholds for inorganic arsenic, though the exact numerical limits are not specified in the provided sources. Businesses must consult the full text of Regulation (EU) 2025/1891 for precise values1.
Key Compliance Steps for Operators:
- Review product categories to identify those affected by the new limits (e.g., finfish, crustaceans, mollusks)1.
- Update testing protocols to ensure compliance with the revised thresholds, including laboratory methods for detecting inorganic arsenic1.
- Adjust supply chain contracts to reflect the new requirements, particularly for imported seafood1.
- Monitor the Official Journal of the European Union for the publication date to confirm the exact entry into force1.
2. Regional Fisheries Management Organizations (RFMOs) and Arrangements
The EU has notified the World Trade Organization (WTO) Committee on Fisheries Subsidies of its participation in multiple RFMOs, pursuant to Article 8.6 of the Agreement on Fisheries Subsidies2. These RFMOs impose conservation, management, and Illegal, Unreported, and Unregulated (IUU) fishing measures that impact EU operators. Below is a structured overview of the key RFMOs referenced in the sources:
2.1. Key RFMOs and Their Requirements
| RFMO | Geographic Scope | Species Under Competence | IUU Fishing Measures | Conservation & Management Measures | Source |
|---|---|---|---|---|---|
| NEAFC (North-East Atlantic Fisheries Commission) | Atlantic Ocean north of 36°N, including parts of the Arctic and Mediterranean2. | Fish, mollusks, crustaceans (excluding highly migratory species listed in UNCLOS Annex I)2. | 2(https://www.neafc.org/mcs/scheme) for IUU determinations and vessel lists2. | 1(https://www.neafc.org/managing_fisheries/measures/current) (e.g., catch limits, closed areas)2. | 2 |
| NAFO (Northwest Atlantic Fisheries Organization) | Northwest Atlantic, excluding sedentary species and highly migratory species2. | Fish, mollusks, crustaceans (e.g., cod, redfish, shrimp)2. | 2(https://www.nafo.int/Fisheries/IUU)2. | 1(https://www.nafo.int/Fisheries/Conservation) (e.g., TACs, gear restrictions)2. | 2 |
| GFCM (General Fisheries Commission for the Mediterranean) | Mediterranean and Black Seas2. | All marine species (including sedentary species)2. | 2(https://www.fao.org/gfcm/activities/compliance/vessel-lists/en/)2. | 2(https://www.fao.org/gfcm/decisions/en/) (e.g., fishing effort limits)2. | 2 |
| NPFC (North Pacific Fisheries Commission) | North Pacific Ocean2. | Fish, mollusks, crustaceans (excluding sedentary species and highly migratory species)2. | 2(https://www.npfc.int/system/files/2024-07/CMM%202024-02%20IUU%20List.pdf) for IUU vessel lists2. | 1(https://www.npfc.int/active-conservation-and-management-measures)2. | 2 |
| SPRFMO (South Pacific Regional Fisheries Management Organisation) | South Pacific Ocean2. | Fish, mollusks, crustaceans (excluding sedentary species and highly migratory species)2. | 2(https://www.sprfmo.int/fisheries/conservation-and-management-measures/cmm-04-iuu-fishing/) for IUU determinations2. | 2(https://www.sprfmo.int/fisheries/conservation-and-management-measures/) (e.g., jack mackerel quotas)2. | 2 |
| CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) | Antarctic waters south of 60°S2. | Antarctic marine living resources (e.g., krill, toothfish)2. | 2(https://www.ccamlr.org/en/compliance/iuu)2. | 1(https://www.ccamlr.org/en/conservation-and-management) (e.g., catch documentation)2. | 2 |
2.2. Key Compliance Obligations for EU Operators
- IUU Fishing Determinations:
- Conservation and Management Measures:
- Catch limits (TACs): Operators must adhere to Total Allowable Catches (TACs) set by RFMOs (e.g.,2(https://www.nafo.int/Science/Stocks-Advice/pid/1326/ev/1/tagid/316/tagname/2014))2.
- Closed areas/seasons: Compliance with spatial/temporal restrictions (e.g.,2(https://www.neafc.org/managing_fisheries/measures/current))2.
- Gear restrictions: Use of approved fishing gear (e.g.,2(https://www.fao.org/gfcm/decisions/en/))2.
- Reporting and Documentation:
- Catch documentation schemes (CDS): Required for high-risk species (e.g.,2(https://www.ccamlr.org/en/conservation-and-management/conservation-and-managment))2.
- Vessel monitoring systems (VMS): Mandatory for vessels operating in RFMO areas (e.g.,2(https://www.npfc.int/active-conservation-and-management-measures))2.
- Subsidies Compliance:
- Under the WTO Agreement on Fisheries Subsidies, EU operators must ensure that subsidies do not support IUU fishing or overfished stocks managed by RFMOs2.
3. Summary Answer
The European Union has updated maximum levels of inorganic arsenic in fish and seafood via Commission Regulation (EU) 2025/1891, which amends Regulation (EU) 2023/915 and enters into force on 7 October 20251. Operators must review product testing protocols and supply chain contracts to comply with the new thresholds1.
Additionally, the EU has notified its participation in 18 Regional Fisheries Management Organizations (RFMOs), which impose IUU fishing controls, catch limits, and conservation measures on EU operators2. Key obligations include:
- Avoiding IUU-listed vessels (e.g., (https://www.neafc.org/mcs/iuu),2(https://www.nafo.int/Fisheries/IUU))2.
- Adhering to RFMO conservation measures (e.g., TACs, closed areas, gear restrictions)2.
- Complying with reporting requirements (e.g., catch documentation, VMS)2.
Failure to comply with these regulations may result in market access restrictions, penalties, or exclusion from EU subsidies2, 1. Operators should consult the full texts of Regulation (EU) 2025/1891 and RFMO measures for precise details.
Sources
- ↩ Committee on Sanitary and Phytosanitary Measures – Notification – European Union – Maximum levels of inorganic arsenic in fish and other seafood – Addendum https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/NEU825A1.pdf&Open=True
- ↩ Committee on Fisheries Subsidies – Notification of regional fisheries management organizations / arrangements pursuant to article 8.6 of the Agreement on Fisheries Subsidies – European Union https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/FS/RFMO/N/EU1.pdf&Open=True