As a general guidance principle, in order to decide whether a ventilation unit is – or not – in the scope of Regulation (EU) 1253/2014 one should check the two following main aspects:
• product functionality (i.e. if the ventilation units is intended replace utilised air by outdoor air);
• if the building (or its part) where the ventilation units will be installed, is designed for/foresees human occupancy.
Swimming pools
Whether or not ventilation units to be used in swimming pools are to be considered in the scope of Regulation (EU)1253/2014, is basically related to what is the functionality of the product (on a case by case analysis).
As an example, ventilation units designed to ensure dehumidification and the replacement of indoor air by outdoor air, are to be considered in the scope of Regulation (EU) 1253/2014, as the product functionality is, as from the ventilation unit definition (Article 2.1 of Regulation (EU) 1253/2014): " ‘ventilation unit (VU)’ means an electricity driven appliance…. intended to replace utilised air by outdoor air".
However, should the product be only for dehumidification/de -chlorination (e.g. in the case of a ventilation unit in a swimming pool environment used to remove the build-up of chlorine), this would mean that the product functionality would be, specifically, dehumidification/de-chlorination, and not the replacing of utilised air; in this specific case, the product should be considered to be out of the scope of Regulation (EU)1253/2014.
Bus garage
As a general principle, and in the absence of a specific description (which could lead to make a more informed choice, on the basis of the abovementioned principles), ventilation units for these applications would tend to be in the scope of Regulation (EU) 1253/2014.
Waste water treatment plants, for ventilation of basin halls
Ventilation units for these kind of applications are in the scope of Regulation (EU) 1253/2014 if the building (or its part) where the ventilation units will be in stalled, is designed for/foresees human occupancy.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.