Verification procedure for market surveillance purposes
ANNEX IVSupplementary provisions
ANNEX IV Verification procedure for market surveillance purposes The verification tolerances set out in this Annex relate only to the verification of the measured parameters by Member State authorities and shall not be used by the manufacturer, importer or authorised representative 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 communicating better performance by any means. Where a model has been designed to be able to detect it is being tested (e.g. by recognising the test conditions or test cycle), and to react specifically by automatically altering its performance during the test with the objective of reaching a more favourable level for any of the parameters specified in this Regulation or included in the technical documentation or included in any of the documentation provided, the model and all equivalent models shall be considered not compliant. 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, the authorities of the Member States shall apply the following procedure for the requirements referred to in Annex II: 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, importer or authorised representative than the results of the corresponding measurements carried out pursuant to point (g) thereof; and (b) the declared values meet any requirements laid down in this Regulation, and any required product information published by the manufacturer, importer or authorised representative does not contain values that are more favourable for the manufacturer, importer or authorised representative than the declared values; and (c) when the Member State authorities check the unit of the model, they check whether the manufacturer, importer or authorised representative has put in place a system that complies with the requirements in the second paragraph of Article 6; and (d) when the Member State authorities check the unit of the model, it complies with the functional requirements in point 2 of Annex II points from (a) to (f) and the requirements on resource efficiency in point 3 of Annex II; and (e) 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 set out in Table 6. 3. If the results referred to in point 2(a), (b), (c) or (d) are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation. 4. If the result referred to in point 2(e) is not achieved, the Member State authorities shall select three additional units of the same model for testing. As an alternative, the three additional units selected may be of one or more equivalent models. 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 set out in Table 6. 6. If the result referred to in point 5 is not achieved, the model and all equivalent models 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 once a decision has been taken on the non-compliance of the model according to points 3 or 6. The Member State authorities shall use the measurement and calculation methods set out in Annex III. The Member State authorities shall only apply the verification tolerances that are set out in Table 6 and shall use only the procedure described in points 1 to 7 for the requirements set out in this Annex. For the parameters in Table 6, no other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied. Table 6 Verification tolerances Parameters Verification tolerances Total volume and compartment volume The determined value ( 1 ) shall not be more than 3 % or 1 litre lower — whichever is the greater value — than the declared value. Freezing capacity The determined value ( 1 ) shall not be more than 10 % lower than the declared value. E 16 , E 32 The determined value ( 1 ) shall not be more than 10 % higher than the declared value. E aux The determined value ( 1 ) shall not be more than 10 % higher than the declared value. Annual energy consumption The determined value ( 1 ) shall not be more than 10 % higher than the declared value. Internal humidity of wine storage appliances (%) The determined value ( 1 ) shall not differ from the limits of the prescribed range by more than 10 %. Airborne acoustical noise emission The determined value ( 1 ) shall not be more than 2 dB(A) re 1 pW more than the declared value. ( 1 ) in the case of three additional units tested as prescribed in point 4, the determined value means the arithmetic mean of the values determined for these three additional units.