Article 12 — Cases in which obligations of manufacturers apply to other persons

1. A natural or legal person shall be considered to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 7, where such a natural or legal person places a toy on the market under that person’s name or trademark or carries out a substantial modification on a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected and makes it available on the market. 2. A modification of a toy, by physical or digital means after a toy has been placed on the market, shall be deemed to be substantial where it has not been foreseen or planned by the manufacturer and where it affects the safety of that toy, by creating a new hazard or by increasing an existing risk. 3. A consumer or other end user who carries out a substantial modification to his or her toy shall not be considered to be a manufacturer for the purposes of this Regulation and shall not be subject to the obligations of the manufacturer set out in Article 7.