Commission Regulation (EU) 2015/1185 of 24 April 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for solid fuel local space heaters (Text with EEA relevance)

Article 1

Subject matter and scope

This Regulation shall not apply to:

(a) solid fuel local space heaters that are specified for the combustion of non-woody biomass only;

(b) solid fuel local space heaters that are specified for outdoor use only;

(c) solid fuel local space heaters of which the direct heat output is less than 6 % of the combined direct and indirect heat output at nominal heat output;

(d) solid fuel local space heaters that are not factory assembled, or are not provided as prefabricated components or parts by a single manufacturer which are to be assembled on site.

(e) air heating products;

(f) sauna stoves.

Article 2

Definitions

In addition to the definitions set out in Article 2 of Directive 2009/125/EC, the following definitions shall apply:

(1) ‘solid fuel local space heater’ means a space heating device that emits heat by direct heat transfer or by direct heat transfer in combination with heat transfer to a fluid, in order to reach and maintain a certain level of human thermal comfort within an enclosed space in which the product is situated, possibly combined with a heat output to other spaces, and is equipped with one or more heat generators that convert solid fuels directly into heat;

(2) ‘open fronted solid fuel local space heater’ means a solid fuel local space heater of which the fire bed and combustion gases are not sealed from the space in which the product is fitted and which is sealed to a chimney or fireplace opening or requires a flue duct for the evacuation of products of combustion;

(3) ‘closed fronted solid fuel local space heater’ means a solid fuel local space heater of which the fire bed and combustion gases can be sealed from the space in which the product is fitted and which is sealed to a chimney or fireplace opening or requires a flue duct for the evacuation of products of combustion;

(4) ‘cooker’ means a solid fuel local space heater, using solid fuels, that integrates in one enclosure the function of a solid fuel local space heater, and a hob an oven or both to be used for preparation of food and which is sealed to a chimney or fireplace opening or requires a flue duct for the evacuation of products of combustion;

(5) ‘flueless solid fuel local space heater’ means a solid fuel local space heater emitting the products of combustion into the space where the product is situated;

(6) ‘open to chimney solid fuel local space heater’ means a solid fuel local space heater intended to sit under a chimney or in a fireplace without sealing between the product and the chimney or fireplace opening, and allowing the products of combustion pass unrestricted from the fire bed to the chimney or flue;

(7) ‘sauna stove’ means a solid fuel local space heater, incorporated in, or declared to be used in, dry or wet sauna's or similar environments;

(8) ‘air heating product’ means a product providing heat to an air-based heating system only that can be ducted and is designed to be used while fastened or secured in a specific location or wall mounted which distributes the air by means of an air moving device in order to reach and maintain a certain level of human thermal comfort within an enclosed space in which the product is situated;

(9) ‘solid fuel’ means a fuel which is solid at normal indoor room temperatures, including solid biomass and solid fossil fuel;

(10) ‘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;

(11) ‘woody biomass’ means biomass originating from trees, bushes and shrubs, including log wood, chipped wood, compressed wood in the form of pellets, compressed wood in the form of briquettes, and sawdust;

(12) ‘non-woody biomass’ means biomass other than woody biomass, including, inter alia, straw, miscanthus, reeds, kernels, grains, olive stones, olive cakes and nut shells;

(13) ‘fossil solid fuel’ means solid fuel other than biomass, including anthracite and dry steam coal, hard coke, low temperature coke, bituminous coal, lignite, a blend of fossil fuels or a blend of biomass and fossil fuel; for the purposes of this Regulation it also includes peat;

(14) ‘preferred fuel’ means the single fuel for which is to be preferably used for the solid fuel local space heater according to the manufacturer's instructions;

(15) ‘other suitable fuel’ means a fuel, other than the preferred fuel, which can be used in the solid fuel local space heater according to the manufacturer's instructions and includes any fuel that is mentioned in the instruction manual for installers and end-users, on free access websites of manufacturers and suppliers, in technical or promotional material and in advertisements;

(16) ‘direct heat output’ means the heat output of the product by radiation and convection of heat, as emitted by or from the product itself to air excluding the heat output of the product to a heat transfer fluid, expressed in kW;

(17) ‘indirect heat output’ means the heat output of the product to a heat transfer fluid by the same heat generation process that provides the direct heat output of the product, expressed in kW;

(18) ‘indirect heating functionality’ means the product is capable of transferring part of the total heat output to a heat transfer fluid, for use as space heating or domestic hot water generation;

(19) ‘nominal heat output’ (Pnom) means the heat output of a solid fuel local space heater comprising both direct heat output and indirect heat output (where applicable), when operating at the setting for the maximum heat output that can be maintained over an extended period, as declared by the manufacturer, expressed in kW;

(20) ‘minimum heat output’ (Pmin) means the heat output of a solid fuel local space heater comprising both direct heat output and indirect heat output (where applicable), when operating at the setting for the lowest heat output, as declared by the manufacturer, expressed in kW;

(21) ‘intended for outdoor use’ means the product is suitable for safe operation outside enclosed spaces, including possible use in outdoor conditions;

(22) ‘particulate matter’ means particles of various shape, structure and density scattered in the gaseous phase of the flue gas;

(23) ‘equivalent model’ means a model placed on the market with the same technical parameters set out in Table 1 of point 3 of Annex II as another model placed on the market by the same manufacturer.

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

Article 3

Ecodesign requirements and timetable

Article 4

Conformity assessment

Article 5

Verification procedure for market surveillance purposes

Member States shall apply the verification procedure set out in Annex IV to this Regulation 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.

Article 6

Indicative benchmarks

The indicative benchmarks for best-performing solid fuel local space 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 and present the result of that review to the Consultation Forum no later than 1 January 2024. In particular, the review shall assess:

— whether it is appropriate to set stricter ecodesign requirements for energy efficiency and for emissions of particulate matter (PM), organic gaseous compounds (OGCs), carbon monoxide (CO) and nitrogen oxides (NOx),

— whether the verification tolerances should be modified.

Article 8

Transitional provisions

Until 1 January 2022 Member States may allow the placing on the market and putting into service of solid fuel local space heaters which are in conformity with the national provisions in force regarding seasonal space heating energy efficiency, emissions of particulate matter, emissions of organic gaseous compounds, emissions of carbon monoxide and emissions of nitrogen oxides.

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 V

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

(1) ‘seasonal space heating energy efficiency’ (ηs) means the ratio between the space heating demand, supplied by a solid fuel local space heater and the annual energy consumption required to meet this demand, expressed in %;

(2) ‘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 (¹); the value of the conversion coefficient is CC = 2,5;

(3) ‘particulate matter emissions’ means the emissions of particulate matter at nominal heat output, expressed in mg/m³ dry flue gas calculated to 273 K and 1 013 mbar at 13 % O2 or the weighted average emission of particulate matter over up to four burn rates, expressed in g/kg, dry matter;

(4) ‘carbon monoxide emissions’ means the emissions of carbon monoxide at nominal heat output, expressed in mg/m³ flue gas calculated to 273 K and 1 013 mbar at 13 % O2;

(5) ‘organic gaseous compounds emissions’ means the emissions of organic gaseous compounds at nominal heat output expressed in mgC/m³ flue gas calculated to 273 K and 1 013 mbar at 13 % O2;

(6) ‘nitrogen oxides emissions’ means the emissions of nitrogen oxides at nominal heat output, expressed in mg/m³ flue gas expressed as NO2 calculated to 273 K and 1 013 mbar at 13 % O2;

(7) ‘net calorific value’ (NCV) means the total amount of heat released by a unit quantity of fuel containing the appropriate moisture of the fuel, when it is burned completely with oxygen, and when the products of combustion are not returned to ambient temperature;

(8) ‘useful efficiency, at either nominal or minimum heat output’, (ηth,nom or ηth,min respectively) means the ratio of the useful heat output and the total energy input expressed in terms of NCV of a solid fuel local space heater, expressed in %;

(9) ‘electric power requirement at nominal heat output’ (elmax) means the electric power consumption of the solid fuel local space heater while providing the nominal heat output. The electric power consumption shall be established without consideration of the power consumption of a circulator in case the product offers indirect heating functionality and a circulator is incorporated, expressed in kW;

(10) ‘electric power requirement at minimum heat output’ (elmin) means the electric power consumption of the solid fuel local space heater while providing the minimum heat output. The electric power consumption shall be established without consideration of the power consumption of a circulator in case the product offers indirect heating functionality and a circulator is incorporated, expressed in kW;

(11) ‘electric power requirement in standby mode’ (elsb) means the electric power consumption of the product while in standby mode, expressed in kW;

(12) ‘permanent pilot flame power requirement’ (Ppilot) means the fuel consumption of solid fuel of the product for the provision of a flame to serve as an ignition source for the more powerful combustion process needed for nominal or part load heat output, when lit for more than 5 minutes before the main burner is on, expressed in kW;

(13) ‘single stage heat output, no room temperature control’ means the product is not capable of varying its heat output automatically and that no feedback of room temperature is present to adapt the heat output automatically;

(14) ‘two or more manual stages, no room temperature control’ means the product is capable of varying its heat output manually by two or more levels of heat output and is not equipped with a device that automatically regulates the heat output in relation to a desired indoor temperature;

(15) ‘with mechanic thermostat room temperature control’ means the product is equipped with a non-electronic device that allows the product to automatically vary its heat output over a certain time period, in relation to a certain required level of indoor heating comfort;

(16) ‘with electronic room temperature control’ means the product is equipped with an electronic device, either integrated or external, that allows the product to automatically vary its heat output over a certain time period, in relation to a certain required level of indoor heating comfort;

(17) ‘with electronic room temperature control plus day timer’ means the product is equipped with an electronic device, either integrated or external, that allows the product to automatically vary its heat output over a certain time period, in relation to a certain required level of indoor heating comfort, and allows the setting of timing and temperature level for a 24-hours timer interval;

(18) ‘with electronic room temperature control plus week timer’ means the product is equipped with an electronic device, either integrated or external, that allows the product to automatically vary its heat output over a certain time period, in relation to a certain required level of indoor heating comfort, and allows the setting of timing and temperature levels for a full week. During the 7-day period the settings must allow a variation on a day-to-day basis;

(19) ‘room temperature control, with presence detection’ means the product is equipped with an electronic device, either integrated or external, that automatically reduces the set-point for the room temperature when no person is detected in the room;

(20) ‘room temperature control, with open window detection’ means the product is equipped with an electronic device, either integrated or external, that reduces the heat output when a window or door has been opened. Whenever a sensor is used to detect the opening of a window or door, it can be installed with the product, externally to the product, built into the building structure or as a combination of those options;

(21) ‘with distance control option’ means the function that allows remote interaction from outside the building in which the product is installed with the control of the product;

(22) ‘single stage’ means that the product is not capable of automatically varying its heat output;

(23) ‘two stage’ means the product is capable of automatically regulating its heat output in two distinct levels, in relation to the actual indoor air temperature and a desired indoor air temperature, controlled through temperature sensing devices and an interface which is not necessarily integral to the product itself;

(24) ‘modulating’ means the product is capable of automatically regulating its heat output in three or more distinct levels, in relation to the actual indoor air temperature and a desired indoor air temperature, controlled through temperature sensing devices and an interface which is not necessarily integral to the product itself;

(25) ‘standby mode’ means a condition where the product 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;

(26) ‘other fossil fuel’ means fossil fuel other than anthracite and dry steam coal, hard coke, low temperature coke, bituminous coal, lignite, peat or blended fossil fuel briquettes;

(27) ‘other woody biomass’ means woody biomass other than log wood with a moisture content of 25 % or lower, briquetted fuel with a moisture content below 14 % or compressed wood with a moisture content below 12 %;

(28) ‘model identifier’ means the code, usually alphanumeric, which distinguishes a specific solid fuel local space heater model from other models with the same trade mark or manufacturer's name;

(29) ‘moisture content’ means the mass of water in the fuel in relation to the total mass of the fuel as used in the solid fuel local space heater.

ANNEX II

Ecodesign requirements

1. Specific ecodesign requirements for seasonal space heating energy efficiency

(a) Solid fuel local space heaters shall comply with the following requirements from 1 January 2022: (i) seasonal space heating energy efficiency of open fronted solid fuel local space heaters shall not be less than 30 %; (ii) seasonal space heating energy efficiency of closed fronted solid fuel local space heaters using solid fuel other than compressed wood in the form of pellets shall not be less than 65 %; (iii) seasonal space heating energy efficiency of closed fronted solid fuel local space heaters using compressed wood in the form of pellets shall not be less than 79 %; (iv) seasonal space heating energy efficiency of cookers shall not be less than 65 %.

2. Specific ecodesign requirements for emissions.

(a) From 1 January 2022 emissions of particulate matter (PM) from solid fuel local space heaters shall not exceed the following values: (i) emissions of PM by open fronted solid fuel local space heaters shall not exceed 50 mg/m³ at 13 % O2 when measured according to the method described in Annex III, point 4(a)(i)(1) or 6 g/kg (dry matter) when measured according to the method described in Annex III, point 4(a)(i)(2); (ii) emissions of PM by closed fronted solid fuel local space heaters using solid fuel other than compressed wood in the form of pellets and cookers shall not exceed 40 mg/m³ at 13 % O2 when measured according to the method described in Annex III, point 4(a)(i)(1) or 5 g/kg (dry matter) when measured according to the method described in Annex III, point 4(a)(i)(2) or 2,4 g/kg (dry matter) for biomass or 5,0 g/kg (dry matter) for solid fossil fuel when measured according to the method described in Annex III, point 4(a)(i)(3); (iii) emissions of PM by closed fronted solid fuel local space heaters using compressed wood in form of pellets shall not exceed 20 mg/m³ at 13 % O2 when measured according to the method described in Annex III, point 4(a)(i)(1) or 2,5 g/kg (dry matter) when measured according to the method described in Annex III, point 4(a)(i)(2) or 1,2 g/kg (dry matter) when measured according to the method described in Annex III, point 4(a)(i)(3).

(b) From 1 January 2022 emissions of organic gaseous compounds (OGCs) from solid fuel local space heaters shall not exceed the following values: (i) emissions of OGCs by open fronted solid fuel local space heaters, closed fronted solid fuel local space heaters using solid fuel other than compressed wood in the form of pellets and cookers shall not exceed 120 mgC/m³ at 13 % O2; (ii) emissions of OGCs by closed fronted solid fuel local space heaters using compressed wood in form of pellets shall not exceed 60 mgC/m³ at 13 % O2.