Commission Regulation (EU) 2015/1189 of 28 April 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for solid fuel boilers (Text with EEA relevance)

1 Without prejudice to Directive 2010/75/EU of the European Parliament and of the Council , this Regulation establishes ecodesign requirements for placing on the market and putting into service solid fuel boilers with a rated heat output of 500 kilowatt (‘kW’) or less, including those integrated in packages of a solid fuel boiler, supplementary heaters, temperature controls and solar devices as defined in Article 2 of Delegated Regulation (EU) 2015/1187.

2 This Regulation shall not apply to: (a) boilers generating heat exclusively for providing hot drinking or sanitary water; (b) boilers for heating and distributing gaseous heat transfer media such as vapour or air; (c) solid fuel cogeneration boilers with a maximum electrical capacity of 50 kW or more; (d) non-woody biomass boilers.

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) ‘solid fuel boiler’ means a device equipped with one or more solid fuel heat generators that provides heat to a water-based central heating system in order to reach and maintain at a desired level the indoor temperature of one or more enclosed spaces, with a heat loss to its surrounding environment of not more than 6 % of rated heat output; (2) ‘water-based central heating system’ means a system using water as a heat transfer medium to distribute centrally generated heat to heat emitting devices for the heating of enclosed spaces within buildings or parts thereof, including block heating or district heating networks; (3) ‘solid fuel heat generator’ means the part of a solid fuel boiler that generates the heat through the combustion of solid fuels; (4) ‘rated heat output’ or ‘Pr’ means the declared heat output of a solid fuel boiler when providing heating of enclosed spaces with the preferred fuel, expressed in kW; (5) ‘solid fuel’ means a fuel that is solid at normal indoor room temperatures, including solid biomass and solid fossil fuel; (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) ‘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; (8) ‘non-woody biomass’ means biomass other than woody biomass, including straw, miscanthus, reeds, kernels, grains, olive stones, olive cakes and nut shells; (9) ‘fossil fuel’ means fuel other than biomass, including anthracite, brown coal, coke, bituminous coal; for the purposes of this Regulation it also includes peat; (10) ‘biomass boiler’ means a solid fuel boiler that uses biomass as the preferred fuel; (11) ‘non-woody biomass boiler’ means a biomass boiler that uses non-woody biomass as the preferred fuel and for which woody biomass, fossil fuel or a blend of biomass and fossil fuel are not listed among its other suitable fuels; (12) ‘preferred fuel’ means the single solid fuel which is to be preferably used for the boiler according to the manufacturer's instructions; (13) ‘other suitable fuel’ means a solid fuel, other than the preferred fuel, which can be used in the solid fuel boiler 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, in technical promotional material and in advertisements; (14) ‘solid fuel cogeneration boiler’ means a solid fuel boiler capable of simultaneously generating heat and electricity; (15) ‘seasonal space heating energy efficiency’ or ‘ηs’ means the ratio between the space heating demand for a designated heating season supplied by a solid fuel boiler and the annual energy consumption required to meet that demand, expressed in %; (16) ‘particulate matter’ means particles of various shape, structure and density scattered in the gaseous phase of the flue gas. For the purposes of Annexes II to V, additional definitions are set out in Annex I.

1 The ecodesign requirements for solid fuel boilers are set out in Annex II.

2 Solid fuel boilers shall meet the requirements set out in point 1 and 2 of Annex II from 1 January 2020.

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 2(c) of Annex II to this Regulation.

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 boilers 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 2022. In particular, the review shall assess whether it is appropriate: (a) to include solid fuel boilers with a rated heat output of up to 1000 kilowatt; (b) to include non-woody biomass boilers, with ecodesign requirements for their specific types of pollutant emissions; (c) to set stricter ecodesign requirements beyond 2020 for energy efficiency and for emissions of particulate matter, organic gaseous compounds and carbon monoxide; and (d) to vary the verification tolerances.

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

Until 1 January 2020 Member States may allow the placing on the market and putting into service of solid fuel boilers which are in conformity with the national provisions in force regarding seasonal space heating energy efficiency, and emissions of particulate matter, organic gaseous compounds, carbon monoxide and 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.