Annex IX Verification procedure for market surveillance purposes

The verification tolerances defined in this Annex relate only to the verification of the measured parameters by Member State authorities. These tolerances 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 on the product information sheet 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, the authorities of the Member States shall apply the following procedure:

1. 1..

   The Member State authorities shall verify one single unit of the model for points 2(a) and 2(b) of this Annex.

   The Member State authorities shall verify 10 units of the light source model for point 2(c) of this Annex. The verification tolerances are laid down in Table 6 of this Annex.

2. 2..

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

   1. (a)

      the values given in the technical documentation pursuant to point 3 of Article 3 of Regulation (EU) 2017/1369 (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; and

   2. (b)

      the values published on the label and in the product information sheet 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

   3. (c)

      when the Member State authorities test the units of the model, the determined values comply with the respective verification tolerances as given in Table 9, where ‘determined value’ means the arithmetical mean over the tested units of the measured values for a given parameter or the arithmetical mean of parameter values calculated from other measured values.

3. 3..

   If the results referred to in point 2(a), (b) or (c) 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 Regulation.

4. 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 is taken on the non-compliance of the model in accordance with point 3 of this Annex.

The Member State authorities shall only apply the verification tolerances that are set out in Table 9 and shall use only the procedure described in this Annex. For the parameters in Table 9, no other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied.

For light sources with linear geometry which are scalable but of very long length, such as LED strips or strings, verification testing of market surveillance authorities shall consider a length of 50 cm, or, if the light source is not scalable there, the nearest value to 50 cm. The light source supplier shall indicate which control gear is suitable for this length.

When verifying if a product is a light source, market surveillance authorities shall compare the measured values for chromaticity coordinates (x and y), luminous flux, luminous flux density, and colour rendering index directly with the limit values set out in the definition for light source of Article 2 of this Regulation, without applying any tolerances. If any of the 10 units in the sample satisfies the conditions for being a light source, the product model shall be considered to be a light source.

Light sources that allow the end-user to control, manually or automatically, directly or remotely, the luminous intensity, colour, correlated colour temperature, spectrum, and/or beam angle of the emitted light shall be evaluated using the reference control settings.