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Defined terms — DIRECTIVE (EU) 2024/2853 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC (Text with EEA relevance)

European Union · 32024L2853 · 72 provisions

14 defined in this instrument, 3 borrowed from other acts.

All provisions · All instruments

authorised representative — any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer’s behalf in relation to specified tasks Article 4 — Definitions
component — any item, whether tangible or intangible, raw material or related service, that is integrated into, or inter-connected with, a product; (5) ‘manufacturer’s control’ means that: (a) the manufacturer of a product performs or, with regard to actions of a third party, authorises or consents to: (i) the integration, inter-connection or supply of a component, including software updates or upgrades; or (ii) the modification of the product, including substantial modifications; (b) the manufacturer of a product has the ability to supply software updates or upgrades, themselves or via a third party Article 4 — Definitions
data — borrowed from another act; this instrument states no meaning of its own Article 4 — Definitions
digital manufacturing file — a digital version of, or digital template for, a movable which contains the functional information necessary to produce a tangible item by enabling the automated control of machinery or tools Article 4 — Definitions
distributor — any natural or legal person in the supply chain who makes a product available on the market, other than the manufacturer or importer of that product Article 4 — Definitions
economic operator — a manufacturer of a product or component, a provider of a related service, an authorised representative, an importer, a fulfilment service provider or a distributor Article 4 — Definitions
fulfilment service provider — any natural or legal person offering, in the course of a commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching of a product, without having ownership of that product, excluding postal services as defined in Article 2, point (1), of Directive 97/67/EC of the European Parliament and of the Council (19), parcel delivery services as defined in Article 2, point (2), of Regulation (EU) 2018/644 of the European Parliament and of the Council (20), and any other postal services or freight transport services Article 4 — Definitions
importer — any natural or legal person who places a product from a third country on the Union market Article 4 — Definitions
making available on the market — any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge Article 4 — Definitions
manufacturer — any natural or legal person who: (a) develops, manufactures or produces a product; (b) has a product designed or manufactured, or who, by putting their name, trademark or other distinguishing features on that product, presents themselves as its manufacturer; or (c) develops, manufactures or produces a product for their own use Article 4 — Definitions
online platform — borrowed from another act; this instrument states no meaning of its own Article 4 — Definitions
placing on the market — the first making available of a product on the Union market Article 4 — Definitions
product — all movables, even if integrated into, or inter-connected with, another movable or an immovable; it includes electricity, digital manufacturing files, raw materials and software Article 4 — Definitions
putting into service — the first use of a product in the Union in the course of a commercial activity, whether in return for payment or free of charge, in circumstances in which that product has not been placed on the market prior to its first use Article 4 — Definitions
related service — a digital service that is integrated into, or inter-connected with, a product in such a way that its absence would prevent the product from performing one or more of its functions Article 4 — Definitions
substantial modification — 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 Article 4 — Definitions
trade secret — borrowed from another act; this instrument states no meaning of its own Article 4 — Definitions