ANNEX IVSupplementary provisions
ANNEX IV Amendments to Annex III to Regulation (EC) No 640/2009 Annex III is replaced by the following: ‘ANNEX III Product compliance verification by market surveillance authorities The verification tolerances defined in this Annex relate only to the verification of the measured parameters by Member State authorities and shall not be used by the manufacturer or importer as an allowed tolerance to establish 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. When verifying the compliance of a product model with the requirements laid down in this Regulation pursuant to Article 3(2) of Directive 2009/125/EC, for the requirements referred to in this Annex, the authorities of the Member States shall apply the following procedure: (1) The Member State authorities shall verify one single unit of the model. (2) The model shall be considered to comply with the applicable requirements if: (a) the values given in the technical documentation pursuant to point 2 of Annex IV to Directive 2009/125/EC (declared values), and, where applicable, the values used to calculate these values, are not more favourable for the manufacturer or importer than the results of the corresponding measurements carried out pursuant to paragraph (g) thereof; and (b) the declared values meet any requirements laid down in this Regulation, and any required product information published by the manufacturer or importer does not contain values that are more favourable for the manufacturer or importer than the declared values; and (c) when the Member State authorities test the unit of the model, the determined values (the values of the relevant parameters as measured in testing and the values calculated from these measurements), including the total losses (1-η) as decisive criterion for the efficiency, comply with the respective verification tolerances as given in Table 3. (3) If the results referred to in point 2(a) or (b) are not achieved, the model shall be considered not to comply with this Regulation. (4) If the result referred to in point 2(c) is not achieved: (a) for models that are produced in quantities of less than five per year, the model shall be considered not to comply with this Regulation; (b) for models that are produced in quantities of five or more per year, the Member State authorities shall select three additional units of the same model for testing. The model shall be considered to comply with the applicable requirements if, for these three units, the arithmetical mean of the determined values, including the total losses (1-η) as decisive criterion for the efficiency, complies with the respective verification tolerances given in Table 3. (5) If the result referred to in point 4(b) is not achieved, the model shall be considered not to comply with this Regulation. (6) The Member State authorities shall provide all relevant information to the authorities of the other Member States and to the Commission without delay after a decision being taken on the non-compliance of the model according to points 3, 4(a) and 5. The Member State authorities shall use the measurement and calculation methods set out in Annex II. The Member State authorities shall only apply the verification tolerances that are set out in Table 3 and shall only use the procedure described in points 1 to 6 for the requirements referred to in this Annex. No other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied. Table 3 Verification tolerances Parameters Motors on the power range 0,75-150 kW Motors in the power range 150-375 kW Total losses (1-η) Maximum 15 % above the values as derived from declared values according to Annex I Maximum 10 % above the values as derived from declared values according to Annex I’