Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters Text with EEA relevance

Article 1

Subject matter and scope

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’ (ηs) 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’ (ηwh) 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’ (LWA) 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

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).

Article 4

Conformity assessment

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

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.

ANNEX I

Definitions applicable for Annexes II to V

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

Definitions related to heaters

(1)‘standby mode’ means a condition where the heater is connected to the mains power source, depends on energy input from the mains power source to work as intended and provides only the following functions, which may persist for an indefinite time: reactivation function, or reactivation function and only an indication of enabled reactivation function, and/or information or status display;

(2)‘standby mode power consumption’ (PSB) means the power consumption of a heater in standby mode, expressed in kW;

(3)‘average climate conditions’ mean the temperature conditions characteristic for the city of Strasbourg;

(4)‘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);

(5)‘gross calorific value’ (GCV) means the total amount of heat released by a unit quantity of fuel when it is burned completely with oxygen and when the products of combustion are returned to ambient temperature; this quantity includes the condensation heat of any water vapour contained in the fuel and of the water vapour formed by the combustion of any hydrogen contained in the fuel;

(6)‘equivalent model’ means a model placed on the market with the same technical parameters set out in Table 1 or Table 2 (as applicable) of Annex II, point 5, as another model placed on the market by the same manufacturer;

Definitions related to boiler space heaters, boiler combination heaters and cogeneration space heaters

(7)‘fuel boiler space heater’ means a boiler space heater that generates heat by burning fossil fuels and/or biomass fuels, and which may be equipped with one or more additional heat generators using the Joule effect in electric resistance heating elements;

(8)‘fuel boiler combination heater’ means a boiler combination heater that generates heat by burning fossil fuels and/or biomass fuels, and which may be equipped with one or more additional heat generators using the Joule effect in electric resistance heating elements;

(9)‘type B1 boiler’ means a fuel boiler space heater incorporating a draught diverter, intended to be connected to a natural draught flue that evacuates the residues of combustion to the outside of the room containing the fuel boiler space heater, and drawing the combustion air directly from the room; a type B1 boiler is marketed as type B1 boiler only;

(10)‘type B1 combination boiler’ means a fuel boiler combination heater incorporating a draught diverter, intended to be connected to a natural draught flue that evacuates the residues of combustion to the outside of the room containing the fuel boiler combination heater, and drawing the combustion air directly from the room; a type B1 combination boiler is marketed as type B1 combination boiler only;

(11)‘seasonal space heating energy efficiency in active mode’ (ηson) means

— for fuel boiler space heaters and fuel boiler combination heaters, a weighted average of the useful efficiency at rated heat output and the useful efficiency at 30 % of the rated heat output, expressed in %;

— for electric boiler space heaters and electric boiler combination heaters, the useful efficiency at rated heat output, expressed in %;

— for cogeneration space heaters not equipped with supplementary heaters, the useful efficiency at rated heat output, expressed in %;

— for cogeneration space heaters equipped with supplementary heaters, a weighted average of the useful efficiency at rated heat output with supplementary heater disabled, and the useful efficiency at rated heat output with supplementary heater enabled, expressed in %;

(12)‘useful efficiency’ (η) means the ratio of the useful heat output and the total energy input of a boiler space heater, boiler combination heater or cogeneration space heater, expressed in %, whereby the total energy input is expressed in terms of GCV and/or in terms of final energy multiplied by CC;

(13)‘useful heat output’ (P) means the heat output of a boiler space heater, boiler combination heater or cogeneration space heater transmitted to the heat carrier, expressed in kW;

(14)‘electrical efficiency’ (ηel) means the ratio of the electricity output and the total energy input of a cogeneration space heater, expressed in %, whereby the total energy input is expressed in terms of GCV and/or in terms of final energy multiplied by CC;

(15)‘ignition burner power consumption’ (Pign) means the power consumption of a burner intended to ignite the main burner, expressed in W in terms of GCV;

(16)‘condensing boiler’ means a boiler space heater or boiler combination heater in which, under normal operating conditions and at given operating water temperatures, the water vapour in the combustion products is partially condensed, in order to make use of the latent heat of this water vapour for heating purposes;

(17)‘auxiliary electricity consumption’ means the annual electricity required for the designated operation of a boiler space heater, boiler combination heater or cogeneration space heater, calculated from the electric power consumption at full load (elmax), at part load (elmin), in standby mode and default operating hours at each mode, expressed in kWh in terms of final energy;

(18)‘standby heat loss’ (Pstby) means the heat loss of a boiler space heater, boiler combination heater or cogeneration space heater in operating modes without heat demand, expressed in kW;

Definitions related to heat pump space heaters and heat pump combination heaters

(19)‘outdoor temperature’ (Tj) means the dry bulb outdoor air temperature, expressed in degrees Celsius; the relative humidity may be indicated by a corresponding wet bulb temperature;

(20)‘rated coefficient of performance’ (COPrated) or ‘rated primary energy ratio’ (PERrated) means the declared capacity for heating, expressed in kW, divided by the energy input, expressed in kW in terms of GCV and/or in kW in terms of final energy multiplied by CC, for heating provided at standard rating conditions;

(21)‘reference design conditions’ means the combination of the reference design temperature, the maximum bivalent temperature and the maximum operation limit temperature, as set out in Annex III, Table 4;

(22)‘reference design temperature’ (Tdesignh) means the outdoor temperature, expressed in degrees Celsius, as set out in Annex III, Table 4, at which the part load ratio is equal to 1;

(23)‘part load ratio’ (pl(Tj)) means the outdoor temperature minus 16 °C divided by the reference design temperature minus 16 °C;

(24)‘heating season’ means a set of operating conditions describing per bin the combination of outdoor temperatures and the number of hours these temperatures occur per season;

(25)‘bin’ (binj) means a combination of an outdoor temperature and bin hours, as set out in Annex III, Table 5;

(26)‘bin hours’ (Hj) means the hours per heating season, expressed in hours per year, at which an outdoor temperature occurs for each bin, as set out in Annex III, Table 5;

(27)‘part load for heating’ (Ph(Tj)) means the heating load at a specific outdoor temperature, calculated as the design load multiplied by the part load ratio and expressed in kW;

(28)‘seasonal coefficient of performance’ (SCOP) or ‘seasonal primary energy ratio’ (SPER) is the overall coefficient of performance of a heat pump space heater or heat pump combination heater using electricity or the overall primary energy ratio of a heat pump space heater or heat pump combination heater using fuels, representative of the designated heating season, calculated as the reference annual heating demand divided by the annual energy consumption;

(29)‘reference annual heating demand’ (QH) means the reference heating demand for a designated heating season, to be used as the basis for calculating SCOP or SPER and calculated as the product of the design load for heating and the annual equivalent active mode hours, expressed in kWh;

(30)‘annual energy consumption’ (QHE) means the energy consumption required to meet the reference annual heating demand for a designated heating season, expressed in kWh in terms of GCV and/or in kWh in terms of the final energy multiplied by CC;

(31)‘annual equivalent active mode hours’ (HHE) means the assumed annual number of hours a heat pump space heater or heat pump combination heater has to provide the design load for heating to satisfy the reference annual heating demand, expressed in h;

(32)‘active mode coefficient of performance’ (SCOPon) or ‘active mode primary energy ratio’ (SPERon) means the average coefficient of performance of the heat pump space heater or heat pump combination heater using electricity in active mode, or the average primary energy ratio of the heat pump space heater or heat pump combination heater using fuels in active mode for the designated heating season;

(33)‘supplementary capacity for heating’ (sup(Tj)) means the rated heat output Psup of a supplementary heater that supplements the declared capacity for heating to meet the part load for heating, if the declared capacity for heating is less than the part load for heating, expressed in kW;