Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device Text with EEA relevance

Article 1

Subject matter and scope

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 Delegated Regulation (EU) No 811/2013 (²);

(e) water heaters which do not meet at least the load profile with the smallest reference energy, as specified in Annex VII, Table 3;

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

Article 2

Definitions

In addition to the definitions set out in Article 2 of Directive 2010/30/EU, 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;

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

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

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

(6) ‘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;

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

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

(9) ‘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;

(10) ‘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;

(11) ‘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;

(12) ‘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;

(13) ‘package of water heater and solar device’ means a package offered to the end-user containing one or more water heaters and one or more solar devices;

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

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

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

(17) ‘heat pump water heater’ means a water heater that uses ambient heat from an air source, water source or ground source, and/or waste heat for heat generation.

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

Article 3

Responsibilities of suppliers and timetable

From 26 September 2015 suppliers placing water heaters on the market and/or putting them into service, including those integrated in packages of water heater 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 water heater conforming to the water heating energy efficiency classes set out in point 1 of Annex II, whereby: for heat pump water heaters, the printed label is provided at least in the packaging of the heat generator; for water heaters intended for use in packages of water heater 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 water heater;

(b) a product fiche, as set out in point 1 of Annex IV, is provided for each water heater, whereby: for heat pump water heaters, the product fiche is provided at least for the heat generator; for water heaters intended for use in packages of water heater and solar device, a second fiche, as set out in point 4 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 water heater model and containing energy-related or price information includes a reference to the water heating energy efficiency class under average climate conditions for that model;

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

(f) an electronic label in the format and containing the information set out in point 1.1 of Annex III is made available to dealers for each water heater model conforming to the water heating energy efficiency classes set out in point 1 of Annex II;

(g) an electronic product fiche as set out in point 1 of Annex IV is made available to dealers for each water heater model, whereby for heat pump water heaters models, the electronic product fiche is made available to dealers at least for the heat generator.

From 26 September 2017 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 water heater conforming to the water heating energy efficiency classes set out in point 1 of Annex II, whereby: for heat pump water heaters, the printed label shall be provided at least in the packaging of the heat generator.

From 26 September 2017 an electronic label in the format and containing the information set out in point 1.2 of Annex III shall be made available to dealers for each water heater model conforming to the water heating energy efficiency classes set out in point 1 of Annex II.

From 26 September 2015 suppliers placing hot water storage tanks 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 2.1 of Annex III is provided for each hot water storage tank conforming to the energy efficiency classes set out in point 2 of Annex II;

(b) a product fiche, as set out in point 2 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 hot water storage tank model and containing energy-related or price information includes a reference to the energy efficiency class for that model;

(e) any technical promotional material concerning a specific hot water storage tank model and describing its specific technical parameters includes a reference to the energy efficiency class for that model;

(f) an electronic label in the format and containing the information set out in point 2.1 of Annex III is made available to dealers for each hot water storage tank model in accordance with the energy efficiency classes set out in point 2 of Annex II;

(g) an electronic product fiche as set out in point 2 of Annex IV is made available to dealers for each hot water storage tank model.

From 26 September 2017 a printed label complying with the format and content of information as set out in point 2.2 of Annex III shall be provided for each hot water storage tank conforming to the energy efficiency classes set out in point 2 of Annex II.

From 26 September 2017 an electronic label in the format and containing the information set out in point 2.2 of Annex III shall be made available to dealers for each hot water storage tank model, in accordance with the energy efficiency classes set out in point 2 of Annex II.

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 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;

(c) an electronic product fiche, as set out in point 3 of Annex IV, is made available to dealers for each solar device model.

From 26 September 2015 suppliers placing packages of water heater 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 water heater and solar device conforming to the water heating energy efficiency classes set out in point 1 of Annex II;

(b) a product fiche, as set out in point 4 of Annex IV, is provided for each package of water heater and solar device;

(c) 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;

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

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

(f) an electronic label in the format and containing the information set out in point 3 of Annex III is made available to dealers for each model comprising a package of water heater and solar device, in accordance with the water heating energy efficiency classes set out in point 1 of Annex II;

(g) an electronic product fiche as set out in point 4 of Annex IV is made available to dealers for each model comprising a package of water heater and solar device.

Article 4

Responsibilities of dealers

Dealers of water heaters shall ensure that:

(a) each water 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) water heaters offered for sale, hire or hire-purchase, where the end-user cannot be expected to see the water heater displayed, are marketed with the information provided by the suppliers in accordance with point 1 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex X shall apply;

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

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

Dealers of hot water storage tanks shall ensure that:

(a) each hot water storage tank, 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) hot water storage tanks offered for sale, hire or hire-purchase, where the end user cannot be expected to see the hot water storage tank displayed, are marketed with the information provided by the suppliers in accordance with point 2 of Annex VI; except where the offer is made through the internet in which case the provisions in Annex X shall apply;

(c) any advertisement relating to a specific hot water storage tank model and containing energy-related or price information includes a reference to the energy efficiency class for that model;

(d) any technical promotional material concerning a specific hot water storage tank model and describing its specific technical parameters includes a reference to the energy efficiency class for that model.

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

(a) any offer for a specific package includes the water heating energy efficiency 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 3 of Annex III and providing the fiche set out in point 4 of Annex IV, duly filled in according to the characteristics of that package;

(b) packages of water heater and solar device offered for sale, hire or hire purchase, where the end-user cannot be expected to see the package of water heater and solar device displayed, are marketed with the information provided in accordance with point 3 of Annex VI, except where the offer is made through the internet, in which case the provisions in Annex X shall apply;

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

(d) any technical promotional material concerning a specific package of water heater and solar device model and describing its specific technical parameters includes a reference to the 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 and Annex VIII.

Article 6

Verification procedure for market surveillance purposes

Member States shall apply the procedure set out in Annex IX when assessing the conformity of the declared water heating energy efficiency class, water heating energy efficiency, annual energy consumption and sound power level of water heaters and the declared energy efficiency class and standing loss of hot water storage tanks.

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 appliances and the appropriateness of the package fiche and label set out in point 3 of Annex III and point 4 of Annex IV.

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.

ANNEX I

Definitions applicable for Annexes II to IX

For the purposes of Annexes II to IX, the following definitions shall apply:

(1) ‘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;

(2) ‘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;

(3) ‘load profile’ means a given sequence of water draw-offs, as specified in Annex VII, Table 3; each water heater meets at least one load profile;

(4) ‘water draw-off’ means a given combination of useful water flow rate, useful water temperature, useful energy content and peak temperature, as specified in Annex VII, Table 3;

(5) ‘useful water flow rate’ (f) means the minimum flow rate, expressed in litres per minute, for which hot water is contributing to the reference energy, as specified in Annex VII, Table 3;

(6) ‘useful water temperature’ (Tm) means the water temperature, expressed in degrees Celsius, at which hot water starts contributing to the reference energy, as specified in Annex VII, Table 3;

(7) ‘useful energy content’ (Qtap) means the energy content of hot water, expressed in kWh, provided at a temperature equal to, or above, the useful water temperature, and at water flow rates equal to, or above, the useful water flow rate, as specified in Annex VII, Table 3;

(8) ‘energy content of hot water’ means the product of the specific heat capacity of water, the average temperature difference between the hot water output and cold water input, and the total mass of the hot water delivered;

(9) ‘peak temperature’ (Tp) means the minimum water temperature, expressed in degrees Celsius, to be achieved during water draw-off, as specified in Annex VII, Table 3;

(10) ‘reference energy’ (Qref) means the sum of the useful energy content of water draw-offs, expressed in kWh, in a particular load profile, as specified in Annex VII, Table 3;

(11) ‘maximum load profile’ means the load profile with the greatest reference energy that a water heater is able to provide while fulfilling the temperature and flow rate conditions of that load profile;

(12) ‘declared load profile’ means the load profile applied when determining water heating energy efficiency;