Commission Regulation (EU) 2016/2282

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products^note, and in particular Article 15(1) thereof,After consulting the Ecodesign Consultation Forum,Whereas:

(1)Experience in implementing Commission Regulations on ecodesign requirements adopted on the basis of Directive 2009/125/EC has revealed that the verification tolerances laid down in the implementing measures, and intended for use only by market surveillance authorities, have been used by some manufacturers and importers to establish the values required to be provided in the technical documentation or to interpret those values with a view to achieving compliance or to communicate better performance of their products.

(2)The verification tolerances are designed to allow for variations that emerge in the measurements taken during verification tests, which are due to the differences in the measurement equipment used by manufacturers, importers and surveillance authorities across the Union. Verification tolerances should not be used by the manufacturer or importer for establishing the values in the technical documentation or for interpreting those values in order to achieve compliance with ecodesign rules or to communicate better performance than has actually been measured and calculated. The 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.

(3)To ensure fair competition, to realise the energy savings that the Regulations were designed to achieve and to provide consumers with accurate information about the environmental and functional performance of products, it should be clarified that the verification tolerances set out in the implementing measures may only be used by the Member State authorities, for the purpose of verifying compliance.

(4)Commission Regulations (EC) No 1275/2008^note, (EC) No 107/2009^note, (EC) No 278/2009^note, (EC) No 640/2009^note, (EC) No 641/2009^note, (EC) No 642/2009^note, (EC) No 643/2009^note, (EU) No 1015/2010^note, (EU) No 1016/2010^note, (EU) No 327/2011^note, (EU) No 206/2012^note, (EU) No 547/2012^note, (EU) No 932/2012^note, (EU) No 617/2013^note, (EU) No 666/2013^note, (EU) No 813/2013^note, (EU) No 814/2013^note, (EU) No 66/2014^note, (EU) No 548/2014^note, (EU) No 1253/2014^note, (EU) 2015/1095^note, (EU) 2015/1185^note, (EU) 2015/1188^note, (EU) 2015/1189^note and (EU) 2016/2281^note should therefore be amended accordingly.

(5)Data provided by lighting industry actors shows that many lamp types intended as alternatives to the least efficient banned types (such as the mains-voltage halogen bulbs intended to replace incandescent bulbs) would be entirely removed from the market by Regulations (EC) No 244/2009^note, (EC) No 245/2009^note and (EU) No 1194/2012^note if manufacturers were prohibited from using the approach for data and information declaration described in the measurement standards supporting the verification tolerances set out in these Regulations in the way that is current practice throughout the industry. It is therefore appropriate not to amend those three Regulations through this Regulation, but to clarify the intended use of the tolerances in conjunction with a reassessment of the related minimum requirements when those Regulations are next reviewed.

(6)The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 19(1) of Directive 2009/125/EC,

HAS ADOPTED THIS REGULATION:

Annex I

Amendments to Annex III to Regulation (EC) No 1275/2008

Annex III is replaced by the following:

Annex II

Product compliance verification by market surveillance authorities

(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 the table below.

(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 the table below.

(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 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:

The Member State authorities shall use the measurement and calculation methods set out in Annex I.

The Member State authorities shall only apply the verification tolerances that are set out in the table below 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.

Verification tolerances
Parameters	Verification tolerances
No-load condition	The determined value shall not exceed the declared value by more than 0,10 W.
Arithmetical mean of efficiency at load conditions 1-4 as defined in Annex I	The determined value shall not be lower than the declared value by more than 5 %.’

III

Product compliance verification by market surveillance authorities

(1)The Member State authorities shall verify one single unit of the model. Given the weight and size limitations in the transportation of medium and large power transformers, Member States authorities may decide to undertake the verification procedure at the premises of manufacturers, before they are put into service in their final destination.

(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), (b) or (c) are not achieved, the model shall be considered not to comply with this Regulation.

(4)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 point 3.

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 and its Annexes 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:

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 1 and shall only use the procedure described in points 1 to 4 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
Parameters	Verification tolerances
Load losses	The determined value shall not exceed the declared value by more than 5 %.
No-load losses	The determined value shall not exceed the declared value by more than 5 %.
The electrical power required by the cooling system for no-load operation	The determined value shall not exceed the declared value by more than 5 %.’

Annex IV

Product compliance verification by market surveillance authorities

(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 30.

(3)If the results referred to in point 2(a) or (b) are not achieved, the model and any other model where the information included in the technical documentation was obtained on the same basis shall be considered not to comply with this Regulation.

(4)For air heating product, cooling product, high temperature process chiller or fan coil unit models with a rated heating, cooling or refrigeration capacity ≥ 70 kW or that are produced in lower quantities than 5 per year, if the result referred to in point 2(c) is not achieved, the model and any other model where the information included in the technical documentation was obtained on the same basis shall be considered not to comply with this Regulation.

(5)For air heating product, cooling product, high temperature process chiller or fan coil unit models with a rated heating, cooling or refrigeration capacity < 70 kW or that are produced in quantities of 5 or more per year, 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.

(6)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 30.

(7)If the result referred to in point 6 is not achieved, the model and any other model where the information included in the technical documentation was obtained on the same basis shall be considered not to comply with this Regulation.

(8)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 and 7.

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:

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 30 and shall only use the procedure described in points 1 to 8 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 30
Parameters	Verification tolerance
Seasonal space heating energy efficiency (η_s,h) for air heating products at the rated heating capacity of the unit	The determined value shall not be lower than the declared value by more than 8 %.
Seasonal space cooling energy efficiency (η_s,c) for cooling products at the rated cooling capacity of the unit	The determined value shall not be lower than the declared value by more than 8 %.
Sound power level (L_WA) for air heating products and cooling products	The determined value shall not exceed the declared value by more than 1,5 dB.
Emissions of nitrogen oxides for fuel fired air heating products and cooling products expressed in nitrogen dioxide	The determined value shall not exceed the declared value by more than 20 %.
Seasonal energy performance ratio (SEPR) of high temperature process chillers at the rated refrigeration capacity of the unit	The determined value shall not be lower than the declared value by more than 10 %.
Rated energy efficiency ratio (EER_A) of high temperature process chillers at the rated refrigeration capacity	The determined value shall not be lower than the declared value by more than 5 %.’

Annex V

Product compliance verification by market surveillance authorities

(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 7.

(3)If the results referred to in point 2(a) or (b) are not achieved, the model and all models that have been listed as equivalent water heater models or hot water storage tanks models in the manufacturer's or importer's technical documentation 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. As an alternative, the three additional units selected may be of one or more different models that have been listed as equivalent models in the manufacturer's or importer'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 determined values complies with the respective verification tolerances given in Table 7.

(6)If the result referred to in point 5 is not achieved, the model and all models that have been listed as equivalent water heater models or hot water storage tanks models in the manufacturer's or importer's technical documentation 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 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:

The Member State authorities shall use the measurement and calculation methods set out in Annex III and Annex IV.

The Member State authorities shall only apply the verification tolerances that are set out in Table 7 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 7
Parameters	Verification tolerances
Daily electricity consumption, Q_elec	The determined value shall not exceed the declared value by more than 5 %.
Sound power level, L_WA, indoors and/or outdoors	The determined value shall not exceed the declared value by more than 2 dB.
Daily fuel consumption, Q_fuel	The determined value shall not exceed the declared value by more than 5 %.
Emissions of nitrogen oxides	The determined value shall not exceed the declared value by more than 20 %.
Weekly fuel consumption with smart controls, Q_{fuel,week,smart}	The determined value shall not exceed the declared value by more than 5 %.
Weekly electricity consumption with smart controls, Q_{elec,week,smart}	The determined value shall not exceed the declared value by more than 5 %.
Weekly fuel consumption without smart controls, Q_fuel,week	The determined value shall not exceed the declared value by more than 5 %.
Weekly electricity consumption without smart controls, Q_elec,week	The determined value shall not exceed the declared value by more than 5 %.
Storage volume, V	The determined value shall not be lower than the declared value by more than 2 %.
Mixed water at 40 °C, V40	The determined value shall not be lower than the declared value by more than 3 %.
Collector aperture area, A_sol	The determined value shall not be lower than the declared value by more than 2 %.
Pump power consumption, solpump	The determined value shall not exceed the declared value by more than 3 %.
Standby power consumption, solstandby	The determined value shall not exceed the declared value by more than 5 %.
Standing loss, S	The determined value shall not exceed the declared value by more than 5 %.’

Annex VI

Product compliance verification by market surveillance authorities

(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 and all equivalent ventilation unit models that have been listed as equivalent models in the manufacturer's or importer's technical documentation 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. As an alternative, the three additional units selected may be of one or more different models that have been listed as equivalent models in the manufacturer's or importer's technical documentation. 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.

(5)If the result referred to in point 4(b) is not achieved, the model and all equivalent ventilation unit models that have been listed as equivalent models in the manufacturer's or importer's technical documentation 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 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:

The Member State authorities shall use the measurement and calculation methods set out in Annexes VIII and IX.

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 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 1
Parameters	Verification tolerances
SPI	The determined value shall be no more than 1,07 times the declared value.
Thermal efficiency RVU and NRVU	The determined value shall be no less than 0,93 times the declared value.
SFP_int	The determined value shall be no more than 1,07 times the declared value.
Fan efficiency UVU, non-residential	The determined value shall be no less than 0,93 times the declared value.
Sound power level RVU	The determined value shall be no more than the declared value plus 2 dB.
Sound power level NRVU	The determined value shall be no more than the declared value plus 5 dB.’

VII

Amendments to Annex V to Regulation (EC) No 643/2009

Annex V is replaced by the following:

VIII

Amendments to Annex III to Regulation (EU) No 1015/2010

Annex III is replaced by the following:

Annex IX

Product compliance verification by market surveillance authorities for professional refrigerated storage cabinets

(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 8.

(3)If the results referred to in point 2(a) or (b) are not achieved, the model and all equivalent professional refrigerated storage cabinets that have been listed as equivalent products in the manufacturer's or importer's technical documentation 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. As an alternative, the three additional units selected may be of one or more different models that have been listed as equivalent products in the technical documentation.

(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 8.

(6)If the result referred to in point 5 is not achieved, the model and all equivalent professional refrigerated storage cabinets that have been listed as equivalent products in the manufacturer's or importer's technical documentation 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 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:

The Member State authorities shall use the measurement and calculation methods set out in Annexes III and IV.

The Member State authorities shall only apply the verification tolerances that are set out in Table 8 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 8
Parameters	Verification tolerances
Net volume	The determined value shall not be lower than the declared value by more than 3 %.
Energy consumption (E24h)	The determined value shall not exceed the declared value by more than 10 %.’

Annex X

Product compliance verification by market surveillance authorities for condensing units

(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 9.

(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 9.

(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 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:

The Member State authorities shall use the measurement and calculation methods set out in Annex VI.

The Member State authorities shall only apply the verification tolerances that are set out in Table 9 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 9
Parameters	Verification tolerances
The seasonal energy performance ratio (SEPR) of condensing units with a rated cooling capacity higher than 2 kW at low temperature and 5 kW at medium temperature	The determined value shall not be more than 10 % lower than the declared value, with point A measured at the rated cooling capacity.
The rated coefficient of performance (COP_A) of condensing units with a rated cooling capacity lower than 2 kW at low temperature and 5 kW at medium temperature	The determined value shall not be more than 10 % lower than the declared value measured at the rated cooling capacity.
The coefficients of performance COP_B, COP_C and COP_D of condensing units with a rated cooling capacity higher than 2 kW at low temperature and 5 kW at medium temperature	The determined values shall not be more than 10 % lower than the declared value measured at the rated cooling capacity.’

Annex XI

Product compliance verification by market surveillance authorities for process chillers

(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 10.

(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 10.

(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 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:

The Member State authorities shall use the measurement and calculation methods set out in Annex VIII.

The Member State authorities shall only apply the verification tolerances that are set out in Table 10 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 10
Parameters	Verification tolerances
Seasonal energy performance ratio (SEPR)	The determined value shall not be more than 10 % lower than the declared value, with point A measured at the rated cooling capacity.
Rated energy efficiency ratio (EER_A)	The determined value shall not be more than 10 % lower than the declared value, measured at the rated cooling capacity.’

(3)Annex XI is replaced by the following:

Article 1Amendments to Regulation (EC) No 1275/2008#

Article 2Amendments to Regulation (EC) No 107/2009#

Article 3Amendments to Regulation (EC) No 278/2009#

Article 4Amendments to Regulation (EC) No 640/2009#

Article 5Amendments to Regulation (EC) No 641/2009#

Article 6Amendments to Regulation (EC) No 642/2009#

Article 7Amendments to Regulation (EC) No 643/2009#

Article 8Amendments to Regulation (EU) No 1015/2010#

Article 9Amendments to Regulation (EU) No 1016/2010#

Article 10Amendments to Regulation (EU) No 327/2011#

Article 11Amendments to Regulation (EU) No 206/2012#

Article 12Amendments to Regulation (EU) No 547/2012#

Article 13Amendments to Regulation (EU) No 932/2012#

Article 14Amendments to Regulation (EU) No 617/2013#

Article 15Amendments to Regulation (EU) No 666/2013#

Article 16Amendments to Regulation (EU) No 813/2013#

Article 17Amendments to Regulation (EU) No 814/2013#

Article 18Amendments to Regulation (EU) No 66/2014#

Article 19Amendments to Regulation (EU) No 548/2014#

Article 20Amendments to Regulation (EU) No 1253/2014#

Article 21Amendments to Regulation (EU) 2015/1095#

Article 22Amendments to Regulation (EU) 2015/1185#

Article 23Amendments to Regulation (EU) 2015/1188#

Article 24Amendments to Regulation (EU) 2015/1189#

Article 25Amendments to Regulation (EU) 2016/2281#

Article 26Entry into force#