1978L0170 — EN — 16.12.1982 — 001.002 — 1
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►B COUNCIL DIRECTIVE
of 13February 1978
on the performance of heat generators for space heating and the production of hot water in new or
existing non-industrial buildings and on the insulation of heat and domestic hot-water distribution
in new non-industrial buildings
(78/170/EEC)
(OJ L 52, 23.2.1978, p. 32)
Amended by:
Official Journal
No page date
►M1 Council Directive of 10 December 1982 (82/885/EEC) L 378 19 31.12.1982
Corrected by:
►C1 Corrigendum, OJ L 89, 7.4.1983, p. 30 (82/885/EEC)
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COUNCIL DIRECTIVE
of 13February 1978
on the performance of heat generators for space heating and the
production of hot water in new or existing non-industrial buildingsand on the insulation of heat and domestic hot-water distribution in
new non-industrial buildings
(78/170/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 103 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in its resolution of 17 September 1974 concerning a new
energy policy strategy for the Community (3), the Council adopted the
objective of a reduction of the rate of growth of internal consumption by
measures for using energy rationally and economically without
jeopardizing social and economic growth objectives;
Whereas, in its resolution of 17 December 1974 on a Community action
programme on the rational utilization of energy (4), the Council noted
that, in its communications to the Council entitled ‘Rational utilization
of energy’, the Commission had drawn up a Community actionprogramme in this field;
Whereas any improvement in the rational use of energy is generally
beneficial to the environment;
Whereas the sector concerned with heating systems in buildings lends
itself to such measures;
Whereas recommendation 76/493/EEC (
5), related to the heating systems
of existing buildings;
Whereas in the case of new heating systems it is necessary to achieve
energy savings as soon as possible which will have an influence on totalenergy consumption as and when the systems are installed;
Whereas, to this end, a Directive should be adopted to provide a general
framework within which the Member States would jointly explore
energy saving methods designed to lessen the impact of the supplydifficulties referred to in Article 103 (4) of the Treaty;
Whereas heat generators for space heating and the production of
domestic hot water in new or existing non-industrial buildings should be
inspected at the stage of manufacture or at the time of installation;
Whereas it should be made compulsory in new non-industrial buildings
to provide, in economically justifiable conditions, thermal insulation
both for generators and for the system whereby the heated fluids are
distributed;
Whereas the Commission should receive regular information on the
implementing measures adopted and the results obtained or anticipated;
Whereas the implementing measures adopted for this Directive should
incorporate the measures adopted for the approximation of the laws ofthe Member States in the fields concerned by this Directive and shouldbe directed towards facilitating the harmonization and standardization1978L0170 — EN — 16.12.1982 — 001.002 — 2
(1) OJ No C 266, 7. 11. 1977, p. 55.
(2) OJ No C 287, 30. 11. 1977, p. 9.
(3) OJ No C 153, 9. 7. 1975, p. 1.
(4) OJ No C 153, 9. 7. 1975, p. 5.
(5) OJ No L 140, 28. 5. 1976, p. 12.
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work in progress or to be undertaken in these fields both at Community
and international level,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall take all necessary measures to ensure that all
new heat generators for space heating and/or the production of hot waterin new or existing non-industrial buildings comply with►
M1economically justifiable ◄minimum performance require-
ments.
In the case of generators capable of using various forms of energy, the
minimum performance requirements must relate to each form of energyused.
The term heat generator shall, in particular, mean hotwater boilers,
steam boilers, air heaters, including components and especially the
associated firing equipment appropriate to the type of fossil fuel used.
Combined electricity/heat generators used in buildings shall also beregarded as heat generators; for these, the minimum performancerequirements must relate to the full energy output.
Electric heat generators with resistances, heatpumps and connections to
a remote heating network shall be excluded.
2. Member States shall ensure that compliance with the minimumperformance requirements is assured by an inspection carried out either
at the stage of manufacture of the generator or at the time of installation.
3. Heat generators subject to inspection at the time of manufacture
cannot be offered for sale unless they comply with the minimumperformance requirements; compliance with the relevant rules shall becertified by means of a data plate giving the following minimum details:
— manufacturer's identity,
— type of heat generator and its year of manufacture,— heat rating in kW for every type of energy foreseen,— type and characteristics of the energy or energies used,— maximum temperature of the heating fluid,— confirmation of inspection and identification of the body which
carried it out,
— consumption of each heat generator when working to rated capacity.
The term ‘heat rating’ refers to the highest output that can be
continuously supplied by the heat generator.
When a heat generator of a type subject to inspection at the time of
manufacture is installed, the user shall be provided with writtenoperating and maintenance instructions to enable him to obtain optimumefficiency. These instructions must have been inspected in the same wayas the generator and include the main details of the findings of the
inspection.
3a. Heat generators subject to inspection at the time of installation
which do not comply with minimum performance requirements shall be
the subject of a decision by the competent administrative authority,
which may even order that a generator be taken out of service;compliance with these requirements shall be certified by means of a dataplate giving at least the details provided for in paragraph 3, with theexception of the last indent regarding the consumption of the generatorwhen working to rated capacity.1978L0170 — EN — 16.12.1982 — 001.002 — 3
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Indication of the maximum temperature of the heating fluid provided for
in the fifth indent may be omitted if the temperature is specified inanother document.
The inspecting body shall be required to provide the user with an
inspection report in a form laid down by the Member State; this reportmust state, in particular, the details which must be given on the dataplate provided for in the first subparagraph; It (SIC! it) may replace theplate.
When an inspection report states that a heat generator fails to comply
with the minimum performance requirements, the inspecting body shall
forward a copy of the report to the competent administrative authority.
In the case of any heat generator coming from another Member State thecompetent administrative authority of the place where the inspection iscarried outshall, with the owner's consent, provide the supplier, at thelatter's request, with a copy of the inspection report.
3b. The inspection of heat generators at the time of installation shall
be carried out in compliance with the code of practice annexed to this
Directive. The provisions of the code shall constitute a minimumcommon basis for the inspection procedure throughout the Community.They may be supplemented, but not cancelled or contradicted, byprovisions decided upon by the Member States. The provisions of thecode shall not apply to solid-fuel fired heat generators or to condensing
boilers.
4. In the case of heat generators subject to inspection at the time of
installation, Member States may fix, instead of minimum performancerequirements, maximum levels of energy loss in accordance with point3.1 of the code of practice.
In such case, the provisions of paragraphs 3a and 3b shall apply.
Article 2
Member States shall take all necessary measures to ensure that
economically justifiable insulation of the distribution and storage system
is made compulsory in new non-industrial buildings, both as regards
heating fluid and domestic hot water.
These provisions shall also apply to systems connected to a remote-
heating network.
They shall also apply to new heat generators, including electric systems
for heating water, in all new or existing non-industrial buildings.
Article 3
The date from which a heat generator may no longer be installed, unless
it complies with the minimum performance requirements in accordancewith Article l, shall be l January 1981.
The measures referred to in Article 2 shall apply from l July 1980.
Article 4
The Member States shall duly inform the Commission of measures taken
within the scope of this Directive and of the results obtained or
anticipated from such measures.
Article 5
This Directive shall in no way prejudge measures based on Article 100
of the Treaty.
Article 6
This Directive is addressed to the Member States.1978L0170 — EN — 16.12.1982 — 001.002 — 4
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ANNEX I
CODE OF PRACTICE FOR TESTING THE PERFORMANCE AT THE
TIME OF INSTALLATION OF A LIQUID OR GASEOUS-FUEL FIRED
HEAT GENERATOR USED IN A NON-INDUSTRIAL BUILDING FOR
SPACE HEATING AND/OR THE PRODUCTION OF DOMESTIC HOT
WATER
TEST PROCEDURE AND DETERMINATION OF LOSSESl. GENERAL
1.1. In the case of a heat generator capable of using various types of fuel (liquid
or gaseous), the test shall be carried out with a fuel of each type which is in
conformity with the manufacturer's specifications and available at the time
of the test.
1.2. The exit for the flue-gases shall be provided with an aperture for the
insertion of measuring probes and for smoke sampling.
1.3. The accuracy of each measurement must be such as to enable the overall
accuracy of results specified by the Member States to be obtained.
1.4. The test will be carried out within a reasonable period of time and
preferably at the nominal calorific output of the generator. Where this is
impossible, the next-closest load should be used. If the generator is
designed to operate at two or at several loads, a reduced load test may also
be carried out at the request of the Member States. The loads used shall be
assessed by a reliable method.
1.5. Performance, whether determined by the direct or indirect method, shall be
expressed as a percentage on the basis of the net or gross calorific value of
the fuel injected into the burner at the load assessed as indicated in 1.4.
2. TEST CONDITIONS2.1.Preparation of the generator
2.1.1. It shall be the responsibility of the user, with the possible help of the
manufacturer and/or the installer, to carry out before the test any cleaning,
regulation and preparation of the generator which he considers necessary.
The competent administrative authorities may make such cleaning
compulsory.
2.1.2. The leak tightness of the generator and of its connection with the flue shall
be checked.
2.2.Identification of the generator
2.2.1. Prior to the test, the inspecting body (hereinafter called ‘the body’) shall
record all necessary data for identification of the generator, and at least the
generator's features or specifications as stated for example on the data plate
and/or in the instructions for assembly and operation given to the user with
regard to manufacturer, make, year of manufacture and heat rating.
2.2.2. The body shall check that the necessary conditions are fulfilled for
ensuring that no disturbance occurs during the test which is likely to
adversely affect its validity. To this end it shall in particular require the
user to produce the certificates - or provide any other means of proof -
establishing that the safety checks laid down for the boiler-room and
boiler-room premises have been carried out. This condition may be
deemed to have been fulfilled in Member States where heat generators
cannot be installed or put into operation without prior safety checks. If no
such checks are required by national law, the body is entitled to reasonable
assurance of safe working conditions before it carries out the check.
Should it fail to obtain satisfaction on the above points, the body may
refuse to carry out the check; in that event it shall draw up an ad hoc
report.
2.3.Preliminary running
2.3.1. Prior to the test, preliminary running may be carried out by the body in
order to check and pre-set the functioning of the measuring equipment
installed for checking purposes. The body shall ensure that all
measurements are to the required degree of accuracy. More specifically,
if the body decides to use certain measuring instruments forming part of
the installation's normal equipment, it must check that these meet the
desired conditions as regards standards of accuracy and reliability.
2.3.2. It shall be the responsibility of the user, assisted by the manufacturer and/
or the installer, with the permission of the generator's owner, to carry out
any final adjustments to the generator which may be necessary and to1978L0170 — EN — 16.12.1982 — 001.002 — 5
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provide any additional explanations of the various instructions so as to
create optimum test conditions.
2.4.The test
2.4.1. Testing operations shall be the responsibility of the body alone.
2.4.2. The test shall be carried out under steady-state conditions, with the fuel
and combustion-air flow rates kept constant.
2.4.3. During the test the body shall take the compulsory measurements provided
for under 3 and, if appropriate, the optional measurements provided for
under 4. It shall draw up a report as provided in 5.
3. DETERMINATION OF LOSSES VIA FLUE GASES3.1. Measurement of sensible-heat losses
Where performance is determined by the indirect method, the body shall
be entitled to measure the percentage by volume by either carbon dioxide
or oxygen in the flue gases.
It shall then apply a formula which in addition to the temperature
difference between flue gases and combustion air incorporates adequate
constants. The formula and constants must have been published by the
Member State under whose jurisdiction the inspecting body comes or be
laid down in a standard.
In the absence of official regulations or a standard, sensible-heat losses
may be calculated from the characteristics of the fuel, its calorific value
and the volume of excess air by using tables giving the specific heat of
combustion gases such as those established by the 12th World Gas
Congress (IGU/E/l7/73).
The above procedure shall not apply to condensing boilers.
3.2.►
C1 Measurement of flue-gas opacity ◄
The body shall carry out this measurement where the generator uses a
liquid fuel or a liquefied petroleum gas (LPG) injected in liquid form;
measurement shall be by means of an adequate instrument; the result shall
be expressed as a conventional smoke number (0 to 9).
4. OTHER CHECKS (OPTIONAL)4.1.Traces of carbon moioxide
The body may be empowered to check that generator flue-gases do not
contain carbon monoxide in such quantities as to cast doubts on the results
of measurements made in accordance with 3.1.
4.2.Losses through the heat generator casing
In those Member States where there are neither regulations nor technical
rules or other provisions on the subject, the body may be authorized to
assess casing losses from data provided by the manufacturer and/or from
surface temperatures observed during the test.
5. TEST REPORT
After the test the body shall draw up a report in the form laid down by the
Member State, giving the generator's main features, the measurements
taken, the formula used to calculate losses and the heat generator's
performance.1978L0170 — EN — 16.12.1982 — 001.002 — 6