Commission Delegated Regulation (EU) 2019/2016 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances and repealing Commission Delegated Regulation (EU) No 1060/2010 (Text with EEA relevance.)

• 4.The electronic product information sheet made available by suppliers in accordance with point 1(b) of Article 3 shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product information sheet is clearly visible and legible. The product information sheet may be displayed using a nested display or by referring to the product database, in which case the link used for accessing the product information sheet shall clearly and legibly indicate ‘Product information sheet’. If a nested display is used, the product information sheet shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.

ANNEX IX

Verification procedure for market surveillance purposes

The verification tolerances defined in this Annex relate only to the verification by Member State authorities of the declared values and shall not be used by the supplier 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. The values and classes published on the label or in the product information sheet shall not be more favourable for the supplier than the values declared 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.

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

• (2) The model shall be considered to comply with the applicable requirements if:
• (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
• (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
• (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) 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) 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) 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) 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) 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 according to points 3, 6 or the second paragraph of this Annex.

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.

Table 8

Verification tolerances for measured parameters

In the case of three additional units tested as prescribed in point 4, the determined value means the arithmetical mean of the values determined for these three additional units.

[^E0001]: Commission Regulation (EU) 2015/1095 of 5 May 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for professional refrigerated storage cabinets, blast cabinets, condensing units and process chillers (OJ L 177, 8.7.2015, p. 19).

[^E0002]: Commission Regulation (EU) 2019/2024 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances with a direct sales function pursuant to Directive 2009/125/EC of the European Parliament and of the Council (see page 313 of this Official Journal).