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1. An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of a manufacturer pursuant to Article 22, where:

(a) it places a product on the market under its own name or trademark;

(b) it modifies a product intentionally or the product is unintentionally modified in such a way that compliance with the declaration of performance and conformity, or with the requirements set out in or adopted in accordance with this Regulation may be affected;

(c) it makes a product available on the market with a declared use that is different from the declared use attributed by the manufacturer in the process of assessment and verification;

(d) it claims for the product characteristics deviating from the characteristics declared by the manufacturer; or (e) it opts to assume the role of the manufacturer.

2. Paragraph 1 shall also apply to an economic operator who places on the market:

(a) a used product covered by a harmonised technical specification laying down provisions for used products;

(b) a used product not covered by a harmonised technical specification with provisions for used products and not placed on the Union market before;

(c) a remanufactured product.

3. Paragraph 1 shall not apply where the economic operator only:

(a) adds translations of information supplied by the manufacturer;

(b) replaces the outer packaging of a product already placed on the market, including when changing the packaging size, if the repackaging is carried out in such a way that the original condition of the product cannot be affected by it, and that any information required by this Regulation is still correctly provided.

4. An economic operator providing the activities listed in paragraph 3 shall inform thereof the manufacturer or its authorised representative, regardless of whether that economic operator owns the products or provides services. It shall carry out the repackaging in such a way that neither the original condition of the product nor its compliance with this Regulation is affected by the repackaging, and such that any information required by this Regulation is still correctly provided. The economic operator shall act with due care in relation to the obligations of this Regulation.