Legal act: 
Directive 92/42/EEC
Commission Regulation (EU) No 813/2013 partially repeals Directive 92/42/EEC

Parts of Directive 92/42/EEC that remain active:
Commission Regulation (EU) No 813/2013, Article 9 - Repeal

Consolidated act:
09/01/2017 of Commission Regulation (EU) No 813/2013

26/09/2013 of Directive 92/42/EEC

Directive 92/42/EEC

Article 1

This Directive, which comes under the SAVE programme concerning the promotion of energy efficiency in the Community , determines the efficiency requirements applicable to new hot-water boilers fired by liquid or gaseous fuels with a rated output of no less than 4 kW and no more than 400 kW, hereinafter called 'boilers'.

Article 3

1. The following shall be excluded from the Directive:
   • hot-water boilers capable of being fired by different fuels including solid fuels,
   • equipment for the instantaneous preparation of hot water,
   • boilers designed to be fired by fuels the properties of which differ appreciably from the properties of the liquid and gaseous fuels commonly marketed (industrial waste gas, biogas, etc),
   • cookers and appliances designed mainly to heat the premises in which they are installed and , as a subsidiary function , to supply hot water for central heating and sanitary hot water, appliances with rated outputs of less than 6 kW using gravity circulation and designed solely for the production of stored sanitary hot water,
   • boilers manufactured on a one-off basis.
2. In the case of boilers with a dual function, that of heating premises and also providing sanitary hot water, the efficiency requirements referred to in Article 5 ( 1 ) concern the heating function only.

Article 4

1. Member States may not prohibit, restrict or impede the placing on the market or entry into service within their territories of appliances and boilers which satisfy the requirements ofthis Directive , save as otherwise laid down in the Treaty or other Directives or Community provisions.
2. Member States shall take all necessary measures to ensure that boilers cannot be put into service unless they satisfy the efficiency requirements set out in Article 5(1) and the conditions for entry into service which the Member States lay down on the basis of local climatic conditions and the Article energy and occupancy characteristics of the buildings.
3. However, Member States where back-boilers and /or boilers that are to be installed in the living space , are widely installed at the date of the adoption of the present Directive , shall continue to authorize their entry into service , provided that their efficiency both at rated output and at 30 % part load is not more than 4 % below the requirements laid down in Article 5(1) for standard boilers.
4. The effects of the provisions in paragraphs 2 and 3 shall be constantly monitored by the Commission and analysed in the report to be submitted under Article 10. To this end the Member States shall forward to the Commission any information it requires to submit to the Council the proposed amendments, provided for in that Article, designed to ensure at all events the energy efficiency and free movement of boilers in the Community.

Article 7

1. Member States shall deem that boilers which comply with the harmonized standards, the reference numbers of which have been published in the Official Journal of the European Communities and for which the Member States have published the reference numbers of the national standards transposing those harmonized standards, to be in conformity with the essential efficiency requirements stipulated in Article 5 ( 1 ). Such boilers must bear the CE mark referred to in Annex 1, section1, and be accompanied by the EC declaration of conformity.
2. The conformity of series-produced boilers shall be certified by:
   • examination of the efficiency of a boiler type in accordance with module B as described in Annex III,
   • a declaration of conformity to the approved type in accordance with module C, D or E as described in Annex IV.

For boilers burning gaseous fuels, the procedures for assessing the conformity of their efficiency shall be those used to assess conformity to the safety requirements laid down in Directive 90 / 396 /EEC on the approximation of the laws of the Member States relating to appliances burning gaseous fuels.

3. When appliances marketed separately are placed on the market, they must bear the CE mark and be accompanied by the EC declaration of conformity, which defines the parameters enabling them after assembly to achieve the useful efficiency levels laid down in Article 5(1).
4. The CE mark of conformity to the requirements ofthis Directive and to the other provisions concerning the granting of the CE mark, and also the inscriptions specified in Annex I, shall be affixed on boilers in a visible, easily legible and indelible manner. The affixing on such products of any other mark, sign or indication liable to create confusion with the CE mark both as regards its significance or in its appearance shall be prohibited.

Conformity to type → see ANNEX IV - Module C (p. 25)

Commission Regulation (EU) No 813/2013

Subject matter and scope

1. This Regulation establishes ecodesign requirements for the placing on the market and/or putting into service of space heaters and combination heaters with a rated heat output ≤ 400 kW, including those integrated in packages of space heater, temperature control and solar device or packages of combination heater, temperature control and solar device as defined in Article 2 of Commission Delegated Regulation (EU) No 811/2013.
2. This Regulation shall not apply to:
   1. heaters specifically designed for using gaseous or liquid fuels predominantly produced from biomass;
   2. heaters using solid fuels;
   3. heaters within the scope of Directive 2010/75/EU of the European Parliament and of the Council (1);
   4. heaters generating heat only for the purpose of providing hot drinking or sanitary water;
   5. heaters for heating and distributing gaseous heat transfer media such as vapour or air;
   6. cogeneration space heaters with a maximum electrical capacity of 50 kW or above;
   7. 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 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 (see p. 160).

Article 8 - Transitional provisions

1. Until 26 September 2015 Member States may allow the placing on the market and/or putting into service of heaters which are in conformity with the national provisions in force when this Regulation is adopted regarding seasonal space heating energy efficiency, water heating energy efficiency and sound power level.
2. Until 26 September 2018 Member States may allow the placing on the market and/or putting into service of heaters, which are in conformity with the national provisions in force when this Regulation is adopted regarding emissions of nitrogen oxides.

ANNEX I - Definitions applicable for Annexes II to V

Definitions related to heaters

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.