EU Product Liability Directive (Directive (EU) 2024/2853)
PLD: Damages, Defectiveness and Substantial Modification

EU Product Liability Directive (Directive (EU) 2024/2853) PLD-Art.4(18)-SubstantialMod: Substantial modification (PLD Articles 4(18), 7(1) and 16(3)) - the modifier becomes a PLD manufacturer

The 2024 PLD introduces a substantive 'substantial modification' rule that transfers liability to the modifier. Article 4(18) defines substantial modification: a modification of a product after it has been placed on the market or put into service that is not foreseen or planned in the initial risk assessment of the manufacturer + changes the product's original performance + purpose + type in a way that affects the conformity with the relevant safety requirements. Article 7(1) where an economic operator (typically a distributor or any subsequent operator) substantially modifies a product, that operator becomes the 'manufacturer' for PLD purposes for the modified product. Article 16(3) the modifier triggers a NEW 10-year long-stop from the date of the modification + the original manufacturer remains liable only for the unmodified aspects. The substantial-modification rule is significantly broader than the prior 85/374/EEC regime and creates direct PLD exposure for refurbishers + remanufacturers + system integrators + AI fine-tuners that change a base model's behaviour.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

What else in your programme already covers this

This control maps to 2 controls across 2 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • MR-Art.17_18_19 Cases where manufacturer obligations apply to others and identification of economic operators (Articles 17-19)
  • EAA-Art.11_12 Cases where manufacturer obligations apply to others + economic operator identification (EAA Articles 11-12)

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in PLD: Damages, Defectiveness and Substantial Modification

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