Commission Delegated Regulation (EU) 2017/254

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products^note, and in particular Article 10(1) thereof,Whereas:

(1)Experience gained in implementing Commission Delegated Regulations adopted on the basis of Directive 2010/30/EU has revealed that the verification tolerances laid down in the delegated acts, and intended for use only by market surveillance authorities, have been used by some suppliers to establish the values required to be provided in the technical documentation or to interpret those values with a view to achieving a better energy labelling classification or to suggest, in other ways, 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 suppliers and surveillance authorities across the Union. Verification tolerances should not be used by the supplier for establishing the values in the technical documentation or for interpreting those values in order to achieve a better energy labelling classification or to suggest better performance than has actually been measured and calculated. The parameters declared or published by the supplier should not be more favourable for the supplier 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 energy efficiency and functional performance of products, it should be clarified that the verification tolerances set out in the delegated acts may only be used by Member State authorities, for the purpose of verifying compliance.

(4)Commission Delegated Regulations (EU) No 1059/2010^note, (EU) No 1060/2010^note, (EU) No 1061/2010^note, (EU) No 1062/2010^note, (EU) No 626/2011^note, (EU) No 392/2012^note, (EU) No 874/2012^note, (EU) No 665/2013^note, (EU) No 811/2013^note, (EU) No 812/2013^note, (EU) No 65/2014^note, (EU) No 1254/2014^note, (EU) 2015/1094^note, (EU) 2015/1186^note and (EU) 2015/1187^note should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Annex I

Amendments to Annex V to Delegated Regulation (EU) No 1059/2010

Annex V is replaced by the following:

Annex II

Amendments to Annex VII to Delegated Regulation (EU) No 1060/2010

Annex VII is replaced by the following:

III

Amendments to Annex V to Delegated Regulation (EU) No 1061/2010

Annex V is replaced by the following:

Annex IV

Amendments to Annexes VII and VIII to Delegated Regulation (EU) No 1062/2010

(1)Annex VII is amended as follows:

(a)In part 2, subparagraph (iv) of paragraph (a) is deleted.

(b)Part 3 is deleted.

(c)In part 4, the title is replaced by the following:‘4.Measurements of peak luminance ratio referred to in Table 2 of Annex VIII’.

(2)Annex VIII is replaced by the following:

Annex V

Product compliance verification by market surveillance authorities

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 supplier as an allowed tolerance to establish the values in the technical documentation. The values and classes on the label or in the product fiche shall not be more favourable for the supplier than the values reported in the technical documentation.

When verifying the compliance of a product model with the requirements laid down in this Delegated Regulation, for the requirements referred to in this Annex, the authorities of the Member States shall apply the following procedure:

1. Verification procedure for electrical lamps and led modules marketed as individual products

(1)The Member State authorities shall verify a sample batch of a minimum of 20 lamps of the same model from the same supplier, where possible obtained in equal proportions from four randomly selected sources.

(2)The model shall be considered to comply with the applicable requirements if:

(a)the values given in the technical documentation pursuant to Article 5(b) of Directive 2010/30/EU (declared values), and, where applicable, the values used to calculate these values, are not more favourable for the supplier than the corresponding values given in the test reports pursuant to point (iii) of the abovementioned Article; and

(b)the values published on the label and in the product fiche are not more favourable for the supplier than the declared values, and the indicated energy efficiency class is not more favourable for the supplier than the class determined by the declared values; and

(c)when testing the units of model, the arithmetical mean of the determined values (the values of the relevant parameters as measured in testing and the values calculated from these measurements) is within the respective tolerance of 10 %.

(3)If the results referred to in points 2(a), (b) or (c) are not achieved, the model shall be considered not to comply with this Delegated 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 Member State authorities shall use measurement procedures that reflect generally recognised, current best practice and are reliable, accurate and reproducible, including methods set out in documents whose reference numbers have been published for that purpose in the Official Journal of the European Union. The Member State authorities shall use the measurement and calculation methods set out in Annex VII.

The Member State authorities shall only apply the verification tolerance of 10 % 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.

2. Verification procedure for luminaires intended to be marketed or marketed to the end-user

The luminaire shall be considered to comply with the requirements laid down in this Regulation if it is accompanied by the required product information, if it is claimed to be compatible with all the lamp energy efficiency classes it is compatible with, and if, when applying state-of-the-art methods and criteria for assessing compatibility, it is found to be compatible with the lamp energy efficiency classes with which it is claimed to be compatible pursuant to points (2)(IV)(a) and (b) of part 2 of Annex I.’

Annex VI

Amendments to Annex V to Delegated Regulation (EU) No 392/2012

Annex V is replaced by the following:

VII

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 Article 5(b) of Directive 2010/30/EU (declared values), and, where applicable, the values used to calculate these values, are not more favourable for the supplier than the corresponding values given in the test reports pursuant to point (iii) of the abovementioned Article; and

(b)the values published on the label and in the product fiche are not more favourable for the supplier than the declared values, and the indicated energy efficiency class is not more favourable for the supplier than the class determined by 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 4.

(3)If the results referred to in points 2(a) or (b) are not achieved, the model and all models that have been listed as equivalent vacuum cleaner models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 vacuum cleaner 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 determined values complies with the respective tolerances given in Table 4.

(6)If the result referred to in point 5 is not achieved, the model and all models that have been listed as equivalent vacuum cleaner models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 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 supplier as an allowed tolerance to establish the values in the technical documentation. The values and classes on the label or in the product fiche shall not be more favourable for the supplier than the values reported in the technical documentation.

When verifying the compliance of a product model with the requirements laid down in this Delegated Regulation, 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 4 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 4
Parameters	Verification tolerances
Annual energy consumption	The determined value shall not exceed the declared value by more than 10 %.
Dust pick-up on carpet	The determined value shall not be lower than the declared value by more than 0,03.
Dust pick-up on hard floor	The determined value shall not be lower than the declared value by more than 0,03.
Dust re-emission	The determined value shall not exceed the declared value by more than 15 %.
Sound power level	The determined value shall not exceed the declared value.’

VIII

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 Article 5(b) of Directive 2010/30/EU (declared values), and, where applicable, the values used to calculate these values, are not more favourable for the supplier than the corresponding values given in the test reports pursuant to point (iii) of the abovementioned Article; and

(b)the values published on the label and in the product fiche are not more favourable for the supplier than the declared values, and the indicated energy efficiency class is not more favourable for the supplier than the class determined by 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 6.

(3)If the results referred to in points 2(a) or (b) are not achieved, the model and all models that have been listed as equivalent models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 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 determined values complies with the respective tolerances given in Table 6.

(6)If the result referred to in point 5 is not achieved, the model and all models that have been listed as equivalent models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 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 supplier as an allowed tolerance to establish the values in the technical documentation. The values and classes on the label or in the product fiche shall not be more favourable for the supplier than the values reported in the technical documentation.

When verifying the compliance of a product model with the requirements laid down in this Delegated Regulation, 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 6 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 6
Parameters	Verification tolerances
Mass of the oven, M	The determined value shall not exceed the declared value of M by more than 5 %.
Volume of the cavity of the oven, V	The determined value shall not be lower than the declared value of V by more than 5 %.
EC_{electric cavity}, EC_{gas cavity}	The determined values shall not exceed the declared values of EC_{electric cavity} and EC_{gas cavity} by more than 5 %.
W_BEP, W_L	The determined values shall not exceed the declared values of W_BEP and W_L by more than 5 %.
Q_BEP, P_BEP	The determined values shall not be lower than the declared values of Q_BEP and P_BEP by more than 5 %.
Q_max	The determined value shall not exceed the declared value of Q_max by more than 8 %.
E_middle	The determined value shall not be lower than the declared value of E_middle by more than 5 %.
GFE_hood	The determined value shall not be lower than the declared value of GFE_hood by more than 5 %.
P_o, P_s	The determined values of power consumption P_o and P_s shall not exceed the declared values of P_o and P_s by more than 10 %. The determined values of power consumption P_o and P_s of less than or equal to 1,00 W shall not exceed the declared values of P_o and P_s by more than 0,10 W.
Sound power level, L_WA	The determined value shall not exceed the declared value of L_WA.’

Annex IX

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 Article 5(b) of Directive 2010/30/EU (declared values), and, where applicable, the values used to calculate these values, are not more favourable for the supplier than the corresponding values given in the test reports pursuant to point (iii) of the abovementioned Article; and

(b)the values published on the label and in the product fiche are not more favourable for the supplier than the declared values, and the indicated energy efficiency class is not more favourable for the supplier than the class determined by 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 6. The unit shall be tested with a fuel with characteristics in the same range as the fuel that was used by the supplier to perform the measurements described in Annex VIII.

(3)If the results referred to in points 2(a) or (b) are not achieved, the model and all models that have been listed as equivalent models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 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 determined values complies with the respective tolerances given in Table 6.

(6)If the result referred to in point 5 is not achieved, the model and all models that have been listed as equivalent models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 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 supplier as an allowed tolerance to establish the values in the technical documentation. The values and classes on the label or in the product fiche shall not be more favourable for the supplier than the values reported in the technical documentation.

When verifying the compliance of a product model with the requirements laid down in this Delegated Regulation, 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 6 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 6
Parameter	Verification tolerance
Energy efficiency index	The determined value shall not be lower than the declared value by more than 8 %.’

Annex X

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 Article 5(b) of Directive 2010/30/EU (declared values), and, where applicable, the values used to calculate these values, are not more favourable for the supplier than the corresponding values given in the test reports pursuant to point (iii) of the abovementioned Article; and

(b)the values published on the label and in the product fiche are not more favourable for the supplier than the declared values, and the indicated energy efficiency class is not more favourable for the supplier than the class determined by 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 5. The unit shall be tested with a fuel with characteristics in the same range as the fuel that was used by the supplier to perform measurements according to Annex VIII.

(3)If the results referred to in points 2(a) or (b) are not achieved, the model and all models that have been listed as equivalent models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 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 determined values complies with the respective verification tolerances given in Table 5.

(6)If the result referred to in point 5 is not achieved, the model and all models that have been listed as equivalent models in the supplier's technical documentation shall be considered not to comply with this Delegated 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 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 supplier as an allowed tolerance to establish the values in the technical documentation. The values and classes on the label or in the product fiche shall not be more favourable for the supplier than the values reported in the technical documentation.

When verifying the compliance of a product model with the requirements laid down in this Delegated Regulation, 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 and IX.

The Member State authorities shall only apply the verification tolerances that are set out in Table 5 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 5
Parameter	Verification tolerance
Energy efficiency index	The determined value shall not be lower than the declared value by more than 6 %.’

Article 1Amendments to Delegated Regulation (EU) No 1059/2010#

Article 2Amendments to Delegated Regulation (EU) No 1060/2010#

Article 3Amendments to Delegated Regulation (EU) No 1061/2010#

Article 4Amendments to Delegated Regulation (EU) No 1062/2010#

Article 5Amendments to Delegated Regulation (EU) No 626/2011#

Article 6Amendments to Delegated Regulation (EU) No 392/2012#

Article 7Amendments to Delegated Regulation (EU) No 874/2012#

Article 8Amendments to Delegated Regulation (EU) No 665/2013#

Article 9Amendments to Delegated Regulation (EU) No 811/2013#

Article 10Amendments to Delegated Regulation (EU) No 812/2013#

Article 11Amendments to Delegated Regulation (EU) No 65/2014#

Article 12Amendments to Delegated Regulation (EU) No 1254/2014#

Article 13Amendments to Delegated Regulation (EU) 2015/1094#

Article 14Amendments to Delegated Regulation (EU) 2015/1186#

Article 15Amendments to Delegated Regulation (EU) 2015/1187#

Article 16Entry into force#