36. 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 radio equipment on the market under A’s own name or trademark, or
(b)modifies radio equipment already placed on the market in such a way that it may affect whether the radio equipment is in conformity with Part 2.