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HWB Energy & Ecodesign 9 min

HWB: Hot-Water Boilers Directive (Council Directive 92/42/EEC), explained

The Hot-Water Boilers Directive set minimum efficiency requirements, CE marking and conformity assessment for new liquid- or gas-fired hot-water boilers of 4 kW to 400 kW, binding the manufacturer or its authorised representative. It applied from 1 January 1994; since 26 September 2013 Regulation (EU) No 813/2013 has repealed all but Article 7(2), Article 8 and Annexes III to V.

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Reviewed 24 September 2026 by Conphora compliance team · Next review 12 March 2027 · Not legal advice

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Who it applies to

Covered by the act

  • 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, meaning the combined boiler body-burner unit designed to transmit to water the heat released from burning
  • Appliances marketed separately: the boiler body designed to have a burner fitted and the burner designed to be fitted to a boiler body
  • Standard boilers, low-temperature boilers (including condensing boilers using liquid fuel) and gas condensing boilers, each with its own efficiency requirement in the original Article 5 table
  • The manufacturer or his authorised representative established in the Community, and where neither is established there, the person who places the product on the Community market
  • Since 26 September 2013 only Article 7(2), Article 8 and Annexes III to V remain: EC type-examination (module B), conformity to type, production quality assurance and product quality assurance (modules C, D and E), and the notification and minimum criteria for notified bodies

Derived and downstream products

  • The efficiency requirements themselves now come from Regulation (EU) No 813/2013, which covers space heaters and combination heaters with a rated heat output of 400 kW or less and, for boilers, keeps the directive's modules as the conformity assessment alongside the internal design control or management system of Directive 2009/125/EC (Regulation (EU) No 813/2013, Art. 1(1), Art. 4(1) and Art. 9)
  • For boilers burning gaseous fuels the efficiency conformity procedures are those used for the safety requirements of Directive 90/396/EEC on appliances burning gaseous fuels, which was repealed by Directive 2009/142/EC and is now read as Regulation (EU) 2016/426, applicable from 21 April 2018 (Art. 7(2); Directive 2009/142/EC, Art. 14; Regulation (EU) 2016/426, Art. 45)
  • Boilers with a dual function, heating premises and providing sanitary hot water, were assessed on the heating function only under the original Article 3(2); Regulation (EU) No 813/2013 treats them as combination heaters with their own water heating energy efficiency requirement (Regulation (EU) No 813/2013, Art. 2, point (3), and Annex II, point 2)
  • The star-rated energy performance label of Article 6 and Annex II was deleted by Directive 2005/32/EC in 2005; the energy label for space heaters up to 70 kW now comes from Commission Delegated Regulation (EU) No 811/2013 under the energy labelling framework (Directive 2010/30/EU, repealed by Regulation (EU) 2017/1369 from 1 August 2017) (Directive 2005/32/EC, Art. 21(1); Regulation (EU) No 811/2013, Art. 1(1); Regulation (EU) 2017/1369, Art. 20)
  • Directive 92/42/EEC is listed in Annex I of Regulation (EU) 2019/1020 on market surveillance and, because it contains no penalty provisions, in its Annex II, so Member States lay down the penalties under Article 41 of that regulation (Regulation (EU) 2019/1020, Annex I, point 7, Annex II, point 6, and Art. 41)

Roles under the act

Manufacturer

The party that lodges the EC type-examination application, keeps the technical documents and the type-examination certificate, ensures the manufacturing process keeps the appliances in conformity with the approved type and the efficiency requirements, affixes the CE marking and draws up the written declaration of conformity; the directive does not define the term but addresses the manufacturer or his authorised representative established within the Community throughout the modules.

Source · Annex III, points 2, 3 and 9, and Annex IV, module C, points 1 and 2
Authorised representative established within the Community

The manufacturer's authorised representative established within the Community, who may lodge the EC type-examination application giving his own name and address in addition to the manufacturer's, affix the CE marking, draw up the written declaration of conformity and keep the certificates and declaration for at least 10 years after the last date of manufacture.

Source · Annex III, points 2, 5 and 9, and Annex IV, module C, points 1 and 3
Importer (person placing a third-country boiler on the Union market)

Where neither the manufacturer nor his authorised representative is established within the Community, the person who places the product on the Community market is responsible for keeping the technical documents available; under the ecodesign framework the importer must ensure the product complies and keep and make available the EC declaration of conformity and the technical documentation, and under Regulation (EU) 2019/1020 the importer is the natural or legal person established within the Union who places a product from a third country on the Union market.

Source · Annex III, point 9, and Annex IV, module C, point 3Source · Art. 4Source · Art. 3, point (9)
Distributor (wholesaler, installer or retailer)

Any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market; the directive itself imposes no distributor duties, but the market surveillance regulation and the Danish ecodesign act reach anyone who has been a link in the sale of a boiler.

Source · Art. 3, point (10), and Art. 7(1)Source · § 10, stk. 4, and § 11, stk. 1

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Does HWB apply to your product?

Three questions, a first answer from the regulation’s own scope rules. No account needed.

The rules behind this check
  1. Boilers with a rated output above 400 kW · any · any Not in scope The directive covered boilers with a rated output of no less than 4 kW and no more than 400 kW, and Regulation (EU) No 813/2013 likewise applies only to space heaters and combination heaters with a rated heat output of 400 kW or less; larger boilers fall outside both. Source · Art. 1Source · Art. 1(1)
  2. Boilers capable of being fired by different fuels including solid fuels, or solid-fuel boilers, Equipment for the instantaneous preparation of hot water, Boilers designed for fuels whose properties differ appreciably from commonly marketed liquid and gaseous fuels (industrial waste gas, biogas), Cookers and appliances designed mainly to heat the premises they are installed in, with hot water as a subsidiary function, Appliances below 6 kW using gravity circulation, designed solely for stored sanitary hot water, Boilers manufactured on a one-off basis, Cogeneration units as defined in Directive 2004/8/EC (read as Directive (EU) 2023/1791) · any · any Not in scope Article 3(1) excluded boilers capable of being fired by different fuels including solid fuels, instantaneous hot-water equipment, boilers designed for fuels that differ appreciably from commonly marketed liquid and gaseous fuels, cookers and appliances heating the premises with hot water as a subsidiary function, appliances below 6 kW using gravity circulation for stored sanitary hot water, one-off boilers and cogeneration units; Regulation (EU) No 813/2013 separately excludes solid-fuel heaters, heaters designed for fuels predominantly produced from biomass, heaters producing only hot drinking or sanitary water and cogeneration space heaters of 50 kW electrical capacity or more, so check that regulation and the other ecodesign measures for these products. Source · Art. 3(1)Source · Art. 1(2)
  3. Hot-water boilers fired with liquid or gaseous fuels, rated output 4 kW to 400 kW, Standard boilers (average water temperature can be restricted by design), Low-temperature boilers working continuously at 35 to 40 °C supply, including liquid-fuel condensing boilers, Gas condensing boilers designed to condense permanently a large part of the water vapour in the combustion gases, Boiler bodies and burners marketed separately as appliances · Manufacturer, Authorised representative established within the Community, Importer (person placing a third-country boiler on the Union market), Distributor (wholesaler, installer or retailer) · any In scope A new liquid- or gas-fired hot-water boiler of 4 kW to 400 kW, or a boiler body or burner marketed separately, must meet the ecodesign requirements of Regulation (EU) No 813/2013 and be conformity-assessed through the directive's surviving Article 7(2) modules (EC type-examination by a notified body plus conformity to type, production quality assurance or product quality assurance) before the CE marking is affixed and the declaration of conformity drawn up; the obligations contain no company-size threshold. Source · Art. 7(2), Annex III and Annex IVSource · Art. 3, Art. 4(1) and Art. 9
  4. Other space or combination heaters within Regulation (EU) No 813/2013 (heat pump, electric boiler or cogeneration heaters up to 400 kW) · any · any It depends Heat pump, electric boiler and small cogeneration heaters were never within Directive 92/42/EEC, which covered only boilers fired with liquid or gaseous fuels, but they are space heaters or combination heaters under Regulation (EU) No 813/2013 and must meet its ecodesign requirements using the conformity assessment of Directive 2009/125/EC. Source · Art. 1Source · Art. 1(1), Art. 2, points (12) to (18), and Art. 4(1)
  5. any · any · any It depends Whether the surviving provisions apply turns on the fuel, the rated output (4 kW to 400 kW), whether an Article 3(1) exclusion covers the appliance, and which role the operator holds; for every heater up to 400 kW also check Regulation (EU) No 813/2013. Source · Art. 1 and Art. 3Source · Art. 1

Key dates

  1. Council Directive 92/42/EEC adopted under the SAVE programme on energy efficiency Source · title and signature block
  2. Entry into force by notification to the Member States; published in OJ L 167 of 22 June 1992 Source · document information (date of effect, publication)
  3. Deadline for Member States to adopt and publish the transposing provisions Source · Art. 9(1)
  4. Directive 93/68/EEC in force: EC mark renamed CE marking, notified bodies with identification numbers, CE marking and written declaration of conformity in the modules; national measures apply from 1 January 1995 Source · document informationSource · Art. 12 and Art. 14(1)
  5. National measures apply: new boilers of 4 kW to 400 kW must meet the Article 5 efficiency requirements, be conformity-assessed and bear the marking Source · Art. 9(1)
  6. End of the transitional period during which appliances complying with the national rules and schemes in force at adoption could still be placed on the market and put into service Source · Art. 9(2)
  7. Directive 2004/8/EC in force: cogeneration units excluded from the directive (Article 3(1), seventh indent) Source · Art. 3(1), seventh indent (M2)Source · document information
  8. Directive 2005/32/EC in force: the Article 6 star rating, the additional markings of Annex I point 2 and Annex II deleted; Article 10a makes the directive an ecodesign implementing measure Source · Art. 21(1) and Art. 26
  9. Directive 2008/28/EC in force: Article 10a switched to the regulatory procedure with scrutiny of Article 19(3) of Directive 2005/32/EC Source · Art. 2 and Art. 5
  10. Regulation (EU) No 813/2013 in force: Directive 92/42/EEC repealed except Article 7(2), Article 8 and Annexes III to V, without prejudice to the Member States' transposition and application obligations until the ecodesign requirements start to apply Source · Art. 9 and Art. 10
  11. First ecodesign requirements of Regulation (EU) No 813/2013 apply: seasonal space heating energy efficiency, useful efficiencies, water heating efficiency and product information for heaters up to 400 kW Source · Art. 3(2)(a) and Annex II, points 1(a), 2(a), 3 and 5
  12. Second tier of Regulation (EU) No 813/2013: electric boiler space heaters and combination heaters must reach a seasonal space heating energy efficiency of at least 36 %, cogeneration space heaters 100 %, heat pump heaters 110 % and low-temperature heat pumps 125 %, and combination heaters meet the second water heating efficiency tier Source · Art. 3(2)(b) and Annex II, points 1(b) and 2(b)
  13. Nitrogen oxide emission limits of Regulation (EU) No 813/2013 apply to heaters Source · Art. 3(2)(c) and Annex II, point 4(a)
  14. Danish order on efficiency requirements for hot-water boilers using liquid or gaseous fuel, bekendtgørelse nr. 488 af 7. juni 1994, repealed by bekendtgørelse nr. 1321 af 9. december 2019 Source · § 1, nr. 1, and § 2

What you must do

Obligations by role

Manufacturer9
  • Design the boiler to the ecodesign requirements of Regulation (EU) No 813/2013 that replaced the directive's Article 5 table: from 26 September 2015 a seasonal space heating energy efficiency of at least 86 % for fuel boiler space heaters and combination heaters up to 70 kW (75 % for type B1 boilers up to 10 kW and B1 combination boilers up to 30 kW), and for boilers above 70 kW up to 400 kW a useful efficiency of at least 86 % at 100 % and 94 % at 30 % of the rated heat output, plus the water heating efficiency for combination heaters and, from 26 September 2018, the nitrogen oxide limits. Art. 3(2) and Annex II, points 1(a), 2 and 4(a)
  • Have the efficiency of the boiler type examined by a notified body of your choice under module B (EC type-examination) in Annex III: lodge the application with the technical documents and a declaration that no other notified body has received the same application, place a representative type at the body's disposal and obtain the EC type-examination certificate. Art. 7(2), first indent, and Annex III, points 2 to 5
  • Compile the technical documents so that conformity with the requirements can be assessed: a general type description, conceptual design and manufacturing drawings and diagrams, the explanations needed to understand them, the list of harmonised standards applied in full or in part and the solutions adopted where they were not, the results of design calculations and examinations, and the test reports. Annex III, point 3
  • Certify series production under module C (conformity to type, with a notified body examining product samples at random intervals), module D (an approved production quality system assessed, audited and monitored by a notified body) or module E (an approved product quality system for final inspection and testing) in Annex IV, and under modules D and E add the notified body's identification number after the CE marking. Art. 7(2), second indent, and Annex IV, modules C, D and E
  • For a boiler burning gaseous fuels, run the efficiency conformity assessment through the procedures used for the safety requirements of the gas appliances legislation, Directive 90/396/EEC, now read as Regulation (EU) 2016/426. Art. 7(2), second subparagraphArt. 45
  • Affix the CE marking to each appliance before placing it on the market. Annex IV, module C, point 1Art. 5(1)
  • Draw up a written declaration of conformity before placing the appliance on the market; under the ecodesign framework it contains the elements of Annex VI of Directive 2009/125/EC and refers to Regulation (EU) No 813/2013. Annex IV, module C, point 1Art. 5(3)Art. 4(2)
  • Inform the notified body that holds the technical documents of every modification to the approved appliance that may affect conformity with the essential requirements or the prescribed conditions for use, and obtain an addition to the EC type-examination certificate where needed. Annex III, point 6
  • Keep copies of the EC type-examination certificates and their additions with the technical documents, and a copy of the declaration of conformity, for at least 10 years after the last date of manufacture; under the ecodesign framework the conformity documents must be produced within 10 days of a competent authority's request. Annex III, point 9, and Annex IV, module C, point 3Art. 8(3)
Authorised representative established within the Community5
Importer (person placing a third-country boiler on the Union market)8
  • Where neither the manufacturer nor his authorised representative is established within the Community, keep the technical documents, the EC type-examination certificates and the declaration of conformity available as the person who places the product on the Community market. Annex III, point 9, and Annex IV, module C, point 3
  • Where the manufacturer is not established in the Union and has no authorised representative, ensure that the boiler you place on the market complies with the ecodesign requirements of Regulation (EU) No 813/2013. Art. 4
  • As the responsible economic operator in the Union for an ecodesign product, verify that the declaration of conformity and the technical documentation have been drawn up. Art. 4(1) and Art. 4(3)(a)
  • Keep the declaration of conformity at the disposal of the market surveillance authorities for the period the legislation requires, and ensure the technical documentation can be made available to them on request. Art. 4(3)(a)
  • On a reasoned request, provide the authorities with the conformity information and documentation in a language they understand, and cooperate with them, including on corrective action to eliminate or mitigate risks. Art. 4(3)(b) and Art. 4(3)(d)
  • When you have reason to believe that a product presents a risk, inform the market surveillance authorities. Art. 4(3)(c)
  • Put your name, registered trade name or trade mark and your postal address on the product, its packaging, the parcel or an accompanying document. Art. 4(4)
  • In Denmark, as the producer or importer who places the product on the market, give the control authority on request all information needed for its control, including documents, technical specifications, conformity information and supply-chain details, in an easily understood language. § 4 and § 10, stk. 3
Distributor (wholesaler, installer or retailer)3
  • Make available only boilers that bear the CE marking and are accompanied by the declaration of conformity that the surviving modules require the manufacturer or his authorised representative to draw up, and under Regulation (EU) No 813/2013 only heaters that meet its ecodesign requirements. Annex IV, module C, point 1Art. 3(1)
  • Cooperate with the market surveillance authorities regarding actions that could eliminate or mitigate risks presented by boilers you have made available on the market. Art. 7(1)
  • In Denmark, on request tell the control authority who is responsible for the product, with the documents, technical specifications and supply-chain information needed to establish it. § 10, stk. 4

HWB in plain terms

The Hot-Water Boilers Directive (HWB), formally Council Directive 92/42/EEC of 21 May 1992, was one of the Community’s first product energy-efficiency laws. Adopted under the SAVE programme, it determined the efficiency requirements for 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 (Art. 1). It followed the new approach: the directive set essential efficiency requirements, harmonised standards gave a presumption of conformity, a notified body examined the boiler type, and the boiler carried the CE marking and an EC declaration of conformity (Art. 5, Art. 7 and the recitals).

Most of it is history. Since 26 September 2013 Commission Regulation (EU) No 813/2013 on ecodesign requirements for space heaters and combination heaters has repealed the directive except Article 7(2), Article 8 and Annexes III to V, without prejudice to the Member States’ obligations to transpose and apply it until the regulation’s own requirements started to apply on 26 September 2015 (Regulation (EU) No 813/2013, Art. 9 and Art. 10). What survives is the conformity assessment for boilers and the rules on notified bodies; the efficiency limits now come from the regulation. For a manufacturer, importer or distributor of boilers, this guide therefore covers two layers: what the directive still requires and what Regulation (EU) No 813/2013 requires instead of it.

Official text Read the directive on EUR-Lex: Council Directive 92/42/EEC (CELEX 31992L0042), the consolidated text of 26 September 2013 showing the surviving provisions, or the consolidated text of 21 March 2008 with the scope, definitions and efficiency table as they stood before the repeal.

Scope

The directive covered new hot-water boilers fired by liquid or gaseous fuels with a rated output of 4 kW to 400 kW (Art. 1). A boiler is the combined boiler body-burner unit designed to transmit to water the heat released from burning; an appliance is a boiler body designed to have a burner fitted or a burner designed to be fitted to a boiler body, and appliances marketed separately also carried the CE marking and a declaration defining the parameters that let them reach the efficiency levels after assembly (Art. 2 and Art. 7(3)). The definitions distinguished standard boilers, whose average water temperature can be restricted by design, low-temperature boilers working continuously at a supply temperature of 35 to 40 °C including liquid-fuel condensing boilers, and gas condensing boilers designed to condense permanently a large part of the water vapour in the combustion gases (Art. 2).

Article 3(1) excluded seven groups: hot-water boilers capable of being fired by different fuels including solid fuels; equipment for the instantaneous preparation of hot water; boilers designed for fuels whose properties differ appreciably from commonly marketed liquid and gaseous fuels, such as industrial waste gas or biogas; cookers and appliances designed mainly to heat the premises they are installed in and only as a subsidiary function to supply hot water; appliances with rated outputs below 6 kW using gravity circulation and designed solely for stored sanitary hot water; boilers manufactured on a one-off basis; and, since Directive 2004/8/EC, cogeneration units as defined in that directive. Directive 2004/8/EC was itself repealed from 5 June 2014 by Directive 2012/27/EU on energy efficiency, and Directive 2012/27/EU was in turn repealed with effect from 12 October 2025 by Directive (EU) 2023/1791, the recast energy efficiency directive, so references to Directive 2004/8/EC are now read as references to Directive (EU) 2023/1791 in accordance with its correlation table (Art. 3(1); Directive 2012/27/EU, Art. 27(1); Directive (EU) 2023/1791, Art. 38 and Annex XVII). For dual-function boilers the efficiency requirements concerned the heating function only (Art. 3(2)).

The duties fell on the manufacturer or his authorised representative established within the Community, and where neither was established there, on the person who placed the product on the Community market (Annex III, point 9). Regulation (EU) No 813/2013 is wider: it covers space heaters and combination heaters with a rated heat output of 400 kW or less whatever the heat generator, so heat pump, electric boiler and small cogeneration heaters are inside the regulation although they were never inside the directive (Regulation (EU) No 813/2013, Art. 1(1) and Art. 2).

What you must do

Efficiency requirements: then and now

The original Article 5 required useful efficiencies at rated output, at an average boiler-water temperature of 70 °C, and at 30 % part load: for standard boilers at least 84 + 2 log Pn at rated output and 80 + 3 log Pn at part load, for low-temperature boilers 87,5 + 1,5 log Pn at both, and for gas condensing boilers 91 + 1 log Pn at rated output and 97 + 1 log Pn at part load, with Pn the rated output in kW (Art. 5(1), 2008 consolidated text). Regulation (EU) No 813/2013 repealed that table. From 26 September 2015 fuel boiler space heaters and combination heaters up to 70 kW must reach a seasonal space heating energy efficiency of at least 86 %, type B1 boilers up to 10 kW and B1 combination boilers up to 30 kW at least 75 %, and boilers above 70 kW up to 400 kW a useful efficiency of at least 86 % at 100 % and 94 % at 30 % of the rated heat output; combination heaters also meet water heating energy efficiency requirements and, from 26 September 2018, all heaters meet nitrogen oxide limits (Regulation (EU) No 813/2013, Art. 3(2) and Annex II, points 1(a), 2 and 4(a)). Member States could allow heaters conforming to their existing national provisions until 26 September 2015 for efficiency and sound, and until 26 September 2018 for nitrogen oxides (Regulation (EU) No 813/2013, Art. 8).

Conformity assessment with a notified body

Article 7(2), which survives, certifies the conformity of series-produced boilers in two steps: examination of the efficiency of a boiler type under module B in Annex III, and a declaration of conformity to the approved type under module C, D or E in Annex IV. For boilers burning gaseous fuels the efficiency procedures are those used to assess conformity to the safety requirements of Directive 90/396/EEC, which was repealed by Directive 2009/142/EC and is now read as Regulation (EU) 2016/426 (Art. 7(2); Directive 2009/142/EC, Art. 14; Regulation (EU) 2016/426, Art. 45). Regulation (EU) No 813/2013 makes the ecodesign conformity assessment the internal design control or the management system of Directive 2009/125/EC, but without prejudice to these provisions of the directive, so a boiler still goes through a notified body (Regulation (EU) No 813/2013, Art. 4(1)).

Under module B the manufacturer or his authorised representative lodges the application with a notified body of his choice, with a written declaration that no other notified body has received the same application and the technical documents: a general type description, conceptual design and manufacturing drawings and diagrams, the explanations needed to understand them, the list of harmonised standards applied and the solutions adopted where they were not, design calculations and examinations, and test reports (Annex III, points 2 and 3). The body examines the documents and the type, performs or has performed the necessary tests, and issues the EC type-examination certificate or gives detailed reasons for refusal; modifications that may affect conformity need an addition to the certificate (Annex III, points 4 to 6). Copies of the certificates are kept with the technical documents for at least 10 years after the last date of manufacture (Annex III, point 9).

Module C requires the manufacturing process to keep the appliances in conformity with the approved type and the efficiency requirements, with a notified body examining samples of finished products at random intervals (Annex IV, module C). Module D is an approved production quality system and module E an approved product quality system for final inspection and testing, each assessed by a notified body with an inspection visit, periodic audits and possible unannounced visits, and each with records kept for 10 years (Annex IV, modules D and E). Under all three modules the manufacturer or his authorised representative affixes the CE marking to each appliance and draws up a written declaration of conformity, accompanied under D and E by the identification number of the notified body (Annex IV, point 1 of each module, as amended by Directive 93/68/EEC).

Notified bodies

Member States inform the Commission and the other Member States of the bodies they have appointed, their tasks and the identification numbers assigned by the Commission, which publishes the list in the Official Journal (Art. 8(1)). Bodies must meet the minimum criteria in Annex V on independence from designers, manufacturers, suppliers and installers, professional integrity, staff and facilities, impartial remuneration, liability insurance and professional secrecy, and a Member State withdraws a notification when a body no longer satisfies them (Art. 8(2), Art. 8(3) and Annex V).

Marking, declaration and documentation today

Because the marking articles of the directive were repealed, the CE marking and EC declaration of conformity for a boiler now rest on Directive 2009/125/EC: before placing on the market the manufacturer or its authorised representative affixes the CE marking and issues a declaration containing the elements of Annex VI of that directive and referring to Regulation (EU) No 813/2013, and the technical documentation carries the product information listed in Annex II, point 5(b), of the regulation (Directive 2009/125/EC, Art. 5; Regulation (EU) No 813/2013, Art. 4(2)). Conformity documents are kept for 10 years after the last unit was manufactured and produced within 10 days of a request (Directive 2009/125/EC, Art. 8(3)). Where the manufacturer is outside the Union and has no authorised representative, the importer ensures compliance and keeps the declaration and documentation (Directive 2009/125/EC, Art. 4), and Regulation (EU) 2019/1020 requires a responsible economic operator established in the Union for products under the ecodesign directive (Regulation (EU) 2019/1020, Art. 4).

The star-rated energy performance label of Article 6 and Annex II is gone: Directive 2005/32/EC deleted it from 11 August 2005 because the scheme had not delivered the expected result (Directive 2005/32/EC, recital 16 and Art. 21(1)). Space heaters and combination heaters up to 70 kW instead carry the energy label of Commission Delegated Regulation (EU) No 811/2013, which suppliers have had to provide since 26 September 2015 under the energy labelling framework, now Regulation (EU) 2017/1369 (Regulation (EU) No 811/2013, Art. 1(1) and Art. 3(1); Regulation (EU) 2017/1369, Art. 20).

Enforcement and penalties

The directive has no penalty article. Regulation (EU) 2019/1020 lists it in Annex I and, among the Union harmonisation legislation without penalty provisions, in Annex II, so Member States lay down effective, proportionate and dissuasive penalties for infringements of its obligations under Article 41, and market surveillance authorities may require corrective action ranging from bringing the product into compliance to withdrawal, recall or destruction and act themselves where the operator does not (Regulation (EU) 2019/1020, Art. 16, Art. 41, Annex I, point 7, and Annex II, point 6). For the ecodesign requirements, Directive 2009/125/EC requires national penalties that take into account the extent of non-compliance and the number of non-complying units, and its safeguard clause obliges the manufacturer or authorised representative to end the infringement, with restriction, prohibition or withdrawal where non-compliance continues (Directive 2009/125/EC, Art. 7 and Art. 20).

In Denmark the order on efficiency requirements for hot-water boilers using liquid or gaseous fuel, bekendtgørelse nr. 488 af 7. juni 1994 om krav til virkningsgrad i varmtvandskedler, der anvender flydende eller luftformigt brændsel, was repealed with effect from 1 January 2020 (bekendtgørelse nr. 1321 af 9. december 2019, § 1, nr. 1, and § 2). The ecodesign act, lovbekendtgørelse nr. 2166 af 29. november 2021, as amended by lov nr. 431 of 6 May 2025, places control with the Minister for Industry, Business and Financial Affairs following the 2018 transfer of ressort, lets the control authority order conformity, impose conditions, prohibit placing or making available, order withdrawal, recall or destruction, order online content changed or removed and publish its decisions, and punishes with fines, under section 15(1), failure to notify the control authority of a product believed to present a risk, failure to supply the information the authority requests or to say who is responsible for the product, giving incorrect or misleading information, failing to have an authorised representative or to give that representative the necessary powers or means where one is required, refusing access for sampling, breaching a decision under sections 11 to 11 b, and evading or attempting to evade the control, with confiscation of any economic gain and criminal liability for companies under chapter 5 of the criminal code (§ 10, § 11, § 11 b, § 12 and § 15). Sikkerhedsstyrelsen has carried out the ecodesign and energy-labelling surveillance since 1 July 2019, questions on the interpretation of the rules go to Energistyrelsen, and since January 2026 Sikkerhedsstyrelsen is the Markedsovervågning department of Erhvervsstyrelsen (the Danish Business Authority).

How Conphora helps

Conphora maps your boilers against the two layers that apply today: the surviving conformity assessment and notified-body provisions of Directive 92/42/EEC and the ecodesign and energy-labelling requirements of Regulations (EU) No 813/2013 and 811/2013. The platform flags gaps in the type-examination certificate, the production module, the declaration of conformity, the technical documentation and the energy label, keeps the 10-year records, and alerts you when the Commission revises the heater regulations or their harmonised standards.

See how Conphora works · See plans and pricing

Sources

This guide is for general information and is not legal advice.

Penalties

Enforced by National market surveillance authorities enforce the surviving provisions of the directive and the ecodesign requirements of Regulation (EU) No 813/2013 with the powers of Regulation (EU) 2019/1020, which lists Directive 92/42/EEC in its Annex I and, because the directive has no penalty article, in Annex II; in Denmark, the ecodesign act (lovbekendtgørelse nr. 2166 af 29. november 2021, as amended by lov nr. 431 of 6 May 2025) places control with the Minister for Industry, Business and Financial Affairs, and Sikkerhedsstyrelsen, since January 2026 the Markedsovervågning department of Erhvervsstyrelsen, has carried out ecodesign and energy-labelling surveillance since 1 July 2019 while Energistyrelsen answers questions on the interpretation of the rules. The toolkit is an order to bring the product into conformity, conditions before placing on the market, prohibition of placing or making available, withdrawal, recall, destruction, orders to change or remove online content, publication of decisions and fines under Danish law.

Directive 92/42/EEC contains no penalty article; its original Article 7(5) on unduly affixed CE marking was repealed by Regulation (EU) No 813/2013 together with everything except Article 7(2), Article 8 and Annexes III to V. Penalties therefore follow two routes. Regulation (EU) 2019/1020 lists the directive in Annex I and, as legislation without penalty provisions, in Annex II, so Member States lay down effective, proportionate and dissuasive penalties for infringements of its obligations under Article 41 of that regulation, and market surveillance authorities may require the product to be brought into compliance, prevented from being made available, withdrawn or recalled, destroyed, marked with warnings or made available only on conditions, and act themselves if the operator does not. For the efficiency requirements of Regulation (EU) No 813/2013, Directive 2009/125/EC requires effective, proportionate and dissuasive national penalties that take into account the extent of non-compliance and the number of non-complying units, and its safeguard clause obliges the manufacturer or authorised representative to end the infringement, with prohibition or withdrawal where non-compliance continues. In Denmark the ecodesign act (lovbekendtgørelse nr. 2166 af 29. november 2021, as amended by lov nr. 431 of 6 May 2025) lets the control authority order conformity, impose conditions, prohibit placing or making available, order withdrawal, recall or destruction, order online content changed or removed and publish its decisions, and punishes with fines, under section 15(1), failure to notify the control authority of a product believed to present a risk, failure to supply the information the authority requests or to say who is responsible for the product, giving incorrect or misleading information, failing to have an authorised representative or to give that representative the necessary powers or means where one is required, refusing access for sampling, breaching a decision under sections 11 to 11 b, and evading or attempting to evade the control, with confiscation of any economic gain and criminal liability for companies under chapter 5 of the criminal code; control lies with the Minister for Industry, Business and Financial Affairs since the 2018 transfer of ressort and is carried out by Sikkerhedsstyrelsen, since January 2026 the Markedsovervågning department of Erhvervsstyrelsen.

Source · Art. 9Source · Art. 16, Art. 41, Annex I, point 7, and Annex II, point 6Source · Art. 7 and Art. 20Source · § 10, § 11, § 11 b, § 12 and § 15Source · § 23Source

What changed

Entry into force, amendments and Compliance Radar entries for HWB, newest first.

  1. Guidance

    Guide rewritten from the consolidated texts

    The body was rewritten from the 2008 and 2013 consolidated texts, Regulation (EU) No 813/2013 and the amending directives: it now states which provisions Regulation (EU) No 813/2013 repealed and which survive, the exact Article 3(1) exclusions, the module B plus C, D or E conformity assessment, the 1994 application date and the 1997 transitional period, the 2005 deletion of the star rating, the current ecodesign thresholds, and the Danish enforcement set-up including the 2019 repeal of the transposing order.

    SourceSource · Art. 9
  2. Applies

    Nitrogen oxide limits of Regulation (EU) No 813/2013 apply

    From 26 September 2018 heaters must meet the nitrogen oxide emission limits of Annex II, point 4(a), and the transitional allowance for heaters conforming to earlier national provisions on nitrogen oxides ends.

    Source · Art. 3(2)(c), Art. 8(2) and Annex II, point 4(a)
  3. Applies

    Second efficiency tier for electric, cogeneration and heat pump heaters applies

    Second tier of Regulation (EU) No 813/2013: electric boiler space heaters and combination heaters must reach a seasonal space heating energy efficiency of at least 36 %, cogeneration space heaters 100 %, heat pump heaters 110 % and low-temperature heat pumps 125 %, and combination heaters meet the second water heating efficiency tier.

    Source · Art. 3(2)(b) and Annex II, points 1(b) and 2(b)
  4. Amendment

    Regulation (EU) 2016/2282 replaces the verification annex of Regulation (EU) No 813/2013

    Regulation (EU) No 813/2013 has itself been amended once, by Commission Regulation (EU) 2016/2282 of 30 November 2016, in force 9 January 2017, which replaced its Annex IV on product compliance verification by market surveillance authorities: the authorities verify one unit, then three more if needed, apply only the verification tolerances of Table 8, and those tolerances may not be used by the manufacturer or importer to establish or interpret the declared values.

    Source · Art. 1 and Art. 2Source · Annex IV (M1)
  5. Applies

    Ecodesign requirements for heaters apply; the directive's efficiency table is history

    The first ecodesign requirements of Regulation (EU) No 813/2013 apply to space heaters and combination heaters up to 400 kW: seasonal space heating energy efficiency and useful efficiencies, water heating efficiency, sound power and product information. The Member States' obligations to transpose and apply Directive 92/42/EEC, preserved by the repeal clause until this date, end.

    Source · Art. 3(2)(a), Art. 8(1), Art. 9 and Annex II
  6. Amendment

    Regulation (EU) No 813/2013 in force: directive repealed except Article 7(2), Article 8 and Annexes III to V

    The ecodesign regulation for space heaters and combination heaters of 2 August 2013, published in OJ L 239 of 6 September 2013, entered into force on the twentieth day after publication and repealed Directive 92/42/EEC except its conformity assessment modules and notified-body provisions, which it keeps as part of the conformity assessment for boilers.

    Source · Art. 4(1), Art. 9 and Art. 10
  7. Amendment

    Directive 2008/28/EC in force: regulatory procedure with scrutiny

    The comitology directive of 11 March 2008 replaced the reference in Article 10a to Article 19(2) of Directive 2005/32/EC by Article 19(3), the regulatory procedure with scrutiny under which the Commission may amend or repeal the directive; no transposition was needed.

    Source · recital 8, Art. 2 and Art. 5
  8. Amendment

    Directive 2005/32/EC in force: star rating deleted, directive becomes an ecodesign implementing measure

    The ecodesign framework directive of 6 July 2005 deleted Article 6 on the boiler energy performance star rating, the additional specific markings of Annex I point 2 and Annex II, and inserted Article 10a making the directive an implementing measure under Article 15 of Directive 2005/32/EC; Member States had to transpose the framework directive by 11 August 2007.

    Source · recital 16, Art. 21(1), Art. 25 and Art. 26
  9. Amendment

    Directive 2004/8/EC in force: cogeneration units excluded

    The cogeneration directive of 11 February 2004, published in OJ L 52 of 21 February 2004, added a seventh indent to Article 3(1) excluding cogeneration units as defined in that directive. Directive 2004/8/EC was itself repealed from 5 June 2014 by Directive 2012/27/EU on energy efficiency, and Directive 2012/27/EU was in turn repealed with effect from 12 October 2025 by Directive (EU) 2023/1791, the recast energy efficiency directive, so references to Directive 2004/8/EC are now read as references to Directive (EU) 2023/1791 in accordance with its correlation table.

    Source · Art. 3(1), seventh indent (M2)Source · Art. 27(1)Source · Art. 38 and Annex XVII
  10. Applies

    Directive 92/42/EEC applies in the Member States

    National transposing provisions, due by 1 January 1993, apply from 1 January 1994: new liquid- and gas-fired boilers of 4 kW to 400 kW must meet the Article 5 useful-efficiency requirements at rated output and 30 % part load, pass EC type-examination and a production module, and carry the marking and EC declaration of conformity; until 31 December 1997 appliances complying with the national rules in force at adoption could still be placed on the market and put into service.

    Source · Art. 5(1), Art. 7 and Art. 9
  11. Amendment

    Directive 93/68/EEC in force: CE marking

    The CE-marking directive of 22 July 1993 replaced the EC mark by the CE marking, rewrote the free-movement and marking articles, required notified bodies to be notified with identification numbers and had the manufacturer or his authorised representative affix the CE marking and draw up a written declaration of conformity in the Annex IV modules; Member States applied the measures from 1 January 1995 and could allow earlier marking arrangements until 1 January 1997.

    Source · Art. 12 and Art. 14Source · document information
  12. In force

    Council Directive 92/42/EEC enters into force

    Adopted on 21 May 1992 under the SAVE programme and Article 100a of the EEC Treaty as a new-approach directive limited to essential efficiency requirements, the directive took effect on notification to the Member States on 3 June 1992 and was published in OJ L 167 of 22 June 1992; Member States had until 1 January 1993 to adopt their transposing provisions.

    Source · document informationSource · recitals and Art. 9(1)

Questions people ask about HWB

Is the Hot-Water Boilers Directive 92/42/EEC still in force?

Only partly. Regulation (EU) No 813/2013 repealed the directive with effect from 26 September 2013, except Article 7(2), Article 8 and Annexes III to V, without prejudice to the Member States' obligations to transpose and apply it until the regulation's ecodesign requirements started to apply on 26 September 2015. What remains is the conformity assessment for boilers (EC type-examination plus conformity to type, production quality assurance or product quality assurance) and the rules on notified bodies; the efficiency requirements themselves are now in Regulation (EU) No 813/2013.

Source · Art. 3(2), Art. 4(1), Art. 9 and Art. 10
Which boilers did the directive cover and which were excluded?

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, plus boiler bodies and burners marketed separately. Article 3(1) excluded boilers capable of being fired by different fuels including solid fuels, instantaneous hot-water equipment, boilers designed for fuels differing appreciably from commonly marketed liquid and gaseous fuels such as industrial waste gas or biogas, cookers and appliances that mainly heat the premises with hot water as a subsidiary function, appliances below 6 kW using gravity circulation solely for stored sanitary hot water, one-off boilers and, since 2004, cogeneration units.

Source · Art. 1, Art. 2 and Art. 3(1)
What efficiency must a gas or oil boiler meet today?

Since 26 September 2015 the ecodesign requirements of Regulation (EU) No 813/2013 apply: fuel boiler space heaters and combination heaters up to 70 kW need a seasonal space heating energy efficiency of at least 86 % (75 % for type B1 boilers up to 10 kW and B1 combination boilers up to 30 kW), and boilers above 70 kW up to 400 kW need a useful efficiency of at least 86 % at 100 % and 94 % at 30 % of the rated heat output. Combination heaters also meet water heating efficiency requirements, and from 26 September 2018 all heaters meet nitrogen oxide limits. The directive's own table in Article 5, which set for example 84 + 2 log Pn for standard boilers at rated output, was repealed by the regulation.

Source · Art. 3(2), Art. 9 and Annex II, points 1(a), 2 and 4(a)Source · Art. 5(1)
Do I still need a notified body for a hot-water boiler?

Yes for boilers. Regulation (EU) No 813/2013 lets manufacturers use the internal design control or management system of Directive 2009/125/EC, but expressly without prejudice to Articles 7(2) and 8 of and Annexes III to V to Directive 92/42/EEC, which require the efficiency of a boiler type to be examined by a notified body under module B and series production to be certified under module C, D or E, with a notified body sampling products or auditing the quality system. For boilers burning gaseous fuels the efficiency assessment follows the procedures used for the safety requirements of the gas appliances legislation, now Regulation (EU) 2016/426.

Source · Art. 4(1)Source · Art. 7(2), Art. 8, Annex III and Annex IVSource · Art. 45
What happened to the boiler star rating?

Article 6 of the directive provided for a star rating system intended to ascertain the energy performance of boilers, shown as an additional marking under Annex I. Directive 2005/32/EC deleted Article 6, the additional markings in Annex I point 2 and Annex II from 11 August 2005, because Member States and industry agreed the star rating had not delivered the expected result. Today the comparative information for space heaters and combination heaters up to 70 kW comes from the energy label of Commission Delegated Regulation (EU) No 811/2013, which suppliers have had to provide since 26 September 2015.

Source · recital 16, Art. 21(1) and Art. 26Source · Art. 1(1) and Art. 3(1)
How long must the type-examination certificate and the declaration of conformity be kept?

The manufacturer or his authorised representative established within the Community keeps copies of the EC type-examination certificates and their additions with the technical documents, and a copy of the declaration of conformity, for at least 10 years after the last date of manufacture of the product; where neither is established within the Community, the person who places the product on the Community market carries that obligation. Directive 2009/125/EC adds that the conformity documents must be available for 10 years after the last unit was manufactured and produced within 10 days of a request.

Source · Annex III, point 9, and Annex IV, module C, point 3Source · Art. 8(3)
Who enforces the boiler rules in Denmark?

The Danish order on efficiency requirements for hot-water boilers using liquid or gaseous fuel, bekendtgørelse nr. 488 af 7. juni 1994 om krav til virkningsgrad i varmtvandskedler, der anvender flydende eller luftformigt brændsel, was repealed with effect from 1 January 2020. The ecodesign requirements of Regulation (EU) No 813/2013 apply directly and are controlled under the Danish ecodesign act, where control lies with the Minister for Industry, Business and Financial Affairs; Sikkerhedsstyrelsen took over the ecodesign and energy-labelling surveillance from 1 July 2019, questions on the interpretation of the rules go to Energistyrelsen, and since January 2026 Sikkerhedsstyrelsen is the Markedsovervågning department of Erhvervsstyrelsen.

Source · § 1, nr. 1, and § 2Source · § 10 and footnote 3SourceSource

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Sources

  1. Council Directive 92/42/EEC on efficiency requirements for new hot-water boilers, consolidated text of 26 September 2013 (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01992L0042-20130926
  2. Council Directive 92/42/EEC, consolidated text of 21 March 2008 with the articles later repealed by Regulation (EU) No 813/2013 (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01992L0042-20080321
  3. Council Directive 92/42/EEC as published in OJ L 167, 22 June 1992 (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31992L0042
  4. Document information, dates and relationships for CELEX 31992L0042 (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31992L0042
  5. Council Directive 93/68/EEC on CE marking, Article 12 amending Directive 92/42/EEC (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31993L0068
  6. Directive 2004/8/EC on the promotion of cogeneration (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0008
  7. Directive 2005/32/EC establishing a framework for ecodesign requirements, Article 21 amending Directive 92/42/EEC (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32005L0032
  8. Directive 2008/28/EC on the implementing powers conferred on the Commission, Article 2 amending Directive 92/42/EEC (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008L0028
  9. Directive 2009/125/EC establishing a framework for ecodesign requirements for energy-related products (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009L0125
  10. Commission Regulation (EU) No 813/2013 on ecodesign requirements for space heaters and combination heaters (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R0813
  11. Commission Regulation (EU) 2016/2282 amending Regulation (EU) No 813/2013 as regards verification tolerances (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R2282
  12. Commission Delegated Regulation (EU) No 811/2013 on energy labelling of space heaters and combination heaters (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R0811
  13. Directive 2012/27/EU on energy efficiency, Article 27 repealing Directive 2004/8/EC (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32012L0027
  14. Directive (EU) 2023/1791 on energy efficiency (recast), Article 38 repealing Directive 2012/27/EU and Annex XVII correlation table (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023L1791
  15. Regulation (EU) 2016/426 on appliances burning gaseous fuels, Article 45 repealing Directive 2009/142/EC (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0426
  16. Regulation (EU) 2017/1369 setting a framework for energy labelling, Article 20 repealing Directive 2010/30/EU (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32017R1369
  17. Regulation (EU) 2019/1020 on market surveillance and compliance of products (EUR-Lex) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1020
  18. Space heaters: ecodesign and energy labelling legislation (European Commission, Energy Efficient Products) https://energy-efficient-products.ec.europa.eu/product-list/space-heaters_en
  19. Ecodesign and energy labelling: space heaters, harmonised standards (European Commission, DG GROW) https://single-market-economy.ec.europa.eu/single-market/goods/european-standards/harmonised-standards/ecodesign-and-energy-labelling-space-heaters_en
  20. Bekendtgørelse af lov om miljøvenligt design af energirelaterede produkter, LBK nr. 2166 af 29. november 2021, som ændret ved lov nr. 431 af 6. maj 2025 (Retsinformation) https://www.retsinformation.dk/eli/lta/2021/2166
  21. Lov nr. 431 af 6. maj 2025, § 23 amending the ecodesign act (Retsinformation) https://www.retsinformation.dk/eli/lta/2025/431
  22. Bekendtgørelse nr. 1321 af 9. december 2019 om ophævelse af to bekendtgørelser samt forskrifter på byggeområdet, repealing bekendtgørelse nr. 488 af 7. juni 1994 om krav til virkningsgrad i varmtvandskedler (Retsinformation) https://www.retsinformation.dk/eli/lta/2019/1321
  23. Fra 1. juli 2019 fører Sikkerhedsstyrelsen tilsyn med energimærkning og ecodesign (Sikkerhedsstyrelsen) https://www.sik.dk/nyheder/1-juli-2019-foerer-sikkerhedsstyrelsen-tilsyn-energimaerkning-og-ecodesign
  24. Kontrol og tilsyn: ecodesign og energimærkning (Sikkerhedsstyrelsen) https://www.sik.dk/erhverv/produkter/vejledninger/ecodesign-og-energimaerkning/kontrol-og-tilsyn-ecodesign-og-energimaerkning
  25. Sikkerhedsstyrelsen, en del af Erhvervsstyrelsen fra januar 2026 (Sikkerhedsstyrelsen) https://www.sik.dk/sikkerhedsstyrelsen-del-erhvervsstyrelsen

About this guide

Reviewed by
Conphora compliance team, Compliance editors, Conphora
Reviewed
24 September 2026
Next review
12 March 2027

Written from the official text on EUR-Lex and the Commission’s guidance, with a source for every fact. It is not legal advice.

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Conphora (2026). HWB: Hot-Water Boilers Directive (Council Directive 92/42/EEC), explained. Retrieved 13 October 2026 from https://www.conphora.com/regulations/hwb/
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