Commission Regulation (EU) No 813/2013Show full title

Article 1 Subject matter and scope

1. This Regulation establishes ecodesign requirements for the placing on the market and/or putting into service of space heaters and combination heaters with a rated heat output ≤ 400 kW, including those integrated in packages of space heater, temperature control and solar device or packages of combination heater, temperature control and solar device as defined in Article 2 of Commission Delegated Regulation (EU) No 811/2013.

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;

(g) heat generators designed for heaters and heater housings to be equipped with such heat generators placed on the market before 1 January 2018 to replace identical heat generators and identical heater housings. The replacement product or its packaging shall clearly indicate the heater for which it is intended.

Article 2 Definitions

In addition to the definitions set out in Article 2 of Directive 2009/125/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;

whereby a heat generator designed for a heater and a heater housing to be equipped with such a heat generator shall be also considered a heater;

(6)

‘heater housing’ means the part of a heater designed to have a heat generator fitted;

(7)

‘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 III, Table 4;

(8)

‘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, sound power level and nitrogen oxide emissions;

(9)

‘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;

(10)

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

(11)

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

(12)

‘boiler space heater’ means a space heater that generates heat using the combustion of fossil fuels and/or biomass fuels, and/or using the Joule effect in electric resistance heating elements;

(13)

‘boiler combination heater’ means a boiler 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;

(14)

‘electric boiler space heater’ means a boiler space heater that generates heat using the Joule effect in electric resistance heating elements only;

(15)

‘electric boiler combination heater’ means a boiler combination heater that generates heat using the Joule effect in electric resistance heating elements only;

(16)

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

(17)

‘heat pump space heater’ means a space heater using ambient heat from an air source, water source or ground source, and/or waste heat for heat generation; a heat pump space heater may be equipped with one or more supplementary heaters using the Joule effect in electric resistance heating elements or the combustion of fossil and/or biomass fuels;

(18)

‘heat pump combination heater’ means a heat pump 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;

(19)

‘supplementary heater’ means a non-preferential heater that generates heat in cases where the heat demand is greater than the rated heat output of the preferential heater;

(20)

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

(21)

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

(22)

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

(23)

‘conversion coefficient’ (CC) means a coefficient reflecting the estimated 40 % average EU generation efficiency referred to in Directive 2012/27/EU of the European Parliament and of the Council(2); the value of the conversion coefficient is CC = 2,5.

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

Article 3 Ecodesign requirements and timetable

1. The ecodesign requirements for heaters are set out in Annex II.

2. Each ecodesign requirements shall apply in accordance with the following timetable:

(a) from 26 September 2015:

(i)

heaters shall meet the requirements set out in Annex II, points 1(a), 3 and 5;

(ii)

combination heaters shall meet the requirements set out in Annex II, point 2(a);

(b) from 26 September 2017:

(i)

electric space heaters, electric combination heaters, cogeneration space heaters, heat pump space heaters and heat pump combination heaters shall meet the requirements set out in Annex II, point 1(b);

(ii)

combination heaters shall meet the requirements set out in Annex II, point 2(b);

(c) from 26 September 2018 heaters shall meet the requirements set out in Annex II, point 4(a).

3. Compliance with ecodesign requirements shall be measured and calculated in accordance with the requirements set out in Annex III.

Article 4 Conformity assessment

1. The conformity assessment procedure referred to in Article 8(2) of Directive 2009/125/EC shall be the internal design control set out in Annex IV to that Directive or the management system set out in Annex V to that Directive without prejudice to Articles 7(2) and 8 of and Annexes III to V to Council Directive 92/42/EEC.

2. For the purposes of conformity assessment, the technical documentation shall contain the product information set out in point 5(b) of Annex II to this Regulation.

Article 5 Verification procedure for market surveillance purposes

When performing the market surveillance checks referred to in Article 3(2) of Directive 2009/125/EC to ensure compliance with the requirements set out in Annex II to this Regulation, the Member States’ authorities shall apply the verification procedure set out in Annex IV to this Regulation.

Article 6 Indicative benchmarks

The indicative benchmarks for best-performing heaters available on the market at the time of entry into force of this Regulation are set out in Annex V.

Article 7 Review

The Commission shall review this Regulation in the light of technological progress with heaters and present the result of that review to the Ecodesign Consultation Forum no later than five years from the date of entry into force of this Regulation. In particular, the review shall include an assessment of the following aspects:

(a)

the appropriateness of setting ecodesign requirements for greenhouse gas emissions related to refrigerants;

(b)

on the basis of the measurement methods under development, the level of the ecodesign requirements for emissions of carbon monoxide, hydrocarbons and particulate matter that may be introduced;

(c)

the appropriateness of setting stricter ecodesign requirements for the energy efficiency of boiler space heaters and boiler combination heaters, for the sound power level and for emissions of nitrogen oxides;

(d)

the appropriateness of setting ecodesign requirements for heaters specifically designed for using gaseous or liquid fuels predominantly produced from biomass;

(e)

the validity of the conversion coefficient value;

(f)

the appropriateness of third party certification.

Article 8 Transitional provisions

1. Until 26 September 2015 Member States may allow the placing on the market and/or putting into service of heaters which are in conformity with the national provisions in force when this Regulation is adopted regarding seasonal space heating energy efficiency, water heating energy efficiency and sound power level.

2. Until 26 September 2018 Member States may allow the placing on the market and/or putting into service of heaters, which are in conformity with the national provisions in force when this Regulation is adopted regarding emissions of nitrogen oxides.

Article 9 Repeal

Council Directive 92/42/EEC is repealed, except for Articles 7(2) and 8 thereof and Annexes III to V thereto, without prejudice to the obligations of the Member States relating to the transposition into national law and application of that Directive until the ecodesign requirements set out in Annex II of this Regulation start to apply.

Article 10 Entry into force

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, 2 August 2013.

For the Commission

The President

José Manuel Barroso