Chapter III, obligations of economic operators dealing with products
Article 11: Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor that brands or modifies a product becomes the manufacturer and takes on the full Article 7 set.
- Citation
- Article 11, CELEX 32019L0882 (Directive)
- Binds
- An importer or distributor that puts its own name or trade mark on a product, or changes a product that is already on the market.
- In the instrument
- Chapter III, obligations of economic operators dealing with products
- Applies from
- 28 June 2025 for products placed and services provided from that date (Article 31(2)). The Article 4(8) 112 duty may be deferred to 28 June 2027 where a member state uses Article 31(3).
- Source
- EUR-Lex, CELEX 32019L0882
What it requires
The article converts an importer or distributor into a manufacturer in two situations. The first is placing the product on the market under its own name or trade mark. The second is changing a product that is already on the market in a way that may affect compliance with the Directive.
The trigger for modification is risk, not proof. If the change may affect compliance, the full manufacturer obligations in Article 7 apply: design to Annex I, the Annex IV technical file and procedure, the declaration, CE marking, the five-year retention and the corrective-action duties.
This matters for own-brand retail, for localisation that changes packaging or instructions, and for firmware or software changes that alter the user interface.
In practice
The own-brand question is a contract question as much as a compliance one. If the retail brand goes on the product, the retailer needs the manufacturer's full technical file and the right to use it, because the Article 7 duties and the five-year retention now sit with the retailer. Agree that access before the first order, not after the first complaint.
What to do
- Record every product sold under your own name or trade mark.
- Assess each modification for its possible effect on accessibility compliance.
- If the article applies, take on the full Article 7 file rather than a distributor checklist.
- Tell the original manufacturer in writing which role you now hold.
Evidence to keep
- The brand and trade mark register linked to each product.
- A modification assessment with a compliance-impact conclusion.
- The Article 7 technical file and declaration where the role changes.
Dates
- 2025-06-28Applies to placements and modifications from this date. (Article 2(1))
Cross-references
Where teams get this wrong
A localisation that only translates the manual can still affect compliance, because the instructions and safety information must be clear and intelligible. The test is possible effect, not proven harm.
Read from the Official Journal text of Directive (EU) 2019/882, OJ L 151/70, 7 June 2019, Article 11. Check it yourself: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019L0882. This page states the provision in our own words and is not legal advice; it does not certify any product or service.