ANNEX II Standard wording for verification annexes in Ecodesign implementing measures and Energy Labelling delegated acts Energy labelling – draft text for amending the verification annexes in relation to tolerances RECITAL for the omnibus amendment The tolerances set in the verification annexes of delegated acts should be applied only for conformity verification purposes by Member State authorities, representing the variations of the measurement results of the verification tests compared to the values of the declared or published parameters. Tolerances should not be used by the supplier in establishing the values in the technical documentation or in interpreting these values with a view to achieving a better labelling classification or to communicate better performance by any means. All parameters declared or published by the supplier should not be more favourable for the supplier than the values contained in the technical documentation. STANDARD TEXT for the verification annexes ANNEX X Procedure for product conformity verification by market surveillance authorities For the purposes of assessing conformity of products with the requirements laid down in this delegated Regulation, the authorities of the Member States shall apply the following procedure: 1. The Member State authorities shall test one single unit per model. [In some cases, like the lighting regulations, instead of the two-stage testing, a single batch of 20 products is tested. The standard wording of points 1-5 will be adapted accordingly in those cases.] 2. The model shall be considered to comply with the applicable requirements: (a) if the tolerances set out in Table x [This is the Table where tolerances are given in each delegated Regulation, the table number can vary.] were not used by the supplier in establishing the values in the technical documentation according to Article 5 paragraph (b) of Directive 2010/30/EU, including the test reports according to point (iii) thereof; and (b) if the values published on the label and in the product fiche, and the values used to determine the published values and the label classes are not more favorable for the supplier than the values in the technical documentation, including the test reports; (c) if, when testing the unit of the model, all measured parameters and the values calculated from these measurement(s) show compliance with the respective tolerances according to Table x. 3. If the result referred to in points 2(a) and 2(b) are not achieved, the model [and all equivalent models if applicable in the given measure] shall be considered not to comply with this Regulation. 4. If the result referred to in point 2(c) is not achieved, the Member State authorities shall select three additional units of the same model for testing. [In some cases, as an alternative, the three additional units selected may be of one or more different models which have been listed as equivalent product in the supplier’s technical documentation.] 5. The model shall be considered to comply with the applicable requirements if for these three units the arithmetical mean of the measured values of the relevant parameters and the values calculated from these measurement(s) show compliance with the respective tolerances according to Table x 6. If the result referred to in point 5 is not achieved, the model [and all equivalent models if applicable in the given measure] shall be considered not to comply with this Regulation. 1 7. The Member State authorities shall provide the test results and other relevant information to the authorities of the other Member States and to the Commission within one month of the decision being taken on the non-compliance of the model according to points 3 and 6. Member State authorities shall use the measurement and calculation methods set out in Annex y. [This is the Annex where measurement and calculations methods are given in each delegated Regulation, the table number can vary.] Member State authorities shall only apply those tolerances that are set out in Table x and the procedure described in points from 1 to 7. No other tolerances (e.g. those set out in harmonised standards or in any other measurement method) shall be applied. Table x [Verification tolerances specific to the parameters of the given measure] 2 Ecodesign – draft text for amending the verification annexes in relation to tolerances RECITAL for the omnibus amendment The tolerances set in the verification annexes of implementing measures should be applied only for conformity verification purposes by Member State authorities, representing the variations of the measurement results of the verification tests compared to the respective values of the ecodesign specific requirements. Tolerances should not be used by the manufacturer or importer in establishing the values in the technical documentation or in interpreting these values with a view to achieving compliance or to communicate better performance by any means. All parameters declared or published by the manufacturer or importer should not be more favourable for the manufacturer or importer than the values contained in the technical documentation. STANDARD TEXT for the verification annexes ANNEX X Procedure for product conformity verification by market surveillance authorities For the purposes of assessing conformity of products with the requirements laid down in this Regulation referred to in Article 3(2) of 2009/125/EC, the authorities of the Member States shall apply the following procedure: 1. The Member State authorities shall test one single unit per model. [In some cases, like the lighting regulations, instead of the two-stage testing, a single batch of 20 products is tested. The standard wording of points 1-5 will be adapted accordingly in those cases.] 2. The model shall be considered to comply with the applicable requirements: a) if the tolerances set out in Table x [This is the Table where tolerances are given in each delegated Regulation, the table number can vary.] were not used by the manufacturer or importer in establishing the values in the technical documentation file according to Annex IV point 2 of Directive 2010/30/EU, including test reports according to paragraph (g) thereof; and b) if the values provided in the product information as required by this Regulation [In some cases no product information are required in a Regulation], and the values used to determine these values and the compliance of the model are not more favorable for the manufacturer or importer than the values in the technical documentation file, including test reports; and c) if, when testing the unit of the model all measured parameters and the values calculated from these measurement(s) show compliance with the respective tolerances according to Table x. 3. If the result referred to in points 2(a) and 2 (b) are not achieved, the model [and all equivalent models if applicable in the given measure] shall be considered not to comply with this Regulation. 4. If the result referred to in point 2(c) is not achieved, the Member State authorities shall select three additional units of the same model for testing. [In some cases, as an alternative, the three additional units selected may be of one or more different models which have been listed as equivalent product in the supplier’s technical documentation.] 5. The model shall be considered to comply with the applicable requirements if for these three units the arithmetical mean of the measured values of the relevant parameters and the values calculated from these measurement(s) show compliance with the respective tolerances according to Table x. 6. If the result referred to in point 5 is not achieved, the model [and all equivalent models if applicable in the given measure] shall be considered not to comply with this Regulation. 7. The Member State authorities shall provide the test results and other relevant information to the authorities of the other Member States and to the Commission within one month of the decision being taken on the non-compliance of the model according to points 3 and 6. 3 Member State authorities shall use the measurement and calculation methods set out in Annex y. [This is the Annex where measurement and calculations methods are given in each delegated Regulation, the table number can vary.] Member State authorities shall only apply those tolerances that are set out in Table x and the procedure described in points from 1 to 7. No other tolerances (e.g. those set out in harmonised standards or in any other measurement method) shall be applied. Table x [Verification tolerances specific to the parameters of the given measure] 4