The verification tolerances set out in this Annex relate only to the verification of the declared parameters by Member State authorities and 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 in the product information sheet shall not be more favourable for the supplier than the values reported in the technical documentation.

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, 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 Article 3(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 and the airborne acoustical noise emission class are not more favourable for the supplier than the class determined by the declared values; and

   3. (c)

      when the Member State authorities test the unit of the model, the determined values (that is 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 8.

3. (3)

   If the results referred to in points 2(a) and (b) 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(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 equivalent models.

5. (5)

   The model shall be considered to comply with the applicable requirements if for these three units the arithmetic mean of the determined values complies with the respective tolerances given in Table 8.

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 once a decision has been 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 IV.

The Member State authorities shall only apply the verification tolerances set out in Table 8 and shall only use the procedure set out in points 1 to 7 for the requirements referred to in this Annex. For the parameters in Table 8, no other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied.