Commission Regulation (EU) No 814/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for water heaters and hot water storage tanks 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 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’ (ηwh) 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’ (LWA) 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

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).

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 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

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.

Article 8

Transitional provisions

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.

ANNEX I

Definitions applicable for Annexes II to VI

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

(1) ‘storage water heater’ means a water heater equipped with hot water storage tank(s), heat generator(s) and possibly other parts, which are contained in a single housing;

(2) ‘load profile’ means a given sequence of water draw-offs, as specified in Annex III, Table 1; each water heater meets at least one load profile;

(3) ‘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 III, Table 1;

(4) ‘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 III, Table 1;

(5) ‘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 III, Table 1;

(6) ‘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 III, Table 1;

(7) ‘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;

(8) ‘peak temperature’ (Tp) means the minimum water temperature, expressed in degrees Celsius, to be achieved during water draw-off, as specified in Annex III, Table 1;

(9) ‘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 III, Table 1;

(10) ‘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;

(11) ‘declared load profile’ means the load profile applied for conformity assessment;

(12) ‘daily electricity consumption’ (Qelec) means the consumption of electricity over 24 consecutive hours under the declared load profile, expressed in kWh in terms of final energy;

(13) ‘daily fuel consumption’ (Qfuel) means the consumption of fuels over 24 consecutive hours under the declared load profile, expressed in kWh in terms of GCV;

(14) ‘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;

(15) ‘smart control’ means a device that automatically adapts the water heating process to individual usage conditions with the aim of reducing energy consumption;

(16) ‘smart control compliance’ (smart) means the measure of whether a water heater equipped with smart controls fulfils the criterion set out in point 4 of Annex IV;

(17) ‘smart control factor’ (SCF) means the water heating energy efficiency gain due to smart control under the conditions set out in point 3 of Annex III;

(18) ‘weekly electricity consumption with smart controls’ (Qelec,week,smart) means the weekly electricity consumption of a water heater with the smart control function enabled, measured under the conditions set out in point 3 of Annex III, expressed in kWh in terms of final energy;

(19) ‘weekly fuel consumption with smart controls’ (Qfuel,week,smart) means the weekly fuel consumption of a water heater with the smart control function enabled, measured under the conditions set out in point 3 of Annex III, expressed in kWh in terms of GCV;

(20) ‘weekly electricity consumption without smart controls’ (Qelec,week) means the weekly electricity consumption of a water heater with the smart control function disabled, measured under the conditions set out in point 3 of Annex III, expressed in kWh in terms of final energy;

(21) ‘weekly fuel consumption without smart controls’ (Qfuel,week) means the weekly fuel consumption of a water heater with the smart control function disabled, measured under the conditions set out in point 3 of Annex III, expressed in kWh in terms of GCV;

(22) ‘ambient correction term’ (Qcor) means a term which takes into account the fact that the place where the water heater is installed is not an isothermal place, expressed in kWh;

(23) ‘standby heat loss’ (Pstby) means the heat loss of a heat pump water heater in operating modes without heat demand, expressed in kW;

(24) ‘mixed water at 40 °C’ (V40) means the quantity of water at 40 °C, which has the same heat content (enthalpy) as the hot water which is delivered above 40 °C at the output of the water heater, expressed in litres;

(25) ‘average climate conditions’ mean the temperature and global solar irradiance conditions characteristic for the city of Strasbourg;

(26) ‘annual energy consumption’ (Qtota) means the annual energy consumption of a solar water heater, expressed in kWh in terms of primary energy and/or kWh in terms of GCV;

(27) ‘annual non-solar heat contribution’ (Qnonsol) means the annual contribution of electricity (expressed in kWh in terms of primary energy) and/or fuel (expressed in kWh in terms of GCV) to the useful heat output of a solar water heater, taking into account the annual amount of heat captured by the solar collector and the heat losses of the solar hot water storage tank;

(28) ‘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; it is characterised by the collector aperture area, the zero-loss efficiency, the first-order coefficient, the second-order coefficient and the incidence angle modifier;

(29) ‘global solar irradiance’ means the rate of total incoming solar energy, both direct and diffuse, on a collector plane with an inclination of 45 degrees and southward orientation at the Earth’s surface, expressed in W/m²;

(30) ‘collector aperture area’ (Asol) means the maximum projected area through which unconcentrated solar radiation enters the collector, expressed in m²;

(31) ‘zero-loss efficiency’ (η0) means the efficiency of the solar collector, when the solar collector mean fluid temperature is equal to the ambient temperature;

(32) ‘first-order coefficient’ (a1) means the heat loss coefficient of a solar collector, expressed in W/(m² K);

(33) ‘second-order coefficient’ (a2) means the coefficient measuring the temperature dependence of the first-order coefficient, expressed in W/(m² K²);

(34) ‘incidence angle modifier’ (IAM) means the ratio of the useful heat output of a solar collector at a given incidence angle and its useful heat output at an incidence angle of 0 degrees;

(35) ‘incidence angle’ means the angle between the direction to the sun and the direction perpendicular to the solar collector aperture;

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

(37) ‘heat generator water heating energy efficiency’ (ηwh,nonsol) means the water heating energy efficiency of a heat generator which is part of a solar water heater, expressed in %, established under average climate conditions and without using solar heat input;

(38) ‘auxiliary electricity consumption’ (Qaux) means the annual electricity consumption of a solar water heater that is due to the pump power consumption and the standby power consumption, expressed in kWh in terms of final energy;

(39) ‘pump power consumption’ (solpump) means the rated electrical power consumption of the pump in the collector loop of a solar water heater, expressed in W;

(40) ‘standby power consumption’ (solstandby) means the rated electrical power consumption of a solar water heater when the pump and the heat generator of a solar water heater are inactive, expressed in W;

(41) ‘equivalent model’ means a model placed on the market with the same technical parameters set out in the applicable product information requirements of Annex II as another model placed on the market by the same manufacturer.

ANNEX II

1. ECODESIGN REQUIREMENTS FOR WATER HEATERS

1.1.   Requirements for water heating energy efficiency

(a)From 26 September 2015 the water heating energy efficiency of water heaters shall not fall below the following values:

Declared load profile	3XS	XXS	XS	S	M	L	XL	XXL	3XL	4XL
Water heating energy efficiency	22 %	23 %	26 %	26 %	30 %	30 %	30 %	32 %	32 %	32 %
In addition, for water heaters with smart being declared as ‘1’: water heating energy efficiency calculated for smart = 0, tested under the declared load profile	19 %	20 %	23 %	23 %	27 %	27 %	27 %	28 %	28 %	28 %

(b)From 26 September 2017 the water heating energy efficiency of water heaters shall not fall below the following values:

Declared load profile	3XS	XXS	XS	S	M	L	XL	XXL	3XL	4XL
Water heating energy efficiency	32 %	32 %	32 %	32 %	36 %	37 %	37 %	37 %	37 %	38 %
In addition, for water heaters with smart being declared as ‘1’: water heating energy efficiency calculated for smart = 0, tested under the declared load profile	29 %	29 %	29 %	29 %	33 %	34 %	35 %	36 %	36 %	36 %

(c)From 26 September 2018 the water heating energy efficiency of water heaters shall not fall below the following values:

Declared load profile	XXL	3XL	4XL
Water heating energy efficiency	60 %	64 %	64 %