Annex IV Verification procedure for market surveillance purposes

The verification tolerances defined in this Annex relate only to the verification of the declared parameters by Member State authorities and shall not be used by the manufacturer, importer or authorised representative 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.

Where a model has been designed to be able to detect it is being tested (e.g. by recognising the test conditions or test cycle), and to react specifically by automatically altering its performance during the test with the objective of reaching a more favourable level for any of the parameters specified in this Regulation or included in the technical documentation or included in any of the documentation provided, the model and all equivalent models shall be considered not compliant.

When verifying the compliance of a product model with the requirements laid down in this Regulation pursuant to point 2 of Article 3 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. 1..

   The Member State authorities shall verify one single unit of the model.

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 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, importer or authorised representative than the results of the corresponding measurements carried out pursuant to paragraph (g) thereof; and

   2. (b)

      the declared values meet any requirements laid down in this Regulation, and any required product information published by the manufacturer, importer or authorised representative does not contain values that are more favourable for the manufacturer, importer or authorised representative than the declared values; and

   3. (c)

      when the Member States authorities check the unit of the model, they find that the manufacturer, importer or authorised representative has put in place a system that complies with the requirements in the second paragraph of Article 6; and

   4. (d)

      when the Member States authorities check the unit of the model, it complies with the requirements in the third paragraph of Article 6 and on resource efficiency in point 2 of Annex II; and

   5. (e)

      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 11.

3. 3..

   If the results referred to in point 2(a), (b), (c) or (d) are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.

4. 4..

   If the result referred to in point 2(e) 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 equivalent models.

5. 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 11.

6. 6..

   If the result referred to in point 5 is not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.

7. 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 or 6.

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 11 and shall use only the procedure described in points 1 to 7 for the requirements referred to in this Annex. For the parameters in Table 11, no other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied.