Is the compliance of the product with the requirements of Annex II, Section 3(a) (i) 1) and Section 3 (a) (ii) 1) of Regulation (EU) 2015/1185 sufficiently stated, or are the values actually measured in the context of the conformity procedure to be specified in the product information and technical documentation specified in the Ecodesign Regulation?
Annex II, point 3(a)(i)(1), clearly indicates that the technical information provided by the manufacturer in accordance with Table 1, must correspond to technical parameters as measured and calculated. Further, Annex IV of the Directive makes it clear that the technical documentation shall contain “ the results of measurements on the ecodesign requirements carried out, including details of the conformity of these measurements as compared with the ecodesign requirements set out in the applicable implementing measure. Therefore, the manufacturer must indicate in both the product information and the technical documentation the values determined by measurement or calculation, considering however that Annex IV (2) of the Regulation allows manufacturers to declare values that are less favourable than the actual measurement results as reported in the test reports (provided they meet the requirements). The indication that space heating emissions are ‘smaller/equal’ of the limit values set by the Regulation is not sufficient and must therefore be regarded as non-compliance.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.