32. An economic operator (“A”) who would, but for this regulation, be considered an importer or distributor, is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under Part 2, where A—
(a)places apparatus on the market under A's own name or trademark; or
(b)modifies apparatus already placed on the market in such a way that it may affect whether the apparatus is in conformity with Part 2.