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)

1 This Regulation establishes ecodesign requirements for the placing on the market and putting into service of solid fuel local space heaters with a nominal heat output of 50 kW or less.

2 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.

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.

1 The ecodesign requirements for solid fuel local space heaters are set out in Annex II.

2 Solid fuel local space heaters shall meet the requirements set out in Annex II from 1 January 2022.

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

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 the conformity assessment pursuant to Article 8 of Directive 2009/125/EC, the technical documentation shall contain the information set out in point 3 of Annex II to this Regulation.

3 Where the information included in the technical documentation for a model has been obtained by calculation on the basis of design, or extrapolation from other models, or both, the technical documentation shall include details of such calculations or extrapolations, or both, and of tests undertaken by manufacturers to verify the accuracy of the calculations undertaken. In such cases, the technical documentation shall also include a list of the models that served as the basis for the extrapolation and of all other models where the information contained in the technical documentation was obtained on the same basis.

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.

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.

1 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.

2 The Commission shall review whether it is appropriate to introduce third party certification for solid fuel local space heaters and present the result of that review to the Consultation Forum no later than 22 August 2018.

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.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.