Commission Implementing Regulation (EU) 2025/691 of 9 April 2025 authorising the placing on the market of vitamin D2 mushroom powder as a novel food and amending Implementing Regulation (EU) 2017/2470

Type Implementing Regulation
Publication 2025-04-10
State In force
Text As published
Department European Commission, SANTE
Source EUR-Lex
articles 4

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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Image omitted; see official source Official Journal of the European Union EN L series
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2025/691 10.4.2025

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 1, and in particular Article 12(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.

Vitamin D2 mushroom powder is authorised to be placed on the market within the Union.

Vitamin D2 mushroom powder shall be included in the Union list of novel foods set out in Implementing Regulation (EU) 2017/2470.

2.

The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

Article 2

Only the company Luxidum GmbH 8 is authorised to place on the market within the Union the novel food referred to in Article 1, for a period of 5 years from 30 April 2025, unless a subsequent applicant obtains an authorisation for that novel food without reference to the scientific data protected pursuant to Article 3 or with the agreement of Luxidum GmbH.

Article 3

The scientific data contained in the application file and fulfilling the conditions laid down in Article 26(2) of Regulation (EU) 2015/2283 shall not be used for the benefit of a subsequent applicant for a period of 5 years from the date of entry into force of this Regulation without the agreement of Luxidum GmbH.

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 April 2025.

For the Commission

The President

Ursula VON DER LEYEN

2

Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72, ELI: http://data.europa.eu/eli/reg_impl/2017/2470/oj).

3

Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51, ELI: http://data.europa.eu/eli/dir/2002/46/oj).

4

Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35, ELI: http://data.europa.eu/eli/reg/2013/609/oj).

5

Section of “3.2 Description of the production process”.

6

Sections “4.3 Stability of vitamin D2

” and “4.4 Stability of NF as an ingredient in a representative processed food”.

7

EFSA Journal 2024;22:e8817.

8

Tempelhof 3, 74594 Kressberg, Germany.

ANNEX

The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows:

Authorised novel food Conditions under which the novel food may be used Conditions under which the novel food may be used Additional specific labelling requirements Other requirements Data protection
‘Vitamin D2 mushroom powder Specified food category Maximum levels of vitamin D2 (μg/100 g or 100 ml) 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Breakfast cereals 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Yeast-leavened breads and pastries 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Pasta based products and similar products 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Fruit beverages (except products defined in Part I of Annex I to Directive 2001/112/EC) and vegetable beverages 1,2 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Concentrated or dehydrated fruit beverages (except products defined in Part I of Annex I to Directive 2001/112/EC) and concentrated or dehydrated vegetable beverages 8,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Yoghurt drinks and other fermented milk-based drinks, flavoured milks 1,2 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Milk concentrate 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Milk powder, whey powder 24 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Cream powder 98,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Whey 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Dairy dessert and similar products 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Cheese 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Meal replacements for weight control 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Meat and dairy analogues 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Soups 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Dried soups 21,6 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Extruded snacks, potato crisps, sticks 2,4 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Foods for Special Medical Purposes as defined under Regulation (EU) No 609/2013 excluding those intended for infants In accordance with the particular nutritional requirements of the persons for whom the products are intended but not higher than 15 μg/day 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
‘Vitamin D2 mushroom powder Food supplements as defined in Directive 2002/46/EC, excluding food supplements for infants and young children 15 μg/day 1. The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘UV-treated mushroom powder containing vitamin D2’. 2. The labelling of food supplements containing vitamin D2 mushroom powder shall bear a statement that they should not be consumed by infants and young children. Authorised on 30 April 2025. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283. Applicant: Luxidum GmbH, Tempelhof 3, 74594 Kressberg, Germany. During the period of data protection, the novel food vitamin D2 mushroom powder is authorised for placing on the market within the Union only by Luxidum GmbH, unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Luxidum GmbH. End date of the date protection: 30 April 2030.’
Authorised Novel Food Specifications
‘Vitamin D2 mushroom powder Description/Definition: The novel food is produced by controlled exposure of Agaricus bisporus mushrooms powder to UV irradiation. UV radiation: A process of radiation in ultraviolet light within a range of wavelength similar to those UV-treated novel foods authorised under Regulation (EU) 2015/2283. Characteristics/composition: Vitamin D2 content: 245-460 μg/g Moisture: ≤ 10 % Ash: ≤ 12 % Water activity: < 0,5 Fat: ≤ 4,5 % Total carbohydrates: ≤ 45 % Protein: ≤ 36 % Heavy metals: Lead: ≤ 0,5 mg/kg Cadmium: ≤ 0,5 mg/kg Mercury: ≤ 0,1 mg/kg Arsenic: ≤ 0,3 mg/kg Mycotoxins: Aflatoxin B1: ≤ 2 μg/kg Aflatoxins (sum of B1 + B2 + G1 + G2): < 4 μg/kg Microbiological criteria: Total aerobic microbial count: ≤ 5 000 CFU/g Total yeast and mould count: < 100 CFU/g Salmonella spp.: Not detected in 25 g Staphylococcus aureus: Not detected in 10 g Coliforms: ≤ 10 CFU/g Escherichia coli: Not detected in 10 g Listeria monocytogenes: Not detected in 25 g CFU: colony forming units’

ELI: http://data.europa.eu/eli/reg_impl/2025/691/oj

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