Commission Regulation (EU) No 814/2013Show 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 water heaters with a rated heat output ≤ 400 kW and hot water storage tanks with a storage volume ≤ 2 000 litres, including those integrated in packages of water heater and solar device as defined in Article 2 of Delegated Regulation (EU) No 812/2013.

2. This Regulation shall not apply to:

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

(b) water heaters using solid fuels;

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

(d) combination heaters as defined in Article 2 of Commission Regulation (EU) No 813/2013(2);

(e) water heaters which do not meet at least the load profile with the smallest reference energy, as specified in Annex III, Table 1;

(f) water heaters designed for making hot drinks and/or food only;

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

‘water heater’ means a device that

(a)

is connected to an external supply of drinking or sanitary water;

(b)

generates and transfers heat to deliver drinking or sanitary hot water at given temperature levels, quantities and flow rates during given intervals; and

(c)

is equipped with one or more heat generators;

(2)

‘heat generator’ means the part of a water 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 water heater and a water heater housing to be equipped with such a heat generator shall be also considered a water heater;

(3)

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

(4)

‘rated heat output’ means the declared heat output of the water heater when providing water heating at standard rating conditions, expressed in kW;

(5)

‘storage volume’ (V) means the rated volume of a hot water storage tank or a storage water heater, expressed in litres;

(6)

‘standard rating conditions’ means the operating conditions of water heaters for establishing the rated heat output, water heating energy efficiency, sound power level and nitrogen oxide emissions, and of hot water storage tanks for establishing the standing loss;

(7)

‘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;

(8)

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

(9)

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

(10)

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

(11)

‘heat pump water heater’ means a water heater using ambient heat from an air source, water source or ground source, and/or waste heat for heat generation;

(12)

‘solar water heater’ means a water heater equipped with one or more solar collectors, solar hot water storage tanks, heat generators and possibly pumps in the collector loop and other parts; a solar water heater is placed on the market as one unit;

(13)

‘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;

(14)

‘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;

(15)

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

(16)

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

(17)

‘standing loss’ (S) means the heating power dissipated from a hot water storage tank at given water and ambient temperatures, expressed in W;

(18)

‘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(3); the value of the conversion coefficient is CC = 2,5.

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

Article 3 Ecodesign requirements and timetable

1. The ecodesign requirements for water heaters and hot water storage tanks are set out in Annex II.

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

(a) from 26 September 2015:

(i)

water heaters shall meet the requirements set out in Annex II, points 1.1(a), 1.2, 1.3, 1.4 and 1.6;

(ii)

hot water storage tanks shall meet the requirements set out in Annex II, point 2.2;

(b) from 26 September 2017:

(i)

water heaters shall meet the requirements set out in Annex II, point 1.1(b);

(ii)

hot water storage tanks shall meet the requirements set out in Annex II, point 2.1;

(c) from 26 September 2018:

(i)

water heaters shall meet the requirements set out in Annex II, point 1.1(c);

(ii)

water heaters shall meet the requirements set out in Annex II, point 1.5(a).

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

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.

2. For the purposes of conformity assessment, the technical documentation shall contain the product information set out in point 1.6 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 V to this Regulation.

Article 6 Indicative benchmarks

The indicative benchmarks for best-performing water heaters and hot water storage tanks available on the market at the time of entry into force of this Regulation are set out in Annex VI.

Article 7 Review

1. The Commission shall review this Regulation in the light of technological progress with water heaters and hot water storage tanks 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 and hydrocarbons that may be introduced;

(c) the appropriateness of setting stricter ecodesign requirements for emissions of nitrogen oxides;

(d) the appropriateness of setting ecodesign requirements for water 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.

2. The Commission shall also review this Regulation in the light of technological progress with water heaters and present the result of that review to the Ecodesign Consultation Forum no later than three years from the date of entry into force of this Regulation. The review shall only include an assessment of the appropriateness of setting separate ecodesign requirements for different types of water heaters.

Article 8 Transitional provisions

1. Until 26 September 2015 Member States may allow the placing on the market and/or putting into service of water heaters which are in conformity with the national provisions in force when this Regulation is adopted regarding 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 water heaters which are in conformity with the national provisions in force when this Regulation is adopted regarding emissions of nitrogen oxides.

3. Until 26 September 2017 Member States may allow the placing on the market and/or putting into service of hot water storage tanks, which are in conformity with the national provisions in force upon adoption of this Regulation regarding standing losses.

Article 9 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