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substantial modification

as defined in Directive (EU) 2024/2853 of the European Parliament and of the Council of…, Article 4, point (18) (Definitions)

(18) 

‘substantial modification’ means a modification of a product after it has been placed on the market or put into service:

(a) 

that is considered substantial under relevant Union or national rules on product safety; or

(b) 

where relevant Union or national rules on product safety lay down no threshold on what is to be considered a substantial modification, that:

(i) 

changes the product’s original performance, purpose or type, without that change having been foreseen in the manufacturer’s initial risk assessment; and

(ii) 

changes the nature of the hazard, creates a new hazard or increases the level of risk.

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