ANNEX VISupplementary provisions
ANNEX VI Amendments to Annexes II and III to Regulation (EC) No 642/2009 (1) In Annex II, the fourth indent of paragraph (c) of part 1 is deleted. (2) The title of Annex III is replaced by ‘Product compliance verification by market surveillance authorities’. (3) Annex III part A is replaced by the following: ‘A. 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. They shall apply the steps set out in points 2(a), 2(b) and 3 below also during the verification procedure set out in part B of this Annex. (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) comply with the respective verification tolerances as given in Table 1. (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, the Member State authorities shall select three additional units of the same model for testing. (5) The model shall be considered to comply with the applicable requirements if, for these three units, the arithmetical mean of the determined values complies with the respective verification tolerances given in Table 1. (6) If the result referred to in point 5 is not achieved, the model shall be considered not to comply with this Regulation. (7) 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 and 6. The Member State authorities shall use the calculation methods set out in Annex I and the measurement conditions set out in Annex II. The Member State authorities shall only apply the verification tolerances that are set out in Table 1 and shall only use the procedure described in points 1 to 7 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 1 Verification tolerances Parameters Verification tolerances On-mode power consumption given in Annex I, points 1 and 2 of Part 1 The determined value shall not exceed the declared value by more than 7 %. Off-mode/standby conditions, as applicable, given in Annex I, points 1(a) and (b) and points 2(a) and (b) of Part 2 The determined value shall not exceed the declared value by more than 0,10 W. Peak luminance ratio given in Annex I, Part 5 The determined value shall not be lower than 60 % of the peak luminance of the brightest on-mode condition provided by the television.’ (4) The 9th, 10th, 11th and 12th paragraphs of Annex III part B are replaced by the following: ‘The model shall be considered to comply with this Regulation if the results for each type of network port do not exceed the declared value by more than 7 %. Otherwise, three more units shall be tested. The model shall be considered to comply with this Regulation if the arithmetical mean of the determined values does not exceed the declared value by more than 7 %. Otherwise, the model shall be considered not to comply. 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 without delay after the decision being taken on the non-compliance of the model.’