Annex IV Verification procedure for market surveillance purposes

F1The verification tolerances set out in this Annex relate only to the verification by the market surveillance authority of the declared values.

The manufacturer, importer or authorised representative of a product must not use the verification tolerances—

Where a model has been designed to be able to detect it is being tested (e.g. by recognizing 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 shall be considered not compliant.

F2When verifying the compliance of a product model with the requirements laid down in this Regulation, the market surveillance authority must apply the following procedure—

1. 1..

   The Member State authorities shall verify one single unit of the model or, in case the manufacturer reports on a server product family, of the model configuration. If the verification is done on the low-end performance configuration or the high-end performance configuration, the declared values shall be the values for the respective configuration. If the verification is performed on a randomly selected or ordered model configuration, the declared values shall be the values for the high-end performance configuration.

2. 2..

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

   1. (a)

      the F3declared 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 F4paragraph 1(2)(b)(vii) of that Schedule; and

   2. (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

   3. (c)

      when F5the market surveillance authority test the unit of the model or alternatively, in case the manufacturer declared the server to be represented by a server product family, of the low-end performance configuration or the high-end performance configuration of the server product family, 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 F6; and

   4. (d)

      the manufacturer, importer or authorised representative has complied with the information requirements in point 3.1 of Annex 2 (servers) or, as the case may be, point 3.2 of Annex 2 (data storage products); and

   5. (e)

      when the market surveillance authority checks the unit of the model, the unit complies with the resource efficiency requirements in point 3.3 of Annex 2.

3. 3..

   If the results referred to in F7point (2)(a), (b), (d) or (e) are not achieved, the model and all model configurations that are covered by the same product information (according to Annex II point 3.1(p) shall be considered not to comply with this Regulation.

4. 4..

   If the result referred to in point 2(c) is not achieved:

   1. (a)

      for models or model configurations from a server product family that are produced in quantities of less than five per year, the model and all model configurations that are covered by the same product information (according to Annex II point 3.1(p)) shall be considered not to comply with this Regulation;

   2. (b)

      for models that are produced in quantities of five or more per year, the market surveillance authority shall select three additional unit of the same model or alternatively, in case the manufacturer F8, importer or authorised representative declared the server to be represented by a server product family, a unit of both the low-end performance configuration and the high-end performance configuration for testing.

5. 5..

   The model or model configuration shall be considered to comply with the applicable requirements if, for F9the units selected in accordance with point 4(b), the arithmetical mean of the determined values complies with the respective verification tolerances given in Table 7.

6. 6..

   If the result referred to in F10point 5 is not achieved, the model and all model configurations that are covered by the same product information (according to Annex II point 3.1(p) shall be considered not to comply with this Regulation.

7. 7..

   F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Member State authorities shall use the measurement and calculation methods set out in Annex III.

The market surveillance authority shall only apply the verification tolerances that are set out in Table 7 of this Annex and shall only use the procedure described in F12points 1 to 6 for the requirements referred to in this Annex. No other tolerances shall be applied.