# Commission Regulation (EU) 2016/2282 of 30 November 2016 amending Regulations (EC) No 1275/2008, (EC) No 107/2009, (EC) No 278/2009, (EC) No 640/2009, (EC) No 641/2009, (EC) No 642/2009, (EC) No 643/2009, (EU) No 1015/2010, (EU) No 1016/2010, (EU) No 327/2011, (EU) No 206/2012, (EU) No 547/2012, (EU) No 932/2012, (EU) No 617/2013, (EU) No 666/2013, (EU) No 813/2013, (EU) No 814/2013, (EU) No 66/2014, (EU) No 548/2014, (EU) No 1253/2014, (EU) 2015/1095, (EU) 2015/1185, (EU) 2015/1188, (EU) 2015/1189 and (EU) 2016/2281 with regard to the use of tolerances in verification procedures (Text with EEA relevance), Annex IX: Amendments to Annex III to Regulation (EU) No 1016/2010

Extent: E+W+S+N.I.

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) 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 models that have been listed as equivalent household dishwasher 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 the respective verification tolerances given in Table 1.
(6) If the result referred to in point 5 is not achieved, the model and all models that have been listed as equivalent household dishwasher 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.
Member States' authorities shall use measurement procedures which take into account the generally recognised, state-of-the-art, reliable, accurate and reproducible measurement methods, 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 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
Annual energy consumption (AEC )
The determined value shall not exceed the declared value of AEC by more than 10 %.
Cleaning efficiency index (IC )
The determined value shall not be less than the declared value of IC by more than 10 %.
Drying efficiency index (I D)
The determined value shall not be less than the declared value of ID by more than 19 %.
Energy consumption (Et )
The determined value shall not exceed the declared value of Et by more than 10 %. Where three additional units need to be selected, the arithmetic mean of the determined values of these three units shall not exceed the declared value of Et by more than 6 %.
Programme time (Tt )
The determined value shall not exceed the declared values Tt by more than 10 %.
Power consumption in off mode and left-on mode (Po and Pl )
The determined values of power consumption Po and Pl of more than 1,00 W shall not exceed the declared values of Po and Pl by more than 10 %. The determined values of power consumption Po and P l of less than or equal to 1,00 W shall not exceed the declared values of Po and Pl by more than 0,10 W.
Duration of left-on mode (T l)
The determined value shall not exceed the declared value of Tl by more than 10 %.

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Source: https://www.legislation.gov.uk/eur/2016/2282/annex/IX (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-2282/annex-IX
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.