National restrictions on fossil fuels in heating systems in the context of the Ecodesign Directive

This legal opinion examines whether and how the use of fossil fuels for space and water heating can be further restricted and later phased out under German law in accordance with the EU legal framework. The focus of the analysis is the compatibility of these measures with Directive 2009/125/EC (the so-called Ecodesign Directive) in connection with Regulations (EU) 813/2013 and 814/2013 issued on its basis, in which EU-wide binding requirements for space and combination heaters as well as water heaters and hot water storage tanks are specified. Additional aspects are also examined, such as the compatibility with the provisions of the Treaty on the Functioning of the European Union (TFEU) on the free movement of goods. The analysis is complemented by a survey of existing restrictions on the use of fossil fuels for heating in other European countries. The aim of the study is to provide a suitable foundation for decisions on the creation and design of concrete legal (particularly regulatory) instruments for phasing out the use of fossil gaseous and liquid energy sources for space and water heating. These can range from regulatory restrictions to bans, but also include specific incentive instruments that in effect reduce the use of fossil boilers.