A product, which has been subject to important changes or overhauls aiming to modify its original performance, purpose or type, after it has been put into service, may be considered as a new product. This has to be assessed on a case-by-case basis. The person who carries out the changes becomes then the manufacturer with all the corresponding obligations.
In addition, a modified product sold under the name or trademark of a natural person different from the original manufacturer should be considered as new, and the person under whose name or trademark the product is sold is responsible for ensuring compliance with all relevant regulations.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.