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it is caused by the design or construction of the machinery or related product, irrespectively of whether the machinery or related product is compliant with relevant harmonised standards or whether such harmonised standards present or not shortcomings as regards their ability to confer presumption of conformity with the EU legislation on machinery applicable when the machinery or related product was placed on the EU market;

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.