Commission Delegated Regulation (EU) 2023/1669 of 16 June 2023 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to the energy labelling of smartphones and slate tablets (Text with EEA relevance)

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 those 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 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 and all equivalent models shall be considered not compliant.

The EEI, the battery endurance in cycles and the battery endurance per cycle for compliance verification shall be calculated with the operating system version installed on the unit(s) at the date of their placing on the market.

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 pursuant to points 2(a), (b) and (c), except for repeated free fall reliability tests, where five units of a model shall be verified pursuant to point 2(d), and except for battery endurance in cycles tests, where five units of a model shall be verified pursuant to point 2(e).

• (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 those values, are not more favourable for the supplier than the corresponding values given in the test reports;
• (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, the repeated free fall reliability class and the repairability class are not more favourable for the supplier than the class determined by the declared values;
• (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 those measurements) comply with the respective verification tolerances as given in Table 10;
• (d) when the Member State authorities test five units of the model for the repeated free fall reliability, the determined values (that is the values of the relevant parameters as measured in testing and the values calculated from those measurements) comply with the respective pass rate as given in Table 11;
• (e) when the Member State authorities test five units of the model for the battery endurance in cycles, the arithmetic mean of the determined values (that is the values of the relevant parameters as measured in testing and the values calculated from those measurements) comply with the respective verification tolerances as given in Table 10.

• (3) If the results referred to in points 2(a), (b) and (e) 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, except for the result of the repairability index. As an alternative, the three additional units selected may be of one or more equivalent models. Concerning the repairability index, if the result referred to in point 2(c) is not achieved, the Member State authorities shall select one additional unit of the same model for testing.

• (5) If the result referred to in point 2(d) is not achieved, the Member State authorities shall select five additional units of the same model for testing. As an alternative, the five additional units selected may be of one or more equivalent models.

• (6) The model shall be considered to comply with the applicable requirements if for the three units tested pursuant to point 4, where applicable, the arithmetic mean of the determined values complies with the respective tolerances given in Table 10, except for the result of the repairability index, where the model shall be considered to comply with the applicable requirements if the determined value complies with the respective tolerance given in Table 10.

• (7) The model shall be considered to comply with the applicable requirements if for the five units tested pursuant to point 5, where applicable, the pass rate complies with the respective values given in Table 11.

• (8) If the results referred to in points 6 or 7 are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation, except for the result of the repairability index, where the model shall be considered not to comply with this Regulation.

• (9) 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 or 8 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 10 and the pass rate set out in Table 11 and shall only use the procedure set out in points 1 to 9 for the requirements referred to in this Annex. For the parameters in Table 10, no other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied.

Table 10

Verification tolerances for measured parameters

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

Table 11

Pass rates for resistance to accidental drops