Commission Regulation (EU) 2024/1103 of 18 April 2024 implementing Directive 2009/125/EC of the European Parliament and of the Council as regards ecodesign requirements for local space heaters and separate related controls and repealing Commission Regulation (EU) 2015/1188

Electric local space heaters

Luminous and tube local space heaters

Controls

ANNEX V

Verification procedure for the purpose of market surveillance referred to in Article 5

• 1.The verification tolerances defined in this Annex relate only to the verification of the declared parameters by Member State authorities and shall not be used by the manufacturer, importer or authorised representatives as an allowed tolerance to establish the values in the technical documentation or in interpreting these values with a view to achieving compliance or to communicate better performance by any means.

• 2.Where a model is not in conformity with the requirements laid down in Article 6, the model and all equivalent models shall be considered not compliant.

• 3.As part of verifying the compliance of a local space heater model or a separate related control model with the requirements laid down in this Regulation pursuant to Article 3(2) of Directive 2009/125/EC, the authorities of the Member States shall apply the following procedure:

- (a) the Member State authorities shall verify one single unit per model;

• (b) the model and all equivalent models shall be considered to comply with the requirements set out in this Regulation if all the following conditions are fulfilled:
• (i) the declared values given in the technical documentation pursuant to point 2 of Annex IV to Directive 2009/125/EC, and, where applicable, the values used to calculate these values, are not more favourable for the manufacturer, importer or authorised representative than the results of the corresponding measurements carried out pursuant to point 2(g) of that Annex;
• (ii) the declared values meet any requirements laid down in this Regulation, and any required product information published by the manufacturer, importer or authorised representative does not contain values that are more favourable for the manufacturer, importer or authorised representative than the declared values;
• (iii) when the Member State authorities check the unit of the model, any software update system that may have been set up by the manufacturer, importer or authorised representative complies with the requirements in Article 7;
• (iv) when the Member State authorities check the unit of the model, it complies with the product information requirements in point 4 and resource efficiency requirements in point 5 of Annex II;
• (v) when the Member State authorities test the unit of the model, the determined values (the values of the relevant parameters as measured in testing and the values calculated from these measurements) comply with the respective verification tolerances in Table 12.

• 4.Where the results referred to in points (3)(b), (i), (ii) (iii) or (iv) are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.

- 5.Where the result referred to in point (3)(b)(v) is not achieved, the Member State authorities shall select three additional units of the same model for testing. As an alternative, the three additional units selected may be of one or more equivalent models.

• 6.The model shall be considered to comply with the applicable requirements if, for the three units referred to in point (5), the arithmetical mean of the determined values complies with the respective verification tolerances set out in Table 12.

• 7.Where the result referred to in point (6) is not achieved, the model and all equivalent models shall be considered not in compliance with this Regulation.

• 8.The Member State authorities shall provide all relevant information to the authorities of the other Member States and to the Commission without delay after a decision being taken on the non-compliance of the model in accordance with points (2), (4) or (7).

• 9.The Member State authorities shall use the measurement and calculation methods set out in Annex III.

• 10.The Member State authorities shall only apply the verification tolerances that are set out in Table 12 and shall use only the procedure described in points (3) to (7) for the requirements referred to in this Annex. For the parameters in Table 12 no other verification tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied.

Table 12: Verification tolerances

Where three additional units are tested in accordance with point (5), the determined value means the arithmetical mean of the values determined for those three additional units.

ANNEX VI

Indicative benchmarks referred to in Article 8

At the time of entry into force of this Regulation, the best available technology on the market for local space heaters in terms of seasonal space heating energy efficiency and emissions of nitrogen oxides was identified as follows:

• (1) specific benchmarks for seasonal space heating energy efficiency of local space heaters:
• (a) open fronted local space heaters: 65%;
• (b) open combustion closed fronted local space heaters and balanced flue local space heaters: 88%;
• (c) electric local space heaters: 51%;
• (d) luminous local space heaters: 92%;
• (e) tube local space heaters: 88%;

• (2) Specific benchmarks for emissions of nitrogen oxides (NOx) by local space heaters:
• (a) local space heaters using gaseous or liquid fuel: 50 mg/kWhinput based on GCV;
• (b) luminous local space heaters and tube local space heaters: 50 mg/kWhinput based on GCV.

The benchmarks specified in the points 1 and 2 do not necessarily imply that a combination of those values is achievable for a single local space heater.