Ecodesign requirements for boilers and solid fuel boilers

In just a few months, from April 1, 2017, suppliers of solid fuel boilers will be obliged to ensure that they are labeled with energy efficiency labels. The labels will also apply to sets for solid fuel boilers, additional heaters, temperature regulators and solar devices. Energy classes will be assigned as based on the energy efficiency rating (EEI) of the boiler or set from the worst-case G (EEI below 30) to the best A+++ class (EEI of at least 150).

On the other hand, from 1 January 2020, solid fuel boilers placed on the market and in use will have to meet the energy efficiency and pollutant requirements for seasonal heating provided by the provisions of the Commission Implementing Regulation of Directive 2009/125/EC of 21 October 2009 laying down general principles for the definition of ecodesign requirements. From January 1, 2022 similar requirements will also apply to local room heaters (fireplaces, ovens, stoves).

The regulatory impact assessment prepared by the European Commission indicated that the implementation of the new requirements for solid fuel boilers will result in savings of 17-22 PJ (20 petajou = 1 J * 10¹⁵) in the European Union in 2040 and a reduction in particulate matter emissions of 59-78 % while boosting job growth in this sector. In the case of local room heaters, the energy savings will be in the range of 207-313 PJ in 2030 and the reduction of particulate matter emissions will be by 36-42%.

Already today, a solid fuel-fired boiler with a fuel feeding mechanism is a “machine” within the meaning of the Machinery Directive 89/392/EEC and is subject to compliance with the essential requirements set out in the Directive. It must be tested by an independent research unit that is accredited for boiler testing in accordance with PN EN 303-5:2012.

Legal opinion on ecodesign requirements for solid fuel boilers

On the site powietrze.malopolska.pl/kotly, there is a list of the boilers that meet Class 5 requirements according to PN-EN 303-5:2012 or ecodesign requirements confirmed by tests conducted by an accredited laboratory. The list is intended to serve the inhabitants in the choice of the most environmentally-friendly solid fuel boilers and municipal authorities to identify equipment that can be funded through the available national and EU programs. Currently, the preparation of the target list regulations is underway to unify the presented information and to more accurately indicate the fulfilled requirements.

The Air Quality Plan for the Malopolska Region is a strategy that will indicate how to achieve compliance with the air quality standards in the Malopolska Region. The Program adopted in 2013 by the Sejmik of the Malopolska Region indicated who is to be responsible for exceeding the limits and what should be done to make the inhabitants of the Malopolska Region breathe healthy air. The main cause of significant amounts of pollutants in the air were the low-quality, obsolete appliances for solid fuels used in the communal-housing sector, but also the high intensity of transport influencing high levels of nitrogen dioxide in Krakow.

Since then, three years have elapsed, and the effects of the implemented actions include 22 thousand of the old sources of coal burning replaced and investments worth PLN 585 million. This resulted in the reduction by more than 350 tons of particulate matter and 180 kg of harmful benzo (a) pyrene. The currently being updated Air Pollution Program under the legislation is expected to revise how the objectives and actions set out in the previous Program are likely to be implemented and what can be additionally accomplished to achieve significant improvements in air quality. On the basis of a new diagnosis of the causes of poor air quality, a new strategy of action will be established, which will enable the Malopolska Region to operate in a healthy atmosphere.

We expect the Program to be co-created with the residents, local governments and institutions that have an impact on creating ecological awareness. We encourage everyone to take an active part in the development of the air quality improvement strategy in the Malopolska Region by participating in public consultations and submitting their proposals and comments. By 29 July, every resident, organization or institution can submit comments and requests that will be analyzed in the context of the document being prepared. They can be sent electronically to the following e-mail address: powietrze@umwm.pl or to the following address: Marshal’s Office of the Malopolska Region, Environment Department, 56 Racławicka, 30-017 Krakow.

In September, a series of consultative meetings will be held in Krakow, Tarnow, Nowy Sącz, Chrzanów and Nowy Targ, during which analyzes will be presented on the proposed pollution mitigation measures under the new Program. The draft of the Air Quality Plan for the Malopolska Region in November 2016 will be subjected to proper social consultations and opinions expressed by municipalities and counties. At the same time, every resident will be able to present their position, submit their comments and proposals related to the draft document.

On the website powietrze.malopolska.pl/aktualizacja-pop you will find information on the current progress of work, planned consultations and source materials that are used in the work on updating the Program.

We encourage active cooperation in updating the strategy for improving air quality in the Malopolska Region.

The European Commission filed a complaint against Poland at the Court of Justice of the European Union on 22 June concerning the requirements of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on air quality and cleaner air for Europe (CAFE – Clean Air for Europe). Poland has time until September 1 to prepare a reply to the allegations of the European Commission.

In the complaint, the Commission proposes to state that Poland failed to fulfill its obligations by:

• exceeding, from 2007 to 2013, the daily limit values for PM10 in 35 air quality zones (including 9 zones in which the situation has not improved over the years),
• failure to adopt appropriate measures in Air Quality Plans aiming at the shortest possible occurrence of airborne PM10 exceedances,
• incorrect transposition of the CAFE Directive into the Polish legal order.

The obligation not to exceed the annual and daily limit values for PM10 was put into effect as early as on January 1, 2005. The Commission indicated that, according to the reports sent to the European Commission, the situation of exceeding the daily limit values of PM10 in Poland had not improved after 2013, so it was decided to initiate proceedings concerning infringement of the CAFÉ Directive.

The European Commission refers, among others, to the approved ban on the burning of coal and other solid fuels designated in the Program for the purpose of heating apartments and houses in Krakow. This resolution was taken in 2013, however, abolished by the Provincial Administrative Court in August 2014 due to lack of appropriate statutory authorization. Only the amendment of the Environmental Protection Act (the so-called anti-smog law), finally adopted in October 2015, enabled regional self-governments throughout Poland to introduce bans on coal in municipalities and to heat only with high-quality coal or modern boilers. On January 15, 2016 the Sejmik of the Malopolska Region adopted a resolution banning the use of solid fuels in Krakow from 1 September 2019. The Commission emphasizes that it is the only region that has used this possibility so far.

A debate was held in Oswiecim with the participation of the Marshal of the Malopolska Region on the use of EU funds from the Regional Operational Program of the Malopolska Region for the years 2014-2020 for the replacement of the old solid fuel boilers.

Only by July 25, 2016, municipalities can file project charters to the Marshal’s Office for the elimination of low emission under sub-measures 4.4.2 and 4.4.3. Filing cards before this deadline is essential for the municipality to be able to participate in the appropriate call for projects scheduled for the fourth quarter of 2016.

Call for project charters for sub-measure 4.4.2

Call for project charters for sub-measure 4.4.3

By July 25, 2016 subregional project charters are being filed within sub-measures 4.4.2 and 4.4.3 Lowering the level of low emission under the Regional Operational Program of the Malopolska Region 2014-2020.

The funds may be applied by local government units, their unions and associations, organizational units of self-governments with legal personality and entities responsible for the development of district heating networks.

Under sub-measure 4.4.2, the co-financing is intended for the replacement of heat sources in individual households with sources using biomass and gaseous fuels, heat pumps and district heating, while under sub-measure 4.4.3, for the replacement of heat sources in individual households with modern coal boilers.

The maximum level of funding for a new heating device is 350 PLN / kW, but not more than PLN 8 000.

Filing a project charter is essential to participate in the subsequent competition procedure.

The call rules and the design of the project charter are available on the websites of the Malopolska Region:

Call for project charters for sub-measure 4.4.2

Call for project charters for sub-measure 4.4.3