Would ventilation units in this case be within the scope, without requirement for heat recovery or would they be out of the scope?

For buildings with excess heat, a heat recovery system will only generate a pressure drop, and the thermal bypass will be used throughout the year. This is the case for crematoriums, bakeries, and restaurant kitchens for example.

The criterion hereby presented ("For buildings with excess heat, a heat recovery system will only generate a pressure drop) cannot be taken as such into consideration for assessing whether a product is in the scope of Regulation (EU)1253/2014, or which Ecodesign requirements apply (e.g. the obligation to install a heat recovery system, in this specific case).

^{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.}