COMMISSION REGULATION (EU) 2019/1783 of 1 October 2019 amending Regulation (EU) No 548/2014 on implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to small, medium and large power transformers (Text with EEA relevance)

(1)

Article 7 of Commission Regulation (EU) No 548/2014 (2) requires the Commission to review that Regulation in the light of technological progress and present the results of this review to the Consultation Forum in 2017.

(2)

The Commission has carried out a review study that analysed the specific aspects set out in Article 7 of Regulation (EU) No 548/2014. The study was undertaken together with stakeholders and interested parties from the Union and the results have been made publicly available.

(3)

The study confirmed that the impact of energy consumption during the use phase on the Global Warming Potential remains dominant. The analysis made did not provide sufficient evidence to support proposing environmental requirements other than a minimum energy performance.

(4)

The study confirmed that Regulation (EU) No 548/2014 has had a positive effect on the efficiency of power transformers being placed on the market, and found that available transformer models can fulfil minimum requirements set in Tier 1 (July 2015) without difficulties.

(5)

It is generally recognised that the most appropriate method to optimise transformer designs in order to minimise electricity losses continues to be the valuation and capitalisation of future losses using proper capitalisation factors for load and no load losses in the tendering process. However, for the purposes of product regulation only the use of prescribed values for minimum efficiency or maximum losses is feasible.

(6)

The study also confirmed that for manufacturers there are no major technical barriers to manufacturing transformers compliant with the minimum requirements set out in Tier 2 for entry into force in July 2021.

(7)

The study analysed the economic viability of transformers compliant with minimum requirements set out in Tier 2 applicable as of July 2021 and found that lifecycle costs for compliant medium and large power transformers are always lower than Tier 1 compliant models, when these are being put into service in new installation sites. However, in specific situations where medium power transformers are being installed in existing urban substation locations, there can be space and weight constraints that affect the maximum size and weight of the replacement transformer to be used. Therefore, when the replacement of an existing transformer is technically infeasible or entails disproportionate costs, a regulatory relief should be justified.

(8)

An existing regulatory exemption for the replacement of large power transformers related to disproportionate costs associated with their transportation and/or installation should be complemented by an exemption for new installations, where such cost constraints are also applicable.

(9)

Experience shows that transformers may be held in stock by utilities and other economic actors for long periods of time before they are installed at their final sites. It should however remain clear that compliance with applicable requirements should be have been demonstrated either when the transformer is placed on the market or when it was put into service, but not both.

(10)

The existence of a market for the repair of transformers makes it necessary to provide guidance on the circumstances under which a transformer that has undergone certain repair operations should be considered equivalent to a new product and therefore it should comply with the requirements set out in Annex I of this Regulation.

(11)

To improve the effectiveness of this Regulation and to protect consumers, products that automatically alter their performance in test conditions to improve the declared parameters should be prohibited from being placed on the market or put into service.

(12)

To facilitate verification testing market surveillance authorities should be allowed to test, or witness the testing of, larger transformers at premises such as those of the manufacturer.

(13)

Experience gained in implementing Regulation (EU) No 548/2014 has revealed the existence of national deviations in standard voltages in electricity distribution grids in certain Member States. These deviations justify different threshold voltage levels in the categorisation of transformers, and they inform what minimum energy performance requirements should be applicable. Therefore, the inclusion of a notification mechanism to provide publicity for specific situations in Member States is justified.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19(1) of Directive 2009/125/EC,

(1)

Article 1 is replaced by the following:

(*1)  Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 100, 19.4.1994, p. 1)."

(*2)  Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations. (OJ L 172, 2.7.2009, p. 18).’;"

(2)

Article 2 is amended as follows:

(3)

Article 3 is replaced as follows:

‘The ecodesign requirements set out in Annex I shall apply from the dates indicated therein.

If threshold voltages in electricity distribution networks deviate from the standard ones across the Union (*3), Member States shall notify the Commission accordingly, so that a public notification can be made for the correct interpretation of Tables I.1, I.2, I.3a, I.3b, I.4, I.5, I.6, I.7, I.8 and I.9 in Annex I.

(*3)  Cenelec EN 60038 includes in Annex 2B a national deviation in the Czech Republic according to which the standard voltage for the highest voltage for equipment in AC three-phase systems are 38,5 kV instead of 36 kV and 25 kV instead of 24 kV.’;"

(4)

Article 4 is replaced as follows:

(5)

Article 7 is replaced by the following:

(6)

Article 8 is renumbered into Article 9 and a new Article 8 is added as follows:

(7)

the Annexes are amended as set out in the Annex to this Regulation.