SAFEGUARDS | Electrical & Electronics NO. 042/17
EU 2017/254 updates guidance for manufacturers on the use of verification tolerances, as laid down in delegated acts, and intended for use only by market surveillance authorities.
Energy labeling in the EU has been updated by Commission Delegated Regulation (EU) 2017/254, with regard to the use of tolerances in verification procedures, was published on February 15, 2017.
Experience gained in implementing Commission Delegated Regulations adopted on the basis of Directive 2010/30/EU has revealed that the verification tolerances laid down in the delegated acts, and intended for use only by market surveillance authorities, have been used by some suppliers to establish the values required to be provided in the technical documentation or to interpret those values with a view to achieving a better energy labeling classification or to suggest, in other ways, better performance of their products.
The verification tolerances are designed to allow for variations that emerge in the measurements taken during verification tests, which are due to the differences in the measurement equipment used by suppliers and surveillance authorities across the Union. Verification tolerances should not be used by the supplier for establishing the values in the technical documentation or for interpreting those values in order to achieve a better energy labeling classification or to suggest better performance than has actually been measured and calculated. The parameters declared or published by the supplier should not be more favorable for the supplier than the values contained in the technical documentation.
To ensure fair competition, to realize the energy savings that the Regulations were designed to achieve, and to provide consumers with accurate information about the energy efficiency and functional performance of products, it should be clarified that the verification tolerances set out in the delegated acts may only be used by Member State authorities for the purpose of verifying compliance.
The values given in the technical documentation pursuant to Article 5(b) of Directive 2010/30/EU (declared values), and, where applicable, the values used to calculate these values, are not more favorable for the supplier than the corresponding values given in the test reports pursuant to point (iii) of the abovementioned Article
The values published on the label and in the product fiche are not more favorable for the supplier than the declared values, and the indicated energy efficiency class is not more favorable for the supplier than the class determined by the declared values
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
Commission Delegated Regulations (EU) No 1059/2010 (1), (EU) No 1060/2010 (2), (EU) No 1061/2010 (3), (EU) No 1062/2010 (4), (EU) No 626/2011 (5), (EU) No 392/2012 (6), (EU) No 874/2012 (7), (EU) No 665/2013 (8), (EU) No 811/2013 (9), (EU) No 812/2013 (10), (EU) No 65/2014 (11), (EU) No 1254/2014 (12), (EU) 2015/1094 (13), (EU) 2015/1186 (14) and (EU) 2015/1187 (15) should therefore be amended accordingly.
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