Commission Delegated Regulation (EU) No 811/2013Show full title

Article 1 Subject matter and scope

1. This Regulation establishes requirements for the energy labelling of, and the provision of supplementary product information on, space heaters and combination heaters with a rated heat output ≤ 70 kW, packages of space heater ≤ 70 kW, temperature control and solar device and packages of combination heater ≤ 70 kW, temperature control and solar device.

2. This Regulation shall not apply to:

(a) heaters specifically designed for using gaseous or liquid fuels predominantly produced from biomass;

(b) heaters using solid fuels;

(c) heaters within the scope of Directive 2010/75/EU of the European Parliament and of the Council(1);

(d) heaters generating heat only for the purpose of providing hot drinking or sanitary water;

(e) heaters for heating and distributing gaseous heat transfer media such as vapour or air;

(f) cogeneration space heaters with a maximum electrical capacity of 50 kW or above.

Article 2 Definitions

In addition to the definitions set out in Article 2 of Directive 2010/30/EC, the following definitions shall apply for the purposes of this Regulation:

(1)

‘heater’ means a space heater or combination heater;

(2)

‘space heater’ means a device that

(a)

provides heat to a water-based central heating system in order to reach and maintain at a desired level the indoor temperature of an enclosed space such as a building, a dwelling or a room; and

(b)

is equipped with one or more heat generators;

(3)

‘combination heater’ means a space heater that is designed to also provide heat to deliver hot drinking or sanitary water at given temperature levels, quantities and flow rates during given intervals, and is connected to an external supply of drinking or sanitary water;

(4)

‘water-based central heating system’ means a system using water as a heat transfer medium to distribute centrally generated heat to heat emitters for the space heating of buildings, or parts thereof;

(5)

‘heat generator’ means the part of a heater that generates the heat using one or more of the following processes:

(a)

combustion of fossil fuels and/or biomass fuels;

(b)

use of the Joule effect in electric resistance heating elements;

(c)

capture of ambient heat from an air source, water source or ground source, and/or waste heat;

(6)

‘rated heat output’ (Prated) means the declared heat output of a heater when providing space heating and, if applicable, water heating at standard rating conditions, expressed in kW; for heat pump space heaters and heat pump combination heaters the standard rating conditions for establishing the rated heat output are the reference design conditions, as set out in Annex VII, Table 10;

(7)

‘standard rating conditions’ means the operating conditions of heaters under average climate conditions for establishing the rated heat output, seasonal space heating energy efficiency, water heating energy efficiency and sound power level;

(8)

‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;

(9)

‘biomass fuel’ means a gaseous or liquid fuel produced from biomass;

(10)

‘fossil fuel’ means a gaseous or liquid fuel of fossil origin;

(11)

‘cogeneration space heater’ means a space heater simultaneously generating heat and electricity in a single process;

(12)

‘temperature control’ means the equipment that interfaces with the end-user regarding the values and timing of the desired indoor temperature, and communicates relevant data to an interface of the heater such as a central processing unit, thus helping to regulate the indoor temperature(s);

(13)

‘solar device’ means a solar-only system, a solar collector, a solar hot water storage tank or a pump in the collector loop, which are placed on the market separately;

(14)

‘solar-only system’ means a device that is equipped with one or more solar collectors and solar hot water storage tanks and possibly pumps in the collector loop and other parts, which is placed on the market as one unit and is not equipped with any heat generator except possibly one or more back-up immersion heaters;

(15)

‘solar collector’ means a device designed to absorb global solar irradiance and to transfer the heat energy so produced to a fluid passing through it;

(16)

‘hot water storage tank’ means a vessel for storing hot water for water and/or space heating purposes, including any additives, which is not equipped with any heat generator except possibly one or more back-up immersion heaters;

(17)

‘solar hot water storage tank’ means a hot water storage tank storing heat energy produced by one or more solar collectors;

(18)

‘back-up immersion heater’ means a Joule effect electric resistance heater that is part of a hot water storage tank and generates heat only when the external heat source is disrupted (including during maintenance periods) or out of order, or that is part of a solar hot water storage tank and provides heat when the solar heat source is not sufficient to satisfy required comfort levels;

(19)

‘package of space heater, temperature control and solar device’ means a package offered to the end-user containing one or more space heaters combined with one or more temperature controls and/or one or more solar devices;

(20)

‘package of combination heater, temperature control and solar device’ means a package offered to the end-user containing one or more combination heaters combined with one or more temperature controls, and/or one or more solar devices;

(21)

‘seasonal space heating energy efficiency’ (η_s ) means the ratio between the space heating demand for a designated heating season, supplied by a space heater, a combination heater, a package of space heater, temperature control and solar device or a package of combination heater, temperature control and solar device, and the annual energy consumption required to meet this demand, expressed in %;

(22)

‘water heating energy efficiency’ (η_wh ) means the ratio between the useful energy in the drinking or sanitary water provided by a combination heater or a package of combination heater, temperature control and solar device, and the energy required for its generation, expressed in %;

(23)

‘sound power level’ (L_WA ) means the A-weighted sound power level, indoors and/or outdoors, expressed in dB.

For the purposes of Annexes II to VIII, additional definitions are set out in Annex I.

Article 3 Responsibilities of suppliers and timetable

1. From 26 September 2015 suppliers placing space heaters on the market and/or putting them into service, including those integrated in packages of space heater, temperature control and solar device, shall ensure that:

(a) a printed label complying with the format and content of information set out in point 1.1 of Annex III is provided for each space heater conforming to the seasonal space heating energy efficiency classes set out in point 1 of Annex II, whereby: for heat pump space heaters, the printed label is provided at least in the packaging of the heat generator; for space heaters intended for use in packages of space heater, temperature control and solar device, a second label complying with the format and content of information set out in point 3 of Annex III is provided for each space heater;

(b) a product fiche, as set out in point 1 of Annex IV, is provided for each space heater, whereby: for heat pump space heaters, the product fiche is provided at least for the heat generator; for space heaters intended for use in packages of space heater, temperature control and solar device, a second fiche, as set out in point 5 of Annex IV, is provided;

(c) the technical documentation, as set out in point 1 of Annex V, is provided on request to the authorities of the Member States and to the Commission;

(d) any advertisement relating to a specific space heater model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model;

(e) any technical promotional material concerning a specific space heater model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model.

From 26 September 2019 a printed label complying with the format and content of information set out in point 1.2 of Annex III shall be provided for each space heater conforming to the seasonal space heating energy efficiency classes set out in point 1 of Annex II, whereby: for heat pump space heaters, the printed label shall be provided at least in the packaging of the heat generator.

2. From 26 September 2015 suppliers placing combination heaters on the market and/or putting them into service, including those integrated in packages of combination heater, temperature control and solar device, shall ensure that:

(a) a printed label complying with the format and content of information set out in point 2.1 of Annex III is provided for each combination heater conforming to the seasonal space heating energy efficiency classes and water heating energy efficiency classes set out in points 1 and 2 of Annex II, whereby: for heat pump combination heaters, the printed label is provided at least in the packaging of the heat generator; for combination heaters intended for use in packages of combination heater, temperature control and solar device, a second label complying with the format and content of information set out in point 4 of Annex III is provided for each combination heater;

(b) a product fiche, as set out in point 2 of Annex IV, is provided for each combination heater, whereby: for heat pump combination heaters, the product fiche is provided at least for the heat generator; for combination heaters intended for use in packages of combination heater, temperature control and solar device, a second fiche, as set out in point 6 of Annex IV, is provided;

(c) the technical documentation, as set out in point 2 of Annex V, is provided on request to the authorities of the Member States and to the Commission;

(d) any advertisement relating to a specific combination heater model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model;

(e) any technical promotional material concerning a specific combination heater model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model.

From 26 September 2019 a printed label complying with the format and content of information set out in point 2.2 of Annex III shall be provided for each combination heater conforming to the seasonal space heating energy efficiency classes and water heating energy efficiency classes set out in points 1 and 2 of Annex II, whereby: for heat pump combination heaters, the printed label shall be provided at least in the packaging of the heat generator.

3. From 26 September 2015 suppliers placing temperature controls on the market and/or putting them into service shall ensure that:

(a) a product fiche, as set out in point 3 of Annex IV, is provided;

(b) the technical documentation, as set out in point 3 of Annex V, is provided on request to the authorities of the Member States and to the Commission.

4. From 26 September 2015 suppliers placing solar devices on the market and/or putting them into service shall ensure that:

(a) a product fiche, as set out in point 4 of Annex IV, is provided;

(b) the technical documentation, as set out in point 4 of Annex V, is provided on request to the authorities of the Member States and to the Commission.

5. From 26 September 2015 suppliers placing packages of space heater, temperature control and solar device on the market and/or putting them into service shall ensure that:

(a) a printed label complying with the format and content of information set out in point 3 of Annex III is provided for each package of space heater, temperature control and solar device conforming to the seasonal space heating energy efficiency classes set out in point 1 of Annex II;

(b) a product fiche, as set out in point 5 of Annex IV, is provided for each package of space heater, temperature control and solar device;

(c) the technical documentation, as set out in point 5 of Annex V, is provided on request to the authorities of the Member States and to the Commission;

(d) any advertisement relating to a specific package of space heater, temperature control and solar device model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model;

(e) any technical promotional material concerning a specific package of space heater, temperature control and solar device model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model.

6. From 26 September 2015 suppliers placing packages of combination heater, temperature control and solar device on the market and/or putting them into service shall ensure that:

(a) a printed label complying with the format and content of information set out in point 4 of Annex III is provided for each package of combination heater, temperature control and solar device conforming to the seasonal space heating energy efficiency classes and water heating energy efficiency classes set out in points 1 and 2 of Annex II;

(b) a product fiche, as set out in point 6 of Annex IV, is provided for each package of combination heater, temperature control and solar device;

(c) the technical documentation, as set out in point 6 of Annex V, is provided on request to the authorities of the Member States and to the Commission;

(d) any advertisement relating to a specific package of combination heater, temperature control and solar device model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model;

(e) any technical promotional material concerning a specific package of combination heater, temperature control and solar device model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model.

Article 4 Responsibilities of dealers

1. Dealers of space heaters shall ensure that:

(a) each space heater, at the point of sale, bears the label provided by suppliers in accordance with Article 3(1), as set out in point 1 of Annex III, on the outside of the front of the appliance, in such a way as to be clearly visible;

(b) space heaters offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the space heater displayed, are marketed with the information provided by the suppliers in accordance with point 1 of Annex VI;

(c) any advertisement relating to a specific space heater model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model;

(d) any technical promotional material concerning a specific space heater model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model.

2. Dealers of combination heaters shall ensure that:

(a) each combination heater, at the point of sale, bears the label provided by suppliers in accordance with Article 3(2), as set out in point 2 of Annex III, on the outside of the front of the appliance, in such a way as to be clearly visible;

(b) combination heaters offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the combination heater displayed, are marketed with the information provided by the suppliers in accordance with point 2 of Annex VI;

(c) any advertisement relating to a specific combination heater model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model;

(d) any technical promotional material concerning a specific combination heater model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model.

3. Dealers of packages of space heater, temperature control and solar device shall ensure, based on the label and fiches provided by suppliers in accordance with Article 3(1), (3), (4) and (5), that:

(a) any offer for a specific package includes the seasonal space heating energy efficiency and the seasonal space heating energy efficiency class for that package under average, colder or warmer climate conditions, as applicable, by displaying with the package the label set out in point 3 of Annex III and providing the fiche set out in point 5 of Annex IV, duly filled in according to the characteristics of that package;

(b) packages of space heater, temperature control and solar device offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the package of space heater, temperature control and solar device displayed, are marketed with the information provided in accordance with point 3 of Annex VI;

(c) any advertisement relating to a specific package of space heater, temperature control and solar device model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model;

(d) any technical promotional material concerning a specific package of space heater, temperature control and solar device model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class under average climate conditions for that model.

4. Dealers of packages of combination heater, temperature control and solar device shall ensure, based on the label and fiches provided by suppliers in accordance with Article 3(2), (3), (4) and (6), that:

(a) any offer for a specific package of combination heater, temperature control and solar device includes the seasonal space heating energy efficiency, the water heating energy efficiency, the seasonal space heating energy efficiency class and the water heating energy efficiency class for that package under average, colder or warmer climate conditions, as applicable, by displaying with the package the label set out in point 4 of Annex III and providing the fiche set out in point 6 of Annex IV, duly filled in according to the characteristics of that package;

(b) packages of combination heater, temperature control and solar device offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the package of combination heater, temperature control and solar device displayed, are marketed with the information provided in accordance with point 4 of Annex VI;

(c) any advertisement relating to a specific package of combination heater, temperature control and solar device model and containing energy-related or price information includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model;

(d) any technical promotional material concerning a specific package of combination heater, temperature control and solar device model and describing its specific technical parameters includes a reference to the seasonal space heating energy efficiency class and water heating energy efficiency class under average climate conditions for that model.

Article 5 Measurement and calculation methods

The information to be provided pursuant to Articles 3 and 4 shall be obtained by reliable, accurate and reproducible measurement and calculation methods which take into account the recognised state-of-the-art measurement and calculation methods, as set out in Annex VII.

Article 6 Verification procedure for market surveillance purposes

Member States shall apply the procedure set out in Annex VIII when assessing the conformity of the declared seasonal space heating energy efficiency class, water heating energy efficiency class, seasonal space heating energy efficiency, water heating energy efficiency and sound power level of heaters.

Article 7 Review

The Commission shall review this Regulation in the light of technological progress no later than five years after its entry into force. The review shall in particular assess any significant changes in the market shares of various types of heaters related to the labels set out in points 1.2. and 2.2. of Annex III, the feasibility and usefulness of indicating heater efficiency other than heat pump efficiency based on standardised heating seasons, the appropriateness of the package fiches and labels set out in points 3 and 4 of Annex III and points 5 and 6 of Annex IV, and the appropriateness of including passive flue heat recovery devices in the scope of this Regulation.

Article 8 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 February 2013.

For the Commission

The President

José Manuel Barroso