# 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 XVII: Amendments to Annex V to Regulation (EU) No 814/2013 Extent: E+W+S+N.I. Annex V is replaced by the following: ANNEX V 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 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 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 Verification tolerances Parameters Verification tolerances Daily electricity consumption, Qelec The determined value shall not exceed the declared value by more than 5 %. Sound power level, LWA , indoors and/or outdoors The determined value shall not exceed the declared value by more than 2 dB. Daily fuel consumption, Qfuel 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, Qfuel,week,smart The determined value shall not exceed the declared value by more than 5 %. Weekly electricity consumption with smart controls, Qelec,week,smart The determined value shall not exceed the declared value by more than 5 %. Weekly fuel consumption without smart controls, Qfuel,week The determined value shall not exceed the declared value by more than 5 %. Weekly electricity consumption without smart controls, Qelec,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, Asol 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 %. --- Source: https://www.legislation.gov.uk/eur/2016/2282/annex/XVII (the official version) Page: https://openlegislation.uk/eu-regulation-2016-2282/annex-XVII Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.